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
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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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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;
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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.
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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.--
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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.
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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
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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
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 510
Barcode 913332
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