Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 2184
                        Barcode 624784
                            CHAMBER ACTION
              Senate                               House
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       03/29/2006 07:34 PM         .                    
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11  The Committee on Judiciary (Campbell) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (d) of subsection (2) of section
19  61.13, Florida Statutes, is amended to read:
20         61.13  Custody and support of children; visitation
21  rights; power of court in making orders.--
22         (2)
23         (d)  No presumption shall arise in favor of or against
24  a request to relocate when a primary residential parent seeks
25  to move the child and the move will materially affect the
26  current schedule of contact and access with the secondary
27  residential parent. In making a determination as to whether
28  the primary residential parent may relocate with a child, the
29  court must consider the following factors:
30         1.  Whether the move would be likely to improve the
31  general quality of life for both the residential parent and
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 the child. 2 2. The extent to which visitation rights have been 3 allowed and exercised. 4 3. Whether the primary residential parent, once out of 5 the jurisdiction, will be likely to comply with any substitute 6 visitation arrangements. 7 4. Whether the substitute visitation will be adequate 8 to foster a continuing meaningful relationship between the 9 child and the secondary residential parent. 10 5. Whether the cost of transportation is financially 11 affordable by one or both parties. 12 6. Whether the move is in the best interests of the 13 child. 14 Section 2. Section 61.13001, Florida Statutes, is 15 created to read: 16 61.13001 Parental relocation with a child.-- 17 (1) DEFINITIONS.--As used in this section: 18 (a) "Change of residence address" means the relocation 19 of a child to a primary residence more than 50 miles away from 20 his or her current primary place of residence. However, the 21 relocation of a child's primary residence to a location that 22 is closer to or less than 50 miles from the non-residential 23 parent is not a change of residence address. 24 (b) "Child" means any person who is under the 25 jurisdiction of a state court pursuant to the Uniform Child 26 Custody Jurisdiction and Enforcement Act or is the subject of 27 any order granting to a parent or other person any right to 28 residential care, custody, or visitation as provided under 29 state law. 30 (c) "Court" means the circuit court in an original 31 proceeding which has proper venue and jurisdiction in 2 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 accordance with the Uniform Child Custody Jurisdiction and 2 Enforcement Act, the circuit court in the county in which 3 either parent and the child reside, or the circuit court in 4 which the original action was adjudicated. 5 (d) "Other person" means an individual who is not the 6 parent and who, by court order, maintains the primary 7 residence of a child or has visitation rights with a child. 8 (e) "Parent" means any person so named by court order 9 or express written agreement that is subject to court 10 enforcement or a person reflected as a parent on a birth 11 certificate and in whose home a child maintains a primary or 12 secondary residence. 13 (f) "Primary residential parent" means a person so 14 designated by court order or by an express written agreement 15 that is subject to court enforcement or a person seeking such 16 a designation, or, when neither parent has been designated as 17 primary residential parent, the person seeking to relocate 18 with a child. 19 (g) "Principal or primary residence of a child" means 20 the home of the designated primary residential parent. For 21 purposes of this section only, when rotating custody is in 22 effect, each parent shall be considered to be the primary 23 residential parent. 24 (h) "Relocation" means a change of residence address 25 of a child for a period of 60 consecutive days or more but 26 does not include a temporary absence from the principal 27 residence for purposes of vacation, education, or the 28 provision of health care for the child. 29 (2) NOTICE OF INTENT TO RELOCATE WITH A CHILD.--A 30 parent who is entitled to primary residence of the child shall 31 notify the other parent, and every other person entitled to 3 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 visitation with the child, of a proposed relocation of the 2 child's principal residence. The form of notice shall be 3 according to this section: 4 (a) The parent seeking to relocate shall prepare a 5 Notice of Intent to Relocate. The following information must 6 be included with the Notice of Intent to Relocate and signed 7 under oath under penalty of perjury: 8 1. A description of the location of the intended new 9 residence, including the state, city, and specific physical 10 address, if known. 11 2. The mailing address of the intended new residence, 12 if not the same as the physical address, if known. 13 3. The home telephone number of the intended new 14 residence, if known. 15 4. The date of the intended move or proposed 16 relocation. 17 5. A detailed statement of the specific reasons for 18 the proposed relocation of the child. If one of the reasons is 19 based upon a job offer which has been reduced to writing, that 20 written job offer must be attached to the Notice of Intent to 21 Relocate. 22 6. A proposal for a revised postrelocation schedule of 23 visitation with the child. 24 7. Substantially the following statement, in all 25 capital letters and in the same size type, or larger, as the 26 type in the remainder of the notice: 27 28 AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN 29 WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR 30 OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE 31 OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY 4 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED 2 WITHOUT FURTHER NOTICE AND WITHOUT A HEARING. 3 8. The mailing address of the parent or other person 4 seeking to relocate to which the objection filed under 5 subsection (4) to the Notice of Intent to Relocate should be 6 sent. 7 8 The contents of the Notice of Intent to Relocate are not 9 privileged. For purposes of encouraging amicable resolution of 10 the relocation issue, a copy of the Notice of Intent to 11 Relocate shall initially not be filed with the court but 12 instead served upon the nonrelocating parent, other person, 13 and every other person entitled to visitation with the child, 14 and the original thereof shall be maintained by the parent or 15 other person seeking to relocate. 16 (b) The parent seeking to relocate shall also prepare 17 a Certificate of Filing Notice of Intent to Relocate. The 18 certificate shall certify the date that the Notice of Intent 19 to Relocate was served on the other parent and on every other 20 person entitled to visitation with the child. 21 (c) The Notice of Intent to Relocate, and the 22 Certificate of Filing Notice of Intent to Relocate, shall be 23 served on the other parent and on every other person entitled 24 to visitation with the child. If there is a pending court 25 action regarding the child, service of process may be 26 according to court rule. Otherwise, service of process shall 27 be according to chapters 48 and 49. 28 (d) A person giving notice of a proposed relocation or 29 change of residence address under this section has a 30 continuing duty to provide current and updated information 31 required by this section when that information becomes known. 5 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 (e) If the other parent and any other person entitled 2 to visitation with the child fails to timely file an 3 objection, the relocation shall be allowed and the court shall 4 enter an order. If an objection is timely filed, the burden 5 shifts to the parent or person seeking to relocate to initiate 6 court proceedings to obtain court permission to relocate prior 7 to doing so. 8 (f) The act of relocating the child after failure to 9 comply with the notice of intent to relocate procedure 10 described in this subsection subjects the party in violation 11 thereof to contempt and other proceedings to compel the return 12 of the child and may be taken into account by the court in any 13 initial or postjudgment action seeking a determination or 14 modification of residence, custody, or visitation with the 15 child as: 16 1. A factor in making a determination regarding the 17 relocation of a child. 18 2. A factor in determining whether residence or 19 contact, access, visitation, and time-sharing arrangements 20 should be modified. 21 3. A basis for ordering the temporary or permanent 22 return of the child. 23 4. Sufficient cause to order the parent or other 24 person seeking to relocate the child to pay reasonable 25 expenses and attorney's fees incurred by the party objecting 26 to the relocation. 27 5. For the award of reasonable attorney's fees and 28 costs, including interim travel expenses incident to 29 visitation or securing the return of the child. 30 (3) APPLICABILITY OF PUBLIC RECORDS LAW.--If the 31 parent or other person seeking to relocate a child, or the 6 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 child, is entitled to prevent disclosure of location 2 information under any public records exemption applicable to 3 that person, the court may enter any order necessary to modify 4 the disclosure requirements of this section in compliance with 5 the public records exemption. 6 (4) CONTENT OF OBJECTION TO RELOCATION.--An objection 7 seeking to prevent the relocation of a child shall be verified 8 and served within 30 days after service of the Notice of 9 Intent to Relocate. The objection shall include the specific 10 factual basis supporting the reasons for seeking a prohibition 11 of the relocation, including a statement of the amount of 12 participation or involvement the objecting party currently has 13 or has had in the life of the child, and the existence of any 14 court order conflicting with this section. 15 (5) TEMPORARY ORDER.-- 16 (a) The court may grant a temporary order restraining 17 the relocation of a child or ordering the return of the child, 18 if a relocation has previously taken place, or order other 19 appropriate remedial relief, if the court finds: 20 1. The required notice of a proposed relocation of a 21 child was not provided in a timely manner. 22 2. The child already has been relocated without notice 23 or written agreement of the parties or without court approval. 24 3. From an examination of the evidence presented at 25 the preliminary hearing that there is a likelihood that upon 26 final hearing the court will not approve the relocation of the 27 primary residence of the child. 28 (b) The court may grant a temporary order permitting 29 the relocation of the child pending final hearing if the 30 court: 31 1. Finds that the required Notice of Intent to 7 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 Relocate was provided in a timely manner. 2 2. Finds from an examination of the evidence presented 3 at the preliminary hearing that there is a likelihood that on 4 final hearing the court will approve the relocation of the 5 primary residence of the child, which findings must be 6 supported by the same factual basis as would be necessary to 7 support the permitting of relocation in a final judgment. 8 (c) If the court has issued a temporary order 9 authorizing a party seeking to relocate or move a child before 10 a final judgment is rendered, the court may not give any 11 weight to the temporary relocation as a factor in reaching its 12 final decision. 13 (d) If temporary relocation of a child is permitted, 14 the court may require the person relocating the child to 15 provide reasonable security, financial or otherwise, and 16 guarantee that the court-ordered contact with the child will 17 not be interrupted or interfered with by the relocating party. 18 (6) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED 19 RELOCATION.--No presumption shall arise in favor of or against 20 a request to relocate with the child when a primary 21 residential parent seeks to move the child and the move will 22 materially affect the current schedule of contact, access, and 23 time-sharing with the nonrelocating parent or other person. In 24 reaching its decision regarding a proposed temporary or 25 permanent relocation, the court shall evaluate all of the 26 following factors: 27 (a) The nature, quality, extent of involvement, and 28 duration of the child's relationship with the parent proposing 29 to relocate with the child and with the nonrelocating parent, 30 other persons, siblings, half-siblings, and other significant 31 persons in the child's life. 8 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 (b) The age and developmental stage of the child, the 2 needs of the child, and the likely impact the relocation will 3 have on the child's physical, educational, and emotional 4 development, taking into consideration any special needs of 5 the child. 6 (c) The feasibility of preserving the relationship 7 between the nonrelocating parent or other person and the child 8 through substitute arrangements that take into consideration 9 the logistics of contact, access, visitation, and time 10 sharing, as well as the financial circumstances of the 11 parties; whether those factors are sufficient to foster a 12 continuing meaningful relationship between the child and the 13 nonrelocating parent or other person; and the likelihood of 14 compliance with the substitute arrangements by the relocating 15 parent once he or she is out of the jurisdiction of the court. 16 (d) The child's preference, taking into consideration 17 the age and maturity of the child. 18 (e) Whether the relocation will enhance the general 19 quality of life for both the parent seeking the relocation and 20 the child, including, but not limited to, financial or 21 emotional benefits or educational opportunities. 22 (f) The reasons of each parent or other person for 23 seeking or opposing the relocation. 24 (g) The current employment and economic circumstances 25 of each parent or other person and whether or not the proposed 26 relocation is necessary to improve the economic circumstances 27 of the parent or other person seeking relocation of the child. 28 (h) That the relocation is sought in good faith and 29 the extent to which the objecting parent has fulfilled his or 30 her financial obligations to the parent or other person 31 seeking relocation, including child support, spousal support, 9 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 and marital property and marital debt obligations. 2 (i) The career and other opportunities available to 3 the objecting parent or objecting other person if the 4 relocation occurs. 5 (j) A history of substance abuse or domestic violence 6 as defined in s. 741.28 or which meets the criteria of s. 7 39.806(1)(d) by either parent, including a consideration of 8 the severity of such conduct and the failure or success of any 9 attempts at rehabilitation. 10 (k) Any other factor affecting the best interest of 11 the child or as set forth in s. 61.13. 12 (7) BURDEN OF PROOF.--The parent or other person 13 wishing to relocate has the burden of proof if an objection is 14 filed and must then initiate a proceeding seeking court 15 permission for relocation. The initial burden is on the parent 16 or person wishing to relocate to prove by a preponderance of 17 the evidence that relocation is in the best interest of the 18 child. If that burden of proof is met, the burden shifts to 19 the nonrelocating parent or other person to show by a 20 preponderance of the evidence that the proposed relocation is 21 not in the best interest of the child. 22 (8) ORDER REGARDING RELOCATION.--If relocation is 23 permitted: 24 (a) The court may, in its discretion, order contact 25 with the nonrelocating parent, including access, visitation, 26 time sharing, telephone, Internet, web-cam, and other 27 arrangements sufficient to ensure that the child has frequent, 28 continuing, and meaningful contact, access, visitation, and 29 time sharing with the nonrelocating parent or other persons, 30 if contact is financially affordable and in the best interest 31 of the child. 10 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 (b) If applicable, the court shall specify how the 2 transportation costs will be allocated between the parents and 3 other persons entitled to contact, access, visitation, and 4 time sharing and may adjust the child support award, as 5 appropriate, considering the costs of transportation and the 6 respective net incomes of the parents in accordance with state 7 child support guidelines. 8 (9) PRIORITY FOR HEARING OR TRIAL.--An evidentiary 9 hearing or nonjury trial on a pleading seeking temporary or 10 permanent relief filed pursuant to this section shall be 11 accorded priority on the court's calendar. 12 (10) APPLICABILITY.-- 13 (a) The provisions of this section apply: 14 1. Before July 1, 2006, if the existing order 15 providing for custody, primary residence, and visitation does 16 not expressly govern the relocation of the child. 17 2. To an order, whether temporary or permanent, 18 regarding residence of a child or visitation with a child 19 issued after July 1, 2006. 20 3. To any relocation or proposed relocation, whether 21 permanent or temporary, of a child during any proceeding 22 pending before July 1, 2006, wherein residence of or 23 visitation with a child is an issue. 24 (b) To the extent that a provision of this section 25 conflicts with an order, this section does not apply to the 26 extent of such conflict. 27 Section 3. This act shall take effect July 1, 2006. 28 29 30 ================ T I T L E A M E N D M E N T =============== 31 And the title is amended as follows: 11 3:22 PM 03/28/06 s2184.ju32.01p
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 2184 Barcode 624784 1 Delete everything before the enacting clause 2 3 and insert: 4 A bill to be entitled 5 An act relating to parental relocation with a 6 child; amending s. 61.13, F.S.; deleting 7 standards for determining whether to allow a 8 primary residential parent to move a child; 9 creating s. 61.13001, F.S.; providing 10 definitions; providing for notification of 11 certain persons of the intent to relocate a 12 child and providing procedures therefor; 13 requiring certain information to be provided on 14 a Notice of Intent to Relocate; providing 15 procedures for objecting to the relocation of a 16 child; providing applicability of public 17 records law; providing for content of an 18 objection to relocation; authorizing the court 19 to grant a temporary order restraining the 20 relocation of a child under certain 21 circumstances; prohibiting certain presumptions 22 and requiring that certain factors be evaluated 23 by the court with regard to relocation of a 24 child; assigning the burden of proof in cases 25 of relocation of a child; authorizing the court 26 to order certain contact with the child by the 27 nonrelocating party; granting priority for 28 certain hearings and trials under s. 61.13001, 29 F.S.; providing applicability; providing an 30 effective date. 31 12 3:22 PM 03/28/06 s2184.ju32.01p