Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 510
                        Barcode 913332
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Judiciary (Posey) recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Subsection (1) of section 751.011, Florida
19  Statutes, is amended to read:
20         751.011  Definitions.--As used in ss. 751.01-751.05,
21  the term:
22         (1)  "Extended family member" is any person who is a
23  relative:
24         (a)  Within the third degree by blood or marriage to
25  the parent or stepparent of a child and who is caring
26  full-time for that child in the role of substitute parent; or
27         (b)  Within the third degree by blood or marriage to
28  the parent or stepparent of a child and who is caring
29  full-time for that child and a half-brother or half-sister of
30  that child, in the role of substitute parent family composed
31  of the minor child and a relative of the child who is the
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    1:41 PM   02/22/05                              s0510.ju24.00a

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 510 Barcode 913332 1 child's brother, sister, grandparent, aunt, uncle, or cousin. 2 Section 2. Section 751.02, Florida Statutes, is 3 amended to read: 4 751.02 Determination of temporary custody proceedings; 5 jurisdiction.--Any extended family member relative of a minor 6 child who has the signed, notarized consent of the child's 7 legal parents, or any extended family member relative of the 8 child, including a putative father, with whom the child is 9 presently living, may bring proceedings in the circuit court 10 to determine the temporary custody of the child. A putative 11 father may bring a proceeding for temporary custody only when 12 he is unable to perfect personal service of process upon the 13 mother of the child. When the putative father is able to 14 perfect personal service of process upon the mother of the 15 child, he must petition for custody and other relief, 16 including the establishment of his paternity of the child, 17 under chapter 742. 18 Section 3. Section 751.03, Florida Statutes, is 19 amended to read: 20 751.03 Petition for temporary custody; contents.--Each 21 Every petition for temporary custody of a minor child must be 22 verified by the petitioner and must contain statements, to the 23 best of petitioner's knowledge and belief, showing: 24 (1) The name, date of birth, and current address of 25 the child; 26 (2) The names and current addresses of the child's 27 parents; 28 (3) The names and current addresses of the persons 29 with whom the child has lived during the past 5 years; 30 (4) The places where the child has lived during the 31 past 5 years; 2 1:41 PM 02/22/05 s0510.ju24.00a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 510 Barcode 913332 1 (5) Information concerning any custody proceeding in 2 this or any other state with respect to the child; 3 (6) The residence and post office address of the 4 petitioner; 5 (7) The petitioner's relationship to the child, 6 including the circumstances leading the petitioner to believe 7 he is the natural father of the child when the petitioner is 8 the putative father; and 9 (8) The consent of the child's parents, or the 10 circumstances of the child's current living situation with the 11 petitioner, including all information concerning the fitness 12 of the parents to raise the child, including information 13 concerning whether either parent has abused, abandoned, or 14 neglected the child;. 15 (9) Any temporary or permanent child support, 16 attorney's fees, costs, and disbursements; 17 (10) Whether an order of protection governing the 18 parties or a party and a minor child of the parties or party 19 is in effect and, if so, the court or similar jurisdiction in 20 which the order was entered; 21 (11) That it is in the best interests of the child for 22 the petitioner to have custody of the child; and 23 (12)(9) A statement of the period of time the 24 petitioner is requesting temporary custody, including a 25 statement of the reasons supporting that request. 26 27 Only an extended family member or putative father may file a 28 petition under this chapter. 29 Section 4. Subsection (7) of section 751.05, Florida 30 Statutes, is amended to read: 31 751.05 Order granting temporary custody.-- 3 1:41 PM 02/22/05 s0510.ju24.00a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 510 Barcode 913332 1 (7) At any time, either or both of the child's parents 2 may petition the court to modify or terminate the order 3 granting temporary custody upon a finding that the parent 4 requesting the termination of the order is a fit parent, or by 5 consent of the parties. 6 Section 5. This act shall take effect July 1, 2005. 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 Delete everything before the enacting clause 12 13 and insert: 14 A bill to be entitled 15 An act relating to temporary custody of a child 16 by an extended family member or putative 17 father; amending s. 751.011, F.S.; defining the 18 term "extended family member"; amending s. 19 751.02, F.S.; authorizing an extended family 20 member to bring a proceeding in court to 21 determine the temporary custody of a child; 22 amending s. 751.03, F.S.; specifying the 23 information that must be included in a petition 24 for temporary custody by an extended family 25 member or putative father; providing that only 26 an extended family member or putative father 27 may file a petition for temporary custody under 28 ch. 751, F.S.; amending s. 751.05, F.S.; 29 providing that either or both of the child's 30 parents may petition the court to modify the 31 order granting temporary custody under certain 4 1:41 PM 02/22/05 s0510.ju24.00a
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 510 Barcode 913332 1 circumstances; providing an effective date. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 1:41 PM 02/22/05 s0510.ju24.00a