HB 0447

CS

CHAMBER ACTION

1	The Committee on Judiciary recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to the family court efficiency; creating
7	s. 25.375, F.S.; authorizing the Supreme Court to create a
8	system to identify cases relating to individuals and
9	families within the court system; amending s. 39.013,
10	F.S.; providing for precedence of certain court orders;
11	for providing for modifying a court order in certain civil
12	proceeding subsequent to a court terminating jurisdiction;
13	amending ss. 39.0132 and 39.814, F.S.; providing for
14	limited admissibility of evidence in certain civil
15	proceedings subsequent to an order entered after an
16	adjudicatory hearing; amending s. 61.13, F.S.; authorizing
17	the court to order payment of child support in any
18	proceeding under ch. 61, F.S.; eliminating provisions
19	authorizing the court to award grandparents visitation
20	rights; eliminating provisions giving grandparents equal
21	standing as parents for evaluating custody arrangements;
22	amending s. 61.21, F.S.; revising the timeframe for
23	completing a parenting course; amending s. 741.30, F.S.;
24	providing for an order of temporary custody, visitation,
25	or support to remain in effect until the court enters an
26	order in a subsequent action; correcting a reference;
27	amending ss. 61.1827 and 409.2579, F.S.; correcting cross
28	references; providing for severability; providing an
29	effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 25.375, Florida Statutes, is created to
34	read:
35	25.375  Identification of related cases.--The Supreme Court
36	may create a unique identifier for each person by which to
37	identify all court cases related to that person or his or her
38	family previously or currently in the court system. The unique
39	identifier must be the same for that person in any court case.
40	To create the unique identifier, the court may collect a portion
41	of the person's social security number or other personal
42	identification information, such as the person's date of birth.
43	Until October 2, 2009, the state courts system and the clerk of
44	the court may collect and use a portion of a person's social
45	security number solely for the purpose of case management and
46	identification of related cases. Failure to provide a portion of
47	a social security number for this purpose may not be grounds to
48	deny any services, rights, or remedies otherwise provided by
49	law.
50	Section 2.  Subsection (4) of section 39.013, Florida
51	Statutes, is amended to read:
52	39.013  Procedures and jurisdiction; right to counsel.--
53	(4)  Orders entered pursuant to this chapter that affect
54	the placement of, access to, parental time with, adoption of, or
55	parental rights and responsibilities for a minor child The order
56	of the circuit court hearing dependency matters shall be filed
57	by the clerk of the court in any dissolution or other custody
58	action or proceeding and shall take precedence over other
59	custody and visitation orders entered in civil those actions or
60	proceedings. However, if the court has terminated jurisdiction,
61	such order may be subsequently modified by a court of competent
62	jurisdiction in any other civil action or proceeding affecting
63	placement of, access to, parental time with, adoption of, or
64	parental rights and responsibilities for the same minor child
65	using the legal standard applicable in the subsequent
66	proceeding.
67	Section 3.  Subsection (6) of section 39.0132, Florida
68	Statutes, is amended, and subsection (7) is added to said
69	section, to read:
70	39.0132  Oaths, records, and confidential information.--
71	(6)  No court record of proceedings under this chapter
72	shall be admissible in evidence in any other civil or criminal
73	proceeding, except that:
74	(a)  Orders permanently terminating the rights of a parent
75	and committing the child to a licensed child-placing agency or
76	the department for adoption shall be admissible in evidence in
77	subsequent adoption proceedings relating to the child.
78	(a)(b)  Records of proceedings under this chapter forming a
79	part of the record on appeal shall be used in the appellate
80	court in the manner hereinafter provided.
81	(b)(c)  Records necessary therefor shall be admissible in
82	evidence in any case in which a person is being tried upon a
83	charge of having committed perjury.
84	(c)(d)  Records of proceedings under this chapter may be
85	used to prove disqualification pursuant to s. 435.06 and for
86	proof regarding such disqualification in a chapter 120
87	proceeding.
88	(d)  A final order entered pursuant to an adjudicatory
89	hearing is admissible in evidence in any subsequent civil
90	proceeding relating to placement of, access to, parental time
91	with, adoption of, or parental rights and responsibilities for
92	the same child or a sibling of that child.
93	(e)  Evidence admitted in any proceeding under this chapter
94	may be admissible in evidence when offered by any party in a
95	subsequent civil proceeding relating to placement of, access to,
96	parental time with, adoption of, or parental rights and
97	responsibilities for the same child or a sibling of that child
98	if:
99	1.  Notice is given to the opposing party or the opposing
100	party's counsel of the intent to offer the evidence and a copy
101	of such evidence is delivered to the opposing party or the
102	opposing party's counsel; and
103	2.  The evidence is otherwise admissible in the subsequent
104	civil proceeding.
105	(e)  Orders permanently and involuntarily terminating the
106	rights of a parent shall be admissible as evidence in subsequent
107	termination of parental rights proceedings for a sibling of the
108	child for whom parental rights were terminated.
109	(7)  Final orders, records, and evidence in any proceeding
110	under this chapter that are subsequently admitted in evidence
111	pursuant to subsection (6) remain subject to subsections (3) and
112	(4).
113	Section 4.  Subsection (6) of section 39.814, Florida
114	Statutes, is amended, and subsection (7) is added to said
115	section, to read:
116	39.814  Oaths, records, and confidential information.--
117	(6)  No court record of proceedings under this part shall
118	be admissible in evidence in any other civil or criminal
119	proceeding, except that:
120	(a)  Orders terminating the rights of a parent are
121	admissible in evidence in subsequent adoption proceedings
122	relating to the child and in subsequent termination of parental
123	rights proceedings concerning a sibling of the child.
124	(a)(b)  Records of proceedings under this part forming a
125	part of the record on appeal shall be used in the appellate
126	court in the manner hereinafter provided.
127	(b)(c)  Records necessary therefor shall be admissible in
128	evidence in any case in which a person is being tried upon a
129	charge of having committed perjury.
130	(c)  A final order entered pursuant to an adjudicatory
131	hearing is admissible in evidence in any subsequent civil
132	proceeding relating to placement of, access to, parental time
133	with, adoption of, or parental rights and responsibilities for
134	the same child or a sibling of that child.
135	(d)  Evidence admitted in any proceeding under this part
136	may be admissible in evidence when offered by any party in a
137	subsequent civil proceeding relating to placement of, access to,
138	parental time with, adoption of, or parental rights and
139	responsibilities for the same child or a sibling of that child
140	if:
141	1.  Notice is given to the opposing party or the opposing
142	party's counsel of the intent to offer the evidence and a copy
143	of such evidence is delivered to the opposing party or the
144	opposing party's counsel; and
145	2.  The evidence is otherwise admissible in the subsequent
146	civil proceeding.
147	(7)  Final orders, records, and evidence in any proceeding
148	under this part that are subsequently admitted in evidence
149	pursuant to subsection (6) remain subject to subsections (3) and
150	(4).
151	Section 5.  Paragraph (a) of subsection (1), paragraph (b)
152	of subsection (2), and subsections (7) through (10) of section
153	61.13, Florida Statutes, are amended to read:
154	61.13  Custody and support of children; visitation rights;
155	power of court in making orders.--
156	(1)(a)  In a proceeding under this chapter for dissolution
157	of marriage, the court may at any time order either or both
158	parents who owe a duty of support to a child to pay support in
159	accordance with the guidelines in s. 61.30. The court initially
160	entering an order requiring one or both parents to make child
161	support payments shall have continuing jurisdiction after the
162	entry of the initial order to modify the amount and terms and
163	conditions of the child support payments when the modification
164	is found necessary by the court in the best interests of the
165	child, when the child reaches majority, or when there is a
166	substantial change in the circumstances of the parties.  The
167	court initially entering a child support order shall also have
168	continuing jurisdiction to require the obligee to report to the
169	court on terms prescribed by the court regarding the disposition
170	of the child support payments.
171	(2)
172	(b)1.  The court shall determine all matters relating to
173	custody of each minor child of the parties in accordance with
174	the best interests of the child and in accordance with the
175	Uniform Child Custody Jurisdiction and Enforcement Act. It is
176	the public policy of this state to assure that each minor child
177	has frequent and continuing contact with both parents after the
178	parents separate or the marriage of the parties is dissolved and
179	to encourage parents to share the rights and responsibilities,
180	and joys, of childrearing. After considering all relevant facts,
181	the father of the child shall be given the same consideration as
182	the mother in determining the primary residence of a child
183	irrespective of the age or sex of the child.
184	2.  The court shall order that the parental responsibility
185	for a minor child be shared by both parents unless the court
186	finds that shared parental responsibility would be detrimental
187	to the child. Evidence that a parent has been convicted of a
188	felony of the third degree or higher involving domestic
189	violence, as defined in s. 741.28 and chapter 775, or meets the
190	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
191	detriment to the child. If the presumption is not rebutted,
192	shared parental responsibility, including visitation, residence
193	of the child, and decisions made regarding the child, may not be
194	granted to the convicted parent. However, the convicted parent
195	is not relieved of any obligation to provide financial support.
196	If the court determines that shared parental responsibility
197	would be detrimental to the child, it may order sole parental
198	responsibility and make such arrangements for visitation as will
199	best protect the child or abused spouse from further harm.
200	Whether or not there is a conviction of any offense of domestic
201	violence or child abuse or the existence of an injunction for
202	protection against domestic violence, the court shall consider
203	evidence of domestic violence or child abuse as evidence of
204	detriment to the child.
205	a.  In ordering shared parental responsibility, the court
206	may consider the expressed desires of the parents and may grant
207	to one party the ultimate responsibility over specific aspects
208	of the child's welfare or may divide those responsibilities
209	between the parties based on the best interests of the child.
210	Areas of responsibility may include primary residence,
211	education, medical and dental care, and any other
212	responsibilities that the court finds unique to a particular
213	family.
214	b.  The court shall order "sole parental responsibility,
215	with or without visitation rights, to the other parent when it
216	is in the best interests of" the minor child.
217	c.  The court may award the grandparents visitation rights
218	with a minor child if it is in the child's best interest.
219	Grandparents have legal standing to seek judicial enforcement of
220	such an award. This section does not require that grandparents
221	be made parties or given notice of dissolution pleadings or
222	proceedings. A court may not order that a child be kept within
223	the state or jurisdiction of the court solely for the purpose of
224	permitting visitation by the grandparents.
225	3.  Access to records and information pertaining to a minor
226	child, including, but not limited to, medical, dental, and
227	school records, may not be denied to a parent because the parent
228	is not the child's primary residential parent. Full rights under
229	this subparagraph apply to either parent unless a court order
230	specifically revokes these rights, including any restrictions on
231	these rights as provided in a domestic violence injunction. A
232	parent having rights under this subparagraph has the same rights
233	upon request as to form, substance, and manner of access as are
234	available to the other parent of a child, including, without
235	limitation, the right to in-person communication with medical,
236	dental, and education providers.
237	(7)  In any case where the child is actually residing with
238	a grandparent in a stable relationship, whether the court has
239	awarded custody to the grandparent or not, the court may
240	recognize the grandparents as having the same standing as
241	parents for evaluating what custody arrangements are in the best
242	interest of the child.
243	(7)(8)  If the court orders that parental responsibility,
244	including visitation, be shared by both parents, the court may
245	not deny the noncustodial parent overnight contact and access to
246	or visitation with the child solely because of the age or sex of
247	the child.
248	(8)(9)(a)  Beginning July 1, 1997, each party to any
249	paternity or support proceeding is required to file with the
250	tribunal as defined in s. 88.1011(22) and State Case Registry
251	upon entry of an order, and to update as appropriate,
252	information on location and identity of the party, including
253	social security number, residential and mailing addresses,
254	telephone number, driver's license number, and name, address,
255	and telephone number of employer. Beginning October 1, 1998,
256	each party to any paternity or child support proceeding in a
257	non-Title IV-D case shall meet the above requirements for
258	updating the tribunal and State Case Registry.
259	(b)  Pursuant to the federal Personal Responsibility and
260	Work Opportunity Reconciliation Act of 1996, each party is
261	required to provide his or her social security number in
262	accordance with this section. Disclosure of social security
263	numbers obtained through this requirement shall be limited to
264	the purpose of administration of the Title IV-D program for
265	child support enforcement.
266	(c)  Beginning July 1, 1997, in any subsequent Title IV-D
267	child support enforcement action between the parties, upon
268	sufficient showing that diligent effort has been made to
269	ascertain the location of such a party, the court of competent
270	jurisdiction shall deem state due process requirements for
271	notice and service of process to be met with respect to the
272	party, upon delivery of written notice to the most recent
273	residential or employer address filed with the tribunal and
274	State Case Registry pursuant to paragraph (a). Beginning October
275	1, 1998, in any subsequent non-Title IV-D child support
276	enforcement action between the parties, the same requirements
277	for service shall apply.
278	(9)(10)  At the time an order for child support is entered,
279	each party is required to provide his or her social security
280	number and date of birth to the court, as well as the name, date
281	of birth, and social security number of each minor child that is
282	the subject of such child support order. Pursuant to the federal
283	Personal Responsibility and Work Opportunity Reconciliation Act
284	of 1996, each party is required to provide his or her social
285	security number in accordance with this section. All social
286	security numbers required by this section shall be provided by
287	the parties and maintained by the depository as a separate
288	attachment in the file. Disclosure of social security numbers
289	obtained through this requirement shall be limited to the
290	purpose of administration of the Title IV-D program for child
291	support enforcement.
292	Section 6.  Subsections (3) and (4) of section 61.21,
293	Florida Statutes, are amended to read:
294	61.21  Parenting course authorized; fees; required
295	attendance authorized; contempt.--
296	(3)  All parties to a dissolution of marriage proceeding
297	with minor children or a paternity action that which involves
298	issues of parental responsibility shall be required to complete
299	the Parent Education and Family Stabilization Course prior to
300	the entry by the court of a final judgment. The court may excuse
301	a party from attending the parenting course or meeting the
302	required timeframe for completing the course for good cause.
303	(4)  All parties required to complete a parenting course
304	under this section shall begin the course as expeditiously as
305	possible after filing for dissolution of marriage or paternity.
306	Unless excused by the court pursuant to subsection (3), the
307	petitioner in the action must complete the course within 45 days
308	after filing the petition, and all other parties to the action
309	must complete the course within 45 days after service of the
310	petition. Each party and shall file proof of compliance with the
311	court prior to the entry of the final judgment.
312	Section 7.  Paragraph (a) of subsection (5) and paragraph
313	(a) of subsection (6) of section 741.30, Florida Statutes, are
314	amended to read:
315	741.30  Domestic violence; injunction; powers and duties of
316	court and clerk; petition; notice and hearing; temporary
317	injunction; issuance of injunction; statewide verification
318	system; enforcement.--
319	(5)(a)  When it appears to the court that an immediate and
320	present danger of domestic violence exists, the court may grant
321	a temporary injunction ex parte, pending a full hearing, and may
322	grant such relief as the court deems proper, including an
323	injunction:
324	1.  Restraining the respondent from committing any acts of
325	domestic violence.
326	2.  Awarding to the petitioner the temporary exclusive use
327	and possession of the dwelling that the parties share or
328	excluding the respondent from the residence of the petitioner.
329	3.  On the same basis as provided in s. 61.13(2),(3), (4),
330	and (5), granting to the petitioner temporary custody of a minor
331	child or children. An order of temporary custody remains in
332	effect until the order expires or an order is entered by a court
333	of competent jurisdiction in a pending or subsequent civil
334	action or proceeding affecting the placement of, access to,
335	parental time with, adoption of, or parental rights and
336	responsibilities for the minor child.
337	(6)(a)  Upon notice and hearing, when it appears to the
338	court that the petitioner is either the victim of domestic
339	violence as defined by s. 741.28 or has reasonable cause to
340	believe he or she is in imminent danger of becoming a victim of
341	domestic violence, the court may grant such relief as the court
342	deems proper, including an injunction:
343	1.  Restraining the respondent from committing any acts of
344	domestic violence.
345	2.  Awarding to the petitioner the exclusive use and
346	possession of the dwelling that the parties share or excluding
347	the respondent from the residence of the petitioner.
348	3.  On the same basis as provided in chapter 61, awarding
349	temporary custody of, or temporary visitation rights with regard
350	to, a minor child or children of the parties. An order of
351	temporary custody or visitation remains in effect until the
352	order expires or an order is entered by a court of competent
353	jurisdiction in a pending or subsequent civil action or
354	proceeding affecting the placement of, access to, parental time
355	with, adoption of, or parental rights and responsibilities for
356	the minor child.
357	4.  On the same basis as provided in chapter 61,
358	establishing temporary support for a minor child or children or
359	the petitioner. An order of temporary support remains in effect
360	until the order expires or an order is entered by a court of
361	competent jurisdiction in a pending or subsequent civil action
362	or proceeding affecting child support.
363	5.  Ordering the respondent to participate in treatment,
364	intervention, or counseling services to be paid for by the
365	respondent. When the court orders the respondent to participate
366	in a batterers' intervention program, the court, or any entity
367	designated by the court, must provide the respondent with a list
368	of all certified batterers' intervention programs and all
369	programs which have submitted an application to the Department
370	of Children and Family Services Corrections to become certified
371	under s. 741.32 741.325, from which the respondent must choose a
372	program in which to participate. If there are no certified
373	batterers' intervention programs in the circuit, the court shall
374	provide a list of acceptable programs from which the respondent
375	must choose a program in which to participate.
376	6.  Referring a petitioner to a certified domestic violence
377	center. The court must provide the petitioner with a list of
378	certified domestic violence centers in the circuit which the
379	petitioner may contact.
380	7.  Ordering such other relief as the court deems necessary
381	for the protection of a victim of domestic violence, including
382	injunctions or directives to law enforcement agencies, as
383	provided in this section.
384	Section 8.  Paragraph (b) of subsection (1) of section
385	61.1827, Florida Statutes, is amended to read:
386	61.1827  Identifying information concerning applicants for
387	and recipients of child support services.--
388	(1)  Any information that reveals the identity of
389	applicants for or recipients of child support services,
390	including the name, address, and telephone number of such
391	persons, in the possession of a non-Title IV-D county child
392	support enforcement agency is confidential and exempt from
393	public disclosure pursuant to s. 119.07(1) and s. 24(a) of Art.
394	I of the State Constitution. The use or disclosure of such
395	information by the non-Title IV-D county child support
396	enforcement agency is limited to the purposes directly connected
397	with:
398	(b)  Mandatory disclosure of identifying and location
399	information as provided in s. 61.13(8)(9) by the non-Title IV-D
400	county child support enforcement agency when providing non-Title
401	IV-D services; or
402	Section 9.  Paragraph (e) of subsection (1) of section
403	409.2579, Florida Statutes, is amended to read:
404	409.2579  Safeguarding Title IV-D case file information.--
405	(1)  Information concerning applicants for or recipients of
406	Title IV-D child support services is confidential and exempt
407	from the provisions of s. 119.07(1). The use or disclosure of
408	such information by the IV-D program is limited to purposes
409	directly connected with:
410	(e)  Mandatory disclosure of identifying and location
411	information as provided in s. 61.13(8)(9) by the IV-D program
412	when providing Title IV-D services.
413	Section 10.  If any provision of this act or its
414	application to any person or circumstance is held invalid, the
415	invalidity does not affect other provisions or applications of
416	the act which can be given effect without the invalid provision
417	or application, and to this end the provisions of this act are
418	severable.
419	Section 11.  This act shall take effect July 1, 2004.

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