CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Cantens offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (7) of section 39.502, Florida
18 Statues, is amended to read:
19 (7) Service of the summons and service of pleadings,
20 papers, and notices subsequent to the summons on persons
21 outside this state must be made pursuant to s. 61.509 s.
22 61.1312.
23 Section 2. For purposes of incorporating amendments
24 to s. 61.13, F.S., subsection (2) of section 44.102, F.S., is
25 re-enacted to read:
26 44.102 Court-ordered mediation.--
27 (2) A court, under rules adopted by the Supreme Court:
28 (a) Must, upon request of one party, refer to
29 mediation any filed civil action for monetary damages,
30 provided the requesting party is willing and able to pay the
31 costs of the mediation or the costs can be equitably divided
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 between the parties, unless:
2 1. The action is a landlord and tenant dispute that
3 does not include a claim for personal injury.
4 2. The action is filed for the purpose of collecting a
5 debt.
6 3. The action is a claim of medical malpractice.
7 4. The action is governed by the Florida Small Claims
8 Rules.
9 5. The court determines that the action is proper for
10 referral to nonbinding arbitration under this chapter.
11 6. The parties have agreed to binding arbitration.
12 7. The parties have agreed to an expedited trial
13 pursuant to s. 45.075.
14 8. The parties have agreed to voluntary trial
15 resolution pursuant to s. 44.104.
16 (b) May refer to mediation all or any part of a filed
17 civil action for which mediation is not required under this
18 section.
19 (c) In circuits in which a family mediation program
20 has been established and upon a court finding of a dispute,
21 shall refer to mediation all or part of custody, visitation,
22 or other parental responsibility issues as defined in s.
23 61.13. Upon motion or request of a party, a court shall not
24 refer any case to mediation if it finds there has been a
25 history of domestic violence that would compromise the
26 mediation process.
27 (d) In circuits in which a dependency or in need of
28 services mediation program has been established, may refer to
29 mediation all or any portion of a matter relating to
30 dependency or to a child in need of services or a family in
31 need of services.
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 Section 3. Paragraph (b) of subsection (2) of section
2 61.13, Florida Statutes, is amended, and paragraph (e) is
3 added to said subsection, to read:
4 61.13 Custody and support of children; visitation
5 rights; power of court in making orders.--
6 (2)
7 (b)1. The court shall determine all matters relating
8 to custody of each minor child of the parties in accordance
9 with the best interests of the child and in accordance with
10 the Uniform Child Custody Jurisdiction and Enforcement Act. It
11 is the public policy of this state to assure that each minor
12 child has frequent and continuing contact with both parents
13 after the parents separate or the marriage of the parties is
14 dissolved and to encourage parents to share the rights and
15 responsibilities, and joys, of childrearing. After considering
16 all relevant facts, the father of the child shall be given the
17 same consideration as the mother in determining the primary
18 residence of a child irrespective of the age or sex of the
19 child.
20 (e) When either parent materially violates a
21 visitation or custody order without proper cause or consent of
22 the other parent, in addition to any other remedies and
23 sanctions provided at law, the court may order the violating
24 party to post a bond or other security sufficient to provide
25 for economic damages to the other party for any future
26 violation. For purposes of this section, a material violation
27 of a visitation or custody order shall include failure of
28 either parent to provide care for a child during a time
29 designated in a court order for him or her to be responsible
30 for the child. However, when a party materially violates a
31 visitation or custody order by removing the child from this
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 state or country or by concealing the whereabouts of the
2 child, section 4. of this bill and not this subsection shall
3 apply.
4 1. This subsection does not apply when a parent who is
5 the victim of any act of domestic violence or who has
6 reasonable cause to believe he or she is about to become the
7 victim of any act of domestic violence, as defined in s.
8 741.28, takes action contrary to a visitation or custody order
9 based upon a good faith belief that such action was necessary
10 to preserve the child from danger to his or her welfare.
11 However, in order to gain the exemption conferred in this
12 subparagraph, the party claiming the exemption must within 10
13 days of the violation file with the court that issued the
14 visitation or custody order an affidavit setting out the facts
15 which are the basis for claiming the exemption.
16 2. Upon a future material violation of any custody or
17 visitation order entered under this section, the court may
18 order the bond or other security forfeited in whole or in
19 part. The proceeds of any bond or other security posted
20 pursuant to this subsection may be used to reimburse the
21 nonviolating party for actual costs or damages, including
22 without limitation the costs to locate and return the child,
23 reasonable attorney's fees and costs, and lost wages or child
24 care expenses.
25 3. The court must consider the party's financial
26 resources prior to setting the bond amount under this section.
27 Under no circumstances may the court set a bond that is
28 unreasonable.
29 4. Any deficiency of bond or security shall not
30 absolve the violating party of responsibility to pay the full
31 amount of damages determined by the court.
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 5. Any remaining proceeds shall be held as further
2 security if deemed necessary by the court, and if further
3 security is not found to be necessary; applied to any child
4 support arrears owed by the parent against whom the bond was
5 required, and if no arrears exists; all remaining proceeds
6 will be allocated by the court in the best interest of the
7 child.
8 6. At any time after the forfeiture of the bond or
9 other security, the party who posted the bond or other
10 security, or the court on its own motion may request that the
11 party provide documentation substantiating that the proceeds
12 received as a result of the forfeiture have been used solely
13 in accordance with this subsection. Any party using such
14 proceeds for purposes not in accordance with this section may
15 be found in contempt of court.
16 Section 4. (1) In a proceeding in which the court
17 enters an order of child custody or visitation, including in a
18 modification proceeding, upon the presentation of competent
19 substantial evidence that there is a risk that one party may
20 violate the court's order of visitation or custody by removing
21 a child from this state or country or by concealing the
22 whereabouts of a child, or upon stipulation of the parties,
23 the court may:
24 (a) Order that a parent may not remove the child from
25 this state without the notarized written permission of both
26 parents or further court order;
27 (b) Order that a parent may not remove the child from
28 this country without the notarized written permission of both
29 parents or further court order;
30 (c) Order that a parent may not take the child to a
31 country that has not ratified or acceded to the Hague
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 Convention on the Civil Aspects of International Child
2 Abduction unless the other parent agrees in writing that the
3 child may be taken to the country; or
4 (d) Require a parent to surrender the passport of the
5 child;
6 (e) Require that party to post bond or other security.
7 (2) If the court enters an order of child custody or
8 visitation, including in a modification proceeding, that
9 includes a provision entered under (b) or (c) a certified copy
10 of the order should be sent by the parent who requested the
11 restriction to the Passport Services Office of the U.S.
12 Department of State requesting that they not issue a passport
13 to the child without their signature or further court order.
14 (3) In assessing the need for a bond or other
15 security, the court may consider any reasonable factor bearing
16 upon the risk that a party may violate a visitation or custody
17 order by removing a child from this state or country or by
18 concealing the whereabouts of a child, including but not
19 limited to whether:
20 (a) A court has previously found that a party
21 previously removed a child from Florida or another state in
22 violation of a custody or visitation order, or whether a court
23 had found that a party has threatened to take a child out of
24 Florida or another state in violation of a custody or
25 visitation order;
26 (b) The party has strong family and community ties to
27 Florida or to other states or countries, including whether the
28 party or child is a citizen of another country;
29 (c) The party has strong financial reasons to remain
30 in Florida or to relocate to another state or country;
31 (d) The party has engaged in activities that suggest
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 plans to leave Florida, such as quitting employment; sale of a
2 residence or termination of a lease on a residence, without
3 efforts to acquire an alternative residence in the state;
4 closing bank accounts or otherwise liquidating assets; or
5 applying for a passport;
6 (e) Either party has had a history of domestic
7 violence as either a victim or perpetrator, child abuse or
8 child neglect evidenced by criminal history, including but not
9 limited to, arrest, an injunction for protection against
10 domestic violence issued after notice and hearing under s.
11 741.30, medical records, affidavits, or any other relevant
12 information; or
13 (f) The party has a criminal record.
14 (4) The court must consider the party's financial
15 resources prior to setting the bond amount under this section.
16 Under no circumstances may the court set a bond that is
17 unreasonable.
18 (5) Any deficiency of bond or security shall not
19 absolve the violating party of responsibility to pay the full
20 amount of damages determined by the court.
21 (6) Upon presentation of competent substantial
22 evidence that the party who posted the bond or other security
23 has materially violated a court order of visitation or custody
24 by removing the child from this state or country or by
25 concealing the whereabouts of the child, the court may order
26 the bond or other security forfeited in whole or in part.
27 This section does not apply when a parent who is the victim of
28 any act of domestic violence or who has reasonable cause to
29 believe he or she is about to become the victim of any act of
30 domestic violence, as defined in s. 741.28, seeks shelter from
31 such acts or possible acts and takes with him or her, or
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Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 conceals, any child 17 years of age or younger. However, in
2 order to gain the exemption conferred in this subparagraph,
3 the party claiming the exemption must comply with the
4 requirements set out in s. 787.03(6)(b), F.S.
5 (7) Upon an order of forfeiture, the proceeds of any
6 bond or other security posted pursuant to this subsection may
7 only be used to:
8 (a) Reimburse the nonviolating party for actual costs
9 or damages incurred in upholding the court's order of custody
10 or visitation.
11 (b) Locate and return the child to the residence as
12 set forth in the visitation or custody order.
13 (c) Reimburse reasonable fees and costs as determined
14 by the court.
15 (d) Any remaining proceeds shall be held as further
16 security if deemed necessary by the court, and if further
17 security is not found to be necessary; applied to any child
18 support arrears owed by the parent against whom the bond was
19 required, and if no arrears exists; all remaining proceeds
20 will be allocated by the court in the best interest of the
21 child.
22 (8) At any time after the forfeiture of the bond or
23 other security, the party who posted the bond or other
24 security, or the court on its own motion may request that the
25 party provide documentation substantiating that the proceeds
26 received as a result of the forfeiture have been used solely
27 in accordance with this subsection. Any party using such
28 proceeds for purposes not in accordance with this section may
29 be found in contempt of court.
30 Section 5. Sections 61.501 through 61.542, Florida
31 Statutes, are created to read:
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 61.501 Short title.--This part may be cited as the
2 "Uniform Child Custody Jurisdiction and Enforcement Act."
3 61.502 Purposes of part; construction of
4 provisions.--The general purposes of this part are to:
5 (1) Avoid jurisdictional competition and conflict with
6 courts of other states in matters of child custody which have
7 in the past resulted in the shifting of children from state to
8 state with harmful effects on their well-being.
9 (2) Promote cooperation with the courts of other
10 states to the end that a custody decree is rendered in the
11 state that can best decide the case in the interest of the
12 child.
13 (3) Discourage the use of the interstate system for
14 continuing controversies over child custody.
15 (4) Deter abductions.
16 (5) Avoid relitigating the custody decisions of other
17 states in this state.
18 (6) Facilitate the enforcement of custody decrees of
19 other states.
20 (7) Promote and expand the exchange of information and
21 other forms of mutual assistance between the courts of this
22 state and those of other states concerned with the same child.
23 (8) Make uniform the law with respect to the subject
24 of this part among the states enacting it.
25 61.503 Definitions.--As used in this part, the term:
26 (1) "Abandoned" means left without provision for
27 reasonable and necessary care or supervision.
28 (2) "Child" means an individual who has not attained
29 18 years of age.
30 (3) "Child custody determination" means a judgment,
31 decree, or other order of a court providing for the legal
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 custody, physical custody, residential care, or visitation
2 with respect to a child. The term includes a permanent,
3 temporary, initial, and modification order. The term does not
4 include an order relating to child support or other monetary
5 obligation of an individual.
6 (4) "Child custody proceeding" means a proceeding in
7 which legal custody, physical custody, residential care or
8 visitation with respect to a child is an issue. The term
9 includes a proceeding for divorce, separation, neglect, abuse,
10 dependency, guardianship, paternity, termination of parental
11 rights, and protection from domestic violence, in which the
12 issue may appear. The term does not include a proceeding
13 involving juvenile delinquency, contractual emancipation, or
14 enforcement under ss. 61.524-61.540.
15 (5) "Commencement" means the filing of the first
16 pleading in a proceeding.
17 (6) "Court" means an entity authorized under the laws
18 of a state to establish, enforce, or modify a child custody
19 determination.
20 (7) "Home state" means the state in which a child
21 lived with a parent or a person acting as a parent for at
22 least 6 consecutive months immediately before the commencement
23 of a child custody proceeding. In the case of a child younger
24 than 6 months of age, the term means the state in which the
25 child lived from birth with any of the persons mentioned. A
26 period of temporary absence of any of the mentioned persons is
27 part of the period.
28 (8) "Initial determination" means the first child
29 custody determination concerning a particular child.
30 (9) "Issuing court" means the court that makes a child
31 custody determination for which enforcement is sought under
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 this part.
2 (10) "Issuing state" means the state in which a child
3 custody determination is made.
4 (11) "Modification" means a child custody
5 determination that changes, replaces, supersedes, or is
6 otherwise made after a previous determination concerning the
7 same child, regardless of whether it is made by the court that
8 made the previous determination.
9 (12) "Person" means an individual, corporation,
10 business trust, estate, trust, partnership, limited liability
11 company, association, joint venture, or government;
12 governmental subdivision, agency, instrumentality, or public
13 corporation; or any other legal or commercial entity.
14 (13) "Person acting as a parent" means a person, other
15 than a parent, who:
16 (a) Has physical custody of the child or has had
17 physical custody for a period of 6 consecutive months,
18 including any temporary absence, within 1 year immediately
19 before the commencement of a child custody proceeding; and
20 (b) Has been awarded a child-custody determination by
21 a court or claims a right to a child-custody determination
22 under the laws of this state.
23 (14) "Physical custody" means the physical care and
24 supervision of a child.
25 (15) "State" means a state of the United States, the
26 District of Columbia, Puerto Rico, the United States Virgin
27 Islands, or any territory or insular possession subject to the
28 jurisdiction of the United States.
29 (16) "Tribe" means an Indian tribe, or band, or
30 Alaskan Native village that is recognized by federal law or
31 formally acknowledged by a state.
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 (17) "Warrant" means an order issued by a court
2 authorizing law enforcement officers to take physical custody
3 of a child.
4 61.504 Proceedings governed by other law.--This part
5 does not govern a proceeding pertaining to the authorization
6 of emergency medical care for a child.
7 61.505 Application to Indian tribes.--
8 (1) A child custody proceeding that pertains to an
9 Indian child, as defined in the Indian Child Welfare Act, 25
10 U.S.C. s. 1901 et seq., is not subject to this part to the
11 extent that it is governed by the Indian Child Welfare Act.
12 (2) A court of this state shall treat a tribe as if it
13 were a state of the United States for purposes of applying ss.
14 61.501-61.523.
15 (3) A child custody determination made by a tribe
16 under factual circumstances in substantial conformity with the
17 jurisdictional standards of this part must be recognized and
18 enforced under ss. 61.524-61.540.
19 61.506 International application of part.--
20 (1) A court of this state shall treat a foreign
21 country as if it were a state of the United States for
22 purposes of applying ss. 61.501-61.523.
23 (2) Except as otherwise provided in subsection (3), a
24 child custody determination made in a foreign country under
25 factual circumstances in substantial conformity with the
26 jurisdictional standards of this part must be recognized and
27 enforced under ss. 61.524-61.540.
28 (3) A court of this state need not apply this part if
29 the child custody law of a foreign country violates
30 fundamental principles of human rights.
31 61.507 Effect of child custody determination.--A child
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 custody determination made by a court of this state which had
2 jurisdiction under this part binds all persons who have been
3 served in accordance with the laws of this state or notified
4 in accordance with s. 61.509 or who have submitted to the
5 jurisdiction of the court, and who have been given an
6 opportunity to be heard. As to those persons, the
7 determination is conclusive as to all decided issues of law
8 and fact except to the extent the determination is modified.
9 61.508 Priority.--If a question of existence or
10 exercise of jurisdiction under this part is raised in a child
11 custody proceeding, the question, upon request of a party,
12 must be given priority on the calendar and handled
13 expeditiously.
14 61.509 Notice to persons outside the state.--
15 (1) Notice required for the exercise of jurisdiction
16 when a person is outside this state may be given in a manner
17 prescribed by the laws of the state in which the service is
18 made. Notice must be given in a manner reasonably calculated
19 to give actual notice, but may be made by publication if other
20 means are not effective.
21 (2) Proof of service may be made in the manner
22 prescribed by the laws of the state in which the service is
23 made.
24 (3) Notice is not required for the exercise of
25 jurisdiction with respect to a person who submits to the
26 jurisdiction of the court.
27 61.510 Appearance and limited immunity.--
28 (1) A party to a child custody proceeding, including a
29 modification proceeding, or a petitioner or respondent in a
30 proceeding to enforce or register a child custody
31 determination, is not subject to personal jurisdiction in this
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 state for another proceeding or purpose solely by reason of
2 having participated, or of having been physically present for
3 the purpose of participating, in the proceeding.
4 (2) A person who is subject to personal jurisdiction
5 in this state on a basis other than physical presence is not
6 immune from service of process in this state. A party present
7 in this state who is subject to the jurisdiction of another
8 state is not immune from service of process allowable under
9 the laws of that state.
10 (3) The immunity granted by subsection (1) does not
11 extend to civil litigation based on an act unrelated to the
12 participation in a proceeding under this part which was
13 committed by an individual while present in this state.
14 61.511 Communication between courts.--
15 (1) A court of this state may communicate with a court
16 in another state concerning a proceeding arising under this
17 part.
18 (2) The court shall allow the parties to participate
19 in the communication. If the parties elect to participate in
20 the communication, they must be given the opportunity to
21 present facts and legal arguments before a decision on
22 jurisdiction is made.
23 (3) Communication between courts on schedules,
24 calendars, court records, and similar matters may occur
25 without informing the parties. A record need not be made of
26 the communication.
27 (4) Except as otherwise provided in subsection (3), a
28 record must be made of a communication under this section. The
29 parties must be informed promptly of the communication and
30 granted access to the record.
31 (5) For purposes of this section, the term "record"
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Amendment No. 01 (for drafter's use only)
1 means a form of information, including, but not limited to, an
2 electronic recording or transcription by a court reporter
3 which creates a verbatim memorialization of any communication
4 between two or more individuals or entities.
5 61.512 Taking testimony in another state.--
6 (1) In addition to other procedures available to a
7 party, a party to a child custody proceeding may offer
8 testimony of witnesses who are located in another state,
9 including testimony of the parties and the child, by
10 deposition or other means available in this state for
11 testimony taken in another state. The court on its own motion
12 may order that the testimony of a person be taken in another
13 state and may prescribe the manner in which and the terms upon
14 which the testimony is taken.
15 (2) Upon agreement of the parties, a court of this
16 state may permit an individual residing in another state to be
17 deposed or to testify by telephone, audiovisual means, or
18 other electronic means before a designated court or at another
19 location in that state. A court of this state shall cooperate
20 with courts of other states in designating an appropriate
21 location for the deposition or testimony.
22 (3) Documentary evidence transmitted from another
23 state to a court of this state by technological means that
24 does not produce an original writing may not be excluded from
25 evidence on an objection based on the means of transmission.
26 61.513 Cooperation between courts; preservation of
27 records.--
28 (1) A court of this state may request the appropriate
29 court of another state to:
30 (a) Hold an evidentiary hearing;
31 (b) Order a person to produce or give evidence
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HOUSE AMENDMENT
Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 pursuant to the laws of that state;
2 (c) Order that an evaluation be made with respect to
3 the custody of a child involved in a pending proceeding
4 pursuant to the laws of the state where the proceeding is
5 pending;
6 (d) Forward to the court of this state a certified
7 copy of the transcript of the record of the hearing, the
8 evidence otherwise presented, and any evaluation prepared in
9 compliance with the request; or
10 (e) Order a party to a child custody proceeding or any
11 person having physical custody of the child to appear in the
12 proceeding with or without the child.
13 (2) Upon request of a court of another state, a court
14 of this state may hold a hearing or enter an order described
15 in subsection (1).
16 (3) Travel and other necessary and reasonable expenses
17 incurred under subsections (1) and (2) may be assessed against
18 the parties according to the laws of this state if the court
19 has personal jurisdiction over the party against whom these
20 expenses are being assessed.
21 (4) A court of this state shall preserve the
22 pleadings, orders, decrees, records of hearings, evaluations,
23 and other pertinent records with respect to a child custody
24 proceeding until the child attains 18 years of age. Upon
25 appropriate request by a court or law enforcement official of
26 another state, the court shall forward a certified copy of
27 these records.
28 61.514 Initial child custody jurisdiction.--
29 (1) Except as otherwise provided in s. 61.517, a court
30 of this state has jurisdiction to make an initial child
31 custody determination only if:
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Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 (a) This state is the home state of the child on the
2 date of the commencement of the proceeding, or was the home
3 state of the child within 6 months before the commencement of
4 the proceeding and the child is absent from this state but a
5 parent or person acting as a parent continues to live in this
6 state;
7 (b) A court of another state does not have
8 jurisdiction under paragraph (a), or a court of the home state
9 of the child has declined to exercise jurisdiction on the
10 grounds that this state is the more appropriate forum under s.
11 61.520 or s. 61.521, and:
12 1. The child and the child's parents, or the child and
13 at least one parent or a person acting as a parent, have a
14 significant connection with this state other than mere
15 physical presence; and
16 2. Substantial evidence is available in this state
17 concerning the child's care, protection, training, and
18 personal relationships;
19 (c) All courts having jurisdiction under paragraph (a)
20 or paragraph (b) have declined to exercise jurisdiction on the
21 grounds that a court of this state is the more appropriate
22 forum to determine the custody of the child under s. 61.520 or
23 s. 61.521; or
24 (d) No court of any other state would have
25 jurisdiction under the criteria specified in paragraph (a),
26 paragraph (b), or paragraph (c).
27 (2) Subsection (1) is the exclusive jurisdictional
28 basis for making a child custody determination by a court of
29 this state.
30 (3) Physical presence of, or personal jurisdiction
31 over, a party or a child is not necessary or sufficient to
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Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 make a child custody determination.
2 61.515 Exclusive, continuing jurisdiction.--
3 (1) Except as otherwise provided in s. 61.517, a court
4 of this state which has made a child custody determination
5 consistent with s. 61.514 or s. 61.516 has exclusive,
6 continuing jurisdiction over the determination until:
7 (a) A court of this state determines that the child,
8 the child's parents, and any person acting as a parent does
9 not have a significant connection with this state and that
10 substantial evidence is no longer available in this state
11 concerning the child's care, protection, training, and
12 personal relationships; or
13 (b) A court of this state or a court of another state
14 determines that the child, the child's parent, and any person
15 acting as a parent does not presently reside in this state.
16 (2) A court of this state which has made a child
17 custody determination and does not have exclusive, continuing
18 jurisdiction under this section may modify that determination
19 only if it has jurisdiction to make an initial determination
20 under s. 61.514.
21 61.516 Jurisdiction to modify a determination.--Except
22 as otherwise provided in s. 61.517, a court of this state may
23 not modify a child custody determination made by a court of
24 another state unless a court of this state has jurisdiction to
25 make an initial determination under s. 61.514(1)(a) or s.
26 61.514(1)(b) and:
27 (1) The court of the other state determines it no
28 longer has exclusive, continuing jurisdiction under s. 61.515
29 or that a court of this state would be a more convenient forum
30 under s. 61.520; or
31 (2) A court of this state or a court of the other
18
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Amendment No. 01 (for drafter's use only)
1 state determines that the child, the child's parents, and any
2 person acting as a parent does not presently reside in the
3 other state.
4 61.517 Temporary emergency jurisdiction.--
5 (1) A court of this state has temporary emergency
6 jurisdiction if the child is present in this state and the
7 child has been abandoned or it is necessary in an emergency to
8 protect the child because the child, or a sibling or parent of
9 the child, is subjected to or threatened with mistreatment or
10 abuse.
11 (2) If there is no previous child custody
12 determination that is entitled to be enforced under this part,
13 and a child custody proceeding has not been commenced in a
14 court of a state having jurisdiction under ss. 61.514-61.616,
15 a child custody determination made under this section remains
16 in effect until an order is obtained from a court of a state
17 having jurisdiction under ss. 61.514-61.516. If a child
18 custody proceeding has not been or is not commenced in a court
19 of a state having jurisdiction under ss. 61.514-61.516, a
20 child custody determination made under this section becomes a
21 final determination if it so provides and this state becomes
22 the home state of the child.
23 (3) If there is a previous child custody determination
24 that is entitled to be enforced under this part, or a child
25 custody proceeding has been commenced in a court of a state
26 having jurisdiction under ss. 61.514-61.516, any order issued
27 by a court of this state under this section must specify in
28 the order a period that the court considers adequate to allow
29 the person seeking an order to obtain an order from the state
30 having jurisdiction under ss. 61.514-61.516. The order issued
31 in this state remains in effect until an order is obtained
19
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Amendment No. 01 (for drafter's use only)
1 from the other state within the period specified or the period
2 expires.
3 (4) A court of this state which has been asked to make
4 a child custody determination under this section, upon being
5 informed that a child custody proceeding has been commenced
6 in, or a child custody determination has been made by, a court
7 of a state having jurisdiction under ss. 61.514-61.516, shall
8 immediately communicate with the other court. A court of this
9 state which is exercising jurisdiction under ss.
10 61.514-61.516, upon being informed that a child custody
11 proceeding has been commenced in, or a child custody
12 determination has been made by, a court of another state under
13 a statute similar to this section shall immediately
14 communicate with the court of that state to resolve the
15 emergency, protect the safety of the parties and the child,
16 and determine a period for the duration of the temporary
17 order.
18 61.518 Notice; opportunity to be heard; joinder.--
19 (1) Before a child custody determination is made under
20 this part, notice and an opportunity to be heard in accordance
21 with the standards of s. 61.509 must be given to all persons
22 entitled to notice under the laws of this state as in child
23 custody proceedings between residents of this state, any
24 parent whose parental rights have not been previously
25 terminated, and any person acting as a parent.
26 (2) This part does not govern the enforceability of a
27 child custody determination made without notice or an
28 opportunity to be heard.
29 (3) The obligation to join a party and the right to
30 intervene as a party in a child custody proceeding under this
31 part are governed by the laws of this state as in child
20
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Amendment No. 01 (for drafter's use only)
1 custody proceedings between residents of this state.
2 61.519 Simultaneous proceedings.--
3 (1) Except as otherwise provided in s. 61.517, a court
4 of this state may not exercise its jurisdiction under ss.
5 61.514-61.524 if, at the time of the commencement of the
6 proceeding, a proceeding concerning the custody of the child
7 had been commenced in a court of another state having
8 jurisdiction substantially in conformity with this part,
9 unless the proceeding has been terminated or is stayed by the
10 court of the other state because a court of this state is a
11 more convenient forum under s. 61.520.
12 (2) Except as otherwise provided in s. 61.517, a court
13 of this state, before hearing a child custody proceeding,
14 shall examine the court documents and other information
15 supplied by the parties pursuant to s. 61.522. If the court
16 determines that a child custody proceeding was previously
17 commenced in a court in another state having jurisdiction
18 substantially in accordance with this part, the court of this
19 state shall stay its proceeding and communicate with the court
20 of the other state. If the court of the state having
21 jurisdiction substantially in accordance with this part does
22 not determine that the court of this state is a more
23 appropriate forum, the court of this state shall dismiss the
24 proceeding.
25 (3) In a proceeding to modify a child custody
26 determination, a court of this state shall determine whether a
27 proceeding to enforce the determination has been commenced in
28 another state. If a proceeding to enforce a child custody
29 determination has been commenced in another state, the court
30 may:
31 (a) Stay the proceeding for modification pending the
21
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Amendment No. 01 (for drafter's use only)
1 entry of an order of a court of the other state enforcing,
2 staying, denying, or dismissing the proceeding for
3 enforcement;
4 (b) Enjoin the parties from continuing with the
5 proceeding for enforcement; or
6 (c) Proceed with the modification under conditions it
7 considers appropriate.
8 61.520 Inconvenient forum.--
9 (1) A court of this state which has jurisdiction under
10 this part to make a child custody determination may decline to
11 exercise its jurisdiction at any time if it determines that it
12 is an inconvenient forum under the circumstances and that a
13 court of another state is a more appropriate forum. The issue
14 of inconvenient forum may be raised upon motion of a party,
15 the court's own motion, or request of another court.
16 (2) Before determining whether it is an inconvenient
17 forum, a court of this state shall consider whether it is
18 appropriate for a court of another state to exercise
19 jurisdiction. For this purpose, the court shall allow the
20 parties to submit information and shall consider all relevant
21 factors, including:
22 (a) Whether domestic violence has occurred and is
23 likely to continue in the future and which state could best
24 protect the parties and the child;
25 (b) The length of time the child has resided outside
26 this state;
27 (c) The distance between the court in this state and
28 the court in the state that would assume jurisdiction;
29 (d) The relative financial circumstances of the
30 parties;
31 (e) Any agreement of the parties as to which state
22
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Amendment No. 01 (for drafter's use only)
1 should assume jurisdiction;
2 (f) The nature and location of the evidence required
3 to resolve the pending litigation, including testimony of the
4 child;
5 (g) The ability of the court of each state to decide
6 the issue expeditiously and the procedures necessary to
7 present the evidence; and
8 (h) The familiarity of the court of each state with
9 the facts and issues in the pending litigation.
10 (3) If a court of this state determines that it is an
11 inconvenient forum and that a court of another state is a more
12 appropriate forum, it shall stay the proceedings upon
13 condition that a child custody proceeding be promptly
14 commenced in another designated state and may impose any other
15 condition the court considers just and proper.
16 (4) A court of this state may decline to exercise its
17 jurisdiction under this part if a child custody determination
18 is incidental to an action for divorce or another proceeding
19 while still retaining jurisdiction over the divorce or other
20 proceeding.
21 61.521 Jurisdiction declined by reason of conduct.--
22 (1) Except as otherwise provided in s. 61.517 or by
23 other law of this state, if a court of this state has
24 jurisdiction under this part because a person seeking to
25 invoke its jurisdiction has engaged in unjustifiable conduct,
26 the court shall decline to exercise its jurisdiction unless:
27 (a) The parents and all persons acting as parents have
28 acquiesced in the exercise of jurisdiction;
29 (b) A court of the state otherwise having jurisdiction
30 under ss. 61.514-61.516 determines that this state is a more
31 appropriate forum under s. 61.520; or
23
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Amendment No. 01 (for drafter's use only)
1 (c) No court of any other state would have
2 jurisdiction under the criteria specified in ss.
3 61.514-61.516.
4 (2) If a court of this state declines to exercise its
5 jurisdiction under subsection (1), it may fashion an
6 appropriate remedy to ensure the safety of the child and
7 prevent a repetition of the unjustifiable conduct, including
8 staying the proceeding until a child custody proceeding is
9 commenced in a court having jurisdiction under ss.
10 61.514-61.516.
11 (3) If a court dismisses a petition or stays a
12 proceeding because it declines to exercise its jurisdiction
13 under subsection (1), it shall assess against the party
14 seeking to invoke its jurisdiction necessary and reasonable
15 expenses, including costs, communication expenses, attorney's
16 fees, investigative fees, expenses for witnesses, travel
17 expenses, and expenses for child care during the course of the
18 proceedings, unless the party from whom fees are sought
19 establishes that the assessment would be clearly
20 inappropriate. The court may not assess fees, costs, or
21 expenses against this state unless authorized by law other
22 than this part.
23 61.522 Information to be submitted to the court.--
24 (1) Subject to Florida law providing for the
25 confidentiality of procedures, addresses, and other
26 identifying information in a child custody proceeding, each
27 party, in its first pleading or in an attached affidavit,
28 shall give information, if reasonably ascertainable, under
29 oath as to the child's present address or whereabouts, the
30 places where the child has lived during the last 5 years, and
31 the names and present addresses of the persons with whom the
24
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Amendment No. 01 (for drafter's use only)
1 child has lived during that period. The pleading or affidavit
2 must state whether the party:
3 (a) Has participated, as a party or witness or in any
4 other capacity, in any other proceeding concerning the custody
5 of or visitation with the child and, if so, identify the
6 court, the case number, and the date of the child custody
7 determination, if any;
8 (b) Knows of any proceeding that could affect the
9 current proceeding, including proceedings for enforcement and
10 proceedings relating to domestic violence, protective orders,
11 termination of parental rights, and adoptions and, if so,
12 identify the court, the case number, and the nature of the
13 proceeding; and
14 (c) Knows the names and addresses of any person not a
15 party to the proceeding who has physical custody of the child
16 or claims rights of legal custody or physical custody of, or
17 visitation with, the child and, if so, the names and addresses
18 of those persons.
19 (2) If the information required by subsection (1) is
20 not furnished, the court, upon motion of a party or its own
21 motion, may stay the proceeding until the information is
22 furnished.
23 (3) If the declaration as to any of the items
24 described in paragraphs (1)(a)-(c) is in the affirmative, the
25 declarant shall give additional information under oath as
26 required by the court. The court may examine the parties under
27 oath as to details of the information furnished and other
28 matters pertinent to the court's jurisdiction and the
29 disposition of the case.
30 (4) Each party has a continuing duty to inform the
31 court of any proceeding in this or any other state which could
25
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Amendment No. 01 (for drafter's use only)
1 affect the current proceeding.
2 61.523 Appearance of parties and child.--
3 (1) In a child custody proceeding in this state, the
4 court may order a party to the proceeding who is in this state
5 to appear before the court in person with or without the
6 child. The court may order any person who is in this state and
7 who has physical custody or control of the child to appear in
8 person with the child.
9 (2) If a party to a child custody proceeding whose
10 presence is desired by the court is outside this state, the
11 court may order that a notice given pursuant to s. 61.509
12 include a statement directing the party to appear in person
13 with or without the child and informing the party that failure
14 to appear may result in a decision adverse to the party.
15 (3) The court may enter any orders necessary to ensure
16 the safety of the child and of any person ordered to appear
17 under this section.
18 (4) If a party to a child custody proceeding who is
19 outside this state is directed to appear under subsection (2)
20 or desires to appear in person before the court with or
21 without the child, the court may require another party to pay
22 reasonable and necessary travel and other expenses of the
23 party so appearing and of the child.
24 61.524 Definitions.--As used in ss. 61.524-61.540, the
25 term:
26 (1) "Petitioner" means a person who seeks enforcement
27 of an order for return of a child under the Hague Convention
28 on the Civil Aspects of International Child Abduction or
29 enforcement of a child custody determination.
30 (2) "Respondent" means a person against whom a
31 proceeding has been commenced for enforcement of an order for
26
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Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 return of a child under the Hague Convention on the Civil
2 Aspects of International Child Abduction or enforcement of a
3 child custody determination.
4 61.525 Enforcement under the Hague Convention.--Under
5 this part, a court of this state may enforce an order for the
6 return of a child made under the Hague Convention on the Civil
7 Aspects of International Child Abduction as if it were a child
8 custody determination.
9 61.526 Duty to enforce.--
10 (1) A court of this state shall recognize and enforce
11 a child custody determination of a court of another state if
12 the latter court exercised jurisdiction in substantial
13 conformity with this part or the determination was made under
14 factual circumstances meeting the jurisdictional standards of
15 this part and the determination has not been modified in
16 accordance with this part.
17 (2) A court of this state may use any remedy available
18 under other laws of this state to enforce a child custody
19 determination made by a court of another state. The remedies
20 provided by ss. 61.524-61.540 are cumulative and do not affect
21 the availability of other remedies to enforce a child custody
22 determination.
23 61.527 Temporary visitation.--
24 (1) A court of this state which does not have
25 jurisdiction to modify a child custody determination may issue
26 a temporary order enforcing:
27 (a) A visitation schedule made by a court of another
28 state; or
29 (b) The visitation provisions of a child custody
30 determination of another state which does not provide for a
31 specific visitation schedule.
27
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Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 (2) If a court of this state makes an order under
2 paragraph (1)(b), it shall specify in the order a period that
3 it considers adequate to allow the petitioner to obtain an
4 order from a court having jurisdiction under the criteria
5 specified in ss. 61.514-61.523. The order remains in effect
6 until an order is obtained from the other court or the period
7 expires.
8 61.528 Registration of child custody determination.--
9 (1) A child custody determination issued by a court of
10 another state may be registered in this state, with or without
11 a simultaneous request for enforcement, by sending to the
12 circuit court of the county where the petitioner or respondent
13 resides or where a simultaneous request for enforcement is
14 sought:
15 (a) A letter or other document requesting
16 registration;
17 (b) Two copies, including one certified copy, of the
18 determination sought to be registered and a statement under
19 penalty of perjury that, to the best of the knowledge and
20 belief of the person seeking registration, the order has not
21 been modified; and
22 (c) Except as otherwise provided in s. 61.522, the
23 name and address of the person seeking registration and any
24 parent or person acting as a parent who has been awarded
25 custody or visitation in the child custody determination
26 sought to be registered.
27 (2) On receipt of the documents required by subsection
28 (1), the registering court shall:
29 (a) Cause the determination to be filed as a foreign
30 judgment, together with one copy of any accompanying documents
31 and information, regardless of their form; and
28
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Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 (b) Serve notice upon the persons named pursuant to
2 paragraph (1)(c) and provide them with an opportunity to
3 contest the registration in accordance with this section.
4 (3) The notice required by paragraph (2)(b) must state
5 that:
6 (a) A registered determination is enforceable as of
7 the date of the registration in the same manner as a
8 determination issued by a court of this state;
9 (b) A hearing to contest the validity of the
10 registered determination must be requested within 20 days
11 after service of notice; and
12 (c) Failure to contest the registration will result in
13 confirmation of the child custody determination and preclude
14 further contest of that determination with respect to any
15 matter that could have been asserted.
16 (4) A person seeking to contest the validity of a
17 registered order must request a hearing within 20 days after
18 service of the notice. At that hearing, the court shall
19 confirm the registered order unless the person contesting
20 registration establishes that:
21 (a) The issuing court did not have jurisdiction under
22 ss. 61.514-61.523;
23 (b) The child custody determination sought to be
24 registered has been vacated, stayed, or modified by a court
25 having jurisdiction to do so under ss. 61.514-61.523; or
26 (c) The person contesting registration was entitled to
27 notice, but notice was not given in accordance with the
28 standards of s. 61.509 in the proceedings before the court
29 that issued the order for which registration is sought.
30 (5) If a timely request for a hearing to contest the
31 validity of the registration is not made, the registration is
29
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Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 confirmed as a matter of law and the person requesting
2 registration and all persons served must be notified of the
3 confirmation.
4 (6) Confirmation of a registered order, whether by
5 operation of law or after notice and hearing, precludes
6 further contest of the order with respect to any matter that
7 could have been asserted at the time of registration.
8 61.529 Enforcement of registered determination.--
9 (1) A court of this state may grant any relief
10 normally available under the laws of this state to enforce a
11 registered child custody determination made by a court of
12 another state.
13 (2) A court of this state shall recognize and enforce
14 but may not modify, except in accordance with ss.
15 61.514-61.523, a registered child custody determination of
16 another state.
17 61.530 Simultaneous proceedings.--If a proceeding for
18 enforcement under ss. 61.524-61.540 is commenced in a court of
19 this state and the court determines that a proceeding to
20 modify the determination is pending in a court of another
21 state having jurisdiction to modify the determination under
22 ss. 61.514-61.523, the enforcing court shall immediately
23 communicate with the modifying court. The proceeding for
24 enforcement continues unless the enforcing court, after
25 consultation with the modifying court, stays or dismisses the
26 proceeding.
27 61.531 Expedited enforcement of child custody
28 determination.--
29 (1) A petition under ss. 61.524-61.540 must be
30 verified. Certified copies of all orders sought to be enforced
31 and of any order confirming registration must be attached to
30
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Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 the petition. A copy of a certified copy of an order may be
2 attached instead of the original.
3 (2) A petition for enforcement of a child custody
4 determination must state:
5 (a) Whether the court that issued the determination
6 identified the jurisdictional basis it relied upon in
7 exercising jurisdiction and, if so, specify the basis;
8 (b) Whether the determination for which enforcement is
9 sought has been vacated, stayed, or modified by a court whose
10 decision must be enforced under this part and, if so, identify
11 the court, the case number, and the nature of the proceeding;
12 (c) Whether any proceeding has been commenced that
13 could affect the current proceeding, including proceedings
14 relating to domestic violence, protective orders, termination
15 of parental rights, and adoptions and, if so, identify the
16 court, the case number, and the nature of the proceeding;
17 (d) The present physical address of the child and the
18 respondent, if known;
19 (e) Whether relief in addition to the immediate
20 physical custody of the child and attorney's fees is sought,
21 including a request for assistance from law enforcement
22 officers and, if so, the relief sought; and
23 (f) If the child custody determination has been
24 registered and confirmed under s. 61.528, the date and place
25 of registration.
26 (3) Upon the filing of a petition, the court shall
27 issue an order directing the respondent to appear in person
28 with or without the child at a hearing and may enter any order
29 necessary to ensure the safety of the parties and the child.
30 The hearing must be held on the next judicial day after
31 service of the order unless that date is impossible. In that
31
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Amendment No. 01 (for drafter's use only)
1 event, the court shall hold the hearing on the first judicial
2 day possible. The court may extend the date of the hearing at
3 the request of the petitioner.
4 (4) An order issued under subsection (3) must state
5 the time and place of the hearing and advise the respondent
6 that at the hearing the court will order that the petitioner
7 may take immediate physical custody of the child and the
8 payment of fees, costs, and expenses under s. 61.535 and may
9 schedule a hearing to determine whether further relief is
10 appropriate, unless the respondent appears and establishes
11 that:
12 (a) The child custody determination has not been
13 registered and confirmed under s. 61.528 and that:
14 1. The issuing court did not have jurisdiction under
15 ss. 61.514-61.523;
16 2. The child custody determination for which
17 enforcement is sought has been vacated, stayed, or modified by
18 a court of a state having jurisdiction to do so under ss.
19 61.514-61.523; or
20 3. The respondent was entitled to notice, but notice
21 was not given in accordance with the standards of s. 61.509 in
22 the proceedings before the court that issued the order for
23 which enforcement is sought; or
24 (b) The child custody determination for which
25 enforcement is sought was registered and confirmed under s.
26 61.528, but has been vacated, stayed, or modified by a court
27 of a state having jurisdiction to do so under ss.
28 61.514-61.523.
29 61.532 Service of petition and order.--Except as
30 otherwise provided in s. 61.534, the petition and order must
31 be served by any method authorized by the laws of this state
32
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Amendment No. 01 (for drafter's use only)
1 upon the respondent and any person who has physical custody of
2 the child.
3 61.533 Hearing and order.--
4 (1) Unless the court enters a temporary emergency
5 order under s. 61.517, upon a finding that a petitioner is
6 entitled to immediate physical custody of the child, the court
7 shall order that the petitioner may take immediate physical
8 custody of the child unless the respondent establishes that:
9 (a) The child custody determination has not been
10 registered and confirmed under s. 61.528 and that:
11 1. The issuing court did not have jurisdiction under
12 ss. 61.514-61.523;
13 2. The child custody determination for which
14 enforcement is sought has been vacated, stayed, or modified by
15 a court of a state having jurisdiction to do so under ss.
16 61.514-61.523; or
17 3. The respondent was entitled to notice, but notice
18 was not given in accordance with the standards of s. 61.509 in
19 the proceedings before the court that issued the order for
20 which enforcement is sought; or
21 (b) The child custody determination for which
22 enforcement is sought was registered and confirmed under s.
23 61.528, but has been vacated, stayed, or modified by a court
24 of a state having jurisdiction to do so under ss.
25 61.514-61.523.
26 (2) The court shall award the fees, costs, and
27 expenses authorized under s. 61.535 and may grant additional
28 relief, including a request for the assistance of law
29 enforcement officers, and set a further hearing to determine
30 whether additional relief is appropriate.
31 (3) If a party called to testify refuses to answer on
33
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Amendment No. 01 (for drafter's use only)
1 the ground that the testimony may be self-incriminating, the
2 court may draw an adverse inference from the refusal.
3 (4) A privilege against disclosure of communications
4 between spouses and a defense of immunity based on the
5 relationship of husband and wife or parent and child may not
6 be invoked in a proceeding under ss. 61.524-61.540.
7 61.534 Warrant to take physical custody of child.--
8 (1) Upon the filing of a petition seeking enforcement
9 of a child custody determination, the petitioner may file a
10 verified application for the issuance of a warrant to take
11 physical custody of the child if the child is likely to
12 imminently suffer serious physical harm or removal from this
13 state.
14 (2) If the court, upon the testimony of the petitioner
15 or other witness, finds that the child is likely to imminently
16 suffer serious physical harm or removal from this state, it
17 may issue a warrant to take physical custody of the child. The
18 petition must be heard on the next judicial day after the
19 warrant is executed unless that date is impossible. In that
20 event, the court shall hold the hearing on the first judicial
21 day possible. The application for the warrant must include the
22 statements required by s. 61.531(2).
23 (3) A warrant to take physical custody of a child
24 must:
25 (a) Recite the facts upon which a conclusion of
26 imminent serious physical harm or removal from the
27 jurisdiction is based;
28 (b) Direct law enforcement officers to take physical
29 custody of the child immediately; and
30 (c) Provide for the placement of the child pending
31 final relief.
34
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Amendment No. 01 (for drafter's use only)
1 (4) The respondent must be served with the petition,
2 warrant, and order immediately after the child is taken into
3 physical custody.
4 (5) A warrant to take physical custody of a child is
5 enforceable throughout this state. If the court finds on the
6 basis of the testimony of the petitioner or other witness that
7 a less intrusive remedy is not effective, it may authorize law
8 enforcement officers to enter private property to take
9 physical custody of the child. If required by exigent
10 circumstances of the case, the court may authorize law
11 enforcement officers to make a forcible entry at any hour.
12 (6) The court may impose conditions upon placement of
13 a child to ensure the appearance of the child and the child's
14 custodian.
15 61.535 Costs, fees, and expenses.--
16 (1) So long as the court has personal jurisdiction
17 over the party against whom the expenses are being assessed,
18 the court shall award the prevailing party, including a state,
19 necessary and reasonable expenses incurred by or on behalf of
20 the party, including costs, communication expenses, attorney's
21 fees, investigative fees, expenses for witnesses, travel
22 expenses, and expenses for child care during the course of the
23 proceedings, unless the party from whom fees or expenses are
24 sought establishes that the award would be clearly
25 inappropriate.
26 (2) The court may not assess fees, costs, or expenses
27 against a state unless authorized by law other than this part.
28 61.536 Recognition and enforcement.--A court of this
29 state shall accord full faith and credit to an order issued by
30 another state and consistent with this part which enforces a
31 child custody determination by a court of another state unless
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Amendment No. 01 (for drafter's use only)
1 the order has been vacated, stayed, or modified by a court
2 having jurisdiction to do so under ss. 61.514-61.523.
3 61.537 Appeals.--An appeal may be taken from a final
4 order in a proceeding under ss. 61.524-61.640 in accordance
5 with expedited appellate procedures in other civil cases.
6 Unless the court enters a temporary emergency order under s.
7 61.517, the enforcing court may not stay an order enforcing a
8 child custody determination pending appeal.
9 61.538 Role of state attorney.--
10 (1) In a case arising under this part or involving the
11 Hague Convention on the Civil Aspects of International Child
12 Abduction, the state attorney may take any lawful action,
13 including resort to a proceeding under ss. 61.524-61.540 or
14 any other available civil proceeding, to locate a child,
15 obtain the return of a child, or enforce a child custody
16 determination, if there is:
17 (a) An existing child custody determination;
18 (b) A request to do so from a court in a pending child
19 custody proceeding;
20 (c) A reasonable belief that a criminal statute has
21 been violated; or
22 (d) A reasonable belief that the child has been
23 wrongfully removed or retained in violation of the Hague
24 Convention on the Civil Aspects of International Child
25 Abduction.
26 (2) A state attorney acting under this section acts on
27 behalf of the court and may not represent any party.
28 61.539 Role of law enforcement officers.--At the
29 request of a state attorney acting under s. 61.538, a law
30 enforcement officer may take any lawful action reasonably
31 necessary to locate a child or a party and assist a state
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Amendment No. 01 (for drafter's use only)
1 attorney with responsibilities under s. 61.538.
2 61.540 Costs and expenses.--The court may assess
3 against the nonprevailing party all direct expenses and costs
4 incurred by the state attorney and law enforcement officers
5 under s. 61.538 or s. 61.539 so long as the court has personal
6 jurisdiction over the nonprevailing party.
7 61.541 Application and construction.--In applying and
8 construing this part, consideration must be given to the need
9 to promote uniformity of the law with respect to its subject
10 matter among states that enact it.
11 61.542 Transitional provision.--A motion or other
12 request for relief made in a child custody proceeding or to
13 enforce a child custody determination that was commenced
14 before the effective date of this part is governed by the law
15 in effect at the time the motion or other request was made.
16 Section 6. Paragraph (d) of subsection (3), subsection
17 (4), and paragraph (a) of subsection (7) of section 741.30,
18 Florida Statutes, are amended to read:
19 741.30 Domestic violence; injunction; powers and
20 duties of court and clerk; petition; notice and hearing;
21 temporary injunction; issuance of injunction; statewide
22 verification system; enforcement.--
23 (3)
24 (d) If the sworn petition seeks to determine issues of
25 custody or visitation with regard to the minor child or
26 children of the parties, the sworn petition shall be
27 accompanied by or shall incorporate the allegations required
28 by s. 61.522 s. 61.132 of the Uniform Child Custody
29 Jurisdiction and Enforcement Act.
30 (4) Upon the filing of the petition, the court shall
31 set a hearing to be held at the earliest possible time. The
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Amendment No. 01 (for drafter's use only)
1 respondent shall be personally served with a copy of the
2 petition, financial affidavit, uniform child custody
3 jurisdiction and enforcement act affidavit, if any, notice of
4 hearing, and temporary injunction, if any, prior to the
5 hearing.
6 (7)(a)1. The clerk of the court shall furnish a copy
7 of the petition, financial affidavit, uniform child custody
8 jurisdiction and enforcement act affidavit, if any, notice of
9 hearing, and temporary injunction, if any, to the sheriff or a
10 law enforcement agency of the county where the respondent
11 resides or can be found, who shall serve it upon the
12 respondent as soon thereafter as possible on any day of the
13 week and at any time of the day or night. The clerk of the
14 court shall be responsible for furnishing to the sheriff such
15 information on the respondent's physical description and
16 location as is required by the department to comply with the
17 verification procedures set forth in this section.
18 Notwithstanding any other provision of law to the contrary,
19 the chief judge of each circuit, in consultation with the
20 appropriate sheriff, may authorize a law enforcement agency
21 within the jurisdiction to effect service. A law enforcement
22 agency serving injunctions pursuant to this section shall use
23 service and verification procedures consistent with those of
24 the sheriff.
25 2. When an injunction is issued, if the petitioner
26 requests the assistance of a law enforcement agency, the court
27 may order that an officer from the appropriate law enforcement
28 agency accompany the petitioner and assist in placing the
29 petitioner in possession of the dwelling or residence, or
30 otherwise assist in the execution or service of the
31 injunction. A law enforcement officer shall accept a copy of
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Amendment No. 01 (for drafter's use only)
1 an injunction for protection against domestic violence,
2 certified by the clerk of the court, from the petitioner and
3 immediately serve it upon a respondent who has been located
4 but not yet served.
5 3. All orders issued, changed, continued, extended, or
6 vacated subsequent to the original service of documents
7 enumerated under subparagraph 1., shall be certified by the
8 clerk of the court and delivered to the parties at the time of
9 the entry of the order. The parties may acknowledge receipt
10 of such order in writing on the face of the original order.
11 In the event a party fails or refuses to acknowledge the
12 receipt of a certified copy of an order, the clerk shall note
13 on the original order that service was effected. If delivery
14 at the hearing is not possible, the clerk shall mail certified
15 copies of the order to the parties at the last known address
16 of each party. Service by mail is complete upon mailing.
17 When an order is served pursuant to this subsection, the clerk
18 shall prepare a written certification to be placed in the
19 court file specifying the time, date, and method of service
20 and shall notify the sheriff.
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22 If the respondent has been served previously with the
23 temporary injunction and has failed to appear at the initial
24 hearing on the temporary injunction, any subsequent petition
25 for injunction seeking an extension of time may be served on
26 the respondent by the clerk of the court by certified mail in
27 lieu of personal service by a law enforcement officer.
28 Section 7. Sections 61.1302, 61.1304, 61.1306,
29 61.1308, 61.131, 61.1312, 61.1314, 61.1316, 61.1318, 61.132,
30 61.1322, 61.1324, 61.1326, 61.1328, 61.133, 61.1332, 61.1334,
31 61.1336, 61.1338, 61.134, 61.1342, 61.1344, 61.1346, and
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Bill No. CS/HB 549
Amendment No. 01 (for drafter's use only)
1 61.1348, Florida Statutes, are repealed.
2 Section 8. This act shall take effect October 1, 2002.
3
4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 On page 1, line 1, through page 3, line 18
8 remove: the entire title
9
10 and insert:
11 A bill to be entitled
12 An act relating to child custody jurisdiction
13 and enforcement; amending s. 39.502, F.S.;
14 conforming references and cross references;
15 re-enacting s. 44.102, F.S.; to incorporate an
16 amendment to s. 61.13, F.S.; amending s. 61.13,
17 F.S.; conforming a reference; providing for the
18 posting of a bond with respect to certain
19 orders of child custody or visitation;
20 providing criteria for the court to use in
21 assessing the need for a bond; providing for
22 forfeiture of the bond under certain
23 circumstances; providing for the posting of a
24 bond with respect to certain orders of child
25 custody or visitation; providing criteria for
26 the court to use in assessing the need for a
27 bond; providing for forfeiture of the bond
28 under certain circumstances; creating sections
29 61.501 through 61.542, F.S., cited as the
30 "Uniform Child Custody Jurisdiction and
31 Enforcement Act"; providing purposes; providing
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Amendment No. 01 (for drafter's use only)
1 definitions; specifying proceedings not
2 governed by the act; providing application to
3 Indian tribes; providing international
4 application of the act; providing the effect of
5 a child custody determination; providing
6 priority for questions jurisdiction under the
7 act; providing for notice to persons outside
8 the state; providing for appearance at
9 proceedings and limited immunity; providing for
10 communication between courts of this state and
11 courts of other states; providing for taking
12 testimony in another state; providing for
13 cooperation between courts and the preservation
14 of records; providing for initial child custody
15 jurisdiction; providing for exclusive,
16 continuing jurisdiction; providing for
17 jurisdiction to modify a child custody
18 determination; providing for temporary
19 emergency jurisdiction; providing for notice,
20 opportunity to be heard, and joinder; providing
21 procedures with respect to simultaneous
22 proceedings; providing for determination of an
23 inconvenient forum; providing procedures for a
24 court to decline jurisdiction by reason of
25 conduct; specifying information to be submitted
26 to the court; providing for the appearance of
27 the parties and the child at proceedings;
28 providing definitions relating to enforcement;
29 providing for enforcement under the Hague
30 Convention; providing duty of the court to
31 enforce child custody determinations of a court
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Amendment No. 01 (for drafter's use only)
1 of another state; providing for temporary
2 visitation; providing for registration of
3 out-of-state child custody determinations;
4 providing for enforcement of registered
5 determinations; providing procedures with
6 respect to simultaneous proceedings; providing
7 for expedited enforcement of a child custody
8 determination; providing for service of
9 petition and order; providing for hearing and
10 order; providing for issuance of a warrant to
11 take physical custody of a child under certain
12 circumstances; providing for award of costs,
13 fees, and expenses to the prevailing party;
14 providing for recognition of enforcement orders
15 of a court of another state; providing for
16 appeals; providing for actions by the state
17 attorney; providing for actions by law
18 enforcement officers; providing for assessment
19 of costs and expenses incurred by the state
20 attorney and law enforcement officers;
21 providing for application and construction of
22 the act; providing severability; providing for
23 transition; amending s. 741.30, F.S.;
24 conforming references and cross references;
25 repealing ss. 61.1302, 61.1304, 61.1306,
26 61.1308, 61.131, 61.1312, 61.1314, 61.1316,
27 61.1318, 61.132, 61.1322, 61.1324, 61.1326,
28 61.1328, 61.133, 61.1332, 61.1334, 61.1336,
29 61.1338, 61.134, 61.1342, 61.1344, 61.1346, and
30 61.1348, F.S., relating to the "Uniform Child
31 Custody Jurisdiction Act"; providing an
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Amendment No. 01 (for drafter's use only)
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