Amendment
Bill No. 7151
Amendment No. 562745
CHAMBER ACTION
Senate House
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1Representative(s) Richardson offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 86 and insert:
5     Section 4.  (1)  This section establishes circumstances
6under which a male may disestablish paternity or terminate a
7child support obligation when the male is not the biological
8father of the child. To disestablish paternity or terminate a
9child support obligation, the male must file a petition in the
10circuit court having jurisdiction over the child support
11obligation. The petition must be served on the mother or other
12legal guardian or custodian of the child. If the child support
13obligation was determined administratively and has not been
14ratified by a court, then the petition must be filed in the
15circuit court in the county where the mother or legal guardian
16or custodian resides. Such a petition must be served on the
17Department of Revenue and on the mother or legal guardian or
18custodian. In the event that the mother or legal guardian or
19custodian no longer resides in the state, the petition may be
20filed in the circuit court in the county where the petitioner
21resides. The petition must include:
22     (a)  An affidavit executed by the petitioner that newly
23discovered evidence relating to the paternity of the child has
24come to the petitioner's knowledge since the initial paternity
25determination or establishment of a child support obligation.
26     (b)  The results of scientific tests that are generally
27acceptable within the scientific community to show a probability
28of paternity, administered within 90 days prior to the filing of
29such petition, which results indicate that the male ordered to
30pay such child support cannot be the father of the child for
31whom support is required or an affidavit executed by the
32petitioner stating that he did not have access to the child to
33have scientific testing performed prior to the filing of the
34petition. A male who suspects he is not the father but does not
35have access to the child to have scientific testing performed
36may file a petition requesting the court to order the child to
37be tested.
38     (c)  An affidavit executed by the petitioner stating that
39the petitioner is current on all child support payments for the
40child for whom relief is sought or that he has substantially
41complied with his child support obligation for the applicable
42child and that any delinquency in his child support obligation
43for that child arose from his inability for just cause to pay
44the delinquent child support when the delinquent child support
45became due.
46     (2)  The court shall grant relief on a petition filed in
47accordance with subsection (1) upon a finding by the court of
48all of the following:
49     (a)  Newly discovered evidence relating to the paternity of
50the child has come to the petitioner's knowledge since the
51initial paternity determination or establishment of a child
52support obligation.
53     (b)  The scientific test required in paragraph (1)(b) was
54properly conducted.
55     (c)  The male ordered to pay child support is current on
56all child support payments for the applicable child or that the
57male ordered to pay child support has substantially complied
58with his child support obligation for the applicable child and
59that any delinquency in his child support obligation for that
60child arose from his inability for just cause to pay the
61delinquent child support when the delinquent child support
62became due.
63     (d)  The male ordered to pay child support has not adopted
64the child.
65     (e)  The child was not conceived by artificial insemination
66while the male ordered to pay child support and the child's
67mother were in wedlock.
68     (f)  The male ordered to pay child support did not act to
69prevent the biological father of the child from asserting his
70paternal rights with respect to the child.
71     (g)  The child had not yet reached his or her 18th birthday
72when the petition was filed.
73     (3)  Notwithstanding subsection (2), a court shall not set
74aside the paternity determination or child support order if the
75male engaged in the following conduct after learning that he is
76not the biological father of the child:
77     (a)  Married the mother of the child while known as the
78putative father in accordance with s. 742.091, Florida Statutes,
79and voluntarily assumed the parental obligation and duty to pay
80child support;
81     (b)  Acknowledged his paternity of the child in a sworn
82statement;
83     (c)  Consented to be named as the child's biological father
84on the child's birth certificate;
85     (d)  Voluntarily promised in writing to support the child
86and was required to support the child based on that promise;
87     (e)  Received and disregarded written notice from any state
88agency or any court directing him to submit to scientific
89testing; or
90     (f)  Signed a voluntary acknowledgment of paternity as
91provided in s. 742.10(4), Florida Statutes.
92     (4)  In the event the petitioner fails to make the
93requisite showing required by this section, the court shall deny
94the petition.
95     (5)  In the event relief is granted pursuant to this
96section, relief shall be limited to the issues of prospective
97child support payments and termination of parental rights,
98custody, and visitation rights. The male's previous status as
99father continues to be in existence until the order granting
100relief is rendered. All previous lawful actions taken based on
101reliance on that status are confirmed retroactively but not
102prospectively. This section shall not be construed to create a
103cause of action to recover child support that was previously
104paid.
105     (6)  The duty to pay child support and other legal
106obligations for the child shall not be suspended while the
107petition is pending except for good cause shown. However, the
108court may order the child support to be held in the registry of
109the court until final determination of paternity has been made.
110     (7)(a)  In an action brought pursuant to this section, if
111the scientific test results submitted in accordance with
112paragraph (1)(b) are provided solely by the male ordered to pay
113child support, the court on its own motion may, and on the
114petition of any party shall, order the child and the male
115ordered to pay child support to submit to applicable scientific
116tests. The court shall provide that such scientific testing be
117done no more than 30 days after the court issues its order.
118     (b)  If the male ordered to pay child support willfully
119fails to submit to scientific testing or if the mother or legal
120guardian or custodian of the child willfully fails to submit the
121child for testing, the court shall issue an order determining
122the relief on the petition against the party so failing to
123submit to scientific testing. If a party shows good cause for
124failing to submit to testing, such failure shall not be
125considered willful. Nothing in this paragraph shall prevent the
126child from reestablishing paternity under s. 742.10, Florida
127Statutes.
128     (c)  The party requesting applicable scientific testing
129shall pay any fees charged for the testing. If the custodian of
130the child is receiving services from an administrative agency in
131its role as an agency providing enforcement of child support
132orders, that agency shall pay the cost of the testing if it
133requests the testing and may seek reimbursement for the fees
134from the person against whom the court assesses the costs of the
135action.
136     (8)  If relief on a petition filed in accordance with this
137section is granted, the clerk of the court shall, within 30 days
138following final disposition, forward to the Office of Vital
139Statistics of the Department of Health a certified copy of the
140court order or a report of the proceedings upon a form to be
141furnished by the department, together with sufficient
142information to identify the original birth certificate and to
143enable the department to prepare a new birth certificate. Upon
144receipt of the certified copy or the report, the department
145shall prepare and file a new birth certificate that deletes the
146name of the male ordered to pay child support as the father of
147the child. The certificate shall bear the same file number as
148the original birth certificate. All other items not affected by
149the order setting aside a determination of paternity shall be
150copied as on the original certificate, including the date of
151registration and filing. If the child was born in a state other
152than Florida, the clerk shall send a copy of the report or
153decree to the appropriate birth registration authority of the
154state where the child was born. If the relief on a petition
155filed in accordance with this section is granted and the mother
156or legal guardian or custodian requests that the court change
157the child's surname, the court may change the child's surname.
158If the child is a minor, the court shall consider whether it is
159in the child's best interests to grant the request to change the
160child's surname.
161     (9)  The rendition of an order granting a petition filed
162pursuant to this section shall not affect the legitimacy of a
163child born during a lawful marriage.
164     (10)  If relief on a petition filed in accordance with this
165section is not granted, the court shall assess the costs of the
166action and attorney's fees against the petitioner.
167     (11)  Nothing in this section precludes an individual from
168seeking relief from a final judgment, decree, or order or from
169challenging a paternity determination as otherwise provided by
170law.
171     Section 5.  Rule 1.540, Florida Rules of Civil Procedure,
172is repealed.
173     Section 6.  This act shall take effect upon becoming a law,
174except that section 5 of this act shall take effect July 1,
1752006, only if this act is passed by a two-thirds vote of the
176membership of each house of the Legislature.
177
178======= T I T L E  A M E N D M E N T =======
179     Remove line(s) 2-17 and insert:
180An act relating to parental rights; amending s. 63.054, F.S.;
181requiring a petitioner in a proceeding for termination of
182parental rights to provide notice to the Office of Vital
183Statistics of the Department of Health; prohibiting the office
184from recording a claim of paternity after the date that a
185termination of parental rights is filed; requiring the
186department to remove a registrant's name from the Florida
187Putative Father Registry upon a finding that the registrant has
188no parental rights; amending s. 63.062, F.S.; modifying consent
189required for adoption; amending s. 63.182, F.S.; providing that
190the interest that entitles a person to notice of an adoption
191must be direct, financial, and immediate; providing an
192exception; providing that a showing of an indirect,
193inconsequential, or contingent interest is wholly inadequate;
194providing construction and applicability; permitting a petition
195to set aside a determination of paternity or terminate a child
196support obligation; specifying contents of the petition;
197providing standards upon which relief shall be granted;
198providing remedies; providing that child support obligations
199shall not be suspended while a petition is pending; providing
200for scientific testing; providing for the amendment of the
201child's birth certificate; providing for assessment of costs and
202attorney's fees; repealing Rule 1.540, Florida Rules of Civil
203Procedure, relating to relief from judgment, decrees, or orders;
204providing a contingent effective date.


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