HB 0447

CS

CHAMBER ACTION

1	The Committee on Future of Florida's Families recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the family court efficiency; creating
8	s. 25.375, F.S.; authorizing the Supreme Court to create a
9	system to identify cases relating to individuals and
10	families within the court system; amending s. 39.013,
11	F.S.; providing for precedence of certain court orders;
12	providing for modifying a court order in certain civil
13	proceedings subsequent to a court terminating
14	jurisdiction; amending ss. 39.0132 and 39.814, F.S.;
15	providing for limited admissibility of evidence in certain
16	civil proceedings subsequent to an order entered after an
17	adjudicatory hearing; amending s. 39.521, F.S.; deleting a
18	provision relating to the continuing nature of certain
19	custody orders; deleting a provision relating to the
20	filing and precedence of certain subsequent custody
21	orders; amending s. 61.13, F.S.; authorizing the court to
22	order payment of child support in any proceeding under ch.
23	61, F.S.; deleting provisions authorizing the court to
24	award grandparents visitation rights; deleting provisions
25	giving grandparents standing equal to that of parents for
26	the purpose of evaluating custody arrangements; amending
27	s. 61.21, F.S.; revising the timeframe for completing a
28	parenting course; amending s. 741.30, F.S.; providing for
29	an order of temporary custody, visitation, or support to
30	remain in effect until the court enters an order in a
31	subsequent action; correcting a reference; amending ss.
32	61.1827 and 409.2579, F.S.; correcting cross references;
33	providing for severability; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  Section 25.375, Florida Statutes, is created to
38	read:
39	25.375  Identification of related cases.--The Supreme Court
40	may create a unique identifier for each person by which to
41	identify all court cases related to that person or his or her
42	family previously or currently in the court system. The unique
43	identifier must be the same for that person in any court case.
44	To create the unique identifier, the court may collect a portion
45	of the person's social security number or other personal
46	identification information, such as the person's date of birth.
47	Until October 2, 2009, the state courts system and the clerk of
48	the court may collect and use a portion of a person's social
49	security number solely for the purpose of case management and
50	identification of related cases. Failure to provide a portion of
51	a social security number for this purpose may not be grounds to
52	deny any services, rights, or remedies otherwise provided by
53	law.
54	Section 2.  Subsection (4) of section 39.013, Florida
55	Statutes, is amended to read:
56	39.013  Procedures and jurisdiction; right to counsel.--
57	(4)  Orders entered pursuant to this chapter that affect
58	the placement of, access to, parental time with, adoption of, or
59	parental rights and responsibilities for a minor child The order
60	of the circuit court hearing dependency matters shall be filed
61	by the clerk of the court in any dissolution or other custody
62	action or proceeding and shall take precedence over other
63	custody and visitation orders entered in civil those actions or
64	proceedings. However, if the court has terminated jurisdiction,
65	such order may be subsequently modified by a court of competent
66	jurisdiction in any other civil action or proceeding affecting
67	placement of, access to, parental time with, adoption of, or
68	parental rights and responsibilities for the same minor child
69	using the legal standard applicable in the subsequent
70	proceeding.
71	Section 3.  Subsection (6) of section 39.0132, Florida
72	Statutes, is amended, and subsection (7) is added to said
73	section, to read:
74	39.0132  Oaths, records, and confidential information.--
75	(6)  No court record of proceedings under this chapter
76	shall be admissible in evidence in any other civil or criminal
77	proceeding, except that:
78	(a)  Orders permanently terminating the rights of a parent
79	and committing the child to a licensed child-placing agency or
80	the department for adoption shall be admissible in evidence in
81	subsequent adoption proceedings relating to the child.
82	(a)(b)  Records of proceedings under this chapter forming a
83	part of the record on appeal shall be used in the appellate
84	court in the manner hereinafter provided.
85	(b)(c)  Records necessary therefor shall be admissible in
86	evidence in any case in which a person is being tried upon a
87	charge of having committed perjury.
88	(c)(d)  Records of proceedings under this chapter may be
89	used to prove disqualification pursuant to s. 435.06 and for
90	proof regarding such disqualification in a chapter 120
91	proceeding.
92	(d)  A final order entered pursuant to an adjudicatory
93	hearing is admissible in evidence in any subsequent civil
94	proceeding relating to placement of, access to, parental time
95	with, adoption of, or parental rights and responsibilities for
96	the same child or a sibling of that child.
97	(e)  Evidence admitted in any proceeding under this chapter
98	may be admissible in evidence when offered by any party in a
99	subsequent civil proceeding relating to placement of, access to,
100	parental time with, adoption of, or parental rights and
101	responsibilities for the same child or a sibling of that child
102	if:
103	1.  Notice is given to the opposing party or the opposing
104	party's counsel of the intent to offer the evidence and a copy
105	of such evidence is delivered to the opposing party or the
106	opposing party's counsel; and
107	2.  The evidence is otherwise admissible in the subsequent
108	civil proceeding.
109	(e)  Orders permanently and involuntarily terminating the
110	rights of a parent shall be admissible as evidence in subsequent
111	termination of parental rights proceedings for a sibling of the
112	child for whom parental rights were terminated.
113	(7)  Final orders, records, and evidence in any proceeding
114	under this chapter that are subsequently admitted in evidence
115	pursuant to subsection (6) remain subject to subsections (3) and
116	(4).
117	Section 4.  Paragraph (b) of subsection (3) of section
118	39.521, Florida Statutes, is amended to read:
119	39.521  Disposition hearings; powers of disposition.--
120	(3)  When any child is adjudicated by a court to be
121	dependent, the court shall determine the appropriate placement
122	for the child as follows:
123	(b)  If there is a parent with whom the child was not
124	residing at the time the events or conditions arose that brought
125	the child within the jurisdiction of the court who desires to
126	assume custody of the child, the court shall place the child
127	with that parent upon completion of a home study, unless the
128	court finds that such placement would endanger the safety, well-
129	being, or physical, mental, or emotional health of the child.
130	Any party with knowledge of the facts may present to the court
131	evidence regarding whether the placement will endanger the
132	safety, well-being, or physical, mental, or emotional health of
133	the child. If the court places the child with such parent, it
134	may do either of the following:
135	1.  Order that the parent assume sole custodial
136	responsibilities for the child. The court may also provide for
137	reasonable visitation by the noncustodial parent. The court may
138	then terminate its jurisdiction over the child. The custody
139	order shall continue unless modified by a subsequent order of
140	the circuit court hearing dependency matters. The order of the
141	circuit court hearing dependency matters shall be filed in any
142	dissolution or other custody action or proceeding between the
143	parents and shall take precedence over other custody and
144	visitation orders entered in those actions.
145	2.  Order that the parent assume custody subject to the
146	jurisdiction of the circuit court hearing dependency matters.
147	The court may order that reunification services be provided to
148	the parent from whom the child has been removed, that services
149	be provided solely to the parent who is assuming physical
150	custody in order to allow that parent to retain later custody
151	without court jurisdiction, or that services be provided to both
152	parents, in which case the court shall determine at every review
153	hearing which parent, if either, shall have custody of the
154	child. The standard for changing custody of the child from one
155	parent to another or to a relative or another adult approved by
156	the court shall be the best interest of the child.
157
158	Protective supervision continues until the court terminates it
159	or until the child reaches the age of 18, whichever date is
160	first. Protective supervision shall be terminated by the court
161	whenever the court determines that permanency has been achieved
162	for the child, whether with a parent, another relative, or a
163	legal custodian, and that protective supervision is no longer
164	needed. The termination of supervision may be with or without
165	retaining jurisdiction, at the court's discretion, and shall in
166	either case be considered a permanency option for the child. The
167	order terminating supervision by the department shall set forth
168	the powers of the custodian of the child and shall include the
169	powers ordinarily granted to a guardian of the person of a minor
170	unless otherwise specified. Upon the court's termination of
171	supervision by the department, no further judicial reviews are
172	required, so long as permanency has been established for the
173	child.
174	Section 5.  Subsection (6) of section 39.814, Florida
175	Statutes, is amended, and subsection (7) is added to said
176	section, to read:
177	39.814  Oaths, records, and confidential information.--
178	(6)  No court record of proceedings under this part shall
179	be admissible in evidence in any other civil or criminal
180	proceeding, except that:
181	(a)  Orders terminating the rights of a parent are
182	admissible in evidence in subsequent adoption proceedings
183	relating to the child and in subsequent termination of parental
184	rights proceedings concerning a sibling of the child.
185	(a)(b)  Records of proceedings under this part forming a
186	part of the record on appeal shall be used in the appellate
187	court in the manner hereinafter provided.
188	(b)(c)  Records necessary therefor shall be admissible in
189	evidence in any case in which a person is being tried upon a
190	charge of having committed perjury.
191	(c)  A final order entered pursuant to an adjudicatory
192	hearing is admissible in evidence in any subsequent civil
193	proceeding relating to placement of, access to, parental time
194	with, adoption of, or parental rights and responsibilities for
195	the same child or a sibling of that child.
196	(d)  Evidence admitted in any proceeding under this part
197	may be admissible in evidence when offered by any party in a
198	subsequent civil proceeding relating to placement of, access to,
199	parental time with, adoption of, or parental rights and
200	responsibilities for the same child or a sibling of that child
201	if:
202	1.  Notice is given to the opposing party or the opposing
203	party's counsel of the intent to offer the evidence and a copy
204	of such evidence is delivered to the opposing party or the
205	opposing party's counsel; and
206	2.  The evidence is otherwise admissible in the subsequent
207	civil proceeding.
208	(7)  Final orders, records, and evidence in any proceeding
209	under this part that are subsequently admitted in evidence
210	pursuant to subsection (6) remain subject to subsections (3) and
211	(4).
212	Section 6.  Paragraph (a) of subsection (1), paragraph (b)
213	of subsection (2), and subsections (7) through (10) of section
214	61.13, Florida Statutes, are amended to read:
215	61.13  Custody and support of children; visitation rights;
216	power of court in making orders.--
217	(1)(a)  In a proceeding under this chapter for dissolution
218	of marriage, the court may at any time order either or both
219	parents who owe a duty of support to a child to pay support in
220	accordance with the guidelines in s. 61.30. The court initially
221	entering an order requiring one or both parents to make child
222	support payments shall have continuing jurisdiction after the
223	entry of the initial order to modify the amount and terms and
224	conditions of the child support payments when the modification
225	is found necessary by the court in the best interests of the
226	child, when the child reaches majority, or when there is a
227	substantial change in the circumstances of the parties.  The
228	court initially entering a child support order shall also have
229	continuing jurisdiction to require the obligee to report to the
230	court on terms prescribed by the court regarding the disposition
231	of the child support payments.
232	(2)
233	(b)1.  The court shall determine all matters relating to
234	custody of each minor child of the parties in accordance with
235	the best interests of the child and in accordance with the
236	Uniform Child Custody Jurisdiction and Enforcement Act. It is
237	the public policy of this state to assure that each minor child
238	has frequent and continuing contact with both parents after the
239	parents separate or the marriage of the parties is dissolved and
240	to encourage parents to share the rights and responsibilities,
241	and joys, of childrearing. After considering all relevant facts,
242	the father of the child shall be given the same consideration as
243	the mother in determining the primary residence of a child
244	irrespective of the age or sex of the child.
245	2.  The court shall order that the parental responsibility
246	for a minor child be shared by both parents unless the court
247	finds that shared parental responsibility would be detrimental
248	to the child. Evidence that a parent has been convicted of a
249	felony of the third degree or higher involving domestic
250	violence, as defined in s. 741.28 and chapter 775, or meets the
251	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
252	detriment to the child. If the presumption is not rebutted,
253	shared parental responsibility, including visitation, residence
254	of the child, and decisions made regarding the child, may not be
255	granted to the convicted parent. However, the convicted parent
256	is not relieved of any obligation to provide financial support.
257	If the court determines that shared parental responsibility
258	would be detrimental to the child, it may order sole parental
259	responsibility and make such arrangements for visitation as will
260	best protect the child or abused spouse from further harm.
261	Whether or not there is a conviction of any offense of domestic
262	violence or child abuse or the existence of an injunction for
263	protection against domestic violence, the court shall consider
264	evidence of domestic violence or child abuse as evidence of
265	detriment to the child.
266	a.  In ordering shared parental responsibility, the court
267	may consider the expressed desires of the parents and may grant
268	to one party the ultimate responsibility over specific aspects
269	of the child's welfare or may divide those responsibilities
270	between the parties based on the best interests of the child.
271	Areas of responsibility may include primary residence,
272	education, medical and dental care, and any other
273	responsibilities that the court finds unique to a particular
274	family.
275	b.  The court shall order "sole parental responsibility,
276	with or without visitation rights, to the other parent when it
277	is in the best interests of" the minor child.
278	c.  The court may award the grandparents visitation rights
279	with a minor child if it is in the child's best interest.
280	Grandparents have legal standing to seek judicial enforcement of
281	such an award. This section does not require that grandparents
282	be made parties or given notice of dissolution pleadings or
283	proceedings. A court may not order that a child be kept within
284	the state or jurisdiction of the court solely for the purpose of
285	permitting visitation by the grandparents.
286	3.  Access to records and information pertaining to a minor
287	child, including, but not limited to, medical, dental, and
288	school records, may not be denied to a parent because the parent
289	is not the child's primary residential parent. Full rights under
290	this subparagraph apply to either parent unless a court order
291	specifically revokes these rights, including any restrictions on
292	these rights as provided in a domestic violence injunction. A
293	parent having rights under this subparagraph has the same rights
294	upon request as to form, substance, and manner of access as are
295	available to the other parent of a child, including, without
296	limitation, the right to in-person communication with medical,
297	dental, and education providers.
298	(7)  In any case where the child is actually residing with
299	a grandparent in a stable relationship, whether the court has
300	awarded custody to the grandparent or not, the court may
301	recognize the grandparents as having the same standing as
302	parents for evaluating what custody arrangements are in the best
303	interest of the child.
304	(7)(8)  If the court orders that parental responsibility,
305	including visitation, be shared by both parents, the court may
306	not deny the noncustodial parent overnight contact and access to
307	or visitation with the child solely because of the age or sex of
308	the child.
309	(8)(9)(a)  Beginning July 1, 1997, each party to any
310	paternity or support proceeding is required to file with the
311	tribunal as defined in s. 88.1011(22) and State Case Registry
312	upon entry of an order, and to update as appropriate,
313	information on location and identity of the party, including
314	social security number, residential and mailing addresses,
315	telephone number, driver's license number, and name, address,
316	and telephone number of employer. Beginning October 1, 1998,
317	each party to any paternity or child support proceeding in a
318	non-Title IV-D case shall meet the above requirements for
319	updating the tribunal and State Case Registry.
320	(b)  Pursuant to the federal Personal Responsibility and
321	Work Opportunity Reconciliation Act of 1996, each party is
322	required to provide his or her social security number in
323	accordance with this section. Disclosure of social security
324	numbers obtained through this requirement shall be limited to
325	the purpose of administration of the Title IV-D program for
326	child support enforcement.
327	(c)  Beginning July 1, 1997, in any subsequent Title IV-D
328	child support enforcement action between the parties, upon
329	sufficient showing that diligent effort has been made to
330	ascertain the location of such a party, the court of competent
331	jurisdiction shall deem state due process requirements for
332	notice and service of process to be met with respect to the
333	party, upon delivery of written notice to the most recent
334	residential or employer address filed with the tribunal and
335	State Case Registry pursuant to paragraph (a). Beginning October
336	1, 1998, in any subsequent non-Title IV-D child support
337	enforcement action between the parties, the same requirements
338	for service shall apply.
339	(9)(10)  At the time an order for child support is entered,
340	each party is required to provide his or her social security
341	number and date of birth to the court, as well as the name, date
342	of birth, and social security number of each minor child that is
343	the subject of such child support order. Pursuant to the federal
344	Personal Responsibility and Work Opportunity Reconciliation Act
345	of 1996, each party is required to provide his or her social
346	security number in accordance with this section. All social
347	security numbers required by this section shall be provided by
348	the parties and maintained by the depository as a separate
349	attachment in the file. Disclosure of social security numbers
350	obtained through this requirement shall be limited to the
351	purpose of administration of the Title IV-D program for child
352	support enforcement.
353	Section 7.  Subsections (3) and (4) of section 61.21,
354	Florida Statutes, are amended to read:
355	61.21  Parenting course authorized; fees; required
356	attendance authorized; contempt.--
357	(3)  All parties to a dissolution of marriage proceeding
358	with minor children or a paternity action that which involves
359	issues of parental responsibility shall be required to complete
360	the Parent Education and Family Stabilization Course prior to
361	the entry by the court of a final judgment. The court may excuse
362	a party from attending the parenting course or meeting the
363	required timeframe for completing the course for good cause.
364	(4)  All parties required to complete a parenting course
365	under this section shall begin the course as expeditiously as
366	possible after filing for dissolution of marriage or paternity.
367	Unless excused by the court pursuant to subsection (3), the
368	petitioner in the action must complete the course within 45 days
369	after filing the petition, and all other parties to the action
370	must complete the course within 45 days after an adjudication of
371	paternity or the entry of an order granting visitation to the
372	party. Each party and shall file proof of compliance with the
373	court prior to the entry of the final judgment.
374	Section 8.  Paragraph (a) of subsection (5) and paragraph
375	(a) of subsection (6) of section 741.30, Florida Statutes, are
376	amended to read:
377	741.30  Domestic violence; injunction; powers and duties of
378	court and clerk; petition; notice and hearing; temporary
379	injunction; issuance of injunction; statewide verification
380	system; enforcement.--
381	(5)(a)  When it appears to the court that an immediate and
382	present danger of domestic violence exists, the court may grant
383	a temporary injunction ex parte, pending a full hearing, and may
384	grant such relief as the court deems proper, including an
385	injunction:
386	1.  Restraining the respondent from committing any acts of
387	domestic violence.
388	2.  Awarding to the petitioner the temporary exclusive use
389	and possession of the dwelling that the parties share or
390	excluding the respondent from the residence of the petitioner.
391	3.  On the same basis as provided in s. 61.13(2),(3), (4),
392	and (5), granting to the petitioner temporary custody of a minor
393	child or children. An order of temporary custody remains in
394	effect until the order expires or an order is entered by a court
395	of competent jurisdiction in a pending or subsequent civil
396	action or proceeding affecting the placement of, access to,
397	parental time with, adoption of, or parental rights and
398	responsibilities for the minor child.
399	(6)(a)  Upon notice and hearing, when it appears to the
400	court that the petitioner is either the victim of domestic
401	violence as defined by s. 741.28 or has reasonable cause to
402	believe he or she is in imminent danger of becoming a victim of
403	domestic violence, the court may grant such relief as the court
404	deems proper, including an injunction:
405	1.  Restraining the respondent from committing any acts of
406	domestic violence.
407	2.  Awarding to the petitioner the exclusive use and
408	possession of the dwelling that the parties share or excluding
409	the respondent from the residence of the petitioner.
410	3.  On the same basis as provided in chapter 61, awarding
411	temporary custody of, or temporary visitation rights with regard
412	to, a minor child or children of the parties. An order of
413	temporary custody or visitation remains in effect until the
414	order expires or an order is entered by a court of competent
415	jurisdiction in a pending or subsequent civil action or
416	proceeding affecting the placement of, access to, parental time
417	with, adoption of, or parental rights and responsibilities for
418	the minor child.
419	4.  On the same basis as provided in chapter 61,
420	establishing temporary support for a minor child or children or
421	the petitioner. An order of temporary support remains in effect
422	until the order expires or an order is entered by a court of
423	competent jurisdiction in a pending or subsequent civil action
424	or proceeding affecting child support.
425	5.  Ordering the respondent to participate in treatment,
426	intervention, or counseling services to be paid for by the
427	respondent. When the court orders the respondent to participate
428	in a batterers' intervention program, the court, or any entity
429	designated by the court, must provide the respondent with a list
430	of all certified batterers' intervention programs and all
431	programs which have submitted an application to the Department
432	of Children and Family Services Corrections to become certified
433	under s. 741.32 741.325, from which the respondent must choose a
434	program in which to participate. If there are no certified
435	batterers' intervention programs in the circuit, the court shall
436	provide a list of acceptable programs from which the respondent
437	must choose a program in which to participate.
438	6.  Referring a petitioner to a certified domestic violence
439	center. The court must provide the petitioner with a list of
440	certified domestic violence centers in the circuit which the
441	petitioner may contact.
442	7.  Ordering such other relief as the court deems necessary
443	for the protection of a victim of domestic violence, including
444	injunctions or directives to law enforcement agencies, as
445	provided in this section.
446	Section 9.  Paragraph (b) of subsection (1) of section
447	61.1827, Florida Statutes, is amended to read:
448	61.1827  Identifying information concerning applicants for
449	and recipients of child support services.--
450	(1)  Any information that reveals the identity of
451	applicants for or recipients of child support services,
452	including the name, address, and telephone number of such
453	persons, in the possession of a non-Title IV-D county child
454	support enforcement agency is confidential and exempt from
455	public disclosure pursuant to s. 119.07(1) and s. 24(a) of Art.
456	I of the State Constitution. The use or disclosure of such
457	information by the non-Title IV-D county child support
458	enforcement agency is limited to the purposes directly connected
459	with:
460	(b)  Mandatory disclosure of identifying and location
461	information as provided in s. 61.13(8)(9) by the non-Title IV-D
462	county child support enforcement agency when providing non-Title
463	IV-D services; or
464	Section 10.  Paragraph (e) of subsection (1) of section
465	409.2579, Florida Statutes, is amended to read:
466	409.2579  Safeguarding Title IV-D case file information.--
467	(1)  Information concerning applicants for or recipients of
468	Title IV-D child support services is confidential and exempt
469	from the provisions of s. 119.07(1). The use or disclosure of
470	such information by the IV-D program is limited to purposes
471	directly connected with:
472	(e)  Mandatory disclosure of identifying and location
473	information as provided in s. 61.13(8)(9) by the IV-D program
474	when providing Title IV-D services.
475	Section 11.  If any provision of this act or its
476	application to any person or circumstance is held invalid, the
477	invalidity does not affect other provisions or applications of
478	the act which can be given effect without the invalid provision
479	or application, and to this end the provisions of this act are
480	severable.
481	Section 12.  This act shall take effect July 1, 2004.

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