Senate Bill sb0348e1

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    CS for SB 348                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to 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; requiring the Supreme

  7         Court, the Criminal and Juvenile Justice

  8         Information System Council, the Article V

  9         Technology Board, and the Florida Association

10         of State Court Clerks to provide

11         recommendations regarding a personal identifier

12         relating to individuals and families within the

13         court system; amending s. 39.013, F.S.;

14         providing for modifying a court order in a

15         subsequent civil proceeding; amending s.

16         39.0132, F.S.; providing for limited

17         admissibility of evidence in subsequent civil

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

19         conforming provisions to s. 39.0132, F.S.,

20         regarding modification of a court order in a

21         subsequent civil action or proceeding; amending

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

23         admissibility of evidence in subsequent civil

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

25         for the court to determine matters relating to

26         child support in any proceeding under ch. 61,

27         F.S.; providing for equal contact in custody

28         determinations in certain circumstances;

29         eliminating provisions authorizing the court to

30         award grandparents visitation rights;

31         eliminating provisions giving grandparents


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    CS for SB 348                                  First Engrossed



 1         equal standing as parents for evaluating

 2         custody arrangements; amending s. 61.21, F.S.;

 3         requiring the Department of Children and Family

 4         Services to approve parenting courses;

 5         establishing requirements relating to the

 6         provision of approved parenting courses;

 7         specifying timeframes for completing the

 8         course; amending s. 741.30, F.S.; providing for

 9         an order of temporary custody, visitation, or

10         support to remain in effect until the court

11         enters an order in a subsequent action;

12         amending ss. 61.1827 and 409.2579, F.S.,

13         relating to information about applicants and

14         recipients of child-support services;

15         conforming cross-references; providing for

16         severability; providing an effective date.

17  

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

19  

20         Section 1.  Section 25.375, Florida Statutes, is

21  created to read:

22         25.375  Identification of related cases.--The Supreme

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

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

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

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

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

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

29  other personal identification information, such as the

30  person's date of birth.  Failure to provide a social security

31  number for this purpose may not be grounds to deny any


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    CS for SB 348                                  First Engrossed



 1  services, rights, or remedies otherwise provided by law.  To

 2  implement a unique identifier, the Supreme Court may require

 3  the revision of only those information technology systems that

 4  are directly operated and funded by the state court system.

 5         Section 2.  In order for the Legislature to set a

 6  statewide policy on the creation, maintenance, and use of a

 7  statewide unique personal identifier by the state court

 8  system, the Supreme Court, the Criminal and Juvenile Justice

 9  Information System Council, the Article V Technology Board,

10  and the Florida Association of State Court Clerks shall make

11  recommendations to the Governor, the President of the Senate,

12  and the Speaker of the House of Representatives by January 2,

13  2006, for establishing and implementing a unique personal

14  identifier.  These recommendations should address the method

15  and responsibility for establishing the unique personal

16  identifier, the costs associated with implementing such

17  identifier, and the extent to which such efforts should be

18  coordinated with efforts that are underway at state and

19  federal agencies.  Recommendations should also address the

20  fiscal impact of implementing a unique personal identifier on

21  the court system, the clerks of court, the counties, state

22  attorneys, public defenders, local and state law enforcement

23  agencies, and other related state agencies.  This section

24  expires July 1, 2006.

25         Section 3.  Subsection (4) of section 39.013, Florida

26  Statutes, is amended to read:

27         39.013  Procedures and jurisdiction; right to

28  counsel.--

29         (4)  Orders entered pursuant to this chapter which

30  affect the placement of, access to, parental time with,

31  adoption of, or parental rights and responsibilities for a


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    CS for SB 348                                  First Engrossed



 1  minor child The order of the circuit court hearing dependency

 2  matters shall be filed by the clerk of the court in any

 3  dissolution or other custody action or proceeding and shall

 4  take precedence over other custody and visitation orders

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

 6  court has terminated jurisdiction, such order may be

 7  subsequently modified by a court of competent jurisdiction in

 8  any other civil action or proceeding affecting placement of,

 9  access to, parental time with, adoption of, or parental rights

10  and responsibilities for the same minor child.

11         Section 4.  Subsection (6) of section 39.0132, Florida

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

13  section, to read:

14         39.0132  Oaths, records, and confidential

15  information.--

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

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

18  proceeding, except that:

19         (a)  Orders permanently terminating the rights of a

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

21  agency or the department for adoption shall be admissible in

22  evidence in subsequent adoption proceedings relating to the

23  child.

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

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

26  appellate court in the manner hereinafter provided.

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

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

29  a charge of having committed perjury.

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

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


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    CS for SB 348                                  First Engrossed



 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 of, 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 of, 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 5.  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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    CS for SB 348                                  First Engrossed



 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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    CS for SB 348                                  First Engrossed



 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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    CS for SB 348                                  First Engrossed



 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 6.  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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    CS for SB 348                                  First Engrossed



 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 of, 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 of, 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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    CS for SB 348                                  First Engrossed



 1         Section 7.  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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    CS for SB 348                                  First Engrossed



 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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    CS for SB 348                                  First Engrossed



 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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    CS for SB 348                                  First Engrossed



 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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    CS for SB 348                                  First Engrossed



 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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    CS for SB 348                                  First Engrossed



 1  where the court is located. All child support orders shall

 2  provide the full name and date of birth of each minor child

 3  who is the subject of the child support order.

 4         2.  Unless the provisions of subparagraph 3. apply, all

 5  child support orders entered before January 1, 1985, shall be

 6  modified by the court to direct that payments of child support

 7  shall be made through the depository in the county where the

 8  court is located upon the subsequent appearance of either or

 9  both parents to modify or enforce the order, or in any related

10  proceeding.

11         3.  If both parties request and the court finds that it

12  is in the best interest of the child, support payments need

13  not be directed through the depository.  The order of support

14  shall provide, or shall be deemed to provide, that either

15  party may subsequently apply to the depository to require

16  direction of the payments through the depository.  The court

17  shall provide a copy of the order to the depository.

18         4.  If the parties elect not to require that support

19  payments be made through the depository, any party may

20  subsequently file an affidavit with the depository alleging a

21  default in payment of child support and stating that the party

22  wishes to require that payments be made through the

23  depository. The party shall provide copies of the affidavit to

24  the court and to each other party.  Fifteen days after receipt

25  of the affidavit, the depository shall notify both parties

26  that future payments shall be paid through the depository.

27         5.  In IV-D cases, the IV-D agency shall have the same

28  rights as the obligee in requesting that payments be made

29  through the depository.

30         (e)  In a judicial circuit with a work experience and

31  job training pilot project, if the obligor is unemployed or


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    CS for SB 348                                  First Engrossed



 1  has no income and does not have an account at a financial

 2  institution, then the court shall order the obligor to seek

 3  employment, if the obligor is able to engage in employment,

 4  and to immediately notify the court upon obtaining employment,

 5  upon obtaining any income, or upon obtaining any ownership of

 6  any asset with a value of $500 or more.  If the obligor is

 7  still unemployed 30 days after any order for support, the

 8  court may order the obligor to enroll in the work experience,

 9  job placement, and job training pilot program for noncustodial

10  parents as established in s. 409.2565, if the obligor is

11  eligible for entrance into the pilot program.

12         (2)(a)  The court shall have jurisdiction to determine

13  custody, notwithstanding that the child is not physically

14  present in this state at the time of filing any proceeding

15  under this chapter, if it appears to the court that the child

16  was removed from this state for the primary purpose of

17  removing the child from the jurisdiction of the court in an

18  attempt to avoid a determination or modification of custody.

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

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

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

22  the Uniform Child Custody Jurisdiction and Enforcement Act. It

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

24  child has equal frequent and continuing contact with both

25  parents after the parents separate or the marriage of the

26  parties is dissolved and to encourage parents to share the

27  rights and responsibilities, and joys, of childrearing. When a

28  parent petitions the court for equal time with each minor

29  child, and it is in the best interests of that child, the

30  court shall provide equal contact with both parents. After

31  considering all relevant facts, the father of the child shall


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    CS for SB 348                                  First Engrossed



 1  be given the same consideration as the mother in determining

 2  the primary residence of a child irrespective of the age or

 3  sex of the child.

 4         2.  The court shall order that the parental

 5  responsibility for a minor child be shared by both parents

 6  unless the court finds that shared parental responsibility

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

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

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

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

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

12  presumption is not rebutted, shared parental responsibility,

13  including visitation, residence of the child, and decisions

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

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

16  obligation to provide financial support. If the court

17  determines that shared parental responsibility would be

18  detrimental to the child, it may order sole parental

19  responsibility and make such arrangements for visitation as

20  will best protect the child or abused spouse from further

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

22  domestic violence or child abuse or the existence of an

23  injunction for protection against domestic violence, the court

24  shall consider evidence of domestic violence or child abuse as

25  evidence of detriment to the child.

26         a.  In ordering shared parental responsibility, the

27  court may consider the expressed desires of the parents and

28  may grant to one party the ultimate responsibility over

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

30  responsibilities between the parties based on the best

31  interests of the child. Areas of responsibility may include


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    CS for SB 348                                  First Engrossed



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

 2  other responsibilities that the court finds unique to a

 3  particular family.

 4         b.  The court shall order "sole parental

 5  responsibility, with or without visitation rights, to the

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

 7  child.

 8         c.  The court may award the grandparents visitation

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

10  interest. Grandparents have legal standing to seek judicial

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

12  that grandparents be made parties or given notice of

13  dissolution pleadings or proceedings. A court may not order

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

15  court solely for the purpose of permitting visitation by the

16  grandparents.

17         3.  Access to records and information pertaining to a

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

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

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

21  rights under this subparagraph apply to either parent unless a

22  court order specifically revokes these rights, including any

23  restrictions on these rights as provided in a domestic

24  violence injunction. A parent having rights under this

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

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

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

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

29  providers.

30         (c)  The circuit court in the county in which either

31  parent and the child reside or the circuit court in which the


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    CS for SB 348                                  First Engrossed



 1  original award of custody was entered have jurisdiction to

 2  modify an award of child custody. The court may change the

 3  venue in accordance with s. 47.122.

 4         (d)  No presumption shall arise in favor of or against

 5  a request to relocate when a primary residential parent seeks

 6  to move the child and the move will materially affect the

 7  current schedule of contact and access with the secondary

 8  residential parent.  In making a determination as to whether

 9  the primary residential parent may relocate with a child, the

10  court must consider the following factors:

11         1.  Whether the move would be likely to improve the

12  general quality of life for both the residential parent and

13  the child.

14         2.  The extent to which visitation rights have been

15  allowed and exercised.

16         3.  Whether the primary residential parent, once out of

17  the jurisdiction, will be likely to comply with any substitute

18  visitation arrangements.

19         4.  Whether the substitute visitation will be adequate

20  to foster a continuing meaningful relationship between the

21  child and the secondary residential parent.

22         5.  Whether the cost of transportation is financially

23  affordable by one or both parties.

24         6.  Whether the move is in the best interests of the

25  child.

26         (3)  For purposes of shared parental responsibility and

27  primary residence, the best interests of the child shall

28  include an evaluation of all factors affecting the welfare and

29  interests of the child, including, but not limited to:

30  

31  


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    CS for SB 348                                  First Engrossed



 1         (a)  The parent who is more likely to allow the child

 2  frequent and continuing contact with the nonresidential

 3  parent.

 4         (b)  The love, affection, and other emotional ties

 5  existing between the parents and the child.

 6         (c)  The capacity and disposition of the parents to

 7  provide the child with food, clothing, medical care or other

 8  remedial care recognized and permitted under the laws of this

 9  state in lieu of medical care, and other material needs.

10         (d)  The length of time the child has lived in a

11  stable, satisfactory environment and the desirability of

12  maintaining continuity.

13         (e)  The permanence, as a family unit, of the existing

14  or proposed custodial home.

15         (f)  The moral fitness of the parents.

16         (g)  The mental and physical health of the parents.

17         (h)  The home, school, and community record of the

18  child.

19         (i)  The reasonable preference of the child, if the

20  court deems the child to be of sufficient intelligence,

21  understanding, and experience to express a preference.

22         (j)  The willingness and ability of each parent to

23  facilitate and encourage a close and continuing parent-child

24  relationship between the child and the other parent.

25         (k)  Evidence that any party has knowingly provided

26  false information to the court regarding a domestic violence

27  proceeding pursuant to s. 741.30.

28         (l)  Evidence of domestic violence or child abuse.

29         (m)  Any other fact considered by the court to be

30  relevant.

31  


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    CS for SB 348                                  First Engrossed



 1         (4)(a)  When a noncustodial parent who is ordered to

 2  pay child support or alimony and who is awarded visitation

 3  rights fails to pay child support or alimony, the custodial

 4  parent shall not refuse to honor the noncustodial parent's

 5  visitation rights.

 6         (b)  When a custodial parent refuses to honor a

 7  noncustodial parent's visitation rights, the noncustodial

 8  parent shall not fail to pay any ordered child support or

 9  alimony.

10         (c)  When a custodial parent refuses to honor a

11  noncustodial parent's or grandparent's visitation rights

12  without proper cause, the court shall, after calculating the

13  amount of visitation improperly denied, award the noncustodial

14  parent or grandparent a sufficient amount of extra visitation

15  to compensate the noncustodial parent or grandparent, which

16  visitation shall be ordered as expeditiously as possible in a

17  manner consistent with the best interests of the child and

18  scheduled in a manner that is convenient for the person

19  deprived of visitation. In ordering any makeup visitation, the

20  court shall schedule such visitation in a manner that is

21  consistent with the best interests of the child or children

22  and that is convenient for the noncustodial parent or

23  grandparent. In addition, the court:

24         1.  May order the custodial parent to pay reasonable

25  court costs and attorney's fees incurred by the noncustodial

26  parent or grandparent to enforce their visitation rights or

27  make up improperly denied visitation;

28         2.  May order the custodial parent to attend the

29  parenting course approved by the judicial circuit;

30  

31  


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    CS for SB 348                                  First Engrossed



 1         3.  May order the custodial parent to do community

 2  service if the order will not interfere with the welfare of

 3  the child;

 4         4.  May order the custodial parent to have the

 5  financial burden of promoting frequent and continuing contact

 6  when the custodial parent and child reside further than 60

 7  miles from the noncustodial parent;

 8         5.  May award custody, rotating custody, or primary

 9  residence to the noncustodial parent, upon the request of the

10  noncustodial parent, if the award is in the best interests of

11  the child; or

12         6.  May impose any other reasonable sanction as a

13  result of noncompliance.

14         (d)  A person who violates this subsection may be

15  punished by contempt of court or other remedies as the court

16  deems appropriate.

17         (5)  The court may make specific orders for the care

18  and custody of the minor child as from the circumstances of

19  the parties and the nature of the case is equitable and

20  provide for child support in accordance with the guidelines in

21  s. 61.30.  An award of shared parental responsibility of a

22  minor child does not preclude the court from entering an order

23  for child support of the child.

24         (6)  In any proceeding under this section, the court

25  may not deny shared parental responsibility, custody, or

26  visitation rights to a parent or grandparent solely because

27  that parent or grandparent is or is believed to be infected

28  with human immunodeficiency virus; but the court may condition

29  such rights upon the parent's or grandparent's agreement to

30  observe measures approved by the Centers for Disease Control

31  and Prevention of the United States Public Health Service or


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    CS for SB 348                                  First Engrossed



 1  by the Department of Health for preventing the spread of human

 2  immunodeficiency virus to the child.

 3         (7)  In any case where the child is actually residing

 4  with a grandparent in a stable relationship, whether the court

 5  has awarded custody to the grandparent or not, the court may

 6  recognize the grandparents as having the same standing as

 7  parents for evaluating what custody arrangements are in the

 8  best interest of the child.

 9         (7)(8)  If the court orders that parental

10  responsibility, including visitation, be shared by both

11  parents, the court may not deny the noncustodial parent

12  overnight contact and access to or visitation with the child

13  solely because of the age or sex of the child.

14         (8)(9)(a)  Beginning July 1, 1997, each party to any

15  paternity or support proceeding is required to file with the

16  tribunal as defined in s. 88.1011(22) and State Case Registry

17  upon entry of an order, and to update as appropriate,

18  information on location and identity of the party, including

19  social security number, residential and mailing addresses,

20  telephone number, driver's license number, and name, address,

21  and telephone number of employer. Beginning October 1, 1998,

22  each party to any paternity or child support proceeding in a

23  non-Title IV-D case shall meet the above requirements for

24  updating the tribunal and State Case Registry.

25         (b)  Pursuant to the federal Personal Responsibility

26  and Work Opportunity Reconciliation Act of 1996, each party is

27  required to provide his or her social security number in

28  accordance with this section.  Disclosure of social security

29  numbers obtained through this requirement shall be limited to

30  the purpose of administration of the Title IV-D program for

31  child support enforcement.


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    CS for SB 348                                  First Engrossed



 1         (c)  Beginning July 1, 1997, in any subsequent Title

 2  IV-D child support enforcement action between the parties,

 3  upon sufficient showing that diligent effort has been made to

 4  ascertain the location of such a party, the court of competent

 5  jurisdiction shall deem state due process requirements for

 6  notice and service of process to be met with respect to the

 7  party, upon delivery of written notice to the most recent

 8  residential or employer address filed with the tribunal and

 9  State Case Registry pursuant to paragraph (a). Beginning

10  October 1, 1998, in any subsequent non-Title IV-D child

11  support enforcement action between the parties, the same

12  requirements for service shall apply.

13         (9)(10)  At the time an order for child support is

14  entered, each party is required to provide his or her social

15  security number and date of birth to the court, as well as the

16  name, date of birth, and social security number of each minor

17  child that is the subject of such child support order.

18  Pursuant to the federal Personal Responsibility and Work

19  Opportunity Reconciliation Act of 1996, each party is required

20  to provide his or her social security number in accordance

21  with this section. All social security numbers required by

22  this section shall be provided by the parties and maintained

23  by the depository as a separate attachment in the file.

24  Disclosure of social security numbers obtained through this

25  requirement shall be limited to the purpose of administration

26  of the Title IV-D program for child support enforcement.

27         Section 8.  Subsections (3), (4), (5), and (6) of

28  section 61.21, Florida Statutes, are amended to read:

29         61.21  Parenting course authorized; fees; required

30  attendance authorized; contempt.--

31  


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    CS for SB 348                                  First Engrossed



 1         (3)  Each course provider offering a parenting course

 2  pursuant to this section must be approved by the Department of

 3  Children and Family Services.

 4         (a)  The Department of Children and Family Services

 5  shall provide each judicial circuit with a list of approved

 6  course providers and sites at which the parent education and

 7  family stabilization course may be completed. Each judicial

 8  circuit must make information regarding all course providers

 9  approved for their circuit available to all parents.

10         (b)  The Department of Children and Family Services

11  shall include on the list of approved course providers and

12  sites for each circuit at least one site in that circuit where

13  the parent education and family stabilization course may be

14  completed on a sliding fee scale, if available.

15         (c)  The Department of Children and Family Services

16  shall include on the list of approved course providers,

17  without limitation as to the area of the state for which the

18  course is approved, a minimum of one statewide approved course

19  to be provided through the Internet and one statewide approved

20  course to be provided through correspondence. The purpose of

21  the Internet and correspondence courses is to ensure that the

22  parent education and stabilization course is available in the

23  home county of each state resident and to those out-of-state

24  persons subject to this section.

25         (d)  The Department of Children and Family Services may

26  remove a provider who violates this section, or its

27  implementing rules, from the list of approved court providers.

28         (e)  The Department of Children and Family Services

29  shall adopt rules to administer subsections (2) and (3).

30         (4)(3)  All parties to a dissolution of marriage

31  proceeding with minor children or a paternity action that


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    CS for SB 348                                  First Engrossed



 1  which involves issues of parental responsibility shall be

 2  required to complete the Parent Education and Family

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

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

 5  the parenting course, or from completing the course within the

 6  required time, for good cause.

 7         (5)(4)  All parties required to complete a parenting

 8  course under this section shall begin the course as

 9  expeditiously as possible. For dissolution of marriage

10  actions, unless excused by the court pursuant to subsection

11  (4), the petitioner must complete the course within 45 days

12  after the filing of the petition, and all other parties must

13  complete the course within 45 days after service of the

14  petition. For paternity actions, unless excused by the court

15  pursuant to subsection (4), the petitioner must complete the

16  course within 45 days after filing the petition, and any other

17  party must complete the course within 45 days after an

18  acknowledgement of paternity by that party, an adjudication of

19  paternity of that party, or an order granting visitation to or

20  support from that party.  Each party to a dissolution or

21  paternity action after filing for dissolution of marriage and

22  shall file proof of compliance with this subsection with the

23  court prior to the entry of the final judgment.

24         (6)(5)  All parties to a modification of a final

25  judgment involving shared parental responsibilities, custody,

26  or visitation may be required to complete a court-approved

27  parenting course prior to the entry of an order modifying the

28  final judgment.

29         (6)  The department shall provide each judicial circuit

30  with a list of approved course providers and sites at which

31  the parent education and family stabilization course required


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    CS for SB 348                                  First Engrossed



 1  by this section may be completed. The department shall also

 2  include on the list of course providers and sites at least one

 3  site in each circuit at which the parent education and family

 4  stabilization course may be completed on a sliding fee scale,

 5  if available.

 6         Section 9.  Paragraph (a) of subsection (5) and

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

 8  Statutes, are amended to read:

 9         741.30  Domestic violence; injunction; powers and

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

11  temporary injunction; issuance of injunction; statewide

12  verification system; enforcement.--

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

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

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

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

17  an injunction:

18         1.  Restraining the respondent from committing any acts

19  of domestic violence.

20         2.  Awarding to the petitioner the temporary exclusive

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

22  excluding the respondent from the residence of the petitioner.

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

24  61.13(2), (3), (4), and (5), granting to the petitioner

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

26  temporary custody remains in effect until the order expires or

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

28  pending or subsequent civil action or proceeding affecting the

29  placement of, access to, parental time with, adoption of, or

30  parental rights and responsibilities for the minor child.

31  


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    CS for SB 348                                  First Engrossed



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

 2  court that the petitioner is either the victim of domestic

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

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

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

 6  court deems proper, including an injunction:

 7         1.  Restraining the respondent from committing any acts

 8  of domestic violence.

 9         2.  Awarding to the petitioner the exclusive use and

10  possession of the dwelling that the parties share or excluding

11  the respondent from the residence of the petitioner.

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

13  awarding temporary custody of, or temporary visitation rights

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

15  order of temporary custody or visitation remains in effect

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

17  competent jurisdiction in a pending or subsequent civil action

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

19  time with, adoption of, or parental rights and

20  responsibilities for the minor child.

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

22  establishing temporary support for a minor child or children

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

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

25  court of competent jurisdiction in a pending or subsequent

26  civil action or proceeding affecting child support.

27         5.  Ordering the respondent to participate in

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

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

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

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


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    CS for SB 348                                  First Engrossed



 1  respondent with a list of all certified batterers'

 2  intervention programs and all programs which have submitted an

 3  application to the Department of Children and Family Services

 4  Corrections to become certified under s. 741.32 s. 741.325,

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

 6  participate. If there are no certified batterers' intervention

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

 8  acceptable programs from which the respondent must choose a

 9  program in which to participate.

10         6.  Referring a petitioner to a certified domestic

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

12  list of certified domestic violence centers in the circuit

13  which the petitioner may contact.

14         7.  Ordering such other relief as the court deems

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

16  including injunctions or directives to law enforcement

17  agencies, as provided in this section.

18         Section 10.  Subsection (1) of section 61.1827, Florida

19  Statutes, is amended to read:

20         61.1827  Identifying information concerning applicants

21  for and recipients of child support services.--

22         (1)  Any information that reveals the identity of

23  applicants for or recipients of child support services,

24  including the name, address, and telephone number of such

25  persons, in the possession of a non-Title IV-D county child

26  support enforcement agency is confidential and exempt from

27  public disclosure pursuant to s. 119.07(1) and s. 24(a) of

28  Art. I of the State Constitution. The use or disclosure of

29  such information by the non-Title IV-D county child support

30  enforcement agency is limited to the purposes directly

31  connected with:


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    CS for SB 348                                  First Engrossed



 1         (a)  Any investigation, prosecution, or criminal or

 2  civil proceeding connected with the administration of any

 3  non-Title IV-D county child support enforcement program;

 4         (b)  Mandatory disclosure of identifying and location

 5  information as provided in s. 61.13(8) s. 61.13(9) by the

 6  non-Title IV-D county child support enforcement agency when

 7  providing non-Title IV-D services; or

 8         (c)  Mandatory disclosure of information as required by

 9  ss. 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of

10  the Social Security Act.

11         (d)  Disclosure to an authorized person, as defined in

12  45 C.F.R. s. 303.15, for purposes of enforcing any state or

13  federal law with respect to the unlawful taking or restraint

14  of a child or making or enforcing a child custody or

15  visitation determination. As used in this paragraph, the term

16  "authorized person" includes a noncustodial parent, unless a

17  court has entered an order under s. 741.30, s. 741.31, or s.

18  784.046.

19         Section 11.  Subsection (1) of section 409.2579,

20  Florida Statutes, is amended to read:

21         409.2579  Safeguarding Title IV-D case file

22  information.--

23         (1)  Information concerning applicants for or

24  recipients of Title IV-D child support services is

25  confidential and exempt from the provisions of s. 119.07(1).

26  The use or disclosure of such information by the IV-D program

27  is limited to purposes directly connected with:

28         (a)  The administration of the plan or program approved

29  under part A, part B, part D, part E, or part F of Title IV;

30  under Title II, Title X, Title XIV, Title XVI, Title XIX, or

31  


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    CS for SB 348                                  First Engrossed



 1  Title XX; or under the supplemental security income program

 2  established under Title XVI of the Social Security Act;

 3         (b)  Any investigation, prosecution, or criminal or

 4  civil proceeding connected with the administration of any such

 5  plan or program;

 6         (c)  The administration of any other federal or

 7  federally assisted program which provides service or

 8  assistance, in cash or in kind, directly to individuals on the

 9  basis of need;

10         (d)  Reporting to an appropriate agency or official,

11  information on known or suspected instances of physical or

12  mental injury, child abuse, sexual abuse or exploitation, or

13  negligent treatment or maltreatment of a child who is the

14  subject of a support enforcement activity under circumstances

15  which indicate that the child's health or welfare is

16  threatened thereby; and

17         (e)  Mandatory disclosure of identifying and location

18  information as provided in s. 61.13(8) s. 61.13(9) by the IV-D

19  program when providing Title IV-D services.

20         Section 12.  If any provision of this act or its

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

22  invalidity does not affect other provisions or applications of

23  the act which can be given effect without the invalid

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

25  this act are severable.

26         Section 13.  This act shall take effect July 1, 2005.

27  

28  

29  

30  

31  


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