HB 1195CS

CHAMBER ACTION




1The Justice Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to paternity; permitting a petition to set
7aside a determination of paternity; specifying contents of
8the petition; providing standards upon which relief shall
9be granted; providing remedies; providing that child
10support obligations shall not be suspended while a
11petition is pending; providing for genetic testing;
12providing for assessment of costs and attorney's fees;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  (1)  In any action in which a male is required
18to pay child support as the father of a child, a petition to set
19aside a determination of paternity may be made at any time upon
20the grounds set forth in this section. Any such petition shall
21be filed in the circuit court and shall be served on the mother
22or other legal guardian or custodian. The petition shall
23include:
24     (a)  An affidavit executed by the petitioner that newly
25discovered evidence has come to the petitioner's knowledge since
26the entry of judgment.
27     (b)  The results of scientific tests that are generally
28acceptable within the scientific community to show a probability
29of paternity, administered within 90 days prior to the filing of
30such petition, which results indicate that the male ordered to
31pay such child support cannot be the father of the child for
32whom support is required. A male who suspects he is not the
33father but does not have access to the child to have genetic
34testing performed may file a petition requesting the court to
35order the child to be tested.
36     (c)  An affidavit executed by the petitioner stating that
37the petitioner is current on all child support payments for the
38child for whom relief is sought.
39     (2)  The court shall grant relief on a petition filed in
40accordance with subsection (1) upon a finding by the court of
41all of the following:
42     (a)  The genetic test required in paragraph (1)(b) was
43properly conducted.
44     (b)  The male ordered to pay child support is current on
45all child support payments.
46     (c)  The male ordered to pay child support has not adopted
47the child.
48     (d)  The child was not conceived by artificial insemination
49while the male ordered to pay child support and the child's
50mother were in wedlock.
51     (e)  The male ordered to pay child support did not act to
52prevent the biological father of the child from asserting his
53paternal rights with respect to the child.
54     (f)  The male ordered to pay child support with knowledge
55that he is not the biological father of the child has not:
56     1.  Married the mother of the child and voluntarily assumed
57the parental obligation and duty to pay child support;
58     2.  Acknowledged his paternity of the child in a sworn
59statement;
60     3.  Been named as the child's biological father on the
61child's birth certificate with his consent;
62     4.  Been required to support the child because of a
63voluntary written promise;
64     5.  Received written notice from any state agency or any
65court directing him to submit to genetic testing which he
66disregarded;
67     6.  Signed a voluntary acknowledgment of paternity as
68provided in s. 742.10(4), Florida Statutes; or
69     7.  Proclaimed himself to be the child's biological father.
70     (3)  In the event the petitioner fails to make the
71requisite showing required by this section, the court shall deny
72the petition.
73     (4)  In the event relief is granted pursuant to this
74section, relief shall be limited to the issues of prospective
75child support payments and termination of parental rights,
76custody, and visitation rights. The male's previous status as
77father continues to be in existence until the order granting
78relief is rendered. All previous lawful actions taken based on
79reliance on that status are confirmed. This section shall not be
80construed to create a cause of action to recover child support
81that was previously paid.
82     (5)  The duty to pay child support and other legal
83obligations for the child shall not be suspended while the
84petition is pending except for good cause shown. However, the
85court may order the child support to be held in the registry of
86the court until final determination of paternity has been made.
87     (6)(a)  In an action brought pursuant to this section, if
88the genetic test results submitted in accordance with paragraph
89(1)(b) are provided solely by the male ordered to pay child
90support, the court on its own motion may, and on the petition of
91any party shall, order the child's mother, the child, and the
92male ordered to pay child support to submit to genetic tests.
93The court shall provide that such genetic testing be done no
94more than 30 days after the court issues its order.
95     (b)  If the mother of the child or the male ordered to pay
96child support willfully fails to submit to genetic testing or if
97either such party is the custodian of the child and willfully
98fails to submit the child for testing, the court shall issue an
99order determining the relief on the petition against the party
100so failing to submit to genetic testing. If a party shows good
101cause for failing to submit to genetic testing, such failure
102shall not be considered willful.
103     (c)  The party requesting genetic testing shall pay any
104fees charged for the tests. If the custodian of the child is
105receiving services from an administrative agency in its role as
106an agency providing enforcement of child support orders, that
107agency shall pay the cost of genetic testing if it requests the
108test and may seek reimbursement for the fees from the person
109against whom the court assesses the costs of the action.
110     (7)  If relief on a petition filed in accordance with this
111section is not granted, the court shall assess the costs of the
112action and attorney's fees against the petitioner.
113     Section 2.  This act shall take effect July 1, 2005.


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