Senate Bill sb0586c1
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By the Committee on Judiciary; and Senator Lynn
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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 conforming provisions to s.39.0132 , F.S.,
13 regarding modification of a court order in a
14 subsequent civil action or proceeding; amending
15 s. 39.814, F.S.; providing for limited
16 admissibility of evidence in subsequent civil
17 proceedings; amending s. 61.13, F.S.; providing
18 for the court to determine matters relating to
19 child support in any proceeding under ch. 61,
20 F.S.; eliminating provisions authorizing the
21 court to award grandparents visitation rights;
22 eliminating provisions giving grandparents
23 equal standing as parents for evaluating
24 custody arrangements; amending s. 61.21, F.S.;
25 revising the timeframe for completing a
26 parenting course; amending s. 741.30, F.S.;
27 providing for an order of temporary custody,
28 visitation, or support to remain in effect
29 until the court enters an order in a subsequent
30 action; amending ss. 61.1827 and 409.2579,
31 F.S., relating to information about applicants
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1 and recipients of child support services;
2 conforming cross-references; providing for
3 severability; providing an effective date.
4
5 Be It Enacted by the Legislature of the State of Florida:
6
7 Section 1. Section 25.375, Florida Statutes, is
8 created to read:
9 25.375 Identification of related cases.--The Supreme
10 Court may create a unique identifier for each person by which
11 to identify all court cases related to that person or his or
12 her family previously or currently in the court system. The
13 unique identifier must be the same for that person in any
14 court case. To create the unique identifier, the court may
15 collect a portion of the person's social security number or
16 other personal identification information, such as the
17 person's date of birth. Until October 2, 2009, the state
18 courts system and the clerk of the court may collect and use a
19 portion of a person's social security number solely for the
20 purpose of case management and identification of related
21 cases. Failure to provide a social security number for this
22 purpose may not be grounds to deny any services, rights, or
23 remedies otherwise provided by law.
24 Section 2. Subsection (4) of section 39.013, Florida
25 Statutes, is amended to read:
26 39.013 Procedures and jurisdiction; right to
27 counsel.--
28 (4) Orders entered pursuant to this chapter which
29 affect the placement of, access to, parental time with,
30 adoption, or parental rights and responsibilities for a minor
31 child The order of the circuit court hearing dependency
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1 matters shall be filed by the clerk of the court in any
2 dissolution or other custody action or proceeding and shall
3 take precedence over other custody and visitation orders
4 entered in civil those actions or proceedings. However, if the
5 court has terminated jurisdiction, such order may be
6 subsequently modified by a court of competent jurisdiction in
7 any other civil action or proceeding affecting placement of,
8 access to, parental time with, adoption, or parental rights
9 and responsibilities for the same minor child.
10 Section 3. Subsection (6) of section 39.0132, Florida
11 Statutes, is amended, and subsection (7) is added to that
12 section, to read:
13 39.0132 Oaths, records, and confidential
14 information.--
15 (6) No court record of proceedings under this chapter
16 shall be admissible in evidence in any other civil or criminal
17 proceeding, except that:
18 (a) Orders permanently terminating the rights of a
19 parent and committing the child to a licensed child-placing
20 agency or the department for adoption shall be admissible in
21 evidence in subsequent adoption proceedings relating to the
22 child.
23 (a)(b) Records of proceedings under this chapter
24 forming a part of the record on appeal shall be used in the
25 appellate court in the manner hereinafter provided.
26 (b)(c) Records necessary therefor shall be admissible
27 in evidence in any case in which a person is being tried upon
28 a charge of having committed perjury.
29 (c)(d) Records of proceedings under this chapter may
30 be used to prove disqualification pursuant to s. 435.06 and
31
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1 for proof regarding such disqualification in a chapter 120
2 proceeding.
3 (d) A final order entered pursuant to an adjudicatory
4 hearing is admissible in evidence in any subsequent civil
5 proceeding relating to placement of, access to, parental time
6 with, adoption, or parental rights and responsibilities for
7 the same child or a sibling of that child.
8 (e) Evidence admitted in any proceeding under this
9 chapter may be admissible in evidence when offered by any
10 party in a subsequent civil proceeding relating to placement
11 of, access to, parental time with, adoption, or parental
12 rights and responsibilities for the same child or a sibling of
13 that child if:
14 1. Notice is given to the opposing party or opposing
15 party's counsel of the intent to offer the evidence and a copy
16 of such evidence is delivered to the opposing party or the
17 opposing party's counsel; and
18 2. The evidence is otherwise admissible in the
19 subsequent civil proceeding.
20 (e) Orders permanently and involuntarily terminating
21 the rights of a parent shall be admissible as evidence in
22 subsequent termination of parental rights proceedings for a
23 sibling of the child for whom parental rights were terminated.
24 (7) Final orders, records, and evidence in any
25 proceeding under this chapter which are subsequently admitted
26 in evidence pursuant to subsection (6) remain subject to
27 subsections (3) and (4).
28 Section 4. Subsection (3) of section 39.521, Florida
29 Statutes, is amended to read:
30 39.521 Disposition hearings; powers of disposition.--
31
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1 (3) When any child is adjudicated by a court to be
2 dependent, the court shall determine the appropriate placement
3 for the child as follows:
4 (a) If the court determines that the child can safely
5 remain in the home with the parent with whom the child was
6 residing at the time the events or conditions arose that
7 brought the child within the jurisdiction of the court and
8 that remaining in this home is in the best interest of the
9 child, then the court shall order conditions under which the
10 child may remain or return to the home and that this placement
11 be under the protective supervision of the department for not
12 less than 6 months.
13 (b) If there is a parent with whom the child was not
14 residing at the time the events or conditions arose that
15 brought the child within the jurisdiction of the court who
16 desires to assume custody of the child, the court shall place
17 the child with that parent upon completion of a home study,
18 unless the court finds that such placement would endanger the
19 safety, well-being, or physical, mental, or emotional health
20 of the child. Any party with knowledge of the facts may
21 present to the court evidence regarding whether the placement
22 will endanger the safety, well-being, or physical, mental, or
23 emotional health of the child. If the court places the child
24 with such parent, it may do either of the following:
25 1. Order that the parent assume sole custodial
26 responsibilities for the child. The court may also provide for
27 reasonable visitation by the noncustodial parent. The court
28 may then terminate its jurisdiction over the child. The
29 custody order shall continue unless modified by a subsequent
30 order of the circuit court hearing dependency matters. The
31 order of the circuit court hearing dependency matters shall be
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1 filed in any dissolution or other custody action or proceeding
2 between the parents and shall take precedence over other
3 custody and visitation orders entered in those actions.
4 2. Order that the parent assume custody subject to the
5 jurisdiction of the circuit court hearing dependency matters.
6 The court may order that reunification services be provided to
7 the parent from whom the child has been removed, that services
8 be provided solely to the parent who is assuming physical
9 custody in order to allow that parent to retain later custody
10 without court jurisdiction, or that services be provided to
11 both parents, in which case the court shall determine at every
12 review hearing which parent, if either, shall have custody of
13 the child. The standard for changing custody of the child from
14 one parent to another or to a relative or another adult
15 approved by the court shall be the best interest of the child.
16 (c) If no fit parent is willing or available to assume
17 care and custody of the child, place the child in the
18 temporary legal custody of an adult relative or other adult
19 approved by the court who is willing to care for the child,
20 under the protective supervision of the department. The
21 department must supervise this placement until the child
22 reaches permanency status in this home, and in no case for a
23 period of less than 6 months. Permanency in a relative
24 placement shall be by adoption, long-term custody, or
25 guardianship.
26 (d) If the child cannot be safely placed in a
27 nonlicensed placement, the court shall commit the child to the
28 temporary legal custody of the department. Such commitment
29 invests in the department all rights and responsibilities of a
30 legal custodian. The department shall not return any child to
31 the physical care and custody of the person from whom the
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1 child was removed, except for court-approved visitation
2 periods, without the approval of the court. The term of such
3 commitment continues until terminated by the court or until
4 the child reaches the age of 18. After the child is committed
5 to the temporary legal custody of the department, all further
6 proceedings under this section are governed by this chapter.
7
8 Protective supervision continues until the court terminates it
9 or until the child reaches the age of 18, whichever date is
10 first. Protective supervision shall be terminated by the court
11 whenever the court determines that permanency has been
12 achieved for the child, whether with a parent, another
13 relative, or a legal custodian, and that protective
14 supervision is no longer needed. The termination of
15 supervision may be with or without retaining jurisdiction, at
16 the court's discretion, and shall in either case be considered
17 a permanency option for the child. The order terminating
18 supervision by the department shall set forth the powers of
19 the custodian of the child and shall include the powers
20 ordinarily granted to a guardian of the person of a minor
21 unless otherwise specified. Upon the court's termination of
22 supervision by the department, no further judicial reviews are
23 required, so long as permanency has been established for the
24 child.
25 Section 5. Subsection (6) of section 39.814, Florida
26 Statutes, is amended, and subsection (7) is added to that
27 section, to read:
28 39.814 Oaths, records, and confidential information.--
29 (6) No court record of proceedings under this part
30 shall be admissible in evidence in any other civil or criminal
31 proceeding, except that:
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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, adoption, or parental rights and responsibilities for
15 the same child or a 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, adoption, or parental rights
20 and responsibilities for the same child or a sibling of that
21 child if:
22 1. Notice is given to the opposing party or opposing
23 party's counsel of the intent to offer the evidence and a copy
24 of such evidence is delivered to the opposing party or
25 opposing party's counsel; and
26 2. The evidence is otherwise admissible in the
27 subsequent civil proceeding.
28 (7) Final orders, records, and evidence in any
29 proceeding under this part which are subsequently admitted in
30 evidence pursuant to subsection (6) remain subject to
31 subsections (3) and (4).
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1 Section 6. Section 61.13, Florida Statutes, is amended
2 to read:
3 61.13 Custody and support of children; visitation
4 rights; power of court in making orders.--
5 (1)(a) In a proceeding under this chapter for
6 dissolution of marriage, the court may at any time order
7 either or both parents who owe a duty of support to a child to
8 pay support in accordance with the guidelines in s. 61.30.
9 The court initially entering an order requiring one or both
10 parents to make child support payments shall have continuing
11 jurisdiction after the entry of the initial order to modify
12 the amount and terms and conditions of the child support
13 payments when the modification is found necessary by the court
14 in the best interests of the child, when the child reaches
15 majority, or when there is a substantial change in the
16 circumstances of the parties. The court initially entering a
17 child support order shall also have continuing jurisdiction to
18 require the obligee to report to the court on terms prescribed
19 by the court regarding the disposition of the child support
20 payments.
21 (b) Each order for support shall contain a provision
22 for health care coverage for the minor child when the coverage
23 is reasonably available. Coverage is reasonably available if
24 either the obligor or obligee has access at a reasonable rate
25 to a group health plan. The court may require the obligor
26 either to provide health care coverage or to reimburse the
27 obligee for the cost of health care coverage for the minor
28 child when coverage is provided by the obligee. In either
29 event, the court shall apportion the cost of coverage, and any
30 noncovered medical, dental, and prescription medication
31 expenses of the child, to both parties by adding the cost to
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1 the basic obligation determined pursuant to s. 61.30(6). The
2 court may order that payment of uncovered medical, dental, and
3 prescription medication expenses of the minor child be made
4 directly to the obligee on a percentage basis.
5 1. In a non-Title IV-D case, a copy of the court order
6 for health care coverage shall be served on the obligor's
7 union or employer by the obligee when the following conditions
8 are met:
9 a. The obligor fails to provide written proof to the
10 obligee within 30 days after receiving effective notice of the
11 court order, that the health care coverage has been obtained
12 or that application for coverage has been made;
13 b. The obligee serves written notice of intent to
14 enforce an order for health care coverage on the obligor by
15 mail at the obligor's last known address; and
16 c. The obligor fails within 15 days after the mailing
17 of the notice to provide written proof to the obligee that the
18 health care coverage existed as of the date of mailing.
19 2.a. A support order enforced under Title IV-D of the
20 Social Security Act which requires that the obligor provide
21 health care coverage is enforceable by the department through
22 the use of the national medical support notice, and an
23 amendment to the support order is not required. The department
24 shall transfer the national medical support notice to the
25 obligor's union or employer. The department shall notify the
26 obligor in writing that the notice has been sent to the
27 obligor's union or employer, and the written notification must
28 include the obligor's rights and duties under the national
29 medical support notice. The obligor may contest the
30 withholding required by the national medical support notice
31 based on a mistake of fact. To contest the withholding, the
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1 obligor must file a written notice of contest with the
2 department within 15 business days after the date the obligor
3 receives written notification of the national medical support
4 notice from the department. Filing with the department is
5 complete when the notice is received by the person designated
6 by the department in the written notification. The notice of
7 contest must be in the form prescribed by the department. Upon
8 the timely filing of a notice of contest, the department
9 shall, within 5 business days, schedule an informal conference
10 with the obligor to discuss the obligor's factual dispute. If
11 the informal conference resolves the dispute to the obligor's
12 satisfaction or if the obligor fails to attend the informal
13 conference, the notice of contest is deemed withdrawn. If the
14 informal conference does not resolve the dispute, the obligor
15 may request an administrative hearing under chapter 120 within
16 5 business days after the termination of the informal
17 conference, in a form and manner prescribed by the department.
18 However, the filing of a notice of contest by the obligor does
19 not delay the withholding of premium payments by the union,
20 employer, or health plan administrator. The union, employer,
21 or health plan administrator must implement the withholding as
22 directed by the national medical support notice unless
23 notified by the department that the national medical support
24 notice is terminated.
25 b. In a Title IV-D case, the department shall notify
26 an obligor's union or employer if the obligation to provide
27 health care coverage through that union or employer is
28 terminated.
29 3. In a non-Title IV-D case, upon receipt of the order
30 pursuant to subparagraph 1., or upon application of the
31 obligor pursuant to the order, the union or employer shall
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1 enroll the minor child as a beneficiary in the group health
2 plan regardless of any restrictions on the enrollment period
3 and withhold any required premium from the obligor's income.
4 If more than one plan is offered by the union or employer, the
5 child shall be enrolled in the group health plan in which the
6 obligor is enrolled.
7 4.a. Upon receipt of the national medical support
8 notice under subparagraph 2. in a Title IV-D case, the union
9 or employer shall transfer the notice to the appropriate group
10 health plan administrator within 20 business days after the
11 date on the notice. The plan administrator must enroll the
12 child as a beneficiary in the group health plan regardless of
13 any restrictions on the enrollment period, and the union or
14 employer must withhold any required premium from the obligor's
15 income upon notification by the plan administrator that the
16 child is enrolled. The child shall be enrolled in the group
17 health plan in which the obligor is enrolled. If the group
18 health plan in which the obligor is enrolled is not available
19 where the child resides or if the obligor is not enrolled in
20 group coverage, the child shall be enrolled in the lowest cost
21 group health plan that is available where the child resides.
22 b. If health care coverage or the obligor's employment
23 is terminated in a Title IV-D case, the union or employer that
24 is withholding premiums for health care coverage under a
25 national medical support notice must notify the department
26 within 20 days after the termination and provide the obligor's
27 last known address and the name and address of the obligor's
28 new employer, if known.
29 5.a. The amount withheld by a union or employer in
30 compliance with a support order may not exceed the amount
31 allowed under s. 303(b) of the Consumer Credit Protection Act,
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1 15 U.S.C. s. 1673(b), as amended. The union or employer shall
2 withhold the maximum allowed by the Consumer Credit Protection
3 Act in the following order:
4 (I) Current support, as ordered.
5 (II) Premium payments for health care coverage, as
6 ordered.
7 (III) Past due support, as ordered.
8 (IV) Other medical support or coverage, as ordered.
9 b. If the combined amount to be withheld for current
10 support plus the premium payment for health care coverage
11 exceed the amount allowed under the Consumer Credit Protection
12 Act, and the health care coverage cannot be obtained unless
13 the full amount of the premium is paid, the union or employer
14 may not withhold the premium payment. However, the union or
15 employer shall withhold the maximum allowed in the following
16 order:
17 (I) Current support, as ordered.
18 (II) Past due support, as ordered.
19 (III) Other medical support or coverage, as ordered.
20 6. The Department of Revenue may adopt rules to
21 administer the child support enforcement provisions of this
22 section which affect Title IV-D cases.
23 (c) To the extent necessary to protect an award of
24 child support, the court may order the obligor to purchase or
25 maintain a life insurance policy or a bond, or to otherwise
26 secure the child support award with any other assets which may
27 be suitable for that purpose.
28 (d)1. Unless the provisions of subparagraph 3. apply,
29 all child support orders entered on or after January 1, 1985,
30 shall direct that the payments of child support be made as
31 provided in s. 61.181 through the depository in the county
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1 where the court is located. All child support orders shall
2 provide the full name, date of birth, and social security
3 number of each minor child who is the subject of the child
4 support order.
5 2. Unless the provisions of subparagraph 3. apply, all
6 child support orders entered before January 1, 1985, shall be
7 modified by the court to direct that payments of child support
8 shall be made through the depository in the county where the
9 court is located upon the subsequent appearance of either or
10 both parents to modify or enforce the order, or in any related
11 proceeding.
12 3. If both parties request and the court finds that it
13 is in the best interest of the child, support payments need
14 not be directed through the depository. The order of support
15 shall provide, or shall be deemed to provide, that either
16 party may subsequently apply to the depository to require
17 direction of the payments through the depository. The court
18 shall provide a copy of the order to the depository.
19 4. If the parties elect not to require that support
20 payments be made through the depository, any party may
21 subsequently file an affidavit with the depository alleging a
22 default in payment of child support and stating that the party
23 wishes to require that payments be made through the
24 depository. The party shall provide copies of the affidavit to
25 the court and to each other party. Fifteen days after receipt
26 of the affidavit, the depository shall notify both parties
27 that future payments shall be paid through the depository.
28 5. In IV-D cases, the IV-D agency shall have the same
29 rights as the obligee in requesting that payments be made
30 through the depository.
31
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1 (e) In a judicial circuit with a work experience and
2 job training pilot project, if the obligor is unemployed or
3 has no income and does not have an account at a financial
4 institution, then the court shall order the obligor to seek
5 employment, if the obligor is able to engage in employment,
6 and to immediately notify the court upon obtaining employment,
7 upon obtaining any income, or upon obtaining any ownership of
8 any asset with a value of $500 or more. If the obligor is
9 still unemployed 30 days after any order for support, the
10 court may order the obligor to enroll in the work experience,
11 job placement, and job training pilot program for noncustodial
12 parents as established in s. 409.2565, if the obligor is
13 eligible for entrance into the pilot program.
14 (2)(a) The court shall have jurisdiction to determine
15 custody, notwithstanding that the child is not physically
16 present in this state at the time of filing any proceeding
17 under this chapter, if it appears to the court that the child
18 was removed from this state for the primary purpose of
19 removing the child from the jurisdiction of the court in an
20 attempt to avoid a determination or modification of custody.
21 (b)1. The court shall determine all matters relating
22 to custody of each minor child of the parties in accordance
23 with the best interests of the child and in accordance with
24 the Uniform Child Custody Jurisdiction and Enforcement Act. It
25 is the public policy of this state to assure that each minor
26 child has frequent and continuing contact with both parents
27 after the parents separate or the marriage of the parties is
28 dissolved and to encourage parents to share the rights and
29 responsibilities, and joys, of childrearing. After considering
30 all relevant facts, the father of the child shall be given the
31 same consideration as the mother in determining the primary
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1 residence of a child irrespective of the age or sex of the
2 child.
3 2. The court shall order that the parental
4 responsibility for a minor child be shared by both parents
5 unless the court finds that shared parental responsibility
6 would be detrimental to the child. Evidence that a parent has
7 been convicted of a felony of the third degree or higher
8 involving domestic violence, as defined in s. 741.28 and
9 chapter 775, or meets the criteria of s. 39.806(1)(d), creates
10 a rebuttable presumption of detriment to the child. If the
11 presumption is not rebutted, shared parental responsibility,
12 including visitation, residence of the child, and decisions
13 made regarding the child, may not be granted to the convicted
14 parent. However, the convicted parent is not relieved of any
15 obligation to provide financial support. If the court
16 determines that shared parental responsibility would be
17 detrimental to the child, it may order sole parental
18 responsibility and make such arrangements for visitation as
19 will best protect the child or abused spouse from further
20 harm. Whether or not there is a conviction of any offense of
21 domestic violence or child abuse or the existence of an
22 injunction for protection against domestic violence, the court
23 shall consider evidence of domestic violence or child abuse as
24 evidence of detriment to the child.
25 a. In ordering shared parental responsibility, the
26 court may consider the expressed desires of the parents and
27 may grant to one party the ultimate responsibility over
28 specific aspects of the child's welfare or may divide those
29 responsibilities between the parties based on the best
30 interests of the child. Areas of responsibility may include
31 primary residence, education, medical and dental care, and any
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1 other responsibilities that the court finds unique to a
2 particular family.
3 b. The court shall order "sole parental
4 responsibility, with or without visitation rights, to the
5 other parent when it is in the best interests of" the minor
6 child.
7 c. The court may award the grandparents visitation
8 rights with a minor child if it is in the child's best
9 interest. Grandparents have legal standing to seek judicial
10 enforcement of such an award. This section does not require
11 that grandparents be made parties or given notice of
12 dissolution pleadings or proceedings. A court may not order
13 that a child be kept within the state or jurisdiction of the
14 court solely for the purpose of permitting visitation by the
15 grandparents.
16 3. Access to records and information pertaining to a
17 minor child, including, but not limited to, medical, dental,
18 and school records, may not be denied to a parent because the
19 parent is not the child's primary residential parent. Full
20 rights under this subparagraph apply to either parent unless a
21 court order specifically revokes these rights, including any
22 restrictions on these rights as provided in a domestic
23 violence injunction. A parent having rights under this
24 subparagraph has the same rights upon request as to form,
25 substance, and manner of access as are available to the other
26 parent of a child, including, without limitation, the right to
27 in-person communication with medical, dental, and education
28 providers.
29 (c) The circuit court in the county in which either
30 parent and the child reside or the circuit court in which the
31 original award of custody was entered have jurisdiction to
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1 modify an award of child custody. The court may change the
2 venue in accordance with s. 47.122.
3 (d) No presumption shall arise in favor of or against
4 a request to relocate when a primary residential parent seeks
5 to move the child and the move will materially affect the
6 current schedule of contact and access with the secondary
7 residential parent. In making a determination as to whether
8 the primary residential parent may relocate with a child, the
9 court must consider the following factors:
10 1. Whether the move would be likely to improve the
11 general quality of life for both the residential parent and
12 the child.
13 2. The extent to which visitation rights have been
14 allowed and exercised.
15 3. Whether the primary residential parent, once out of
16 the jurisdiction, will be likely to comply with any substitute
17 visitation arrangements.
18 4. Whether the substitute visitation will be adequate
19 to foster a continuing meaningful relationship between the
20 child and the secondary residential parent.
21 5. Whether the cost of transportation is financially
22 affordable by one or both parties.
23 6. Whether the move is in the best interests of the
24 child.
25 (3) For purposes of shared parental responsibility and
26 primary residence, the best interests of the child shall
27 include an evaluation of all factors affecting the welfare and
28 interests of the child, including, but not limited to:
29 (a) The parent who is more likely to allow the child
30 frequent and continuing contact with the nonresidential
31 parent.
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1 (b) The love, affection, and other emotional ties
2 existing between the parents and the child.
3 (c) The capacity and disposition of the parents to
4 provide the child with food, clothing, medical care or other
5 remedial care recognized and permitted under the laws of this
6 state in lieu of medical care, and other material needs.
7 (d) The length of time the child has lived in a
8 stable, satisfactory environment and the desirability of
9 maintaining continuity.
10 (e) The permanence, as a family unit, of the existing
11 or proposed custodial home.
12 (f) The moral fitness of the parents.
13 (g) The mental and physical health of the parents.
14 (h) The home, school, and community record of the
15 child.
16 (i) The reasonable preference of the child, if the
17 court deems the child to be of sufficient intelligence,
18 understanding, and experience to express a preference.
19 (j) The willingness and ability of each parent to
20 facilitate and encourage a close and continuing parent-child
21 relationship between the child and the other parent.
22 (k) Evidence that any party has knowingly provided
23 false information to the court regarding a domestic violence
24 proceeding pursuant to s. 741.30.
25 (l) Evidence of domestic violence or child abuse.
26 (m) Any other fact considered by the court to be
27 relevant.
28 (4)(a) When a noncustodial parent who is ordered to
29 pay child support or alimony and who is awarded visitation
30 rights fails to pay child support or alimony, the custodial
31
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1 parent shall not refuse to honor the noncustodial parent's
2 visitation rights.
3 (b) When a custodial parent refuses to honor a
4 noncustodial parent's visitation rights, the noncustodial
5 parent shall not fail to pay any ordered child support or
6 alimony.
7 (c) When a custodial parent refuses to honor a
8 noncustodial parent's or grandparent's visitation rights
9 without proper cause, the court shall, after calculating the
10 amount of visitation improperly denied, award the noncustodial
11 parent or grandparent a sufficient amount of extra visitation
12 to compensate the noncustodial parent or grandparent, which
13 visitation shall be ordered as expeditiously as possible in a
14 manner consistent with the best interests of the child and
15 scheduled in a manner that is convenient for the person
16 deprived of visitation. In ordering any makeup visitation, the
17 court shall schedule such visitation in a manner that is
18 consistent with the best interests of the child or children
19 and that is convenient for the noncustodial parent or
20 grandparent. In addition, the court:
21 1. May order the custodial parent to pay reasonable
22 court costs and attorney's fees incurred by the noncustodial
23 parent or grandparent to enforce their visitation rights or
24 make up improperly denied visitation;
25 2. May order the custodial parent to attend the
26 parenting course approved by the judicial circuit;
27 3. May order the custodial parent to do community
28 service if the order will not interfere with the welfare of
29 the child;
30 4. May order the custodial parent to have the
31 financial burden of promoting frequent and continuing contact
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1 when the custodial parent and child reside further than 60
2 miles from the noncustodial parent;
3 5. May award custody, rotating custody, or primary
4 residence to the noncustodial parent, upon the request of the
5 noncustodial parent, if the award is in the best interests of
6 the child; or
7 6. May impose any other reasonable sanction as a
8 result of noncompliance.
9 (d) A person who violates this subsection may be
10 punished by contempt of court or other remedies as the court
11 deems appropriate.
12 (5) The court may make specific orders for the care
13 and custody of the minor child as from the circumstances of
14 the parties and the nature of the case is equitable and
15 provide for child support in accordance with the guidelines in
16 s. 61.30. An award of shared parental responsibility of a
17 minor child does not preclude the court from entering an order
18 for child support of the child.
19 (6) In any proceeding under this section, the court
20 may not deny shared parental responsibility, custody, or
21 visitation rights to a parent or grandparent solely because
22 that parent or grandparent is or is believed to be infected
23 with human immunodeficiency virus; but the court may condition
24 such rights upon the parent's or grandparent's agreement to
25 observe measures approved by the Centers for Disease Control
26 and Prevention of the United States Public Health Service or
27 by the Department of Health for preventing the spread of human
28 immunodeficiency virus to the child.
29 (7) In any case where the child is actually residing
30 with a grandparent in a stable relationship, whether the court
31 has awarded custody to the grandparent or not, the court may
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1 recognize the grandparents as having the same standing as
2 parents for evaluating what custody arrangements are in the
3 best interest of the child.
4 (7)(8) If the court orders that parental
5 responsibility, including visitation, be shared by both
6 parents, the court may not deny the noncustodial parent
7 overnight contact and access to or visitation with the child
8 solely because of the age or sex of the child.
9 (8)(9)(a) Beginning July 1, 1997, each party to any
10 paternity or support proceeding is required to file with the
11 tribunal as defined in s. 88.1011(22) and State Case Registry
12 upon entry of an order, and to update as appropriate,
13 information on location and identity of the party, including
14 social security number, residential and mailing addresses,
15 telephone number, driver's license number, and name, address,
16 and telephone number of employer. Beginning October 1, 1998,
17 each party to any paternity or child support proceeding in a
18 non-Title IV-D case shall meet the above requirements for
19 updating the tribunal and State Case Registry.
20 (b) Pursuant to the federal Personal Responsibility
21 and Work Opportunity Reconciliation Act of 1996, each party is
22 required to provide his or her social security number in
23 accordance with this section. Disclosure of social security
24 numbers obtained through this requirement shall be limited to
25 the purpose of administration of the Title IV-D program for
26 child support enforcement.
27 (c) Beginning July 1, 1997, in any subsequent Title
28 IV-D child support enforcement action between the parties,
29 upon sufficient showing that diligent effort has been made to
30 ascertain the location of such a party, the court of competent
31 jurisdiction shall deem state due process requirements for
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1 notice and service of process to be met with respect to the
2 party, upon delivery of written notice to the most recent
3 residential or employer address filed with the tribunal and
4 State Case Registry pursuant to paragraph (a). Beginning
5 October 1, 1998, in any subsequent non-Title IV-D child
6 support enforcement action between the parties, the same
7 requirements for service shall apply.
8 (9)(10) At the time an order for child support is
9 entered, each party is required to provide his or her social
10 security number and date of birth to the court, as well as the
11 name, date of birth, and social security number of each minor
12 child that is the subject of such child support order.
13 Pursuant to the federal Personal Responsibility and Work
14 Opportunity Reconciliation Act of 1996, each party is required
15 to provide his or her social security number in accordance
16 with this section. All social security numbers required by
17 this section shall be provided by the parties and maintained
18 by the depository as a separate attachment in the file.
19 Disclosure of social security numbers obtained through this
20 requirement shall be limited to the purpose of administration
21 of the Title IV-D program for child support enforcement.
22 Section 7. Subsections (3) and (4) of section 61.21,
23 Florida Statutes, are amended to read:
24 61.21 Parenting course authorized; fees; required
25 attendance authorized; contempt.--
26 (3) All parties to a dissolution of marriage
27 proceeding with minor children or a paternity action that
28 which involves issues of parental responsibility shall be
29 required to complete the Parent Education and Family
30 Stabilization Course prior to the entry by the court of a
31 final judgment. The court may excuse a party from attending
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1 the parenting course or meeting the required timeframe for
2 completing the course for good cause.
3 (4) All parties required to complete a parenting
4 course under this section shall begin the course as
5 expeditiously as possible after filing for dissolution of
6 marriage or paternity. Unless excused by the court pursuant to
7 subsection (3), the petitioner in the action must complete the
8 course within 45 days after filing the petition and all other
9 parties to the action must complete the course within 45 days
10 after service of the petition. Each party and shall file proof
11 of compliance with the court prior to the entry of the final
12 judgment.
13 Section 8. Paragraph (a) of subsection (5) and
14 paragraph (a) of subsection (6) of section 741.30, Florida
15 Statutes, are amended to read:
16 741.30 Domestic violence; injunction; powers and
17 duties of court and clerk; petition; notice and hearing;
18 temporary injunction; issuance of injunction; statewide
19 verification system; enforcement.--
20 (5)(a) When it appears to the court that an immediate
21 and present danger of domestic violence exists, the court may
22 grant a temporary injunction ex parte, pending a full hearing,
23 and may grant such relief as the court deems proper, including
24 an injunction:
25 1. Restraining the respondent from committing any acts
26 of domestic violence.
27 2. Awarding to the petitioner the temporary exclusive
28 use and possession of the dwelling that the parties share or
29 excluding the respondent from the residence of the petitioner.
30 3. On the same basis as provided in s. 61.13 s.
31 61.13(2), (3), (4), and (5), granting to the petitioner
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1 temporary custody of a minor child or children. An order of
2 temporary custody remains in effect until the order expires or
3 an order is entered by a court of competent jurisdiction in a
4 pending or subsequent civil action or proceeding affecting the
5 placement of, access to, parental time with, adoption, or
6 parental rights and responsibilities for the minor child.
7 (6)(a) Upon notice and hearing, when it appears to the
8 court that the petitioner is either the victim of domestic
9 violence as defined by s. 741.28 or has reasonable cause to
10 believe he or she is in imminent danger of becoming a victim
11 of domestic violence, the court may grant such relief as the
12 court deems proper, including an injunction:
13 1. Restraining the respondent from committing any acts
14 of domestic violence.
15 2. Awarding to the petitioner the exclusive use and
16 possession of the dwelling that the parties share or excluding
17 the respondent from the residence of the petitioner.
18 3. On the same basis as provided in chapter 61,
19 awarding temporary custody of, or temporary visitation rights
20 with regard to, a minor child or children of the parties. An
21 order of temporary custody or visitation remains in effect
22 until the order expires or an order is entered by a court of
23 competent jurisdiction in a pending or subsequent civil action
24 or proceeding affecting the placement of, access to, parental
25 time with, adoption, or parental rights and responsibilities
26 for the minor child.
27 4. On the same basis as provided in chapter 61,
28 establishing temporary support for a minor child or children
29 or the petitioner. An order of temporary support remains in
30 effect until the order expires or an order is entered by a
31
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1 court of competent jurisdiction in a pending or subsequent
2 civil action or proceeding affecting child support.
3 5. Ordering the respondent to participate in
4 treatment, intervention, or counseling services to be paid for
5 by the respondent. When the court orders the respondent to
6 participate in a batterers' intervention program, the court,
7 or any entity designated by the court, must provide the
8 respondent with a list of all certified batterers'
9 intervention programs and all programs which have submitted an
10 application to the Department of Children and Family Services
11 Corrections to become certified under s. 741.32 s. 741.325,
12 from which the respondent must choose a program in which to
13 participate. If there are no certified batterers' intervention
14 programs in the circuit, the court shall provide a list of
15 acceptable programs from which the respondent must choose a
16 program in which to participate.
17 6. Referring a petitioner to a certified domestic
18 violence center. The court must provide the petitioner with a
19 list of certified domestic violence centers in the circuit
20 which the petitioner may contact.
21 7. Ordering such other relief as the court deems
22 necessary for the protection of a victim of domestic violence,
23 including injunctions or directives to law enforcement
24 agencies, as provided in this section.
25 Section 9. Subsection (1) of section 61.1827, Florida
26 Statutes, is amended to read:
27 61.1827 Identifying information concerning applicants
28 for and recipients of child support services.--
29 (1) Any information that reveals the identity of
30 applicants for or recipients of child support services,
31 including the name, address, and telephone number of such
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1 persons, in the possession of a non-Title IV-D county child
2 support enforcement agency is confidential and exempt from
3 public disclosure pursuant to s. 119.07(1) and s. 24(a) of
4 Art. I of the State Constitution. The use or disclosure of
5 such information by the non-Title IV-D county child support
6 enforcement agency is limited to the purposes directly
7 connected with:
8 (a) Any investigation, prosecution, or criminal or
9 civil proceeding connected with the administration of any
10 non-Title IV-D county child support enforcement program;
11 (b) Mandatory disclosure of identifying and location
12 information as provided in s. 61.13(8) s. 61.13(9) by the
13 non-Title IV-D county child support enforcement agency when
14 providing non-Title IV-D services; or
15 (c) Mandatory disclosure of information as required by
16 ss. 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of
17 the Social Security Act.
18 (d) Disclosure to an authorized person, as defined in
19 45 C.F.R. s. 303.15, for purposes of enforcing any state or
20 federal law with respect to the unlawful taking or restraint
21 of a child or making or enforcing a child custody or
22 visitation determination. As used in this paragraph, the term
23 "authorized person" includes a noncustodial parent, unless a
24 court has entered an order under s. 741.30, s. 741.31, or s.
25 784.046.
26 Section 10. Subsection (1) of section 409.2579,
27 Florida Statutes, is amended to read:
28 409.2579 Safeguarding Title IV-D case file
29 information.--
30 (1) Information concerning applicants for or
31 recipients of Title IV-D child support services is
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1 confidential and exempt from the provisions of s. 119.07(1).
2 The use or disclosure of such information by the IV-D program
3 is limited to purposes directly connected with:
4 (a) The administration of the plan or program approved
5 under part A, part B, part D, part E, or part F of Title IV;
6 under Title II, Title X, Title XIV, Title XVI, Title XIX, or
7 Title XX; or under the supplemental security income program
8 established under Title XVI of the Social Security Act;
9 (b) Any investigation, prosecution, or criminal or
10 civil proceeding connected with the administration of any such
11 plan or program;
12 (c) The administration of any other federal or
13 federally assisted program which provides service or
14 assistance, in cash or in kind, directly to individuals on the
15 basis of need;
16 (d) Reporting to an appropriate agency or official,
17 information on known or suspected instances of physical or
18 mental injury, child abuse, sexual abuse or exploitation, or
19 negligent treatment or maltreatment of a child who is the
20 subject of a support enforcement activity under circumstances
21 which indicate that the child's health or welfare is
22 threatened thereby; and
23 (e) Mandatory disclosure of identifying and location
24 information as provided in s. 61.13(8) s. 61.13(9) by the IV-D
25 program when providing Title IV-D services.
26 Section 11. If any provision of this act or its
27 application to any person or circumstance is held invalid, the
28 invalidity does not affect other provisions or applications of
29 the act which can be given effect without the invalid
30 provision or application, and to this end the provisions of
31 this act are severable.
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1 Section 12. This act shall take effect July 1, 2004.
2
3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 Senate Bill 586
5
6 - Clarifies that the Florida Supreme Court can use only a
portion rather than the entire social security number to
7 develop a unique identifier for purposes of identifying
and tracking related cases.
8
- Adds adoption and parental rights to the list of
9 subsequent civil proceedings in which a chapter 39 order
might either take precedence, be subsequently modified,
10 and admissible.
11 - Adds adoption and parental rights to the list of
subsequent civil proceedings in which a temporary child
12 custody, visitation and support order entered in a
domestic violence injunction proceeding may be
13 subsequently modified.
14 - Deletes completely the two provisions in chapter 61,
F.S., relating to grandparents visitation rights that
15 were declared unconstitutional.
16 - Conforms statutory cross-references within s. 61.1827,
F.S., and s. 409.2579, F.S., to reflect changes in the
17 bill.
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