HB 0145

CS

CHAMBER ACTION

1	The Future of Florida's Families Committee recommends the
2	following:
3
4	Council/Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to family court efficiency; creating s.
8	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 modifying a court order in a
12	subsequent civil proceeding; amending s. 39.0132, F.S.;
13	providing for limited admissibility of evidence in
14	subsequent civil proceedings; amending s. 39.521, F.S.;
15	conforming provisions to s. 39.0132, F.S., regarding
16	modification of a court order in a subsequent civil action
17	or proceeding; amending s. 39.814, F.S.; providing for
18	limited admissibility of evidence in subsequent civil
19	proceedings; amending s. 61.13, F.S.; providing for the
20	court to determine matters relating to child support in
21	any proceeding under ch. 61, F.S.; eliminating provisions
22	authorizing the court to award grandparents visitation
23	rights; eliminating provisions giving grandparents equal
24	standing as parents for evaluating custody arrangements;
25	amending s. 61.21, F.S.; requiring the Department of
26	Children and Family Services to approve parenting courses;
27	establishing requirements relating to the provision of
28	approved parenting courses; specifying timeframes for
29	completing the course; amending s. 741.30, F.S.; providing
30	for an order of temporary custody, visitation, or support
31	to remain in effect until the court enters an order in a
32	subsequent action; amending ss. 61.1827 and 409.2579,
33	F.S., relating to information about applicants and
34	recipients of child-support services; conforming cross-
35	references; providing for severability; providing an
36	effective date.
37
38	Be It Enacted by the Legislature of the State of Florida:
39
40	Section 1.  Section 25.375, Florida Statutes, is created to
41	read:
42	25.375  Identification of related cases.--
43	(1)  The Supreme Court may create a unique identifier for
44	each person by which to identify all court cases related to that
45	person or his or her family previously or currently in the court
46	system. The unique identifier must be the same for that person
47	in any court case. To create the unique identifier, the court
48	may collect a portion of the person's social security number or
49	other personal identification information, such as the person's
50	date of birth. Failure to provide a social security number for
51	this purpose may not be grounds to deny any services, rights, or
52	remedies otherwise provided by law. To implement a unique
53	identifier, the Supreme Court may require the revision of only
54	those information technology systems that are directly operated
55	and funded by the state court system.
56	(2)  In order for the Legislature to set a statewide policy
57	on the creation, maintenance, and use of a statewide unique
58	identifier for use by the state's criminal justice and court
59	systems, the Supreme Court, the Criminal and Juvenile Justice
60	Information Systems Council, and the Article V Technology Board
61	shall make recommendations to the Governor, the President of the
62	Senate, and the Speaker of the House of Representatives by
63	January 2, 2006, for establishing and implementing a unique
64	identifier. These recommendations shall address the method and
65	responsibility for establishing the unique identifier, the costs
66	associated with implementing a unique identifier, and the extent
67	to which such efforts should be coordinated with those already
68	underway by state and federal agencies. Recommendations shall
69	also consider the fiscal impact of implementation of a unique
70	identifier on the court system, the clerks of the court, the
71	counties, the state attorneys, the public defenders, local and
72	state law enforcement, and other related state agencies. This
73	subsection expires July 1, 2006.
74	Section 2.  Subsection (4) of section 39.013, Florida
75	Statutes, is amended to read:
76	39.013  Procedures and jurisdiction; right to counsel.--
77	(4)  Orders entered pursuant to this chapter which affect
78	the placement of, access to, parental time with, adoption of, or
79	parental rights and responsibilities for a minor child The order
80	of the circuit court hearing dependency matters shall be filed
81	by the clerk of the court in any dissolution or other custody
82	action or proceeding and shall take precedence over other
83	custody and visitation orders entered in civil those actions or
84	proceedings. However, if the court has terminated jurisdiction,
85	such order may be subsequently modified by a court of competent
86	jurisdiction in any other civil action or proceeding affecting
87	placement of, access to, parental time with, adoption of, or
88	parental rights and responsibilities for the same minor child.
89	Section 3.  Subsection (6) of section 39.0132, Florida
90	Statutes, is amended, and subsection (7) is added to that
91	section, to read:
92	39.0132  Oaths, records, and confidential information.--
93	(6)  No court record of proceedings under this chapter
94	shall be admissible in evidence in any other civil or criminal
95	proceeding, except that:
96	(a)  Orders permanently terminating the rights of a parent
97	and committing the child to a licensed child-placing agency or
98	the department for adoption shall be admissible in evidence in
99	subsequent adoption proceedings relating to the child.
100	(a)(b)  Records of proceedings under this chapter forming a
101	part of the record on appeal shall be used in the appellate
102	court in the manner hereinafter provided.
103	(b)(c)  Records necessary therefor shall be admissible in
104	evidence in any case in which a person is being tried upon a
105	charge of having committed perjury.
106	(c)(d)  Records of proceedings under this chapter may be
107	used to prove disqualification pursuant to s. 435.06 and for
108	proof regarding such disqualification in a chapter 120
109	proceeding.
110	(d)  A final order entered pursuant to an adjudicatory
111	hearing is admissible in evidence in any subsequent civil
112	proceeding relating to placement of, access to, parental time
113	with, adoption of, or parental rights and responsibilities for
114	the same child or a sibling of that child.
115	(e)  Evidence admitted in any proceeding under this chapter
116	may be admissible in evidence when offered by any party in a
117	subsequent civil proceeding relating to placement of, access to,
118	parental time with, adoption of, or parental rights and
119	responsibilities for the same child or a sibling of that child
120	if:
121	1.  Notice is given to the opposing party or opposing
122	party's counsel of the intent to offer the evidence and a copy
123	of such evidence is delivered to the opposing party or the
124	opposing party's counsel; and
125	2.  The evidence is otherwise admissible in the subsequent
126	civil proceeding.
127	(e)  Orders permanently and involuntarily terminating the
128	rights of a parent shall be admissible as evidence in subsequent
129	termination of parental rights proceedings for a sibling of the
130	child for whom parental rights were terminated.
131	(7)  Final orders, records, and evidence in any proceeding
132	under this chapter that are subsequently admitted in evidence
133	pursuant to subsection (6) remain subject to subsections (3) and
134	(4).
135	Section 4.  Subsection (3) of section 39.521, Florida
136	Statutes, is amended to read:
137	39.521  Disposition hearings; powers of disposition.--
138	(3)  When any child is adjudicated by a court to be
139	dependent, the court shall determine the appropriate placement
140	for the child as follows:
141	(a)  If the court determines that the child can safely
142	remain in the home with the parent with whom the child was
143	residing at the time the events or conditions arose that brought
144	the child within the jurisdiction of the court and that
145	remaining in this home is in the best interest of the child,
146	then the court shall order conditions under which the child may
147	remain or return to the home and that this placement be under
148	the protective supervision of the department for not less than 6
149	months.
150	(b)  If there is a parent with whom the child was not
151	residing at the time the events or conditions arose that brought
152	the child within the jurisdiction of the court who desires to
153	assume custody of the child, the court shall place the child
154	with that parent upon completion of a home study, unless the
155	court finds that such placement would endanger the safety, well-
156	being, or physical, mental, or emotional health of the child.
157	Any party with knowledge of the facts may present to the court
158	evidence regarding whether the placement will endanger the
159	safety, well-being, or physical, mental, or emotional health of
160	the child. If the court places the child with such parent, it
161	may do either of the following:
162	1.  Order that the parent assume sole custodial
163	responsibilities for the child. The court may also provide for
164	reasonable visitation by the noncustodial parent. The court may
165	then terminate its jurisdiction over the child. The custody
166	order shall continue unless modified by a subsequent order of
167	the circuit court hearing dependency matters. The order of the
168	circuit court hearing dependency matters shall be filed in any
169	dissolution or other custody action or proceeding between the
170	parents and shall take precedence over other custody and
171	visitation orders entered in those actions.
172	2.  Order that the parent assume custody subject to the
173	jurisdiction of the circuit court hearing dependency matters.
174	The court may order that reunification services be provided to
175	the parent from whom the child has been removed, that services
176	be provided solely to the parent who is assuming physical
177	custody in order to allow that parent to retain later custody
178	without court jurisdiction, or that services be provided to both
179	parents, in which case the court shall determine at every review
180	hearing which parent, if either, shall have custody of the
181	child. The standard for changing custody of the child from one
182	parent to another or to a relative or another adult approved by
183	the court shall be the best interest of the child.
184	(c)  If no fit parent is willing or available to assume
185	care and custody of the child, place the child in the temporary
186	legal custody of an adult relative or other adult approved by
187	the court who is willing to care for the child, under the
188	protective supervision of the department. The department must
189	supervise this placement until the child reaches permanency
190	status in this home, and in no case for a period of less than 6
191	months. Permanency in a relative placement shall be by adoption,
192	long-term custody, or guardianship.
193	(d)  If the child cannot be safely placed in a nonlicensed
194	placement, the court shall commit the child to the temporary
195	legal custody of the department. Such commitment invests in the
196	department all rights and responsibilities of a legal custodian.
197	The department shall not return any child to the physical care
198	and custody of the person from whom the child was removed,
199	except for court-approved visitation periods, without the
200	approval of the court. The term of such commitment continues
201	until terminated by the court or until the child reaches the age
202	of 18. After the child is committed to the temporary legal
203	custody of the department, all further proceedings under this
204	section are governed by this chapter.
205
206	Protective supervision continues until the court terminates it
207	or until the child reaches the age of 18, whichever date is
208	first. Protective supervision shall be terminated by the court
209	whenever the court determines that permanency has been achieved
210	for the child, whether with a parent, another relative, or a
211	legal custodian, and that protective supervision is no longer
212	needed. The termination of supervision may be with or without
213	retaining jurisdiction, at the court's discretion, and shall in
214	either case be considered a permanency option for the child. The
215	order terminating supervision by the department shall set forth
216	the powers of the custodian of the child and shall include the
217	powers ordinarily granted to a guardian of the person of a minor
218	unless otherwise specified. Upon the court's termination of
219	supervision by the department, no further judicial reviews are
220	required, so long as permanency has been established for the
221	child.
222	Section 5.  Subsection (6) of section 39.814, Florida
223	Statutes, is amended, and subsection (7) is added to that
224	section, to read:
225	39.814  Oaths, records, and confidential information.--
226	(6)  No court record of proceedings under this part shall
227	be admissible in evidence in any other civil or criminal
228	proceeding, except that:
229	(a)  Orders terminating the rights of a parent are
230	admissible in evidence in subsequent adoption proceedings
231	relating to the child and in subsequent termination of parental
232	rights proceedings concerning a sibling of the child.
233	(a)(b)  Records of proceedings under this part forming a
234	part of the record on appeal shall be used in the appellate
235	court in the manner hereinafter provided.
236	(b)(c)  Records necessary therefor shall be admissible in
237	evidence in any case in which a person is being tried upon a
238	charge of having committed perjury.
239	(c)  A final order entered pursuant to an adjudicatory
240	hearing is admissible in evidence in any subsequent civil
241	proceeding relating to placement of, access to, parental time
242	with, adoption of, or parental rights and responsibilities for
243	the same child or a sibling of that child.
244	(d)  Evidence admitted in any proceeding under this part
245	may be admissible in evidence when offered by any party in a
246	subsequent civil proceeding relating to placement of, access to,
247	parental time with, adoption of, or parental rights and
248	responsibilities for the same child or a sibling of that child
249	if:
250	1.  Notice is given to the opposing party or opposing
251	party's counsel of the intent to offer the evidence and a copy
252	of such evidence is delivered to the opposing party or opposing
253	party's counsel; and
254	2.  The evidence is otherwise admissible in the subsequent
255	civil proceeding.
256	(7)  Final orders, records, and evidence in any proceeding
257	under this part which are subsequently admitted in evidence
258	pursuant to subsection (6) remain subject to subsections (3) and
259	(4).
260	Section 6.  Section 61.13, Florida Statutes, is amended to
261	read:
262	61.13  Custody and support of children; visitation rights;
263	power of court in making orders.--
264	(1)(a)  In a proceeding under this chapter for dissolution
265	of marriage, the court may at any time order either or both
266	parents who owe a duty of support to a child to pay support in
267	accordance with the guidelines in s. 61.30.  The court initially
268	entering an order requiring one or both parents to make child
269	support payments shall have continuing jurisdiction after the
270	entry of the initial order to modify the amount and terms and
271	conditions of the child support payments when the modification
272	is found necessary by the court in the best interests of the
273	child, when the child reaches majority, or when there is a
274	substantial change in the circumstances of the parties.  The
275	court initially entering a child support order shall also have
276	continuing jurisdiction to require the obligee to report to the
277	court on terms prescribed by the court regarding the disposition
278	of the child support payments.
279	(b)  Each order for support shall contain a provision for
280	health care coverage for the minor child when the coverage is
281	reasonably available. Coverage is reasonably available if either
282	the obligor or obligee has access at a reasonable rate to a
283	group health plan.  The court may require the obligor either to
284	provide health care coverage or to reimburse the obligee for the
285	cost of health care coverage for the minor child when coverage
286	is provided by the obligee.  In either event, the court shall
287	apportion the cost of coverage, and any noncovered medical,
288	dental, and prescription medication expenses of the child, to
289	both parties by adding the cost to the basic obligation
290	determined pursuant to s. 61.30(6). The court may order that
291	payment of uncovered medical, dental, and prescription
292	medication expenses of the minor child be made directly to the
293	obligee on a percentage basis.
294	1.  In a non-Title IV-D case, a copy of the court order for
295	health care coverage shall be served on the obligor's union or
296	employer by the obligee when the following conditions are met:
297	a.  The obligor fails to provide written proof to the
298	obligee within 30 days after receiving effective notice of the
299	court order, that the health care coverage has been obtained or
300	that application for coverage has been made;
301	b.  The obligee serves written notice of intent to enforce
302	an order for health care coverage on the obligor by mail at the
303	obligor's last known address; and
304	c.  The obligor fails within 15 days after the mailing of
305	the notice to provide written proof to the obligee that the
306	health care coverage existed as of the date of mailing.
307	2.a.  A support order enforced under Title IV-D of the
308	Social Security Act which requires that the obligor provide
309	health care coverage is enforceable by the department through
310	the use of the national medical support notice, and an amendment
311	to the support order is not required. The department shall
312	transfer the national medical support notice to the obligor's
313	union or employer. The department shall notify the obligor in
314	writing that the notice has been sent to the obligor's union or
315	employer, and the written notification must include the
316	obligor's rights and duties under the national medical support
317	notice. The obligor may contest the withholding required by the
318	national medical support notice based on a mistake of fact. To
319	contest the withholding, the obligor must file a written notice
320	of contest with the department within 15 business days after the
321	date the obligor receives written notification of the national
322	medical support notice from the department. Filing with the
323	department is complete when the notice is received by the person
324	designated by the department in the written notification. The
325	notice of contest must be in the form prescribed by the
326	department. Upon the timely filing of a notice of contest, the
327	department shall, within 5 business days, schedule an informal
328	conference with the obligor to discuss the obligor's factual
329	dispute. If the informal conference resolves the dispute to the
330	obligor's satisfaction or if the obligor fails to attend the
331	informal conference, the notice of contest is deemed withdrawn.
332	If the informal conference does not resolve the dispute, the
333	obligor may request an administrative hearing under chapter 120
334	within 5 business days after the termination of the informal
335	conference, in a form and manner prescribed by the department.
336	However, the filing of a notice of contest by the obligor does
337	not delay the withholding of premium payments by the union,
338	employer, or health plan administrator. The union, employer, or
339	health plan administrator must implement the withholding as
340	directed by the national medical support notice unless notified
341	by the department that the national medical support notice is
342	terminated.
343	b.  In a Title IV-D case, the department shall notify an
344	obligor's union or employer if the obligation to provide health
345	care coverage through that union or employer is terminated.
346	3.  In a non-Title IV-D case, upon receipt of the order
347	pursuant to subparagraph 1., or upon application of the obligor
348	pursuant to the order, the union or employer shall enroll the
349	minor child as a beneficiary in the group health plan regardless
350	of any restrictions on the enrollment period and withhold any
351	required premium from the obligor's income.  If more than one
352	plan is offered by the union or employer, the child shall be
353	enrolled in the group health plan in which the obligor is
354	enrolled.
355	4.a.  Upon receipt of the national medical support notice
356	under subparagraph 2. in a Title IV-D case, the union or
357	employer shall transfer the notice to the appropriate group
358	health plan administrator within 20 business days after the date
359	on the notice. The plan administrator must enroll the child as a
360	beneficiary in the group health plan regardless of any
361	restrictions on the enrollment period, and the union or employer
362	must withhold any required premium from the obligor's income
363	upon notification by the plan administrator that the child is
364	enrolled. The child shall be enrolled in the group health plan
365	in which the obligor is enrolled. If the group health plan in
366	which the obligor is enrolled is not available where the child
367	resides or if the obligor is not enrolled in group coverage, the
368	child shall be enrolled in the lowest cost group health plan
369	that is available where the child resides.
370	b.  If health care coverage or the obligor's employment is
371	terminated in a Title IV-D case, the union or employer that is
372	withholding premiums for health care coverage under a national
373	medical support notice must notify the department within 20 days
374	after the termination and provide the obligor's last known
375	address and the name and address of the obligor's new employer,
376	if known.
377	5.a.  The amount withheld by a union or employer in
378	compliance with a support order may not exceed the amount
379	allowed under s. 303(b) of the Consumer Credit Protection Act,
380	15 U.S.C. s. 1673(b), as amended. The union or employer shall
381	withhold the maximum allowed by the Consumer Credit Protection
382	Act in the following order:
383	(I)  Current support, as ordered.
384	(II)  Premium payments for health care coverage, as
385	ordered.
386	(III)  Past due support, as ordered.
387	(IV)  Other medical support or coverage, as ordered.
388	b.  If the combined amount to be withheld for current
389	support plus the premium payment for health care coverage exceed
390	the amount allowed under the Consumer Credit Protection Act, and
391	the health care coverage cannot be obtained unless the full
392	amount of the premium is paid, the union or employer may not
393	withhold the premium payment. However, the union or employer
394	shall withhold the maximum allowed in the following order:
395	(I)  Current support, as ordered.
396	(II)  Past due support, as ordered.
397	(III)  Other medical support or coverage, as ordered.
398	6.  The Department of Revenue may adopt rules to administer
399	the child support enforcement provisions of this section which
400	affect Title IV-D cases.
401	(c)  To the extent necessary to protect an award of child
402	support, the court may order the obligor to purchase or maintain
403	a life insurance policy or a bond, or to otherwise secure the
404	child support award with any other assets which may be suitable
405	for that purpose.
406	(d)1.  Unless the provisions of subparagraph 3. apply, all
407	child support orders entered on or after January 1, 1985, shall
408	direct that the payments of child support be made as provided in
409	s. 61.181 through the depository in the county where the court
410	is located. All child support orders shall provide the full name
411	and date of birth of each minor child who is the subject of the
412	child support order.
413	2.  Unless the provisions of subparagraph 3. apply, all
414	child support orders entered before January 1, 1985, shall be
415	modified by the court to direct that payments of child support
416	shall be made through the depository in the county where the
417	court is located upon the subsequent appearance of either or
418	both parents to modify or enforce the order, or in any related
419	proceeding.
420	3.  If both parties request and the court finds that it is
421	in the best interest of the child, support payments need not be
422	directed through the depository.  The order of support shall
423	provide, or shall be deemed to provide, that either party may
424	subsequently apply to the depository to require direction of the
425	payments through the depository.  The court shall provide a copy
426	of the order to the depository.
427	4.  If the parties elect not to require that support
428	payments be made through the depository, any party may
429	subsequently file an affidavit with the depository alleging a
430	default in payment of child support and stating that the party
431	wishes to require that payments be made through the depository.
432	The party shall provide copies of the affidavit to the court and
433	to each other party.  Fifteen days after receipt of the
434	affidavit, the depository shall notify both parties that future
435	payments shall be paid through the depository.
436	5.  In IV-D cases, the IV-D agency shall have the same
437	rights as the obligee in requesting that payments be made
438	through the depository.
439	(e)  In a judicial circuit with a work experience and job
440	training pilot project, if the obligor is unemployed or has no
441	income and does not have an account at a financial institution,
442	then the court shall order the obligor to seek employment, if
443	the obligor is able to engage in employment, and to immediately
444	notify the court upon obtaining employment, upon obtaining any
445	income, or upon obtaining any ownership of any asset with a
446	value of $500 or more.  If the obligor is still unemployed 30
447	days after any order for support, the court may order the
448	obligor to enroll in the work experience, job placement, and job
449	training pilot program for noncustodial parents as established
450	in s. 409.2565, if the obligor is eligible for entrance into the
451	pilot program.
452	(2)(a)  The court shall have jurisdiction to determine
453	custody, notwithstanding that the child is not physically
454	present in this state at the time of filing any proceeding under
455	this chapter, if it appears to the court that the child was
456	removed from this state for the primary purpose of removing the
457	child from the jurisdiction of the court in an attempt to avoid
458	a determination or modification of custody.
459	(b)1.  The court shall determine all matters relating to
460	custody of each minor child of the parties in accordance with
461	the best interests of the child and in accordance with the
462	Uniform Child Custody Jurisdiction and Enforcement Act. It is
463	the public policy of this state to assure that each minor child
464	has frequent and continuing contact with both parents after the
465	parents separate or the marriage of the parties is dissolved and
466	to encourage parents to share the rights and responsibilities,
467	and joys, of childrearing. After considering all relevant facts,
468	the father of the child shall be given the same consideration as
469	the mother in determining the primary residence of a child
470	irrespective of the age or sex of the child.
471	2.  The court shall order that the parental responsibility
472	for a minor child be shared by both parents unless the court
473	finds that shared parental responsibility would be detrimental
474	to the child. Evidence that a parent has been convicted of a
475	felony of the third degree or higher involving domestic
476	violence, as defined in s. 741.28 and chapter 775, or meets the
477	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
478	detriment to the child. If the presumption is not rebutted,
479	shared parental responsibility, including visitation, residence
480	of the child, and decisions made regarding the child, may not be
481	granted to the convicted parent. However, the convicted parent
482	is not relieved of any obligation to provide financial support.
483	If the court determines that shared parental responsibility
484	would be detrimental to the child, it may order sole parental
485	responsibility and make such arrangements for visitation as will
486	best protect the child or abused spouse from further harm.
487	Whether or not there is a conviction of any offense of domestic
488	violence or child abuse or the existence of an injunction for
489	protection against domestic violence, the court shall consider
490	evidence of domestic violence or child abuse as evidence of
491	detriment to the child.
492	a.  In ordering shared parental responsibility, the court
493	may consider the expressed desires of the parents and may grant
494	to one party the ultimate responsibility over specific aspects
495	of the child's welfare or may divide those responsibilities
496	between the parties based on the best interests of the child.
497	Areas of responsibility may include primary residence,
498	education, medical and dental care, and any other
499	responsibilities that the court finds unique to a particular
500	family.
501	b.  The court shall order "sole parental responsibility,
502	with or without visitation rights, to the other parent when it
503	is in the best interests of" the minor child.
504	c.  The court may award the grandparents visitation rights
505	with a minor child if it is in the child's best interest.
506	Grandparents have legal standing to seek judicial enforcement of
507	such an award. This section does not require that grandparents
508	be made parties or given notice of dissolution pleadings or
509	proceedings. A court may not order that a child be kept within
510	the state or jurisdiction of the court solely for the purpose of
511	permitting visitation by the grandparents.
512	3.  Access to records and information pertaining to a minor
513	child, including, but not limited to, medical, dental, and
514	school records, may not be denied to a parent because the parent
515	is not the child's primary residential parent. Full rights under
516	this subparagraph apply to either parent unless a court order
517	specifically revokes these rights, including any restrictions on
518	these rights as provided in a domestic violence injunction. A
519	parent having rights under this subparagraph has the same rights
520	upon request as to form, substance, and manner of access as are
521	available to the other parent of a child, including, without
522	limitation, the right to in-person communication with medical,
523	dental, and education providers.
524	(c)  The circuit court in the county in which either parent
525	and the child reside or the circuit court in which the original
526	award of custody was entered have jurisdiction to modify an
527	award of child custody. The court may change the venue in
528	accordance with s. 47.122.
529	(d)  No presumption shall arise in favor of or against a
530	request to relocate when a primary residential parent seeks to
531	move the child and the move will materially affect the current
532	schedule of contact and access with the secondary residential
533	parent.  In making a determination as to whether the primary
534	residential parent may relocate with a child, the court must
535	consider the following factors:
536	1.  Whether the move would be likely to improve the general
537	quality of life for both the residential parent and the child.
538	2.  The extent to which visitation rights have been allowed
539	and exercised.
540	3.  Whether the primary residential parent, once out of the
541	jurisdiction, will be likely to comply with any substitute
542	visitation arrangements.
543	4.  Whether the substitute visitation will be adequate to
544	foster a continuing meaningful relationship between the child
545	and the secondary residential parent.
546	5.  Whether the cost of transportation is financially
547	affordable by one or both parties.
548	6.  Whether the move is in the best interests of the child.
549	(3)  For purposes of shared parental responsibility and
550	primary residence, the best interests of the child shall include
551	an evaluation of all factors affecting the welfare and interests
552	of the child, including, but not limited to:
553	(a)  The parent who is more likely to allow the child
554	frequent and continuing contact with the nonresidential parent.
555	(b)  The love, affection, and other emotional ties existing
556	between the parents and the child.
557	(c)  The capacity and disposition of the parents to provide
558	the child with food, clothing, medical care or other remedial
559	care recognized and permitted under the laws of this state in
560	lieu of medical care, and other material needs.
561	(d)  The length of time the child has lived in a stable,
562	satisfactory environment and the desirability of maintaining
563	continuity.
564	(e)  The permanence, as a family unit, of the existing or
565	proposed custodial home.
566	(f)  The moral fitness of the parents.
567	(g)  The mental and physical health of the parents.
568	(h)  The home, school, and community record of the child.
569	(i)  The reasonable preference of the child, if the court
570	deems the child to be of sufficient intelligence, understanding,
571	and experience to express a preference.
572	(j)  The willingness and ability of each parent to
573	facilitate and encourage a close and continuing parent-child
574	relationship between the child and the other parent.
575	(k)  Evidence that any party has knowingly provided false
576	information to the court regarding a domestic violence
577	proceeding pursuant to s. 741.30.
578	(l)  Evidence of domestic violence or child abuse.
579	(m)  Any other fact considered by the court to be relevant.
580	(4)(a)  When a noncustodial parent who is ordered to pay
581	child support or alimony and who is awarded visitation rights
582	fails to pay child support or alimony, the custodial parent
583	shall not refuse to honor the noncustodial parent's visitation
584	rights.
585	(b)  When a custodial parent refuses to honor a
586	noncustodial parent's visitation rights, the noncustodial parent
587	shall not fail to pay any ordered child support or alimony.
588	(c)  When a custodial parent refuses to honor a
589	noncustodial parent's or grandparent's visitation rights without
590	proper cause, the court shall, after calculating the amount of
591	visitation improperly denied, award the noncustodial parent or
592	grandparent a sufficient amount of extra visitation to
593	compensate the noncustodial parent or grandparent, which
594	visitation shall be ordered as expeditiously as possible in a
595	manner consistent with the best interests of the child and
596	scheduled in a manner that is convenient for the person deprived
597	of visitation. In ordering any makeup visitation, the court
598	shall schedule such visitation in a manner that is consistent
599	with the best interests of the child or children and that is
600	convenient for the noncustodial parent or grandparent. In
601	addition, the court:
602	1.  May order the custodial parent to pay reasonable court
603	costs and attorney's fees incurred by the noncustodial parent or
604	grandparent to enforce their visitation rights or make up
605	improperly denied visitation;
606	2.  May order the custodial parent to attend the parenting
607	course approved by the judicial circuit;
608	3.  May order the custodial parent to do community service
609	if the order will not interfere with the welfare of the child;
610	4.  May order the custodial parent to have the financial
611	burden of promoting frequent and continuing contact when the
612	custodial parent and child reside further than 60 miles from the
613	noncustodial parent;
614	5.  May award custody, rotating custody, or primary
615	residence to the noncustodial parent, upon the request of the
616	noncustodial parent, if the award is in the best interests of
617	the child; or
618	6.  May impose any other reasonable sanction as a result of
619	noncompliance.
620	(d)  A person who violates this subsection may be punished
621	by contempt of court or other remedies as the court deems
622	appropriate.
623	(5)  The court may make specific orders for the care and
624	custody of the minor child as from the circumstances of the
625	parties and the nature of the case is equitable and provide for
626	child support in accordance with the guidelines in s. 61.30.  An
627	award of shared parental responsibility of a minor child does
628	not preclude the court from entering an order for child support
629	of the child.
630	(6)  In any proceeding under this section, the court may
631	not deny shared parental responsibility, custody, or visitation
632	rights to a parent or grandparent solely because that parent or
633	grandparent is or is believed to be infected with human
634	immunodeficiency virus; but the court may condition such rights
635	upon the parent's or grandparent's agreement to observe measures
636	approved by the Centers for Disease Control and Prevention of
637	the United States Public Health Service or by the Department of
638	Health for preventing the spread of human immunodeficiency virus
639	to the child.
640	(7)  In any case where the child is actually residing with
641	a grandparent in a stable relationship, whether the court has
642	awarded custody to the grandparent or not, the court may
643	recognize the grandparents as having the same standing as
644	parents for evaluating what custody arrangements are in the best
645	interest of the child.
646	(7)(8)  If the court orders that parental responsibility,
647	including visitation, be shared by both parents, the court may
648	not deny the noncustodial parent overnight contact and access to
649	or visitation with the child solely because of the age or sex of
650	the child.
651	(8)(9)(a)  Beginning July 1, 1997, each party to any
652	paternity or support proceeding is required to file with the
653	tribunal as defined in s. 88.1011(22) and State Case Registry
654	upon entry of an order, and to update as appropriate,
655	information on location and identity of the party, including
656	social security number, residential and mailing addresses,
657	telephone number, driver's license number, and name, address,
658	and telephone number of employer. Beginning October 1, 1998,
659	each party to any paternity or child support proceeding in a
660	non-Title IV-D case shall meet the above requirements for
661	updating the tribunal and State Case Registry.
662	(b)  Pursuant to the federal Personal Responsibility and
663	Work Opportunity Reconciliation Act of 1996, each party is
664	required to provide his or her social security number in
665	accordance with this section.  Disclosure of social security
666	numbers obtained through this requirement shall be limited to
667	the purpose of administration of the Title IV-D program for
668	child support enforcement.
669	(c)  Beginning July 1, 1997, in any subsequent Title IV-D
670	child support enforcement action between the parties, upon
671	sufficient showing that diligent effort has been made to
672	ascertain the location of such a party, the court of competent
673	jurisdiction shall deem state due process requirements for
674	notice and service of process to be met with respect to the
675	party, upon delivery of written notice to the most recent
676	residential or employer address filed with the tribunal and
677	State Case Registry pursuant to paragraph (a). Beginning October
678	1, 1998, in any subsequent non-Title IV-D child support
679	enforcement action between the parties, the same requirements
680	for service shall apply.
681	(9)(10)  At the time an order for child support is entered,
682	each party is required to provide his or her social security
683	number and date of birth to the court, as well as the name, date
684	of birth, and social security number of each minor child that is
685	the subject of such child support order. Pursuant to the federal
686	Personal Responsibility and Work Opportunity Reconciliation Act
687	of 1996, each party is required to provide his or her social
688	security number in accordance with this section. All social
689	security numbers required by this section shall be provided by
690	the parties and maintained by the depository as a separate
691	attachment in the file. Disclosure of social security numbers
692	obtained through this requirement shall be limited to the
693	purpose of administration of the Title IV-D program for child
694	support enforcement.
695	Section 7.  Subsections (3), (4), (5), and (6) of section
696	61.21, Florida Statutes, are amended to read:
697	61.21  Parenting course authorized; fees; required
698	attendance authorized; contempt.--
699	(3)  Each course provider offering a parenting course
700	pursuant to this section must be approved by the Department of
701	Children and Family Services.
702	(a)  The Department of Children and Family Services shall
703	provide each judicial circuit with a list of approved course
704	providers and sites at which the parent education and family
705	stabilization course may be completed. Each judicial circuit
706	must make information regarding all course providers approved
707	for that circuit available to all parents.
708	(b)  The Department of Children and Family Services shall
709	include on the list of approved course providers and sites for
710	each circuit at least one site in that circuit where the parent
711	education and family stabilization course may be completed on a
712	sliding fee scale, if available.
713	(c)  The Department of Children and Family Services shall
714	include on the list of approved course providers, without
715	limitation as to the area of the state for which the course is
716	approved, a minimum of one statewide approved course to be
717	provided through the Internet and one statewide approved course
718	to be provided through correspondence. The purpose of the
719	Internet and correspondence courses is to ensure that the parent
720	education and stabilization course is available in the home
721	county of each state resident and to those out-of-state persons
722	subject to this section.
723	(d)  The Department of Children and Family Services may
724	remove a provider who violates this section, or its implementing
725	rules, from the list of approved court providers.
726	(e)  The Department of Children and Family Services shall
727	adopt rules to administer subsection (2) and this subsection.
728	(4)(3)  All parties to a dissolution of marriage proceeding
729	with minor children or a paternity action that which involves
730	issues of parental responsibility shall be required to complete
731	the Parent Education and Family Stabilization Course prior to
732	the entry by the court of a final judgment. The court may excuse
733	a party from attending the parenting course, or from completing
734	the course within the required time, for good cause.
735	(5)(4)  All parties required to complete a parenting course
736	under this section shall begin the course as expeditiously as
737	possible. For dissolution of marriage actions, unless excused by
738	the court pursuant to subsection (4), the petitioner must
739	complete the course within 45 days after the filing of the
740	petition, and all other parties must complete the course within
741	45 days after service of the petition. For paternity actions,
742	unless excused by the court pursuant to subsection (4), the
743	petitioner must complete the course within 45 days after filing
744	the petition, and any other party must complete the course
745	within 45 days after an acknowledgment of paternity by that
746	party, an adjudication of paternity of that party, or an order
747	granting visitation to or support from that party. Each party to
748	a dissolution or paternity action after filing for dissolution
749	of marriage and shall file proof of compliance with this
750	subsection with the court prior to the entry of the final
751	judgment.
752	(6)(5)  All parties to a modification of a final judgment
753	involving shared parental responsibilities, custody, or
754	visitation may be required to complete a court-approved
755	parenting course prior to the entry of an order modifying the
756	final judgment.
757	(6)  The department shall provide each judicial circuit
758	with a list of approved course providers and sites at which the
759	parent education and family stabilization course required by
760	this section may be completed. The department shall also include
761	on the list of course providers and sites at least one site in
762	each circuit at which the parent education and family
763	stabilization course may be completed on a sliding fee scale, if
764	available.
765	Section 8.  Paragraph (a) of subsection (5) and paragraph
766	(a) of subsection (6) of section 741.30, Florida Statutes, are
767	amended to read:
768	741.30  Domestic violence; injunction; powers and duties of
769	court and clerk; petition; notice and hearing; temporary
770	injunction; issuance of injunction; statewide verification
771	system; enforcement.--
772	(5)(a)  When it appears to the court that an immediate and
773	present danger of domestic violence exists, the court may grant
774	a temporary injunction ex parte, pending a full hearing, and may
775	grant such relief as the court deems proper, including an
776	injunction:
777	1.  Restraining the respondent from committing any acts of
778	domestic violence.
779	2.  Awarding to the petitioner the temporary exclusive use
780	and possession of the dwelling that the parties share or
781	excluding the respondent from the residence of the petitioner.
782	3.  On the same basis as provided in s. 61.13(2), (3), (4),
783	and (5), granting to the petitioner temporary custody of a minor
784	child or children. An order of temporary custody remains in
785	effect until the order expires or an order is entered by a court
786	of competent jurisdiction in a pending or subsequent civil
787	action or proceeding affecting the placement of, access to,
788	parental time with, adoption of, or parental rights and
789	responsibilities for the minor child.
790	(6)(a)  Upon notice and hearing, when it appears to the
791	court that the petitioner is either the victim of domestic
792	violence as defined by s. 741.28 or has reasonable cause to
793	believe he or she is in imminent danger of becoming a victim of
794	domestic violence, the court may grant such relief as the court
795	deems proper, including an injunction:
796	1.  Restraining the respondent from committing any acts of
797	domestic violence.
798	2.  Awarding to the petitioner the exclusive use and
799	possession of the dwelling that the parties share or excluding
800	the respondent from the residence of the petitioner.
801	3.  On the same basis as provided in chapter 61, awarding
802	temporary custody of, or temporary visitation rights with regard
803	to, a minor child or children of the parties. An order of
804	temporary custody or visitation remains in effect until the
805	order expires or an order is entered by a court of competent
806	jurisdiction in a pending or subsequent civil action or
807	proceeding affecting the placement of, access to, parental time
808	with, adoption of, or parental rights and responsibilities for
809	the minor child.
810	4.  On the same basis as provided in chapter 61,
811	establishing temporary support for a minor child or children or
812	the petitioner. An order of temporary support remains in effect
813	until the order expires or an order is entered by a court of
814	competent jurisdiction in a pending or subsequent civil action
815	or proceeding affecting child support.
816	5.  Ordering the respondent to participate in treatment,
817	intervention, or counseling services to be paid for by the
818	respondent. When the court orders the respondent to participate
819	in a batterers' intervention program, the court, or any entity
820	designated by the court, must provide the respondent with a list
821	of all certified batterers' intervention programs and all
822	programs which have submitted an application to the Department
823	of Children and Family Services Corrections to become certified
824	under s. 741.32 s. 741.325, from which the respondent must
825	choose a program in which to participate. If there are no
826	certified batterers' intervention programs in the circuit, the
827	court shall provide a list of acceptable programs from which the
828	respondent must choose a program in which to participate.
829	6.  Referring a petitioner to a certified domestic violence
830	center. The court must provide the petitioner with a list of
831	certified domestic violence centers in the circuit which the
832	petitioner may contact.
833	7.  Ordering such other relief as the court deems necessary
834	for the protection of a victim of domestic violence, including
835	injunctions or directives to law enforcement agencies, as
836	provided in this section.
837	Section 9.  Subsection (1) of section 61.1827, Florida
838	Statutes, is amended to read:
839	61.1827  Identifying information concerning applicants for
840	and recipients of child support services.--
841	(1)  Any information that reveals the identity of
842	applicants for or recipients of child support services,
843	including the name, address, and telephone number of such
844	persons, in the possession of a non-Title IV-D county child
845	support enforcement agency is confidential and exempt from
846	public disclosure pursuant to s. 119.07(1) and s. 24(a) of Art.
847	I of the State Constitution. The use or disclosure of such
848	information by the non-Title IV-D county child support
849	enforcement agency is limited to the purposes directly connected
850	with:
851	(a)  Any investigation, prosecution, or criminal or civil
852	proceeding connected with the administration of any non-Title
853	IV-D county child support enforcement program;
854	(b)  Mandatory disclosure of identifying and location
855	information as provided in s. 61.13(8)(9) by the non-Title IV-D
856	county child support enforcement agency when providing non-Title
857	IV-D services; or
858	(c)  Mandatory disclosure of information as required by ss.
859	409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
860	Social Security Act.
861	(d)  Disclosure to an authorized person, as defined in 45
862	C.F.R. s. 303.15, for purposes of enforcing any state or federal
863	law with respect to the unlawful taking or restraint of a child
864	or making or enforcing a child custody or visitation
865	determination. As used in this paragraph, the term "authorized
866	person" includes a noncustodial parent, unless a court has
867	entered an order under s. 741.30, s. 741.31, or s. 784.046.
868	Section 10.  Subsection (1) of section 409.2579, Florida
869	Statutes, is amended to read:
870	409.2579  Safeguarding Title IV-D case file information.--
871	(1)  Information concerning applicants for or recipients of
872	Title IV-D child support services is confidential and exempt
873	from the provisions of s. 119.07(1). The use or disclosure of
874	such information by the IV-D program is limited to purposes
875	directly connected with:
876	(a)  The administration of the plan or program approved
877	under part A, part B, part D, part E, or part F of Title IV;
878	under Title II, Title X, Title XIV, Title XVI, Title XIX, or
879	Title XX; or under the supplemental security income program
880	established under Title XVI of the Social Security Act;
881	(b)  Any investigation, prosecution, or criminal or civil
882	proceeding connected with the administration of any such plan or
883	program;
884	(c)  The administration of any other federal or federally
885	assisted program which provides service or assistance, in cash
886	or in kind, directly to individuals on the basis of need;
887	(d)  Reporting to an appropriate agency or official,
888	information on known or suspected instances of physical or
889	mental injury, child abuse, sexual abuse or exploitation, or
890	negligent treatment or maltreatment of a child who is the
891	subject of a support enforcement activity under circumstances
892	which indicate that the child's health or welfare is threatened
893	thereby; and
894	(e)  Mandatory disclosure of identifying and location
895	information as provided in s. 61.13(8)(9) by the IV-D program
896	when providing Title IV-D services.
897	Section 11.  If any provision of this act or its
898	application to any person or circumstance is held invalid, the
899	invalidity does not affect other provisions or applications of
900	the act which can be given effect without the invalid provision
901	or application, and to this end the provisions of this act are
902	severable.
903	Section 12.  This act shall take effect July 1, 2005.

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