House Bill hb0549e1

CODING: Words stricken are deletions; words underlined are additions.




                                        CS/HB 549, First Engrossed



  1                      A bill to be entitled

  2         An act relating to child custody jurisdiction

  3         and enforcement; amending s. 39.502, F.S.;

  4         conforming references and cross references;

  5         re-enacting s. 44.102, F.S.; to incorporate an

  6         amendment to s. 61.13, F.S.; amending s. 61.13,

  7         F.S.; conforming a reference; providing for the

  8         posting of a bond with respect to certain

  9         orders of child custody or visitation;

10         providing criteria for the court to use in

11         assessing the need for a bond; providing for

12         forfeiture of the bond under certain

13         circumstances; providing for the posting of a

14         bond with respect to certain orders of child

15         custody or visitation; providing criteria for

16         the court to use in assessing the need for a

17         bond; providing for forfeiture of the bond

18         under certain circumstances; creating sections

19         61.501 through 61.542, F.S., cited as the

20         "Uniform Child Custody Jurisdiction and

21         Enforcement Act"; providing purposes; providing

22         definitions; specifying proceedings not

23         governed by the act; providing application to

24         Indian tribes; providing international

25         application of the act; providing the effect of

26         a child custody determination; providing

27         priority for questions jurisdiction under the

28         act; providing for notice to persons outside

29         the state; providing for appearance at

30         proceedings and limited immunity; providing for

31         communication between courts of this state and


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         courts of other states; providing for taking

  2         testimony in another state; providing for

  3         cooperation between courts and the preservation

  4         of records; providing for initial child custody

  5         jurisdiction; providing for exclusive,

  6         continuing jurisdiction; providing for

  7         jurisdiction to modify a child custody

  8         determination; providing for temporary

  9         emergency jurisdiction; providing for notice,

10         opportunity to be heard, and joinder; providing

11         procedures with respect to simultaneous

12         proceedings; providing for determination of an

13         inconvenient forum; providing procedures for a

14         court to decline jurisdiction by reason of

15         conduct; specifying information to be submitted

16         to the court; providing for the appearance of

17         the parties and the child at proceedings;

18         providing definitions relating to enforcement;

19         providing for enforcement under the Hague

20         Convention; providing duty of the court to

21         enforce child custody determinations of a court

22         of another state; providing for temporary

23         visitation; providing for registration of

24         out-of-state child custody determinations;

25         providing for enforcement of registered

26         determinations; providing procedures with

27         respect to simultaneous proceedings; providing

28         for expedited enforcement of a child custody

29         determination; providing for service of

30         petition and order; providing for hearing and

31         order; providing for issuance of a warrant to


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         take physical custody of a child under certain

  2         circumstances; providing for award of costs,

  3         fees, and expenses to the prevailing party;

  4         providing for recognition of enforcement orders

  5         of a court of another state; providing for

  6         appeals; providing for actions by the state

  7         attorney; providing for actions by law

  8         enforcement officers; providing for assessment

  9         of costs and expenses incurred by the state

10         attorney and law enforcement officers;

11         providing for application and construction of

12         the act; providing severability; providing for

13         transition; amending s. 741.30, F.S.;

14         conforming references and cross references;

15         repealing ss. 61.1302, 61.1304, 61.1306,

16         61.1308, 61.131, 61.1312, 61.1314, 61.1316,

17         61.1318, 61.132, 61.1322, 61.1324, 61.1326,

18         61.1328, 61.133, 61.1332, 61.1334, 61.1336,

19         61.1338, 61.134, 61.1342, 61.1344, 61.1346, and

20         61.1348, F.S., relating to the "Uniform Child

21         Custody Jurisdiction Act"; providing an

22         effective date.

23

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

25

26         Section 1.  Subsection (7) of section 39.502, Florida

27  Statues, is amended to read:

28         (7)  Service of the summons and service of pleadings,

29  papers, and notices subsequent to the summons on persons

30  outside this state must be made pursuant to s. 61.509 s.

31  61.1312.


                                  3

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         Section 2.    For purposes of incorporating amendments

  2  to s. 61.13, F.S., subsection (2) of section 44.102, F.S., is

  3  re-enacted to read:

  4         44.102  Court-ordered mediation.--

  5         (2)  A court, under rules adopted by the Supreme Court:

  6         (a)  Must, upon request of one party, refer to

  7  mediation any filed civil action for monetary damages,

  8  provided the requesting party is willing and able to pay the

  9  costs of the mediation or the costs can be equitably divided

10  between the parties, unless:

11         1.  The action is a landlord and tenant dispute that

12  does not include a claim for personal injury.

13         2.  The action is filed for the purpose of collecting a

14  debt.

15         3.  The action is a claim of medical malpractice.

16         4.  The action is governed by the Florida Small Claims

17  Rules.

18         5.  The court determines that the action is proper for

19  referral to nonbinding arbitration under this chapter.

20         6.  The parties have agreed to binding arbitration.

21         7.  The parties have agreed to an expedited trial

22  pursuant to s. 45.075.

23         8.  The parties have agreed to voluntary trial

24  resolution pursuant to s. 44.104.

25         (b)  May refer to mediation all or any part of a filed

26  civil action for which mediation is not required under this

27  section.

28         (c)  In circuits in which a family mediation program

29  has been established and upon a court finding of a dispute,

30  shall refer to mediation all or part of custody, visitation,

31  or other parental responsibility issues as defined in s.


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  61.13. Upon motion or request of a party, a court shall not

  2  refer any case to mediation if it finds there has been a

  3  history of domestic violence that would compromise the

  4  mediation process.

  5         (d)  In circuits in which a dependency or in need of

  6  services mediation program has been established, may refer to

  7  mediation all or any portion of a matter relating to

  8  dependency or to a child in need of services or a family in

  9  need of services.

10         Section 3.  Paragraph (b) of subsection (2) of section

11  61.13, Florida Statutes, is amended, and paragraph (e) is

12  added to said subsection, to read:

13         61.13  Custody and support of children; visitation

14  rights; power of court in making orders.--

15         (2)

16         (b)1.  The court shall determine all matters relating

17  to custody of each minor child of the parties in accordance

18  with the best interests of the child and in accordance with

19  the Uniform Child Custody Jurisdiction and Enforcement Act. It

20  is the public policy of this state to assure that each minor

21  child has frequent and continuing contact with both parents

22  after the parents separate or the marriage of the parties is

23  dissolved and to encourage parents to share the rights and

24  responsibilities, and joys, of childrearing. After considering

25  all relevant facts, the father of the child shall be given the

26  same consideration as the mother in determining the primary

27  residence of a child irrespective of the age or sex of the

28  child.

29         (e)  When either parent materially violates a

30  visitation or custody order without proper cause or consent of

31  the other parent, in addition to any other remedies and


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  sanctions provided at law, the court may order the violating

  2  party to post a bond or other security sufficient to provide

  3  for economic damages to the other party for any future

  4  violation.  For purposes of this section, a material violation

  5  of a visitation or custody order shall include failure of

  6  either parent to provide care for a child during a time

  7  designated in a court order for him or her to be responsible

  8  for the child.  However, when a party materially violates a

  9  visitation or custody order by removing the child from this

10  state or country or by concealing the whereabouts of the

11  child, section 4. of this bill and not this subsection shall

12  apply.

13         1.  This subsection does not apply when a parent who is

14  the victim of any act of domestic violence or who has

15  reasonable cause to believe he or she is about to become the

16  victim of any act of domestic violence, as defined in s.

17  741.28, takes action contrary to a visitation or custody order

18  based upon a good faith belief that such action was necessary

19  to preserve the child from danger to his or her welfare.

20  However, in order to gain the exemption conferred in this

21  subparagraph, the party claiming the exemption must within 10

22  days of the violation file with the court that issued the

23  visitation or custody order an affidavit setting out the facts

24  which are the basis for claiming the exemption.

25         2.  Upon a future material violation of any custody or

26  visitation order entered under this section, the court may

27  order the bond or other security forfeited in whole or in

28  part. The proceeds of any bond or other security posted

29  pursuant to this subsection may be used to reimburse the

30  nonviolating party for actual costs or damages, including

31  without limitation the costs to locate and return the child,


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  reasonable attorney's fees and costs, and lost wages or child

  2  care expenses.

  3         3.  The court must consider the party's financial

  4  resources prior to setting the bond amount under this section.

  5  Under no circumstances may the court set a bond that is

  6  unreasonable.

  7         4.  Any deficiency of bond or security shall not

  8  absolve the violating party of responsibility to pay the full

  9  amount of damages determined by the court.

10         5.  Any remaining proceeds shall be held as further

11  security if deemed necessary by the court, and if further

12  security is not found to be necessary; applied to any child

13  support arrears owed by the parent against whom the bond was

14  required, and if no arrears exists; all remaining proceeds

15  will be allocated by the court in the best interest of the

16  child.

17         6.  At any time after the forfeiture of the bond or

18  other security, the party who posted the bond or other

19  security, or the court on its own motion may request that the

20  party provide documentation substantiating that the proceeds

21  received as a result of the forfeiture have been used solely

22  in accordance with this subsection.  Any party using such

23  proceeds for purposes not in accordance with this section may

24  be found in contempt of court.

25         Section 4.  (1)  In a proceeding in which the court

26  enters an order of child custody or visitation, including in a

27  modification proceeding, upon the presentation of competent

28  substantial evidence that there is a risk that one party may

29  violate the court's order of visitation or custody by removing

30  a child from this state or country or by concealing the

31


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  whereabouts of a child, or upon stipulation of the parties,

  2  the court may:

  3         (a)  Order that a parent may not remove the child from

  4  this state without the notarized written permission of both

  5  parents or further court order;

  6         (b)  Order that a parent may not remove the child from

  7  this country without the notarized written permission of both

  8  parents or further court order;

  9         (c)  Order that a parent may not take the child to a

10  country that has not ratified or acceded to the Hague

11  Convention on the Civil Aspects of International Child

12  Abduction unless the other parent agrees in writing that the

13  child may be taken to the country;

14         (d)  Require a parent to surrender the passport of the

15  child; or

16         (e)  Require that party to post bond or other security.

17         (2)  If the court enters an order of child custody or

18  visitation, including in a modification proceeding, that

19  includes a provision entered under (b) or (c) a certified copy

20  of the order should be sent by the parent who requested the

21  restriction to the Passport Services Office of the U.S.

22  Department of State requesting that they not issue a passport

23  to the child without their signature or further court order.

24         (3)  In assessing the need for a bond or other

25  security, the court may consider any reasonable factor bearing

26  upon the risk that a party may violate a visitation or custody

27  order by removing a child from this state or country or by

28  concealing the whereabouts of a child, including but not

29  limited to whether:

30         (a)  A court has previously found that a party

31  previously removed a child from Florida or another state in


                                  8

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  violation of a custody or visitation order, or whether a court

  2  had found that a party has threatened to take a child out of

  3  Florida or another state in violation of a custody or

  4  visitation order;

  5         (b)  The party has strong family and community ties to

  6  Florida or to other states or countries, including whether the

  7  party or child is a citizen of another country;

  8         (c)  The party has strong financial reasons to remain

  9  in Florida or to relocate to another state or country;

10         (d)  The party has engaged in activities that suggest

11  plans to leave Florida, such as quitting employment; sale of a

12  residence or termination of a lease on a residence, without

13  efforts to acquire an alternative residence in the state;

14  closing bank accounts or otherwise liquidating assets; or

15  applying for a passport;

16         (e)  Either party has had a history of domestic

17  violence as either a victim or perpetrator, child abuse or

18  child neglect evidenced by criminal history, including but not

19  limited to, arrest, an injunction for protection against

20  domestic violence issued after notice and hearing under s.

21  741.30, medical records, affidavits, or any other relevant

22  information; or

23         (f)  The party has a criminal record.

24         (4)  The court must consider the party's financial

25  resources prior to setting the bond amount under this section.

26  Under no circumstances may the court set a bond that is

27  unreasonable. 

28         (5)  Any deficiency of bond or security shall not

29  absolve the violating party of responsibility to pay the full

30  amount of damages determined by the court.

31


                                  9

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (6)  Upon presentation of competent substantial

  2  evidence that the party who posted the bond or other security

  3  has materially violated a court order of visitation or custody

  4  by removing the child from this state or country or by

  5  concealing the whereabouts of the child, the court may order

  6  the bond or other security forfeited in whole or in part.

  7  This section does not apply when a parent who is the victim of

  8  any act of domestic violence or who has reasonable cause to

  9  believe he or she is about to become the victim of any act of

10  domestic violence, as defined in s. 741.28, seeks shelter from

11  such acts or possible acts and takes with him or her, or

12  conceals, any child 17 years of age or younger.  However, in

13  order to gain the exemption conferred in this subparagraph,

14  the party claiming the exemption must comply with the

15  requirements set out in s. 787.03(6)(b), F.S.

16         (7)  Upon an order of forfeiture, the proceeds of any

17  bond or other security posted pursuant to this subsection may

18  only be used to:

19         (a)  Reimburse the nonviolating party for actual costs

20  or damages incurred in upholding the court's order of custody

21  or visitation.

22         (b)  Locate and return the child to the residence as

23  set forth in the visitation or custody order.

24         (c)  Reimburse reasonable fees and costs as determined

25  by the court.

26         (d)  Any remaining proceeds shall be held as further

27  security if deemed necessary by the court, and if further

28  security is not found to be necessary; applied to any child

29  support arrears owed by the parent against whom the bond was

30  required, and if no arrears exists; all remaining proceeds

31


                                  10

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  will be allocated by the court in the best interest of the

  2  child.

  3         (8)  At any time after the forfeiture of the bond or

  4  other security, the party who posted the bond or other

  5  security, or the court on its own motion may request that the

  6  party provide documentation substantiating that the proceeds

  7  received as a result of the forfeiture have been used solely

  8  in accordance with this subsection.  Any party using such

  9  proceeds for purposes not in accordance with this section may

10  be found in contempt of court.

11         Section 5.    Sections 61.501 through 61.542, Florida

12  Statutes, are created to read:

13         61.501  Short title.--This part may be cited as the

14  "Uniform Child Custody Jurisdiction and Enforcement Act."

15         61.502  Purposes of part; construction of

16  provisions.--The general purposes of this part are to:

17         (1)  Avoid jurisdictional competition and conflict with

18  courts of other states in matters of child custody which have

19  in the past resulted in the shifting of children from state to

20  state with harmful effects on their well-being.

21         (2)  Promote cooperation with the courts of other

22  states to the end that a custody decree is rendered in the

23  state that can best decide the case in the interest of the

24  child.

25         (3)  Discourage the use of the interstate system for

26  continuing controversies over child custody.

27         (4)  Deter abductions.

28         (5)  Avoid relitigating the custody decisions of other

29  states in this state.

30         (6)  Facilitate the enforcement of custody decrees of

31  other states.


                                  11

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (7)  Promote and expand the exchange of information and

  2  other forms of mutual assistance between the courts of this

  3  state and those of other states concerned with the same child.

  4         (8)  Make uniform the law with respect to the subject

  5  of this part among the states enacting it.

  6         61.503  Definitions.--As used in this part, the term:

  7         (1)  "Abandoned" means left without provision for

  8  reasonable and necessary care or supervision.

  9         (2)  "Child" means an individual who has not attained

10  18 years of age.

11         (3)  "Child custody determination" means a judgment,

12  decree, or other order of a court providing for the legal

13  custody, physical custody, residential care, or visitation

14  with respect to a child. The term includes a permanent,

15  temporary, initial, and modification order. The term does not

16  include an order relating to child support or other monetary

17  obligation of an individual.

18         (4)  "Child custody proceeding" means a proceeding in

19  which legal custody, physical custody, residential care or

20  visitation with respect to a child is an issue. The term

21  includes a proceeding for divorce, separation, neglect, abuse,

22  dependency, guardianship, paternity, termination of parental

23  rights, and protection from domestic violence, in which the

24  issue may appear. The term does not include a proceeding

25  involving juvenile delinquency, contractual emancipation, or

26  enforcement under ss. 61.524-61.540.

27         (5)  "Commencement" means the filing of the first

28  pleading in a proceeding.

29         (6)  "Court" means an entity authorized under the laws

30  of a state to establish, enforce, or modify a child custody

31  determination.


                                  12

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (7)  "Home state" means the state in which a child

  2  lived with a parent or a person acting as a parent for at

  3  least 6 consecutive months immediately before the commencement

  4  of a child custody proceeding. In the case of a child younger

  5  than 6 months of age, the term means the state in which the

  6  child lived from birth with any of the persons mentioned. A

  7  period of temporary absence of any of the mentioned persons is

  8  part of the period.

  9         (8)  "Initial determination" means the first child

10  custody determination concerning a particular child.

11         (9)  "Issuing court" means the court that makes a child

12  custody determination for which enforcement is sought under

13  this part.

14         (10)  "Issuing state" means the state in which a child

15  custody determination is made.

16         (11)  "Modification" means a child custody

17  determination that changes, replaces, supersedes, or is

18  otherwise made after a previous determination concerning the

19  same child, regardless of whether it is made by the court that

20  made the previous determination.

21         (12)  "Person" means an individual, corporation,

22  business trust, estate, trust, partnership, limited liability

23  company, association, joint venture, or government;

24  governmental subdivision, agency, instrumentality, or public

25  corporation; or any other legal or commercial entity.

26         (13)  "Person acting as a parent" means a person, other

27  than a parent, who:

28         (a)  Has physical custody of the child or has had

29  physical custody for a period of 6 consecutive months,

30  including any temporary absence, within 1 year immediately

31  before the commencement of a child custody proceeding; and


                                  13

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (b)  Has been awarded a child-custody determination by

  2  a court or claims a right to a child-custody determination

  3  under the laws of this state.

  4         (14)  "Physical custody" means the physical care and

  5  supervision of a child.

  6         (15)  "State" means a state of the United States, the

  7  District of Columbia, Puerto Rico, the United States Virgin

  8  Islands, or any territory or insular possession subject to the

  9  jurisdiction of the United States.

10         (16)  "Tribe" means an Indian tribe, or band, or

11  Alaskan Native village that is recognized by federal law or

12  formally acknowledged by a state.

13         (17)  "Warrant" means an order issued by a court

14  authorizing law enforcement officers to take physical custody

15  of a child.

16         61.504  Proceedings governed by other law.--This part

17  does not govern a proceeding pertaining to the authorization

18  of emergency medical care for a child.

19         61.505  Application to Indian tribes.--

20         (1)  A child custody proceeding that pertains to an

21  Indian child, as defined in the Indian Child Welfare Act, 25

22  U.S.C. s. 1901 et seq., is not subject to this part to the

23  extent that it is governed by the Indian Child Welfare Act.

24         (2)  A court of this state shall treat a tribe as if it

25  were a state of the United States for purposes of applying ss.

26  61.501-61.523.

27         (3)  A child custody determination made by a tribe

28  under factual circumstances in substantial conformity with the

29  jurisdictional standards of this part must be recognized and

30  enforced under ss. 61.524-61.540.

31         61.506  International application of part.--


                                  14

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (1)  A court of this state shall treat a foreign

  2  country as if it were a state of the United States for

  3  purposes of applying ss. 61.501-61.523.

  4         (2)  Except as otherwise provided in subsection (3), a

  5  child custody determination made in a foreign country under

  6  factual circumstances in substantial conformity with the

  7  jurisdictional standards of this part must be recognized and

  8  enforced under ss. 61.524-61.540.

  9         (3)  A court of this state need not apply this part if

10  the child custody law of a foreign country violates

11  fundamental principles of human rights.

12         61.507  Effect of child custody determination.--A child

13  custody determination made by a court of this state which had

14  jurisdiction under this part binds all persons who have been

15  served in accordance with the laws of this state or notified

16  in accordance with s. 61.509 or who have submitted to the

17  jurisdiction of the court, and who have been given an

18  opportunity to be heard. As to those persons, the

19  determination is conclusive as to all decided issues of law

20  and fact except to the extent the determination is modified.

21         61.508  Priority.--If a question of existence or

22  exercise of jurisdiction under this part is raised in a child

23  custody proceeding, the question, upon request of a party,

24  must be given priority on the calendar and handled

25  expeditiously.

26         61.509  Notice to persons outside the state.--

27         (1)  Notice required for the exercise of jurisdiction

28  when a person is outside this state may be given in a manner

29  prescribed by the laws of the state in which the service is

30  made. Notice must be given in a manner reasonably calculated

31


                                  15

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  to give actual notice, but may be made by publication if other

  2  means are not effective.

  3         (2)  Proof of service may be made in the manner

  4  prescribed by the laws of the state in which the service is

  5  made.

  6         (3)  Notice is not required for the exercise of

  7  jurisdiction with respect to a person who submits to the

  8  jurisdiction of the court.

  9         61.510  Appearance and limited immunity.--

10         (1)  A party to a child custody proceeding, including a

11  modification proceeding, or a petitioner or respondent in a

12  proceeding to enforce or register a child custody

13  determination, is not subject to personal jurisdiction in this

14  state for another proceeding or purpose solely by reason of

15  having participated, or of having been physically present for

16  the purpose of participating, in the proceeding.

17         (2)  A person who is subject to personal jurisdiction

18  in this state on a basis other than physical presence is not

19  immune from service of process in this state. A party present

20  in this state who is subject to the jurisdiction of another

21  state is not immune from service of process allowable under

22  the laws of that state.

23         (3)  The immunity granted by subsection (1) does not

24  extend to civil litigation based on an act unrelated to the

25  participation in a proceeding under this part which was

26  committed by an individual while present in this state.

27         61.511  Communication between courts.--

28         (1)  A court of this state may communicate with a court

29  in another state concerning a proceeding arising under this

30  part.

31


                                  16

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (2)  The court shall allow the parties to participate

  2  in the communication. If the parties elect to participate in

  3  the communication, they must be given the opportunity to

  4  present facts and legal arguments before a decision on

  5  jurisdiction is made.

  6         (3)  Communication between courts on schedules,

  7  calendars, court records, and similar matters may occur

  8  without informing the parties. A record need not be made of

  9  the communication.

10         (4)  Except as otherwise provided in subsection (3), a

11  record must be made of a communication under this section. The

12  parties must be informed promptly of the communication and

13  granted access to the record.

14         (5)  For purposes of this section, the term "record"

15  means a form of information, including, but not limited to, an

16  electronic recording or transcription by a court reporter

17  which creates a verbatim memorialization of any communication

18  between two or more individuals or entities.

19         61.512  Taking testimony in another state.--

20         (1)  In addition to other procedures available to a

21  party, a party to a child custody proceeding may offer

22  testimony of witnesses who are located in another state,

23  including testimony of the parties and the child, by

24  deposition or other means available in this state for

25  testimony taken in another state. The court on its own motion

26  may order that the testimony of a person be taken in another

27  state and may prescribe the manner in which and the terms upon

28  which the testimony is taken.

29         (2)  Upon agreement of the parties, a court of this

30  state may permit an individual residing in another state to be

31  deposed or to testify by telephone, audiovisual means, or


                                  17

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  other electronic means before a designated court or at another

  2  location in that state. A court of this state shall cooperate

  3  with courts of other states in designating an appropriate

  4  location for the deposition or testimony.

  5         (3)  Documentary evidence transmitted from another

  6  state to a court of this state by technological means that

  7  does not produce an original writing may not be excluded from

  8  evidence on an objection based on the means of transmission.

  9         61.513  Cooperation between courts; preservation of

10  records.--

11         (1)  A court of this state may request the appropriate

12  court of another state to:

13         (a)  Hold an evidentiary hearing;

14         (b)  Order a person to produce or give evidence

15  pursuant to the laws of that state;

16         (c)  Order that an evaluation be made with respect to

17  the custody of a child involved in a pending proceeding

18  pursuant to the laws of the state where the proceeding is

19  pending;

20         (d)  Forward to the court of this state a certified

21  copy of the transcript of the record of the hearing, the

22  evidence otherwise presented, and any evaluation prepared in

23  compliance with the request; or

24         (e)  Order a party to a child custody proceeding or any

25  person having physical custody of the child to appear in the

26  proceeding with or without the child.

27         (2)  Upon request of a court of another state, a court

28  of this state may hold a hearing or enter an order described

29  in subsection (1).

30         (3)  Travel and other necessary and reasonable expenses

31  incurred under subsections (1) and (2) may be assessed against


                                  18

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  the parties according to the laws of this state if the court

  2  has personal jurisdiction over the party against whom these

  3  expenses are being assessed.

  4         (4)  A court of this state shall preserve the

  5  pleadings, orders, decrees, records of hearings, evaluations,

  6  and other pertinent records with respect to a child custody

  7  proceeding until the child attains 18 years of age. Upon

  8  appropriate request by a court or law enforcement official of

  9  another state, the court shall forward a certified copy of

10  these records.

11         61.514  Initial child custody jurisdiction.--

12         (1)  Except as otherwise provided in s. 61.517, a court

13  of this state has jurisdiction to make an initial child

14  custody determination only if:

15         (a)  This state is the home state of the child on the

16  date of the commencement of the proceeding, or was the home

17  state of the child within 6 months before the commencement of

18  the proceeding and the child is absent from this state but a

19  parent or person acting as a parent continues to live in this

20  state;

21         (b)  A court of another state does not have

22  jurisdiction under paragraph (a), or a court of the home state

23  of the child has declined to exercise jurisdiction on the

24  grounds that this state is the more appropriate forum under s.

25  61.520 or s. 61.521, and:

26         1.  The child and the child's parents, or the child and

27  at least one parent or a person acting as a parent, have a

28  significant connection with this state other than mere

29  physical presence; and

30

31


                                  19

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         2.  Substantial evidence is available in this state

  2  concerning the child's care, protection, training, and

  3  personal relationships;

  4         (c)  All courts having jurisdiction under paragraph (a)

  5  or paragraph (b) have declined to exercise jurisdiction on the

  6  grounds that a court of this state is the more appropriate

  7  forum to determine the custody of the child under s. 61.520 or

  8  s. 61.521; or

  9         (d)  No court of any other state would have

10  jurisdiction under the criteria specified in paragraph (a),

11  paragraph (b), or paragraph (c).

12         (2)  Subsection (1) is the exclusive jurisdictional

13  basis for making a child custody determination by a court of

14  this state.

15         (3)  Physical presence of, or personal jurisdiction

16  over, a party or a child is not necessary or sufficient to

17  make a child custody determination.

18         61.515  Exclusive, continuing jurisdiction.--

19         (1)  Except as otherwise provided in s. 61.517, a court

20  of this state which has made a child custody determination

21  consistent with s. 61.514 or s. 61.516 has exclusive,

22  continuing jurisdiction over the determination until:

23         (a)  A court of this state determines that the child,

24  the child's parents, and any person acting as a parent does

25  not have a significant connection with this state and that

26  substantial evidence is no longer available in this state

27  concerning the child's care, protection, training, and

28  personal relationships; or

29         (b)  A court of this state or a court of another state

30  determines that the child, the child's parent, and any person

31  acting as a parent does not presently reside in this state.


                                  20

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (2)  A court of this state which has made a child

  2  custody determination and does not have exclusive, continuing

  3  jurisdiction under this section may modify that determination

  4  only if it has jurisdiction to make an initial determination

  5  under s. 61.514.

  6         61.516  Jurisdiction to modify a determination.--Except

  7  as otherwise provided in s. 61.517, a court of this state may

  8  not modify a child custody determination made by a court of

  9  another state unless a court of this state has jurisdiction to

10  make an initial determination under s. 61.514(1)(a) or s.

11  61.514(1)(b) and:

12         (1)  The court of the other state determines it no

13  longer has exclusive, continuing jurisdiction under s. 61.515

14  or that a court of this state would be a more convenient forum

15  under s. 61.520; or

16         (2)  A court of this state or a court of the other

17  state determines that the child, the child's parents, and any

18  person acting as a parent does not presently reside in the

19  other state.

20         61.517  Temporary emergency jurisdiction.--

21         (1)  A court of this state has temporary emergency

22  jurisdiction if the child is present in this state and the

23  child has been abandoned or it is necessary in an emergency to

24  protect the child because the child, or a sibling or parent of

25  the child, is subjected to or threatened with mistreatment or

26  abuse.

27         (2)  If there is no previous child custody

28  determination that is entitled to be enforced under this part,

29  and a child custody proceeding has not been commenced in a

30  court of a state having jurisdiction under ss. 61.514-61.616,

31  a child custody determination made under this section remains


                                  21

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  in effect until an order is obtained from a court of a state

  2  having jurisdiction under ss. 61.514-61.516. If a child

  3  custody proceeding has not been or is not commenced in a court

  4  of a state having jurisdiction under ss. 61.514-61.516, a

  5  child custody determination made under this section becomes a

  6  final determination if it so provides and this state becomes

  7  the home state of the child.

  8         (3)  If there is a previous child custody determination

  9  that is entitled to be enforced under this part, or a child

10  custody proceeding has been commenced in a court of a state

11  having jurisdiction under ss. 61.514-61.516, any order issued

12  by a court of this state under this section must specify in

13  the order a period that the court considers adequate to allow

14  the person seeking an order to obtain an order from the state

15  having jurisdiction under ss. 61.514-61.516. The order issued

16  in this state remains in effect until an order is obtained

17  from the other state within the period specified or the period

18  expires.

19         (4)  A court of this state which has been asked to make

20  a child custody determination under this section, upon being

21  informed that a child custody proceeding has been commenced

22  in, or a child custody determination has been made by, a court

23  of a state having jurisdiction under ss. 61.514-61.516, shall

24  immediately communicate with the other court. A court of this

25  state which is exercising jurisdiction under ss.

26  61.514-61.516, upon being informed that a child custody

27  proceeding has been commenced in, or a child custody

28  determination has been made by, a court of another state under

29  a statute similar to this section shall immediately

30  communicate with the court of that state to resolve the

31  emergency, protect the safety of the parties and the child,


                                  22

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  and determine a period for the duration of the temporary

  2  order.

  3         61.518  Notice; opportunity to be heard; joinder.--

  4         (1)  Before a child custody determination is made under

  5  this part, notice and an opportunity to be heard in accordance

  6  with the standards of s. 61.509 must be given to all persons

  7  entitled to notice under the laws of this state as in child

  8  custody proceedings between residents of this state, any

  9  parent whose parental rights have not been previously

10  terminated, and any person acting as a parent.

11         (2)  This part does not govern the enforceability of a

12  child custody determination made without notice or an

13  opportunity to be heard.

14         (3)  The obligation to join a party and the right to

15  intervene as a party in a child custody proceeding under this

16  part are governed by the laws of this state as in child

17  custody proceedings between residents of this state.

18         61.519  Simultaneous proceedings.--

19         (1)  Except as otherwise provided in s. 61.517, a court

20  of this state may not exercise its jurisdiction under ss.

21  61.514-61.524 if, at the time of the commencement of the

22  proceeding, a proceeding concerning the custody of the child

23  had been commenced in a court of another state having

24  jurisdiction substantially in conformity with this part,

25  unless the proceeding has been terminated or is stayed by the

26  court of the other state because a court of this state is a

27  more convenient forum under s. 61.520.

28         (2)  Except as otherwise provided in s. 61.517, a court

29  of this state, before hearing a child custody proceeding,

30  shall examine the court documents and other information

31  supplied by the parties pursuant to s. 61.522. If the court


                                  23

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  determines that a child custody proceeding was previously

  2  commenced in a court in another state having jurisdiction

  3  substantially in accordance with this part, the court of this

  4  state shall stay its proceeding and communicate with the court

  5  of the other state. If the court of the state having

  6  jurisdiction substantially in accordance with this part does

  7  not determine that the court of this state is a more

  8  appropriate forum, the court of this state shall dismiss the

  9  proceeding.

10         (3)  In a proceeding to modify a child custody

11  determination, a court of this state shall determine whether a

12  proceeding to enforce the determination has been commenced in

13  another state. If a proceeding to enforce a child custody

14  determination has been commenced in another state, the court

15  may:

16         (a)  Stay the proceeding for modification pending the

17  entry of an order of a court of the other state enforcing,

18  staying, denying, or dismissing the proceeding for

19  enforcement;

20         (b)  Enjoin the parties from continuing with the

21  proceeding for enforcement; or

22         (c)  Proceed with the modification under conditions it

23  considers appropriate.

24         61.520  Inconvenient forum.--

25         (1)  A court of this state which has jurisdiction under

26  this part to make a child custody determination may decline to

27  exercise its jurisdiction at any time if it determines that it

28  is an inconvenient forum under the circumstances and that a

29  court of another state is a more appropriate forum. The issue

30  of inconvenient forum may be raised upon motion of a party,

31  the court's own motion, or request of another court.


                                  24

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (2)  Before determining whether it is an inconvenient

  2  forum, a court of this state shall consider whether it is

  3  appropriate for a court of another state to exercise

  4  jurisdiction. For this purpose, the court shall allow the

  5  parties to submit information and shall consider all relevant

  6  factors, including:

  7         (a)  Whether domestic violence has occurred and is

  8  likely to continue in the future and which state could best

  9  protect the parties and the child;

10         (b)  The length of time the child has resided outside

11  this state;

12         (c)  The distance between the court in this state and

13  the court in the state that would assume jurisdiction;

14         (d)  The relative financial circumstances of the

15  parties;

16         (e)  Any agreement of the parties as to which state

17  should assume jurisdiction;

18         (f)  The nature and location of the evidence required

19  to resolve the pending litigation, including testimony of the

20  child;

21         (g)  The ability of the court of each state to decide

22  the issue expeditiously and the procedures necessary to

23  present the evidence; and

24         (h)  The familiarity of the court of each state with

25  the facts and issues in the pending litigation.

26         (3)  If a court of this state determines that it is an

27  inconvenient forum and that a court of another state is a more

28  appropriate forum, it shall stay the proceedings upon

29  condition that a child custody proceeding be promptly

30  commenced in another designated state and may impose any other

31  condition the court considers just and proper.


                                  25

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (4)  A court of this state may decline to exercise its

  2  jurisdiction under this part if a child custody determination

  3  is incidental to an action for divorce or another proceeding

  4  while still retaining jurisdiction over the divorce or other

  5  proceeding.

  6         61.521  Jurisdiction declined by reason of conduct.--

  7         (1)  Except as otherwise provided in s. 61.517 or by

  8  other law of this state, if a court of this state has

  9  jurisdiction under this part because a person seeking to

10  invoke its jurisdiction has engaged in unjustifiable conduct,

11  the court shall decline to exercise its jurisdiction unless:

12         (a)  The parents and all persons acting as parents have

13  acquiesced in the exercise of jurisdiction;

14         (b)  A court of the state otherwise having jurisdiction

15  under ss. 61.514-61.516 determines that this state is a more

16  appropriate forum under s. 61.520; or

17         (c)  No court of any other state would have

18  jurisdiction under the criteria specified in ss.

19  61.514-61.516.

20         (2)  If a court of this state declines to exercise its

21  jurisdiction under subsection (1), it may fashion an

22  appropriate remedy to ensure the safety of the child and

23  prevent a repetition of the unjustifiable conduct, including

24  staying the proceeding until a child custody proceeding is

25  commenced in a court having jurisdiction under ss.

26  61.514-61.516.

27         (3)  If a court dismisses a petition or stays a

28  proceeding because it declines to exercise its jurisdiction

29  under subsection (1), it shall assess against the party

30  seeking to invoke its jurisdiction necessary and reasonable

31  expenses, including costs, communication expenses, attorney's


                                  26

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  fees, investigative fees, expenses for witnesses, travel

  2  expenses, and expenses for child care during the course of the

  3  proceedings, unless the party from whom fees are sought

  4  establishes that the assessment would be clearly

  5  inappropriate. The court may not assess fees, costs, or

  6  expenses against this state unless authorized by law other

  7  than this part.

  8         61.522  Information to be submitted to the court.--

  9         (1)  Subject to Florida law providing for the

10  confidentiality of procedures, addresses, and other

11  identifying information in a child custody proceeding, each

12  party, in its first pleading or in an attached affidavit,

13  shall give information, if reasonably ascertainable, under

14  oath as to the child's present address or whereabouts, the

15  places where the child has lived during the last 5 years, and

16  the names and present addresses of the persons with whom the

17  child has lived during that period. The pleading or affidavit

18  must state whether the party:

19         (a)  Has participated, as a party or witness or in any

20  other capacity, in any other proceeding concerning the custody

21  of or visitation with the child and, if so, identify the

22  court, the case number, and the date of the child custody

23  determination, if any;

24         (b)  Knows of any proceeding that could affect the

25  current proceeding, including proceedings for enforcement and

26  proceedings relating to domestic violence, protective orders,

27  termination of parental rights, and adoptions and, if so,

28  identify the court, the case number, and the nature of the

29  proceeding; and

30         (c)  Knows the names and addresses of any person not a

31  party to the proceeding who has physical custody of the child


                                  27

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  or claims rights of legal custody or physical custody of, or

  2  visitation with, the child and, if so, the names and addresses

  3  of those persons.

  4         (2)  If the information required by subsection (1) is

  5  not furnished, the court, upon motion of a party or its own

  6  motion, may stay the proceeding until the information is

  7  furnished.

  8         (3)  If the declaration as to any of the items

  9  described in paragraphs (1)(a)-(c) is in the affirmative, the

10  declarant shall give additional information under oath as

11  required by the court. The court may examine the parties under

12  oath as to details of the information furnished and other

13  matters pertinent to the court's jurisdiction and the

14  disposition of the case.

15         (4)  Each party has a continuing duty to inform the

16  court of any proceeding in this or any other state which could

17  affect the current proceeding.

18         61.523  Appearance of parties and child.--

19         (1)  In a child custody proceeding in this state, the

20  court may order a party to the proceeding who is in this state

21  to appear before the court in person with or without the

22  child. The court may order any person who is in this state and

23  who has physical custody or control of the child to appear in

24  person with the child.

25         (2)  If a party to a child custody proceeding whose

26  presence is desired by the court is outside this state, the

27  court may order that a notice given pursuant to s. 61.509

28  include a statement directing the party to appear in person

29  with or without the child and informing the party that failure

30  to appear may result in a decision adverse to the party.

31


                                  28

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (3)  The court may enter any orders necessary to ensure

  2  the safety of the child and of any person ordered to appear

  3  under this section.

  4         (4)  If a party to a child custody proceeding who is

  5  outside this state is directed to appear under subsection (2)

  6  or desires to appear in person before the court with or

  7  without the child, the court may require another party to pay

  8  reasonable and necessary travel and other expenses of the

  9  party so appearing and of the child.

10         61.524  Definitions.--As used in ss. 61.524-61.540, the

11  term:

12         (1)  "Petitioner" means a person who seeks enforcement

13  of an order for return of a child under the Hague Convention

14  on the Civil Aspects of International Child Abduction or

15  enforcement of a child custody determination.

16         (2)  "Respondent" means a person against whom a

17  proceeding has been commenced for enforcement of an order for

18  return of a child under the Hague Convention on the Civil

19  Aspects of International Child Abduction or enforcement of a

20  child custody determination.

21         61.525  Enforcement under the Hague Convention.--Under

22  this part, a court of this state may enforce an order for the

23  return of a child made under the Hague Convention on the Civil

24  Aspects of International Child Abduction as if it were a child

25  custody determination.

26         61.526  Duty to enforce.--

27         (1)  A court of this state shall recognize and enforce

28  a child custody determination of a court of another state if

29  the latter court exercised jurisdiction in substantial

30  conformity with this part or the determination was made under

31  factual circumstances meeting the jurisdictional standards of


                                  29

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  this part and the determination has not been modified in

  2  accordance with this part.

  3         (2)  A court of this state may use any remedy available

  4  under other laws of this state to enforce a child custody

  5  determination made by a court of another state. The remedies

  6  provided by ss. 61.524-61.540 are cumulative and do not affect

  7  the availability of other remedies to enforce a child custody

  8  determination.

  9         61.527  Temporary visitation.--

10         (1)  A court of this state which does not have

11  jurisdiction to modify a child custody determination may issue

12  a temporary order enforcing:

13         (a)  A visitation schedule made by a court of another

14  state; or

15         (b)  The visitation provisions of a child custody

16  determination of another state which does not provide for a

17  specific visitation schedule.

18         (2)  If a court of this state makes an order under

19  paragraph (1)(b), it shall specify in the order a period that

20  it considers adequate to allow the petitioner to obtain an

21  order from a court having jurisdiction under the criteria

22  specified in ss. 61.514-61.523. The order remains in effect

23  until an order is obtained from the other court or the period

24  expires.

25         61.528  Registration of child custody determination.--

26         (1)  A child custody determination issued by a court of

27  another state may be registered in this state, with or without

28  a simultaneous request for enforcement, by sending to the

29  circuit court of the county where the petitioner or respondent

30  resides or where a simultaneous request for enforcement is

31  sought:


                                  30

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (a)  A letter or other document requesting

  2  registration;

  3         (b)  Two copies, including one certified copy, of the

  4  determination sought to be registered and a statement under

  5  penalty of perjury that, to the best of the knowledge and

  6  belief of the person seeking registration, the order has not

  7  been modified; and

  8         (c)  Except as otherwise provided in s. 61.522, the

  9  name and address of the person seeking registration and any

10  parent or person acting as a parent who has been awarded

11  custody or visitation in the child custody determination

12  sought to be registered.

13         (2)  On receipt of the documents required by subsection

14  (1), the registering court shall:

15         (a)  Cause the determination to be filed as a foreign

16  judgment, together with one copy of any accompanying documents

17  and information, regardless of their form; and

18         (b)  Serve notice upon the persons named pursuant to

19  paragraph (1)(c) and provide them with an opportunity to

20  contest the registration in accordance with this section.

21         (3)  The notice required by paragraph (2)(b) must state

22  that:

23         (a)  A registered determination is enforceable as of

24  the date of the registration in the same manner as a

25  determination issued by a court of this state;

26         (b)  A hearing to contest the validity of the

27  registered determination must be requested within 20 days

28  after service of notice; and

29         (c)  Failure to contest the registration will result in

30  confirmation of the child custody determination and preclude

31


                                  31

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  further contest of that determination with respect to any

  2  matter that could have been asserted.

  3         (4)  A person seeking to contest the validity of a

  4  registered order must request a hearing within 20 days after

  5  service of the notice. At that hearing, the court shall

  6  confirm the registered order unless the person contesting

  7  registration establishes that:

  8         (a)  The issuing court did not have jurisdiction under

  9  ss. 61.514-61.523;

10         (b)  The child custody determination sought to be

11  registered has been vacated, stayed, or modified by a court

12  having jurisdiction to do so under ss. 61.514-61.523; or

13         (c)  The person contesting registration was entitled to

14  notice, but notice was not given in accordance with the

15  standards of s. 61.509 in the proceedings before the court

16  that issued the order for which registration is sought.

17         (5)  If a timely request for a hearing to contest the

18  validity of the registration is not made, the registration is

19  confirmed as a matter of law and the person requesting

20  registration and all persons served must be notified of the

21  confirmation.

22         (6)  Confirmation of a registered order, whether by

23  operation of law or after notice and hearing, precludes

24  further contest of the order with respect to any matter that

25  could have been asserted at the time of registration.

26         61.529  Enforcement of registered determination.--

27         (1)  A court of this state may grant any relief

28  normally available under the laws of this state to enforce a

29  registered child custody determination made by a court of

30  another state.

31


                                  32

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (2)  A court of this state shall recognize and enforce

  2  but may not modify, except in accordance with ss.

  3  61.514-61.523, a registered child custody determination of

  4  another state.

  5         61.530  Simultaneous proceedings.--If a proceeding for

  6  enforcement under ss. 61.524-61.540 is commenced in a court of

  7  this state and the court determines that a proceeding to

  8  modify the determination is pending in a court of another

  9  state having jurisdiction to modify the determination under

10  ss. 61.514-61.523, the enforcing court shall immediately

11  communicate with the modifying court. The proceeding for

12  enforcement continues unless the enforcing court, after

13  consultation with the modifying court, stays or dismisses the

14  proceeding.

15         61.531  Expedited enforcement of child custody

16  determination.--

17         (1)  A petition under ss. 61.524-61.540 must be

18  verified. Certified copies of all orders sought to be enforced

19  and of any order confirming registration must be attached to

20  the petition. A copy of a certified copy of an order may be

21  attached instead of the original.

22         (2)  A petition for enforcement of a child custody

23  determination must state:

24         (a)  Whether the court that issued the determination

25  identified the jurisdictional basis it relied upon in

26  exercising jurisdiction and, if so, specify the basis;

27         (b)  Whether the determination for which enforcement is

28  sought has been vacated, stayed, or modified by a court whose

29  decision must be enforced under this part and, if so, identify

30  the court, the case number, and the nature of the proceeding;

31


                                  33

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (c)  Whether any proceeding has been commenced that

  2  could affect the current proceeding, including proceedings

  3  relating to domestic violence, protective orders, termination

  4  of parental rights, and adoptions and, if so, identify the

  5  court, the case number, and the nature of the proceeding;

  6         (d)  The present physical address of the child and the

  7  respondent, if known;

  8         (e)  Whether relief in addition to the immediate

  9  physical custody of the child and attorney's fees is sought,

10  including a request for assistance from law enforcement

11  officers and, if so, the relief sought; and

12         (f)  If the child custody determination has been

13  registered and confirmed under s. 61.528, the date and place

14  of registration.

15         (3)  Upon the filing of a petition, the court shall

16  issue an order directing the respondent to appear in person

17  with or without the child at a hearing and may enter any order

18  necessary to ensure the safety of the parties and the child.

19  The hearing must be held on the next judicial day after

20  service of the order unless that date is impossible. In that

21  event, the court shall hold the hearing on the first judicial

22  day possible. The court may extend the date of the hearing at

23  the request of the petitioner.

24         (4)  An order issued under subsection (3) must state

25  the time and place of the hearing and advise the respondent

26  that at the hearing the court will order that the petitioner

27  may take immediate physical custody of the child and the

28  payment of fees, costs, and expenses under s. 61.535 and may

29  schedule a hearing to determine whether further relief is

30  appropriate, unless the respondent appears and establishes

31  that:


                                  34

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (a)  The child custody determination has not been

  2  registered and confirmed under s. 61.528 and that:

  3         1.  The issuing court did not have jurisdiction under

  4  ss. 61.514-61.523;

  5         2.  The child custody determination for which

  6  enforcement is sought has been vacated, stayed, or modified by

  7  a court of a state having jurisdiction to do so under ss.

  8  61.514-61.523; or

  9         3.  The respondent was entitled to notice, but notice

10  was not given in accordance with the standards of s. 61.509 in

11  the proceedings before the court that issued the order for

12  which enforcement is sought; or

13         (b)  The child custody determination for which

14  enforcement is sought was registered and confirmed under s.

15  61.528, but has been vacated, stayed, or modified by a court

16  of a state having jurisdiction to do so under ss.

17  61.514-61.523.

18         61.532  Service of petition and order.--Except as

19  otherwise provided in s. 61.534, the petition and order must

20  be served by any method authorized by the laws of this state

21  upon the respondent and any person who has physical custody of

22  the child.

23         61.533  Hearing and order.--

24         (1)  Unless the court enters a temporary emergency

25  order under s. 61.517, upon a finding that a petitioner is

26  entitled to immediate physical custody of the child, the court

27  shall order that the petitioner may take immediate physical

28  custody of the child unless the respondent establishes that:

29         (a)  The child custody determination has not been

30  registered and confirmed under s. 61.528 and that:

31


                                  35

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         1.  The issuing court did not have jurisdiction under

  2  ss. 61.514-61.523;

  3         2.  The child custody determination for which

  4  enforcement is sought has been vacated, stayed, or modified by

  5  a court of a state having jurisdiction to do so under ss.

  6  61.514-61.523; or

  7         3.  The respondent was entitled to notice, but notice

  8  was not given in accordance with the standards of s. 61.509 in

  9  the proceedings before the court that issued the order for

10  which enforcement is sought; or

11         (b)  The child custody determination for which

12  enforcement is sought was registered and confirmed under s.

13  61.528, but has been vacated, stayed, or modified by a court

14  of a state having jurisdiction to do so under ss.

15  61.514-61.523.

16         (2)  The court shall award the fees, costs, and

17  expenses authorized under s. 61.535 and may grant additional

18  relief, including a request for the assistance of law

19  enforcement officers, and set a further hearing to determine

20  whether additional relief is appropriate.

21         (3)  If a party called to testify refuses to answer on

22  the ground that the testimony may be self-incriminating, the

23  court may draw an adverse inference from the refusal.

24         (4)  A privilege against disclosure of communications

25  between spouses and a defense of immunity based on the

26  relationship of husband and wife or parent and child may not

27  be invoked in a proceeding under ss. 61.524-61.540.

28         61.534  Warrant to take physical custody of child.--

29         (1)  Upon the filing of a petition seeking enforcement

30  of a child custody determination, the petitioner may file a

31  verified application for the issuance of a warrant to take


                                  36

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  physical custody of the child if the child is likely to

  2  imminently suffer serious physical harm or removal from this

  3  state.

  4         (2)  If the court, upon the testimony of the petitioner

  5  or other witness, finds that the child is likely to imminently

  6  suffer serious physical harm or removal from this state, it

  7  may issue a warrant to take physical custody of the child. The

  8  petition must be heard on the next judicial day after the

  9  warrant is executed unless that date is impossible. In that

10  event, the court shall hold the hearing on the first judicial

11  day possible. The application for the warrant must include the

12  statements required by s. 61.531(2).

13         (3)  A warrant to take physical custody of a child

14  must:

15         (a)  Recite the facts upon which a conclusion of

16  imminent serious physical harm or removal from the

17  jurisdiction is based;

18         (b)  Direct law enforcement officers to take physical

19  custody of the child immediately; and

20         (c)  Provide for the placement of the child pending

21  final relief.

22         (4)  The respondent must be served with the petition,

23  warrant, and order immediately after the child is taken into

24  physical custody.

25         (5)  A warrant to take physical custody of a child is

26  enforceable throughout this state. If the court finds on the

27  basis of the testimony of the petitioner or other witness that

28  a less intrusive remedy is not effective, it may authorize law

29  enforcement officers to enter private property to take

30  physical custody of the child. If required by exigent

31


                                  37

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  circumstances of the case, the court may authorize law

  2  enforcement officers to make a forcible entry at any hour.

  3         (6)  The court may impose conditions upon placement of

  4  a child to ensure the appearance of the child and the child's

  5  custodian.

  6         61.535  Costs, fees, and expenses.--

  7         (1)  So long as the court has personal jurisdiction

  8  over the party against whom the expenses are being assessed,

  9  the court shall award the prevailing party, including a state,

10  necessary and reasonable expenses incurred by or on behalf of

11  the party, including costs, communication expenses, attorney's

12  fees, investigative fees, expenses for witnesses, travel

13  expenses, and expenses for child care during the course of the

14  proceedings, unless the party from whom fees or expenses are

15  sought establishes that the award would be clearly

16  inappropriate.

17         (2)  The court may not assess fees, costs, or expenses

18  against a state unless authorized by law other than this part.

19         61.536  Recognition and enforcement.--A court of this

20  state shall accord full faith and credit to an order issued by

21  another state and consistent with this part which enforces a

22  child custody determination by a court of another state unless

23  the order has been vacated, stayed, or modified by a court

24  having jurisdiction to do so under ss. 61.514-61.523.

25         61.537  Appeals.--An appeal may be taken from a final

26  order in a proceeding under ss. 61.524-61.640 in accordance

27  with expedited appellate procedures in other civil cases.

28  Unless the court enters a temporary emergency order under s.

29  61.517, the enforcing court may not stay an order enforcing a

30  child custody determination pending appeal.

31         61.538  Role of state attorney.--


                                  38

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1         (1)  In a case arising under this part or involving the

  2  Hague Convention on the Civil Aspects of International Child

  3  Abduction, the state attorney may take any lawful action,

  4  including resort to a proceeding under ss. 61.524-61.540 or

  5  any other available civil proceeding, to locate a child,

  6  obtain the return of a child, or enforce a child custody

  7  determination, if there is:

  8         (a)  An existing child custody determination;

  9         (b)  A request to do so from a court in a pending child

10  custody proceeding;

11         (c)  A reasonable belief that a criminal statute has

12  been violated; or

13         (d)  A reasonable belief that the child has been

14  wrongfully removed or retained in violation of the Hague

15  Convention on the Civil Aspects of International Child

16  Abduction.

17         (2)  A state attorney acting under this section acts on

18  behalf of the court and may not represent any party.

19         61.539  Role of law enforcement officers.--At the

20  request of a state attorney acting under s. 61.538, a law

21  enforcement officer may take any lawful action reasonably

22  necessary to locate a child or a party and assist a state

23  attorney with responsibilities under s. 61.538.

24         61.540  Costs and expenses.--The court may assess

25  against the nonprevailing party all direct expenses and costs

26  incurred by the state attorney and law enforcement officers

27  under s. 61.538 or s. 61.539 so long as the court has personal

28  jurisdiction over the nonprevailing party.

29         61.541  Application and construction.--In applying and

30  construing this part, consideration must be given to the need

31


                                  39

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  to promote uniformity of the law with respect to its subject

  2  matter among states that enact it.

  3         61.542  Transitional provision.--A motion or other

  4  request for relief made in a child custody proceeding or to

  5  enforce a child custody determination that was commenced

  6  before the effective date of this part is governed by the law

  7  in effect at the time the motion or other request was made.

  8         Section 6.  Paragraph (d) of subsection (3), subsection

  9  (4), and paragraph (a) of subsection (7) of section 741.30,

10  Florida Statutes, are amended to read:

11         741.30  Domestic violence; injunction; powers and

12  duties of court and clerk; petition; notice and hearing;

13  temporary injunction; issuance of injunction; statewide

14  verification system; enforcement.--

15         (3)

16         (d)  If the sworn petition seeks to determine issues of

17  custody or visitation with regard to the minor child or

18  children of the parties, the sworn petition shall be

19  accompanied by or shall incorporate the allegations required

20  by s. 61.522 s. 61.132 of the Uniform Child Custody

21  Jurisdiction and Enforcement Act.

22         (4)  Upon the filing of the petition, the court shall

23  set a hearing to be held at the earliest possible time. The

24  respondent shall be personally served with a copy of the

25  petition, financial affidavit, uniform child custody

26  jurisdiction and enforcement act affidavit, if any, notice of

27  hearing, and temporary injunction, if any, prior to the

28  hearing.

29         (7)(a)1.  The clerk of the court shall furnish a copy

30  of the petition, financial affidavit, uniform child custody

31  jurisdiction and enforcement act affidavit, if any, notice of


                                  40

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  hearing, and temporary injunction, if any, to the sheriff or a

  2  law enforcement agency of the county where the respondent

  3  resides or can be found, who shall serve it upon the

  4  respondent as soon thereafter as possible on any day of the

  5  week and at any time of the day or night. The clerk of the

  6  court shall be responsible for furnishing to the sheriff such

  7  information on the respondent's physical description and

  8  location as is required by the department to comply with the

  9  verification procedures set forth in this section.

10  Notwithstanding any other provision of law to the contrary,

11  the chief judge of each circuit, in consultation with the

12  appropriate sheriff, may authorize a law enforcement agency

13  within the jurisdiction to effect service. A law enforcement

14  agency serving injunctions pursuant to this section shall use

15  service and verification procedures consistent with those of

16  the sheriff.

17         2.  When an injunction is issued, if the petitioner

18  requests the assistance of a law enforcement agency, the court

19  may order that an officer from the appropriate law enforcement

20  agency accompany the petitioner and assist in placing the

21  petitioner in possession of the dwelling or residence, or

22  otherwise assist in the execution or service of the

23  injunction. A law enforcement officer shall accept a copy of

24  an injunction for protection against domestic violence,

25  certified by the clerk of the court, from the petitioner and

26  immediately serve it upon a respondent who has been located

27  but not yet served.

28         3.  All orders issued, changed, continued, extended, or

29  vacated subsequent to the original service of documents

30  enumerated under subparagraph 1., shall be certified by the

31  clerk of the court and delivered to the parties at the time of


                                  41

CODING: Words stricken are deletions; words underlined are additions.






                                        CS/HB 549, First Engrossed



  1  the entry of the order.  The parties may acknowledge receipt

  2  of such order in writing on the face of the original order.

  3  In the event a party fails or refuses to acknowledge the

  4  receipt of a certified copy of an order, the clerk shall note

  5  on the original order that service was effected.  If delivery

  6  at the hearing is not possible, the clerk shall mail certified

  7  copies of the order to the parties at the last known address

  8  of each party.  Service by mail is complete upon mailing.

  9  When an order is served pursuant to this subsection, the clerk

10  shall prepare a written certification to be placed in the

11  court file specifying the time, date, and method of service

12  and shall notify the sheriff.

13

14  If the respondent has been served previously with the

15  temporary injunction and has failed to appear at the initial

16  hearing on the temporary injunction, any subsequent petition

17  for injunction seeking an extension of time may be served on

18  the respondent by the clerk of the court by certified mail in

19  lieu of personal service by a law enforcement officer.

20         Section 7.  Sections 61.1302, 61.1304, 61.1306,

21  61.1308, 61.131, 61.1312, 61.1314, 61.1316, 61.1318, 61.132,

22  61.1322, 61.1324, 61.1326, 61.1328, 61.133, 61.1332, 61.1334,

23  61.1336, 61.1338, 61.134, 61.1342, 61.1344, 61.1346, and

24  61.1348, Florida Statutes, are repealed.

25         Section 8.  This act shall take effect October 1, 2002.

26

27

28

29

30

31


                                  42

CODING: Words stricken are deletions; words underlined are additions.