HB 0447 2004
1	A bill to be entitled
2	An act relating to the family court efficiency; creating
3	s. 25.375, F.S.; authorizing the Supreme Court to create a
4	system to identify cases relating to individuals and
5	families within the court system; amending s. 39.013,
6	F.S.; providing for modifying a court order in a
7	subsequent civil proceeding; amending s. 39.0132, F.S.;
8	providing for limited admissibility of evidence in
9	subsequent civil proceedings; amending s. 39.521, F.S.;
10	providing for modifying a court order in a subsequent
11	civil action or proceeding; amending s. 39.814, F.S.;
12	providing for limited admissibility of evidence in
13	subsequent civil proceedings; amending s. 61.13, F.S.;
14	providing for the court to determine matters relating to
15	child support in any proceeding under ch. 61, F.S.;
16	eliminating provisions authorizing the court to award
17	grandparents visitation rights; amending s. 61.21, F.S.;
18	revising the timeframe for completing a parenting course;
19	amending s. 741.30, F.S.; providing for an order of
20	temporary custody, visitation, or support to remain in
21	effect until the court enters an order in a subsequent
22	action; providing for severability; providing an effective
23	date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1. Section 25.375, Florida Statutes, is created to
28	read:
29	25.375 Identification of related cases.--The Supreme Court
30	may create a unique identifier for each person by which to
31	identify all court cases related to that person or his or her
32	family previously or currently in the court system. The unique
33	identifier must be the same for that person in any court case.
34	To create the unique identifier, the court may collect a portion
35	of the person's social security number or other personal
36	identification information, such as the person's date of birth.
37	Until October 2, 2009, the state courts system and the clerk of
38	the court may collect and use a person's social security number
39	solely for the purpose of case management and identification of
40	related cases. Failure to provide a social security number for
41	this purpose may not be grounds to deny any services, rights, or
42	remedies otherwise provided by law.
43	Section 2. Subsection (4) of section 39.013, Florida
44	Statutes, is amended to read:
45	39.013 Procedures and jurisdiction; right to counsel.--
46	(4) Orders entered pursuant to this chapter which affect
47	the placement of, access to, parental time with, or parental
48	responsibility for a minor child The order of the circuit court
49	hearing dependency matters shall be filed by the clerk of the
50	court in any dissolution or other custody action or proceeding
51	and shall take precedence over other custody and visitation
52	orders entered in civil those actions or proceedings. However,
53	if the court has terminated jurisdiction, such order may be
54	subsequently modified by a court of competent jurisdiction in
55	any other civil action or proceeding affecting placement of,
56	access to, parental time with, or parental responsibility for
57	the same minor child.
58	Section 3. Subsection (6) of section 39.0132, Florida
59	Statutes, is amended, and subsection (7) is added to that
60	section, to read:
61	39.0132 Oaths, records, and confidential information.--
62	(6) No court record of proceedings under this chapter
63	shall be admissible in evidence in any other civil or criminal
64	proceeding, except that:
65	(a) Orders permanently terminating the rights of a parent
66	and committing the child to a licensed child-placing agency or
67	the department for adoption shall be admissible in evidence in
68	subsequent adoption proceedings relating to the child.
69	(a)(b)Records of proceedings under this chapter forming a
70	part of the record on appeal shall be used in the appellate
71	court in the manner hereinafter provided.
72	(b)(c)Records necessary therefor shall be admissible in
73	evidence in any case in which a person is being tried upon a
74	charge of having committed perjury.
75	(c)(d)Records of proceedings under this chapter may be
76	used to prove disqualification pursuant to s. 435.06 and for
77	proof regarding such disqualification in a chapter 120
78	proceeding.
79	(d) A final order entered pursuant to an adjudicatory
80	hearing is admissible in evidence in any subsequent civil
81	proceeding relating to placement of, access to, parental time
82	with, or parental responsibility for the same child or a sibling
83	of that child.
84	(e) Evidence admitted in any proceeding under this chapter
85	may be admissible in evidence when offered by any party in a
86	subsequent civil proceeding relating to placement of, access to,
87	parental time with, or parental responsibility for the same
88	child or a sibling of that child if:
89	1. Notice is given to the opposing party or opposing
90	party's counsel of the intent to offer the evidence and a copy
91	of such evidence is delivered to the opposing party or the
92	opposing party's counsel.
93	2. The evidence is otherwise admissible in the subsequent
94	civil proceeding.
95	(e) Orders permanently and involuntarily terminating the
96	rights of a parent shall be admissible as evidence in subsequent
97	termination of parental rights proceedings for a sibling of the
98	child for whom parental rights were terminated.
99	(7) Final orders, records, and evidence in any proceeding
100	under this chapter which are subsequently admitted in evidence
101	pursuant to subsection (6) remain subject to subsections (3) and
102	(4).
103	Section 4. Subsection (3) of section 39.521, Florida
104	Statutes, is amended to read:
105	39.521 Disposition hearings; powers of disposition.--
106	(3) When any child is adjudicated by a court to be
107	dependent, the court shall determine the appropriate placement
108	for the child as follows:
109	(a) If the court determines that the child can safely
110	remain in the home with the parent with whom the child was
111	residing at the time the events or conditions arose that brought
112	the child within the jurisdiction of the court and that
113	remaining in this home is in the best interest of the child,
114	then the court shall order conditions under which the child may
115	remain or return to the home and that this placement be under
116	the protective supervision of the department for not less than 6
117	months.
118	(b) If there is a parent with whom the child was not
119	residing at the time the events or conditions arose that brought
120	the child within the jurisdiction of the court who desires to
121	assume custody of the child, the court shall place the child
122	with that parent upon completion of a home study, unless the
123	court finds that such placement would endanger the safety, well-
124	being, or physical, mental, or emotional health of the child.
125	Any party with knowledge of the facts may present to the court
126	evidence regarding whether the placement will endanger the
127	safety, well-being, or physical, mental, or emotional health of
128	the child. If the court places the child with such parent, it
129	may do either of the following:
130	1. Order that the parent assume sole custodial
131	responsibilities for the child. The court may also provide for
132	reasonable visitation by the noncustodial parent. The court may
133	then terminate its jurisdiction over the child. The custody
134	order shall take precedence over other orders that affect
135	placement of, access to, parental time with, or parental
136	responsibility for a minor child continue unless modified by a
137	subsequent order of the circuit court hearing dependency
138	matters. The order of the circuit court hearing dependency
139	matters shall be filed in any dissolution or other custody
140	action or proceeding between the parents and shall take
141	precedence over other custody and visitation orders entered in
142	civil those actions or proceedings. However, if the court
143	terminates jurisdiction, such orders may be subsequently
144	modified by a court of competent jurisdiction in any other civil
145	action or proceeding affecting placement of, access to, parental
146	time with, or parental responsibility for the same minor child.
147	2. Order that the parent assume custody subject to the
148	jurisdiction of the circuit court hearing dependency matters.
149	The court may order that reunification services be provided to
150	the parent from whom the child has been removed, that services
151	be provided solely to the parent who is assuming physical
152	custody in order to allow that parent to retain later custody
153	without court jurisdiction, or that services be provided to both
154	parents, in which case the court shall determine at every review
155	hearing which parent, if either, shall have custody of the
156	child. The standard for changing custody of the child from one
157	parent to another or to a relative or another adult approved by
158	the court shall be the best interest of the child.
159	(c) If no fit parent is willing or available to assume
160	care and custody of the child, place the child in the temporary
161	legal custody of an adult relative or other adult approved by
162	the court who is willing to care for the child, under the
163	protective supervision of the department. The department must
164	supervise this placement until the child reaches permanency
165	status in this home, and in no case for a period of less than 6
166	months. Permanency in a relative placement shall be by adoption,
167	long-term custody, or guardianship.
168	(d) If the child cannot be safely placed in a nonlicensed
169	placement, the court shall commit the child to the temporary
170	legal custody of the department. Such commitment invests in the
171	department all rights and responsibilities of a legal custodian.
172	The department shall not return any child to the physical care
173	and custody of the person from whom the child was removed,
174	except for court-approved visitation periods, without the
175	approval of the court. The term of such commitment continues
176	until terminated by the court or until the child reaches the age
177	of 18. After the child is committed to the temporary legal
178	custody of the department, all further proceedings under this
179	section are governed by this chapter.
180
181	Protective supervision continues until the court terminates it
182	or until the child reaches the age of 18, whichever date is
183	first. Protective supervision shall be terminated by the court
184	whenever the court determines that permanency has been achieved
185	for the child, whether with a parent, another relative, or a
186	legal custodian, and that protective supervision is no longer
187	needed. The termination of supervision may be with or without
188	retaining jurisdiction, at the court's discretion, and shall in
189	either case be considered a permanency option for the child. The
190	order terminating supervision by the department shall set forth
191	the powers of the custodian of the child and shall include the
192	powers ordinarily granted to a guardian of the person of a minor
193	unless otherwise specified. Upon the court's termination of
194	supervision by the department, no further judicial reviews are
195	required, so long as permanency has been established for the
196	child.
197	Section 5. Subsection (6) of section 39.814, Florida
198	Statutes, is amended, and subsection (7) is added to that
199	section, to read:
200	39.814 Oaths, records, and confidential information.--
201	(6) No court record of proceedings under this part shall
202	be admissible in evidence in any other civil or criminal
203	proceeding, except that:
204	(a) Orders terminating the rights of a parent are
205	admissible in evidence in subsequent adoption proceedings
206	relating to the child and in subsequent termination of parental
207	rights proceedings concerning a sibling of the child.
208	(a)(b)Records of proceedings under this part forming a
209	part of the record on appeal shall be used in the appellate
210	court in the manner hereinafter provided.
211	(b)(c)Records necessary therefor shall be admissible in
212	evidence in any case in which a person is being tried upon a
213	charge of having committed perjury.
214	(c) A final order entered pursuant to an adjudicatory
215	hearing is admissible in evidence in any subsequent civil
216	proceeding relating to placement of, access to, parental time
217	with, or parental responsibility for the same child or a sibling
218	of that child.
219	(d) Evidence admitted in any proceeding under this part
220	may be admissible in evidence when offered by any party in a
221	subsequent civil proceeding relating to placement of, access to,
222	parental time with, or parental responsibility for the same
223	child or a sibling of that child if:
224	1. Notice is given to the opposing party or opposing
225	party's counsel of the intent to offer the evidence and a copy
226	of such evidence is delivered to the opposing party or opposing
227	party's counsel.
228	2. The evidence is otherwise admissible in the subsequent
229	civil proceeding.
230	(7) Final orders, records, and evidence in any proceeding
231	under this part which are subsequently admitted in evidence
232	pursuant to subsection (6) remain subject to subsections (3) and
233	(4).
234	Section 6. Paragraph (a) of subsection (1) and paragraph
235	(b) of subsection (2) of section 61.13, Florida Statutes, are
236	amended to read:
237	61.13 Custody and support of children; visitation rights;
238	power of court in making orders.--
239	(1)(a) In a proceeding under this chapter for dissolution
240	of marriage, the court has jurisdiction to determine all matters
241	relating to child may at any time order either or both parents
242	who owe a duty of support to a child to paysupport in
243	accordance with the guidelines in s. 61.30. The court initially
244	entering an order requiring one or both parents to make child
245	support payments shall have continuing jurisdiction after the
246	entry of the initial order to modify the amount and terms and
247	conditions of the child support payments when the modification
248	is found necessary by the court in the best interests of the
249	child, when the child reaches majority, or when there is a
250	substantial change in the circumstances of the parties. The
251	court initially entering a child support order shall also have
252	continuing jurisdiction to require the obligee to report to the
253	court on terms prescribed by the court regarding the disposition
254	of the child support payments.
255	(2)
256	(b)1. The court shall determine all matters relating to
257	custody of each minor child of the parties in accordance with
258	the best interests of the child and in accordance with the
259	Uniform Child Custody Jurisdiction and Enforcement Act. It is
260	the public policy of this state to assure that each minor child
261	has frequent and continuing contact with both parents after the
262	parents separate or the marriage of the parties is dissolved and
263	to encourage parents to share the rights and responsibilities,
264	and joys, of childrearing. After considering all relevant facts,
265	the father of the child shall be given the same consideration as
266	the mother in determining the primary residence of a child
267	irrespective of the age or sex of the child.
268	2. The court shall order that the parental responsibility
269	for a minor child be shared by both parents unless the court
270	finds that shared parental responsibility would be detrimental
271	to the child. Evidence that a parent has been convicted of a
272	felony of the third degree or higher involving domestic
273	violence, as defined in s. 741.28 and chapter 775, or meets the
274	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
275	detriment to the child. If the presumption is not rebutted,
276	shared parental responsibility, including visitation, residence
277	of the child, and decisions made regarding the child, may not be
278	granted to the convicted parent. However, the convicted parent
279	is not relieved of any obligation to provide financial support.
280	If the court determines that shared parental responsibility
281	would be detrimental to the child, it may order sole parental
282	responsibility and make such arrangements for visitation as will
283	best protect the child or abused spouse from further harm.
284	Whether or not there is a conviction of any offense of domestic
285	violence or child abuse or the existence of an injunction for
286	protection against domestic violence, the court shall consider
287	evidence of domestic violence or child abuse as evidence of
288	detriment to the child.
289	a. In ordering shared parental responsibility, the court
290	may consider the expressed desires of the parents and may grant
291	to one party the ultimate responsibility over specific aspects
292	of the child's welfare or may divide those responsibilities
293	between the parties based on the best interests of the child.
294	Areas of responsibility may include primary residence,
295	education, medical and dental care, and any other
296	responsibilities that the court finds unique to a particular
297	family.
298	b. The court shall order "sole parental responsibility,
299	with or without visitation rights, to the other parent when it
300	is in the best interests of" the minor child.
301	c. The court may award the grandparents visitation rights
302	with a minor child if it is in the child's best interest.
303	Grandparents have legal standing to seek judicial enforcement of
304	such an award.This section does not require that grandparents
305	be made parties toor given notice of dissolution pleadings or
306	proceedings. A court may not order that a child be kept within
307	the state or jurisdiction of the court solely for the purpose of
308	permitting visitation by the grandparents.
309	3. Access to records and information pertaining to a minor
310	child, including, but not limited to, medical, dental, and
311	school records, may not be denied to a parent because the parent
312	is not the child's primary residential parent. Full rights under
313	this subparagraph apply to either parent unless a court order
314	specifically revokes these rights, including any restrictions on
315	these rights as provided in a domestic violence injunction. A
316	parent having rights under this subparagraph has the same rights
317	upon request as to form, substance, and manner of access as are
318	available to the other parent of a child, including, without
319	limitation, the right to in-person communication with medical,
320	dental, and education providers.
321	Section 7. Subsections (3) and (4) of section 61.21,
322	Florida Statutes, are amended to read:
323	61.21 Parenting course authorized; fees; required
324	attendance authorized; contempt.--
325	(3) All parties to a dissolution of marriage proceeding
326	with minor children or a paternity action that whichinvolves
327	issues of parental responsibility shall be required to complete
328	the Parent Education and Family Stabilization Course prior to
329	the entry by the court of a final judgment. The court may excuse
330	a party from attending the parenting course or meeting the
331	required timeframe for completing the coursefor good cause.
332	(4) All parties required to complete a parenting course
333	under this section shall begin the course as expeditiously as
334	possible after filing for dissolution of marriage or paternity.
335	Unless excused by the court pursuant to subsection (3), the
336	petitioner in the action must complete the course within 45 days
337	after filing the petition and all other parties to the action
338	must complete the course within 45 days after service of the
339	petition. Each party andshall file proof of compliance with the
340	court prior to the entry of the final judgment.
341	Section 8. Paragraph (a) of subsection (5) and paragraph
342	(a) of subsection (6) of section 741.30, Florida Statutes, are
343	amended to read:
344	741.30 Domestic violence; injunction; powers and duties of
345	court and clerk; petition; notice and hearing; temporary
346	injunction; issuance of injunction; statewide verification
347	system; enforcement.--
348	(5)(a) When it appears to the court that an immediate and
349	present danger of domestic violence exists, the court may grant
350	a temporary injunction ex parte, pending a full hearing, and may
351	grant such relief as the court deems proper, including an
352	injunction:
353	1. Restraining the respondent from committing any acts of
354	domestic violence.
355	2. Awarding to the petitioner the temporary exclusive use
356	and possession of the dwelling that the parties share or
357	excluding the respondent from the residence of the petitioner.
358	3. On the same basis as provided in s. 61.13 s.
359	61.13(2),(3), (4), and (5), granting to the petitioner temporary
360	custody of a minor child or children. An order of temporary
361	custody remains in effect until the order expires or an order is
362	entered by a court of competent jurisdiction in a pending or
363	subsequent civil action or proceeding affecting the placement
364	of, access to, parental time with, or parental responsibility
365	for the minor child.
366	(6)(a) Upon notice and hearing, when it appears to the
367	court that the petitioner is either the victim of domestic
368	violence as defined by s. 741.28 or has reasonable cause to
369	believe he or she is in imminent danger of becoming a victim of
370	domestic violence, the court may grant such relief as the court
371	deems proper, including an injunction:
372	1. Restraining the respondent from committing any acts of
373	domestic violence.
374	2. Awarding to the petitioner the exclusive use and
375	possession of the dwelling that the parties share or excluding
376	the respondent from the residence of the petitioner.
377	3. On the same basis as provided in chapter 61, awarding
378	temporary custody of, or temporary visitation rights with regard
379	to, a minor child or children of the parties. An order of
380	temporary custody or visitation remains in effect until the
381	order expires or an order is entered by a court of competent
382	jurisdiction in a pending or subsequent civil action or
383	proceeding affecting the placement of, access to, parental time
384	with, or parental responsibility for the minor child.
385	4. On the same basis as provided in chapter 61,
386	establishing temporary support for a minor child or children or
387	the petitioner. An order of temporary support remains in effect
388	until the order expires or an order is entered by a court of
389	competent jurisdiction in a pending or subsequent civil action
390	or proceeding affecting child support.
391	5. Ordering the respondent to participate in treatment,
392	intervention, or counseling services to be paid for by the
393	respondent. When the court orders the respondent to participate
394	in a batterers' intervention program, the court, or any entity
395	designated by the court, must provide the respondent with a list
396	of all certified batterers' intervention programs and all
397	programs which have submitted an application to the Department
398	of Children and Family Services Correctionsto become certified
399	under s. 741.32 s. 741.325, from which the respondent must
400	choose a program in which to participate. If there are no
401	certified batterers' intervention programs in the circuit, the
402	court shall provide a list of acceptable programs from which the
403	respondent must choose a program in which to participate.
404	6. Referring a petitioner to a certified domestic violence
405	center. The court must provide the petitioner with a list of
406	certified domestic violence centers in the circuit which the
407	petitioner may contact.
408	7. Ordering such other relief as the court deems necessary
409	for the protection of a victim of domestic violence, including
410	injunctions or directives to law enforcement agencies, as
411	provided in this section.
412	Section 9. If any provision of this act or its application
413	to any person or circumstance is held invalid, the invalidity
414	does not affect other provisions or applications of the act
415	which can be given effect without the invalid provision or
416	application, and to this end the provisions of this act are
417	severable.
418	Section 10. This act shall take effect July 1, 2004.