Senate Bill sb0586

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 586

    By Senator Lynn





    7-72B-04

  1                      A bill to be entitled

  2         An act relating to the family court efficiency;

  3         creating s. 25.375, F.S.; authorizing the

  4         Supreme Court to create a system to identify

  5         cases relating to individuals and families

  6         within the court system; amending s. 39.013,

  7         F.S.; providing for modifying a court order in

  8         a subsequent civil proceeding; amending s.

  9         39.0132, F.S.; providing for limited

10         admissibility of evidence in subsequent civil

11         proceedings; amending s. 39.521, F.S.;

12         providing for modifying a court order in a

13         subsequent civil action or proceeding; amending

14         s. 39.814, F.S.; providing for limited

15         admissibility of evidence in subsequent civil

16         proceedings; amending s. 61.13, F.S.; providing

17         for the court to determine matters relating to

18         child support in any proceeding under ch. 61,

19         F.S.; eliminating provisions authorizing the

20         court to award grandparents visitation rights;

21         amending s. 61.21, F.S.; revising the timeframe

22         for completing a parenting course; amending s.

23         741.30, F.S.; providing for an order of

24         temporary custody, visitation, or support to

25         remain in effect until the court enters an

26         order in a subsequent action; providing for

27         severability; providing an effective date.

28  

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

30  

31  

                                  1

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1         Section 1.  Section 25.375, Florida Statutes, is

 2  created to read:

 3         25.375  Identification of related cases.--The Supreme

 4  Court may create a unique identifier for each person by which

 5  to identify all court cases related to that person or his or

 6  her family previously or currently in the court system. The

 7  unique identifier must be the same for that person in any

 8  court case. To create the unique identifier, the court may

 9  collect a portion of the person's social security number or

10  other personal identification information, such as the

11  person's date of birth. Until October 2, 2009, the state

12  courts system and the clerk of the court may collect and use a

13  person's social security number solely for the purpose of case

14  management and identification of related cases. Failure to

15  provide a social security number for this purpose may not be

16  grounds to deny any services, rights, or remedies otherwise

17  provided by law.

18         Section 2.  Subsection (4) of section 39.013, Florida

19  Statutes, is amended to read:

20         39.013  Procedures and jurisdiction; right to

21  counsel.--

22         (4)  Orders entered pursuant to this chapter which

23  affect the placement of, access to, parental time with, or

24  parental responsibility for a minor child The order of the

25  circuit court hearing dependency matters shall be filed by the

26  clerk of the court in any dissolution or other custody action

27  or proceeding and shall take precedence over other custody and

28  visitation orders entered in civil those actions or

29  proceedings. However, if the court has terminated

30  jurisdiction, such order may be subsequently modified by a

31  court of competent jurisdiction in any other civil action or

                                  2

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1  proceeding affecting placement of, access to, parental time

 2  with, or parental responsibility for the same minor child.

 3         Section 3.  Subsection (6) of section 39.0132, Florida

 4  Statutes, is amended, and subsection (7) is added to that

 5  section, to read:

 6         39.0132  Oaths, records, and confidential

 7  information.--

 8         (6)  No court record of proceedings under this chapter

 9  shall be admissible in evidence in any other civil or criminal

10  proceeding, except that:

11         (a)  Orders permanently terminating the rights of a

12  parent and committing the child to a licensed child-placing

13  agency or the department for adoption shall be admissible in

14  evidence in subsequent adoption proceedings relating to the

15  child.

16         (a)(b)  Records of proceedings under this chapter

17  forming a part of the record on appeal shall be used in the

18  appellate court in the manner hereinafter provided.

19         (b)(c)  Records necessary therefor shall be admissible

20  in evidence in any case in which a person is being tried upon

21  a charge of having committed perjury.

22         (c)(d)  Records of proceedings under this chapter may

23  be used to prove disqualification pursuant to s. 435.06 and

24  for proof regarding such disqualification in a chapter 120

25  proceeding.

26         (d)  A final order entered pursuant to an adjudicatory

27  hearing is admissible in evidence in any subsequent civil

28  proceeding relating to placement of, access to, parental time

29  with, or parental responsibility for the same child or a

30  sibling of that child.

31  

                                  3

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1         (e)  Evidence admitted in any proceeding under this

 2  chapter may be admissible in evidence when offered by any

 3  party in a subsequent civil proceeding relating to placement

 4  of, access to, parental time with, or parental responsibility

 5  for the same child or a sibling of that child if:

 6         1.  Notice is given to the opposing party or opposing

 7  party's counsel of the intent to offer the evidence and a copy

 8  of such evidence is delivered to the opposing party or the

 9  opposing party's counsel.

10         2.  The evidence is otherwise admissible in the

11  subsequent civil proceeding.

12         (e)  Orders permanently and involuntarily terminating

13  the rights of a parent shall be admissible as evidence in

14  subsequent termination of parental rights proceedings for a

15  sibling of the child for whom parental rights were terminated.

16         (7)  Final orders, records, and evidence in any

17  proceeding under this chapter which are subsequently admitted

18  in evidence pursuant to subsection (6) remain subject to

19  subsections (3) and (4).

20         Section 4.  Subsection (3) of section 39.521, Florida

21  Statutes, is amended to read:

22         39.521  Disposition hearings; powers of disposition.--

23         (3)  When any child is adjudicated by a court to be

24  dependent, the court shall determine the appropriate placement

25  for the child as follows:

26         (a)  If the court determines that the child can safely

27  remain in the home with the parent with whom the child was

28  residing at the time the events or conditions arose that

29  brought the child within the jurisdiction of the court and

30  that remaining in this home is in the best interest of the

31  child, then the court shall order conditions under which the

                                  4

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1  child may remain or return to the home and that this placement

 2  be under the protective supervision of the department for not

 3  less than 6 months.

 4         (b)  If there is a parent with whom the child was not

 5  residing at the time the events or conditions arose that

 6  brought the child within the jurisdiction of the court who

 7  desires to assume custody of the child, the court shall place

 8  the child with that parent upon completion of a home study,

 9  unless the court finds that such placement would endanger the

10  safety, well-being, or physical, mental, or emotional health

11  of the child. Any party with knowledge of the facts may

12  present to the court evidence regarding whether the placement

13  will endanger the safety, well-being, or physical, mental, or

14  emotional health of the child. If the court places the child

15  with such parent, it may do either of the following:

16         1.  Order that the parent assume sole custodial

17  responsibilities for the child. The court may also provide for

18  reasonable visitation by the noncustodial parent. The court

19  may then terminate its jurisdiction over the child. The

20  custody order shall take precedence over other orders that

21  affect placements of, access to, parental time with, or

22  parental responsibility for a minor child continue unless

23  modified by a subsequent order of the circuit court hearing

24  dependency matters. The order of the circuit court hearing

25  dependency matters shall be filed in any dissolution or other

26  custody action or proceeding between the parents and shall

27  take precedence over other custody and visitation orders

28  entered in civil those actions or proceedings. However, if the

29  court terminates jurisdiction, such orders may be subsequently

30  modified by a court of competent jurisdiction in any other

31  civil action or proceeding affecting placement of, access to,

                                  5

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1  parental time with, or parental responsibility for the same

 2  minor child.

 3         2.  Order that the parent assume custody subject to the

 4  jurisdiction of the circuit court hearing dependency matters.

 5  The court may order that reunification services be provided to

 6  the parent from whom the child has been removed, that services

 7  be provided solely to the parent who is assuming physical

 8  custody in order to allow that parent to retain later custody

 9  without court jurisdiction, or that services be provided to

10  both parents, in which case the court shall determine at every

11  review hearing which parent, if either, shall have custody of

12  the child. The standard for changing custody of the child from

13  one parent to another or to a relative or another adult

14  approved by the court shall be the best interest of the child.

15         (c)  If no fit parent is willing or available to assume

16  care and custody of the child, place the child in the

17  temporary legal custody of an adult relative or other adult

18  approved by the court who is willing to care for the child,

19  under the protective supervision of the department. The

20  department must supervise this placement until the child

21  reaches permanency status in this home, and in no case for a

22  period of less than 6 months. Permanency in a relative

23  placement shall be by adoption, long-term custody, or

24  guardianship.

25         (d)  If the child cannot be safely placed in a

26  nonlicensed placement, the court shall commit the child to the

27  temporary legal custody of the department. Such commitment

28  invests in the department all rights and responsibilities of a

29  legal custodian. The department shall not return any child to

30  the physical care and custody of the person from whom the

31  child was removed, except for court-approved visitation

                                  6

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1  periods, without the approval of the court. The term of such

 2  commitment continues until terminated by the court or until

 3  the child reaches the age of 18. After the child is committed

 4  to the temporary legal custody of the department, all further

 5  proceedings under this section are governed by this chapter.

 6  

 7  Protective supervision continues until the court terminates it

 8  or until the child reaches the age of 18, whichever date is

 9  first. Protective supervision shall be terminated by the court

10  whenever the court determines that permanency has been

11  achieved for the child, whether with a parent, another

12  relative, or a legal custodian, and that protective

13  supervision is no longer needed. The termination of

14  supervision may be with or without retaining jurisdiction, at

15  the court's discretion, and shall in either case be considered

16  a permanency option for the child. The order terminating

17  supervision by the department shall set forth the powers of

18  the custodian of the child and shall include the powers

19  ordinarily granted to a guardian of the person of a minor

20  unless otherwise specified. Upon the court's termination of

21  supervision by the department, no further judicial reviews are

22  required, so long as permanency has been established for the

23  child.

24         Section 5.  Subsection (6) of section 39.814, Florida

25  Statutes, is amended, and subsection (7) is added to that

26  section, to read:

27         39.814  Oaths, records, and confidential information.--

28         (6)  No court record of proceedings under this part

29  shall be admissible in evidence in any other civil or criminal

30  proceeding, except that:

31  

                                  7

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1         (a)  Orders terminating the rights of a parent are

 2  admissible in evidence in subsequent adoption proceedings

 3  relating to the child and in subsequent termination of

 4  parental rights proceedings concerning a sibling of the child.

 5         (a)(b)  Records of proceedings under this part forming

 6  a part of the record on appeal shall be used in the appellate

 7  court in the manner hereinafter provided.

 8         (b)(c)  Records necessary therefor shall be admissible

 9  in evidence in any case in which a person is being tried upon

10  a charge of having committed perjury.

11         (c)  A final order entered pursuant to an adjudicatory

12  hearing is admissible in evidence in any subsequent civil

13  proceeding relating to placement of, access to, parental time

14  with, or parental responsibility for the same child or a

15  sibling of that child.

16         (d)  Evidence admitted in any proceeding under this

17  part may be admissible in evidence when offered by any party

18  in a subsequent civil proceeding relating to placement of,

19  access to, parental time with, or parental responsibility for

20  the same child or a sibling of that child if:

21         1.  Notice is given to the opposing party or opposing

22  party's counsel of the intent to offer the evidence and a copy

23  of such evidence is delivered to the opposing party or

24  opposing party's counsel.

25         2.  The evidence is otherwise admissible in the

26  subsequent civil proceeding.

27         (7)  Final orders, records, and evidence in any

28  proceeding under this part which are subsequently admitted in

29  evidence pursuant to subsection (6) remain subject to

30  subsections (3) and (4).

31  

                                  8

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1         Section 6.  Paragraph (a) of subsection (1) and

 2  paragraph (b) of subsection (2) of section 61.13, Florida

 3  Statutes, are amended to read:

 4         61.13  Custody and support of children; visitation

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

 6         (1)(a)  In a proceeding under this chapter for

 7  dissolution of marriage, the court has jurisdiction to

 8  determine all matters relating to child support may at any

 9  time order either or both parents who owe a duty of support to

10  a child to pay support in accordance with the guidelines in s.

11  61.30. The court initially entering an order requiring one or

12  both parents to make child support payments shall have

13  continuing jurisdiction after the entry of the initial order

14  to modify the amount and terms and conditions of the child

15  support payments when the modification is found necessary by

16  the court in the best interests of the child, when the child

17  reaches majority, or when there is a substantial change in the

18  circumstances of the parties.  The court initially entering a

19  child support order shall also have continuing jurisdiction to

20  require the obligee to report to the court on terms prescribed

21  by the court regarding the disposition of the child support

22  payments.

23         (2)

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

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

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

27  the Uniform Child Custody Jurisdiction and Enforcement Act. It

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

29  child has frequent and continuing contact with both parents

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

31  dissolved and to encourage parents to share the rights and

                                  9

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1  responsibilities, and joys, of childrearing. After considering

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

 3  same consideration as the mother in determining the primary

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

 5  child.

 6         2.  The court shall order that the parental

 7  responsibility for a minor child be shared by both parents

 8  unless the court finds that shared parental responsibility

 9  would be detrimental to the child. Evidence that a parent has

10  been convicted of a felony of the third degree or higher

11  involving domestic violence, as defined in s. 741.28 and

12  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

13  a rebuttable presumption of detriment to the child. If the

14  presumption is not rebutted, shared parental responsibility,

15  including visitation, residence of the child, and decisions

16  made regarding the child, may not be granted to the convicted

17  parent. However, the convicted parent is not relieved of any

18  obligation to provide financial support. If the court

19  determines that shared parental responsibility would be

20  detrimental to the child, it may order sole parental

21  responsibility and make such arrangements for visitation as

22  will best protect the child or abused spouse from further

23  harm. Whether or not there is a conviction of any offense of

24  domestic violence or child abuse or the existence of an

25  injunction for protection against domestic violence, the court

26  shall consider evidence of domestic violence or child abuse as

27  evidence of detriment to the child.

28         a.  In ordering shared parental responsibility, the

29  court may consider the expressed desires of the parents and

30  may grant to one party the ultimate responsibility over

31  specific aspects of the child's welfare or may divide those

                                  10

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1  responsibilities between the parties based on the best

 2  interests of the child. Areas of responsibility may include

 3  primary residence, education, medical and dental care, and any

 4  other responsibilities that the court finds unique to a

 5  particular family.

 6         b.  The court shall order "sole parental

 7  responsibility, with or without visitation rights, to the

 8  other parent when it is in the best interests of" the minor

 9  child.

10         c.  The court may award the grandparents visitation

11  rights with a minor child if it is in the child's best

12  interest. Grandparents have legal standing to seek judicial

13  enforcement of such an award. This section does not require

14  that grandparents be made parties to or given notice of

15  dissolution pleadings or proceedings. A court may not order

16  that a child be kept within the state or jurisdiction of the

17  court solely for the purpose of permitting visitation by the

18  grandparents.

19         3.  Access to records and information pertaining to a

20  minor child, including, but not limited to, medical, dental,

21  and school records, may not be denied to a parent because the

22  parent is not the child's primary residential parent. Full

23  rights under this subparagraph apply to either parent unless a

24  court order specifically revokes these rights, including any

25  restrictions on these rights as provided in a domestic

26  violence injunction. A parent having rights under this

27  subparagraph has the same rights upon request as to form,

28  substance, and manner of access as are available to the other

29  parent of a child, including, without limitation, the right to

30  in-person communication with medical, dental, and education

31  providers.

                                  11

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1         Section 7.  Subsections (3) and (4) of section 61.21,

 2  Florida Statutes, are amended to read:

 3         61.21  Parenting course authorized; fees; required

 4  attendance authorized; contempt.--

 5         (3)  All parties to a dissolution of marriage

 6  proceeding with minor children or a paternity action that

 7  which involves issues of parental responsibility shall be

 8  required to complete the Parent Education and Family

 9  Stabilization Course prior to the entry by the court of a

10  final judgment. The court may excuse a party from attending

11  the parenting course or meeting the required timeframe for

12  completing the course for good cause.

13         (4)  All parties required to complete a parenting

14  course under this section shall begin the course as

15  expeditiously as possible after filing for dissolution of

16  marriage or paternity. Unless excused by the court pursuant to

17  subsection (3), the petitioner in the action must complete the

18  course within 45 days after filing the petition and all other

19  parties to the action must complete the course within 45 days

20  after service of the petition. Each party and shall file proof

21  of compliance with the court prior to the entry of the final

22  judgment.

23         Section 8.  Paragraph (a) of subsection (5) and

24  paragraph (a) of subsection (6) of section 741.30, Florida

25  Statutes, are amended to read:

26         741.30  Domestic violence; injunction; powers and

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

28  temporary injunction; issuance of injunction; statewide

29  verification system; enforcement.--

30         (5)(a)  When it appears to the court that an immediate

31  and present danger of domestic violence exists, the court may

                                  12

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1  grant a temporary injunction ex parte, pending a full hearing,

 2  and may grant such relief as the court deems proper, including

 3  an injunction:

 4         1.  Restraining the respondent from committing any acts

 5  of domestic violence.

 6         2.  Awarding to the petitioner the temporary exclusive

 7  use and possession of the dwelling that the parties share or

 8  excluding the respondent from the residence of the petitioner.

 9         3.  On the same basis as provided in s. 61.13 s.

10  61.13(2), (3), (4), and (5), granting to the petitioner

11  temporary custody of a minor child or children. An order of

12  temporary custody remains in effect until the order expires or

13  an order is entered by a court of competent jurisdiction in a

14  pending or subsequent civil action or proceeding affecting the

15  placement of, access to, parental time with, or parental

16  responsibility for the minor child.

17         (6)(a)  Upon notice and hearing, when it appears to the

18  court that the petitioner is either the victim of domestic

19  violence as defined by s. 741.28 or has reasonable cause to

20  believe he or she is in imminent danger of becoming a victim

21  of domestic violence, the court may grant such relief as the

22  court deems proper, including an injunction:

23         1.  Restraining the respondent from committing any acts

24  of domestic violence.

25         2.  Awarding to the petitioner the exclusive use and

26  possession of the dwelling that the parties share or excluding

27  the respondent from the residence of the petitioner.

28         3.  On the same basis as provided in chapter 61,

29  awarding temporary custody of, or temporary visitation rights

30  with regard to, a minor child or children of the parties. An

31  order of temporary custody or visitation remains in effect

                                  13

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1  until the order expires or an order is entered by a court of

 2  competent jurisdiction in a pending or subsequent civil action

 3  or proceeding affecting the placement of, access to, parental

 4  time with, or parental responsibility for the minor child.

 5         4.  On the same basis as provided in chapter 61,

 6  establishing temporary support for a minor child or children

 7  or the petitioner. An order of temporary support remains in

 8  effect until the order expires or an order is entered by a

 9  court of competent jurisdiction in a pending or subsequent

10  civil action or proceeding affecting child support.

11         5.  Ordering the respondent to participate in

12  treatment, intervention, or counseling services to be paid for

13  by the respondent. When the court orders the respondent to

14  participate in a batterers' intervention program, the court,

15  or any entity designated by the court, must provide the

16  respondent with a list of all certified batterers'

17  intervention programs and all programs which have submitted an

18  application to the Department of Children and Family Services

19  Corrections to become certified under s.741.347 s. 741.325,

20  from which the respondent must choose a program in which to

21  participate. If there are no certified batterers' intervention

22  programs in the circuit, the court shall provide a list of

23  acceptable programs from which the respondent must choose a

24  program in which to participate.

25         6.  Referring a petitioner to a certified domestic

26  violence center. The court must provide the petitioner with a

27  list of certified domestic violence centers in the circuit

28  which the petitioner may contact.

29         7.  Ordering such other relief as the court deems

30  necessary for the protection of a victim of domestic violence,

31  

                                  14

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






    Florida Senate - 2004                                   SB 586
    7-72B-04




 1  including injunctions or directives to law enforcement

 2  agencies, as provided in this section.

 3         Section 9.  If any provision of this act or its

 4  application to any person or circumstance is held invalid, the

 5  invalidity does not affect other provisions or applications of

 6  the act which can be given effect without the invalid

 7  provision or application, and to this end the provisions of

 8  this act are severable.

 9         Section 10.  This act shall take effect July 1, 2004.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Authorizes the Florida Supreme Court to create a unique
      identifier for each person by which to identify that
14    person, or his or her family, in all prior or current
      cases in the family court. Requires that orders entered
15    which affect the placement of, access to, parental time
      with, or parental responsibility for a minor child shall
16    take precedence over other orders entered in civil
      actions or proceedings. Provides for the limited
17    admissibility of evidence in subsequent civil
      proceedings. Eliminates provisions authorizing the court
18    to award grandparents visitation rights. Imposes an
      earlier deadline for parents to complete parent education
19    courses in dissolution-of-marriage proceedings. Provides
      that an order of temporary custody, visitation, or
20    support made in a domestic violence case remains in
      effect until the order expires or the court enters a
21    subsequent order. (See bill for details.)

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  15

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