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:
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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
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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
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2184
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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
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Florida Senate - 2006 COMMITTEE AMENDMENT
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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:
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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
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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.
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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.
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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
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Florida Senate - 2006 COMMITTEE AMENDMENT
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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
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Florida Senate - 2006 COMMITTEE AMENDMENT
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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.
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Florida Senate - 2006 COMMITTEE AMENDMENT
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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,
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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.
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Florida Senate - 2006 COMMITTEE AMENDMENT
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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.
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29
30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2184
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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
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