House Bill hb0379

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    Florida House of Representatives - 2002                 HB 379

        By Representative Brutus






  1                      A bill to be entitled

  2         An act relating to paternity; creating s.

  3         382.0136, F.S.; requiring DNA testing at birth

  4         and maintenance of such records by the

  5         Department of Health; providing for analysis by

  6         court order; amending s. 742.011, F.S.;

  7         requiring that determination of paternity

  8         proceedings be electronically recorded;

  9         creating s. 742.125, F.S.; authorizing a new

10         trial with respect to a determination of

11         paternity under certain circumstances;

12         providing conditions for the granting of relief

13         with respect to a motion for a new trial;

14         providing for genetic testing; providing for

15         the payment of fees; providing for costs;

16         providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Section 382.0136, Florida Statutes, is

21  created to read:

22         382.0136  DNA testing at birth required; analysis by

23  court order.--

24         (1)  In addition to the certificate for each live birth

25  required pursuant to s. 382.013, the department shall collect

26  and maintain a DNA sample of each live birth of every infant

27  born in the state. The department shall provide, by rule, for

28  the collection and maintenance of such DNA samples.

29         (2)  Any analysis of a DNA sample maintained by the

30  department shall be by court order only.

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    Florida House of Representatives - 2002                 HB 379

    755-122A-02






  1         Section 2.  Section 742.011, Florida Statutes, is

  2  amended to read:

  3         742.011  Determination of paternity proceedings;

  4  jurisdiction; recording.--Any woman who is pregnant or has a

  5  child, any man who has reason to believe that he is the father

  6  of a child, or any child may bring proceedings in the circuit

  7  court, in chancery, to determine the paternity of the child

  8  when paternity has not been established by law or otherwise.

  9  Such proceedings for the determination of paternity shall be

10  recorded electronically.

11         Section 3.  Section 742.125, Florida Statutes, is

12  created to read:

13         742.125  New trial for determination of paternity

14  permitted; procedure.--

15         (1)  Any other provision of law to the contrary

16  notwithstanding, in any action in which a person is required

17  to pay child support as the father of a child, an

18  extraordinary motion for a new trial may be made at any time

19  regarding the paternity of such child. Any such motion shall

20  include:

21         (a)  An affidavit executed by the movant that the newly

22  discovered evidence has come to the movant's knowledge since

23  the entry of judgment; and

24         (b)  The results from scientifically credible genetic

25  testing showing a probability of paternity, as authorized

26  under s. 742.12 and administered within 90 days prior to the

27  filing of such motion, that finds that there is a 0 percent

28  probability that the person ordered to pay such child support

29  is the father of the child for whom support is so required.

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    Florida House of Representatives - 2002                 HB 379

    755-122A-02






  1         (2)  The court shall grant relief on a motion filed in

  2  accordance with subsection (1) of this section if all of the

  3  following apply:

  4         (a)  The court finds that the genetic test required in

  5  subsection (1) was properly conducted;

  6         (b)  The person ordered to pay child support has not

  7  adopted the child; and

  8         (c)  The child was not conceived by artificial

  9  insemination while the person ordered to pay child support and

10  the child's mother were in wedlock.

11         (3)  The court shall not deny relief on a motion filed

12  in accordance with subsection (1) solely because of the

13  occurrence of any of the following acts if the person ordered

14  to pay child support did not know at the time of the

15  occurrence of the act that he was not the natural father of

16  the child:

17         (a)  The person ordered to pay child support married

18  the mother of the child;

19         (b)  The person ordered to pay child support

20  acknowledged his paternity of the child in a sworn statement;

21         (c)  The person ordered to pay child support was named

22  as the child's natural father on the child's birth certificate

23  with the consent of the person ordered to pay child support;

24         (d)  The person ordered to pay child support was

25  required to support the child because of a written voluntary

26  promise or by a court order or an administrative support

27  order;

28         (e)  The person ordered to pay child support signed a

29  voluntary acknowledgement of paternity;

30         (f)  The person ordered to pay child support was

31  determined to be the child's natural father; or

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    Florida House of Representatives - 2002                 HB 379

    755-122A-02






  1         (g)  The person ordered to pay child support

  2  acknowledged himself to be the child's natural father.

  3         (4)(a)  In any action brought pursuant to this section,

  4  if the genetic test results submitted in accordance with

  5  subsection (1) are solely provided by the person ordered to

  6  pay child support, the court on its own motion may, and on the

  7  motion of any party shall, order the child's mother, the

  8  child, and the person ordered to pay child support to submit

  9  to genetic tests. The clerk of the court shall schedule such

10  genetic testing not later than 30 days after the court issues

11  its order.

12         (b)  If the mother of the child or the person ordered

13  to pay child support willfully fails to submit to genetic

14  testing, or if either such party is the custodian of the child

15  and willfully fails to submit the child for testing, the court

16  shall issue an order determining the relief on the motion

17  against the party so failing to submit to genetic testing. If

18  a party shows good cause for failing to submit to genetic

19  testing, such failure shall not be considered willful.

20         (c)  The party requesting genetic testing shall pay any

21  fees charged for the tests. If the custodian of the child is

22  represented by an administrative agency in its role as an

23  agency providing enforcement of child support orders, such

24  agency shall pay the cost of genetic testing if it requests

25  the test and may seek reimbursement for the fees from the

26  person against whom the court assesses the costs of the

27  action.

28         (5)  If relief on a motion filed in accordance with

29  this section is not granted, the court shall assess the costs

30  of the action and attorney's fees against the movant.

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    Florida House of Representatives - 2002                 HB 379

    755-122A-02






  1         Section 4.  This act shall take effect upon being a

  2  law.

  3

  4            *****************************************

  5                          HOUSE SUMMARY

  6
      Requires DNA testing of all live births and the
  7    maintenance of such records by the Department of Health.
      Provides that analysis of such DNA records shall be by
  8    court order only. Requires that determination of
      paternity proceedings be electronically recorded.
  9    Provides that in any action in which a person is required
      to pay child support as the father of the child, an
10    extraordinary motion for a new trial may be made at any
      time regarding the paternity of the child under certain
11    circumstances. See bill for details.

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