Senate Bill sb2184c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                           CS for SB 2184

    By the Committee on Judiciary; and Senator Campbell





    590-2098-06

  1                      A bill to be entitled

  2         An act relating to parental relocation with a

  3         child; amending s. 61.13, F.S.; deleting

  4         standards for determining whether to allow a

  5         primary residential parent to move a child;

  6         creating s. 61.13001, F.S.; providing

  7         definitions; providing for notification of

  8         certain persons of the intent to relocate a

  9         child and providing procedures therefor;

10         requiring certain information to be provided on

11         a Notice of Intent to Relocate; providing

12         procedures for objecting to the relocation of a

13         child; providing applicability of public

14         records law; providing for content of an

15         objection to relocation; authorizing the court

16         to grant a temporary order restraining the

17         relocation of a child under certain

18         circumstances; prohibiting certain presumptions

19         and requiring that certain factors be evaluated

20         by the court with regard to relocation of a

21         child; assigning the burden of proof in cases

22         of relocation of a child; authorizing the court

23         to order certain contact with the child by the

24         nonrelocating party; granting priority for

25         certain hearings and trials under s. 61.13001,

26         F.S.; providing applicability; providing an

27         effective date.

28  

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

30  

31  

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1         Section 1.  Paragraph (d) of subsection (2) of section

 2  61.13, Florida Statutes, is amended to read:

 3         61.13  Custody and support of children; visitation

 4  rights; power of court in making orders.--

 5         (2)

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

 7  a request to relocate when a primary residential parent seeks

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

 9  current schedule of contact and access with the secondary

10  residential parent. In making a determination as to whether

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

12  court must consider the following factors:

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

14  general quality of life for both the residential parent and

15  the child.

16         2.  The extent to which visitation rights have been

17  allowed and exercised.

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

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

20  visitation arrangements.

21         4.  Whether the substitute visitation will be adequate

22  to foster a continuing meaningful relationship between the

23  child and the secondary residential parent.

24         5.  Whether the cost of transportation is financially

25  affordable by one or both parties.

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

27  child.

28         Section 2.  Section 61.13001, Florida Statutes, is

29  created to read:

30         61.13001  Parental relocation with a child.--

31         (1)  DEFINITIONS.--As used in this section:

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1         (a)  "Change of residence address" means the relocation

 2  of a child to a primary residence more than 50 miles away from

 3  his or her current primary place of residence. However, the

 4  relocation of a child's primary residence to a location that

 5  is closer to or less than 50 miles from the nonresidential

 6  parent is not a change of residence address.

 7         (b)  "Child" means any person who is under the

 8  jurisdiction of a state court pursuant to the Uniform Child

 9  Custody Jurisdiction and Enforcement Act or is the subject of

10  any order granting to a parent or other person any right to

11  residential care, custody, or visitation as provided under

12  state law.

13         (c)  "Court" means the circuit court in an original

14  proceeding which has proper venue and jurisdiction in

15  accordance with the Uniform Child Custody Jurisdiction and

16  Enforcement Act, the circuit court in the county in which

17  either parent and the child reside, or the circuit court in

18  which the original action was adjudicated.

19         (d)  "Other person" means an individual who is not the

20  parent and who, by court order, maintains the primary

21  residence of a child or has visitation rights with a child.

22         (e)  "Parent" means any person so named by court order

23  or express written agreement that is subject to court

24  enforcement or a person reflected as a parent on a birth

25  certificate and in whose home a child maintains a primary or

26  secondary residence.

27         (f)  "Primary residential parent" means a person so

28  designated by court order or by an express written agreement

29  that is subject to court enforcement or a person seeking such

30  a designation, or, when neither parent has been designated as

31  

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1  primary residential parent, the person seeking to relocate

 2  with a child.

 3         (g)  "Principal or primary residence of a child" means

 4  the home of the designated primary residential parent. For

 5  purposes of this section only, when rotating custody is in

 6  effect, each parent shall be considered to be the primary

 7  residential parent.

 8         (h)  "Relocation" means a change of residence address

 9  of a child for a period of 60 consecutive days or more but

10  does not include a temporary absence from the principal

11  residence for purposes of vacation, education, or the

12  provision of health care for the child.

13         (2)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--A

14  parent who is entitled to primary residence of the child shall

15  notify the other parent, and every other person entitled to

16  visitation with the child, of a proposed relocation of the

17  child's principal residence. The form of notice shall be

18  according to this section:

19         (a)  The parent seeking to relocate shall prepare a

20  Notice of Intent to Relocate. The following information must

21  be included with the Notice of Intent to Relocate and signed

22  under oath under penalty of perjury:

23         1.  A description of the location of the intended new

24  residence, including the state, city, and specific physical

25  address, if known.

26         2.  The mailing address of the intended new residence,

27  if not the same as the physical address, if known.

28         3.  The home telephone number of the intended new

29  residence, if known.

30         4.  The date of the intended move or proposed

31  relocation.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1         5.  A detailed statement of the specific reasons for

 2  the proposed relocation of the child. If one of the reasons is

 3  based upon a job offer which has been reduced to writing, that

 4  written job offer must be attached to the Notice of Intent to

 5  Relocate.

 6         6.  A proposal for a revised postrelocation schedule of

 7  visitation with the child.

 8         7.  Substantially the following statement, in all

 9  capital letters and in the same size type, or larger, as the

10  type in the remainder of the notice:

11  

12  AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN

13  WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR

14  OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE

15  OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY

16  OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED

17  WITHOUT FURTHER NOTICE AND WITHOUT A HEARING.

18         8.  The mailing address of the parent or other person

19  seeking to relocate to which the objection filed under

20  subsection (4) to the Notice of Intent to Relocate should be

21  sent.

22  

23  The contents of the Notice of Intent to Relocate are not

24  privileged. For purposes of encouraging amicable resolution of

25  the relocation issue, a copy of the Notice of Intent to

26  Relocate shall initially not be filed with the court but

27  instead served upon the nonrelocating parent, other person,

28  and every other person entitled to visitation with the child,

29  and the original thereof shall be maintained by the parent or

30  other person seeking to relocate.

31  

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1         (b)  The parent seeking to relocate shall also prepare

 2  a Certificate of Filing Notice of Intent to Relocate. The

 3  certificate shall certify the date that the Notice of Intent

 4  to Relocate was served on the other parent and on every other

 5  person entitled to visitation with the child.

 6         (c)  The Notice of Intent to Relocate, and the

 7  Certificate of Filing Notice of Intent to Relocate, shall be

 8  served on the other parent and on every other person entitled

 9  to visitation with the child. If there is a pending court

10  action regarding the child, service of process may be

11  according to court rule. Otherwise, service of process shall

12  be according to chapters 48 and 49.

13         (d)  A person giving notice of a proposed relocation or

14  change of residence address under this section has a

15  continuing duty to provide current and updated information

16  required by this section when that information becomes known.

17         (e)  If the other parent and any other person entitled

18  to visitation with the child fails to timely file an

19  objection, the relocation shall be allowed and the court shall

20  enter an order. If an objection is timely filed, the burden

21  shifts to the parent or person seeking to relocate to initiate

22  court proceedings to obtain court permission to relocate prior

23  to doing so.

24         (f)  The act of relocating the child after failure to

25  comply with the notice of intent to relocate procedure

26  described in this subsection subjects the party in violation

27  thereof to contempt and other proceedings to compel the return

28  of the child and may be taken into account by the court in any

29  initial or postjudgment action seeking a determination or

30  modification of residence, custody, or visitation with the

31  child as:

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1         1.  A factor in making a determination regarding the

 2  relocation of a child.

 3         2.  A factor in determining whether residence or

 4  contact, access, visitation, and time-sharing arrangements

 5  should be modified.

 6         3.  A basis for ordering the temporary or permanent

 7  return of the child.

 8         4.  Sufficient cause to order the parent or other

 9  person seeking to relocate the child to pay reasonable

10  expenses and attorney's fees incurred by the party objecting

11  to the relocation.

12         5.  For the award of reasonable attorney's fees and

13  costs, including interim travel expenses incident to

14  visitation or securing the return of the child.

15         (3)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the

16  parent or other person seeking to relocate a child, or the

17  child, is entitled to prevent disclosure of location

18  information under any public records exemption applicable to

19  that person, the court may enter any order necessary to modify

20  the disclosure requirements of this section in compliance with

21  the public records exemption.

22         (4)  CONTENT OF OBJECTION TO RELOCATION.--An objection

23  seeking to prevent the relocation of a child shall be verified

24  and served within 30 days after service of the Notice of

25  Intent to Relocate. The objection shall include the specific

26  factual basis supporting the reasons for seeking a prohibition

27  of the relocation, including a statement of the amount of

28  participation or involvement the objecting party currently has

29  or has had in the life of the child and the existence of any

30  court order conflicting with this section.

31         (5)  TEMPORARY ORDER.--

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1         (a)  The court may grant a temporary order restraining

 2  the relocation of a child or ordering the return of the child,

 3  if a relocation has previously taken place, or order other

 4  appropriate remedial relief, if the court finds:

 5         1.  The required notice of a proposed relocation of a

 6  child was not provided in a timely manner.

 7         2.  The child already has been relocated without notice

 8  or written agreement of the parties or without court approval.

 9         3.  From an examination of the evidence presented at

10  the preliminary hearing that there is a likelihood that upon

11  final hearing the court will not approve the relocation of the

12  primary residence of the child.

13         (b)  The court may grant a temporary order permitting

14  the relocation of the child pending final hearing if the

15  court:

16         1.  Finds that the required Notice of Intent to

17  Relocate was provided in a timely manner.

18         2.  Finds from an examination of the evidence presented

19  at the preliminary hearing that there is a likelihood that on

20  final hearing the court will approve the relocation of the

21  primary residence of the child, which findings must be

22  supported by the same factual basis as would be necessary to

23  support the permitting of relocation in a final judgment.

24         (c)  If the court has issued a temporary order

25  authorizing a party seeking to relocate or move a child before

26  a final judgment is rendered, the court may not give any

27  weight to the temporary relocation as a factor in reaching its

28  final decision.

29         (d)  If temporary relocation of a child is permitted,

30  the court may require the person relocating the child to

31  provide reasonable security, financial or otherwise, and

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1  guarantee that the court-ordered contact with the child will

 2  not be interrupted or interfered with by the relocating party.

 3         (6)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED

 4  RELOCATION.--No presumption shall arise in favor of or against

 5  a request to relocate with the child when a primary

 6  residential parent seeks to move the child and the move will

 7  materially affect the current schedule of contact, access, and

 8  time-sharing with the nonrelocating parent or other person. In

 9  reaching its decision regarding a proposed temporary or

10  permanent relocation, the court shall evaluate all of the

11  following factors:

12         (a)  The nature, quality, extent of involvement, and

13  duration of the child's relationship with the parent proposing

14  to relocate with the child and with the nonrelocating parent,

15  other persons, siblings, half-siblings, and other significant

16  persons in the child's life.

17         (b)  The age and developmental stage of the child, the

18  needs of the child, and the likely impact the relocation will

19  have on the child's physical, educational, and emotional

20  development, taking into consideration any special needs of

21  the child.

22         (c)  The feasibility of preserving the relationship

23  between the nonrelocating parent or other person and the child

24  through substitute arrangements that take into consideration

25  the logistics of contact, access, visitation, and time

26  sharing, as well as the financial circumstances of the

27  parties; whether those factors are sufficient to foster a

28  continuing meaningful relationship between the child and the

29  nonrelocating parent or other person; and the likelihood of

30  compliance with the substitute arrangements by the relocating

31  parent once he or she is out of the jurisdiction of the court.

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1         (d)  The child's preference, taking into consideration

 2  the age and maturity of the child.

 3         (e)  Whether the relocation will enhance the general

 4  quality of life for both the parent seeking the relocation and

 5  the child, including, but not limited to, financial or

 6  emotional benefits or educational opportunities.

 7         (f)  The reasons of each parent or other person for

 8  seeking or opposing the relocation.

 9         (g)  The current employment and economic circumstances

10  of each parent or other person and whether or not the proposed

11  relocation is necessary to improve the economic circumstances

12  of the parent or other person seeking relocation of the child.

13         (h)  That the relocation is sought in good faith and

14  the extent to which the objecting parent has fulfilled his or

15  her financial obligations to the parent or other person

16  seeking relocation, including child support, spousal support,

17  and marital property and marital debt obligations.

18         (i)  The career and other opportunities available to

19  the objecting parent or objecting other person if the

20  relocation occurs.

21         (j)  A history of substance abuse or domestic violence

22  as defined in s. 741.28 or which meets the criteria of s.

23  39.806(1)(d) by either parent, including a consideration of

24  the severity of such conduct and the failure or success of any

25  attempts at rehabilitation.

26         (k)  Any other factor affecting the best interest of

27  the child or as set forth in s. 61.13.

28         (7)  BURDEN OF PROOF.--The parent or other person

29  wishing to relocate has the burden of proof if an objection is

30  filed and must then initiate a proceeding seeking court

31  permission for relocation. The initial burden is on the parent

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1  or person wishing to relocate to prove by a preponderance of

 2  the evidence that relocation is in the best interest of the

 3  child. If that burden of proof is met, the burden shifts to

 4  the nonrelocating parent or other person to show by a

 5  preponderance of the evidence that the proposed relocation is

 6  not in the best interest of the child.

 7         (8)  ORDER REGARDING RELOCATION.--If relocation is

 8  permitted:

 9         (a)  The court may, in its discretion, order contact

10  with the nonrelocating parent, including access, visitation,

11  time sharing, telephone, Internet, web-cam, and other

12  arrangements sufficient to ensure that the child has frequent,

13  continuing, and meaningful contact, access, visitation, and

14  time sharing with the nonrelocating parent or other persons,

15  if contact is financially affordable and in the best interest

16  of the child.

17         (b)  If applicable, the court shall specify how the

18  transportation costs will be allocated between the parents and

19  other persons entitled to contact, access, visitation, and

20  time sharing and may adjust the child support award, as

21  appropriate, considering the costs of transportation and the

22  respective net incomes of the parents in accordance with state

23  child support guidelines.

24         (9)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary

25  hearing or nonjury trial on a pleading seeking temporary or

26  permanent relief filed pursuant to this section shall be

27  accorded priority on the court's calendar.

28         (10)  APPLICABILITY.--

29         (a)  The provisions of this section apply:

30  

31  

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1         1.  Before July 1, 2006, if the existing order

 2  providing for custody, primary residence, and visitation does

 3  not expressly govern the relocation of the child.

 4         2.  To an order, whether temporary or permanent,

 5  regarding residence of a child or visitation with a child

 6  issued after July 1, 2006.

 7         3.  To any relocation or proposed relocation, whether

 8  permanent or temporary, of a child during any proceeding

 9  pending before July 1, 2006, wherein residence of or

10  visitation with a child is an issue.

11         (b)  To the extent that a provision of this section

12  conflicts with an order, this section does not apply to the

13  extent of such conflict.

14         Section 3.  This act shall take effect July 1, 2006.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                           CS for SB 2184
    590-2098-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2184

 3                                 

 4  The committee substitute makes the following substantial
    changes to the underlying bill:
 5  
    --   Repeals s. 61.13(2)(d), F.S., which provides the existing
 6       factors for evaluating a relocation with a child;

 7  --   Clarifies the definition of the term "change of residence
         address";
 8  
    --   Changes the term "person entitled to be the primary
 9       residential parent of a child" to "primary residential
         parent";
10  
    --   Revises the definition of the term "relocation" to
11       include the term "change of residence address";

12  --   Deletes provisions that would have required a Notice of
         Intent to Relocate to be filed with a court at least 45
13       days before relocation;

14  --   Requires a court to enter an order approving a relocation
         if no objection to the relocation is filed;
15  
    --   Provides for the confidentiality of location information
16       if that information is confidential under public records
         law;
17  
    --   Deletes provisions on disclosure requirements involving
18       domestic violence; and

19  --   Revises the applicability provisions to apply to orders
         rather than agreements.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  13

CODING: Words stricken are deletions; words underlined are additions.