Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 7151
                        Barcode 983212
                            CHAMBER ACTION
              Senate                               House
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                                   .         05/05/2006 12:32:09
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 3         Floor: 1/AD/3R          .                    
       05/04/2006 03:22 PM         .                    
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11  Senator Lawson moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On line 20,
15  
16  insert:  
17         Section 1.  (1)  This section establishes circumstances
18  under which a male may disestablish paternity or terminate a
19  child support obligation when the male is not the biological
20  father of the child. To disestablish paternity or terminate a
21  child support obligation, the male must file a petition in the
22  circuit court having jurisdiction over the child support
23  obligation. The petition must be served on the mother or other
24  legal guardian or custodian of the child. If the child support
25  obligation was determined administratively and has not been
26  ratified by a court, then the petition must be filed in the
27  circuit court where the mother or legal guardian or custodian
28  resides. Such a petition must be served on the Department of
29  Revenue and on the mother or legal guardian or custodian. If
30  the mother or legal guardian or custodian no longer resides in
31  the state, the petition may be filed in the circuit court in
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7151 Barcode 983212 1 the county where the petitioner resides. The petition must 2 include: 3 (a) An affidavit executed by the petitioner that newly 4 discovered evidence relating to the paternity of the child has 5 come to the petitioner's knowledge since the initial paternity 6 determination or establishment of a child support obligation. 7 (b) The results of scientific tests that are generally 8 acceptable within the scientific community to show a 9 probability of paternity, administered within 90 days prior to 10 the filing of such petition, which results indicate that the 11 male ordered to pay such child support cannot be the father of 12 the child for whom support is required, or an affidavit 13 executed by the petitioner stating that he did not have access 14 to the child to have scientific testing performed prior to the 15 filing of the petition. A male who suspects he is not the 16 father but does not have access to the child to have 17 scientific testing performed may file a petition requesting 18 the court to order the child to be tested. 19 (c) An affidavit executed by the petitioner stating 20 that the petitioner is current on all child support payments 21 for the child for whom relief is sought or that he has 22 substantially complied with his child support obligation for 23 the applicable child and that any delinquency in his child 24 support obligation for that child arose from his inability for 25 just cause to pay the delinquent child support when the 26 delinquent child support became due. 27 (2) The court shall grant relief on a petition filed 28 in accordance with subsection (1) upon a finding by the court 29 of all of the following: 30 (a) Newly discovered evidence relating to the 31 paternity of the child has come to the petitioner's knowledge 2 10:38 AM 05/04/06 h715100c-06-t06
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7151 Barcode 983212 1 since the initial paternity determination or establishment of 2 a child support obligation. 3 (b) The scientific test required in paragraph (1)(b) 4 was properly conducted. 5 (c) The male ordered to pay child support is current 6 on all child support payments for the applicable child or that 7 the male ordered to pay child support has substantially 8 complied with his child support obligation for the applicable 9 child and that any delinquency in his child support obligation 10 for that child arose from his inability for just cause to pay 11 the delinquent child support when the delinquent child support 12 became due. 13 (d) The male ordered to pay child support has not 14 adopted the child. 15 (e) The child was not conceived by artificial 16 insemination while the male ordered to pay child support and 17 the child's mother were in wedlock. 18 (f) The male ordered to pay child support did not act 19 to prevent the biological father of the child from asserting 20 his paternal rights with respect to the child. 21 (g) The child was younger than 18 years of age when 22 the petition was filed. 23 (3) Notwithstanding subsection (2), a court shall not 24 set aside the paternity determination or child support order 25 if the male engaged in the following conduct after learning 26 that he is not the biological father of the child: 27 1. Married the mother of the child while known as the 28 reputed father in accordance with s. 742.091, Florida 29 Statutes, and voluntarily assumed the parental obligation and 30 duty to pay child support; 31 2. Acknowledged his paternity of the child in a sworn 3 10:38 AM 05/04/06 h715100c-06-t06
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7151 Barcode 983212 1 statement; 2 3. Consented to be named as the child's biological 3 father on the child's birth certificate; 4 4. Voluntarily promised in writing to support the 5 child and was required to support the child based on that 6 promise; 7 5. Received written notice from any state agency or 8 any court directing him to submit to scientific testing which 9 he disregarded; or 10 6. Signed a voluntary acknowledgment of paternity as 11 provided in s. 742.10(4), Florida Statutes. 12 (4) In the event the petitioner fails to make the 13 requisite showing required by this section, the court shall 14 deny the petition. 15 (5) In the event relief is granted pursuant to this 16 section, relief shall be limited to the issues of prospective 17 child support payments and termination of parental rights, 18 custody, and visitation rights. The male's previous status as 19 father continues to be in existence until the order granting 20 relief is rendered. All previous lawful actions taken based on 21 reliance on that status are confirmed retroactively but not 22 prospectively. This section shall not be construed to create a 23 cause of action to recover child support that was previously 24 paid. 25 (6) The duty to pay child support and other legal 26 obligations for the child shall not be suspended while the 27 petition is pending except for good cause shown. However, the 28 court may order the child support to be held in the registry 29 of the court until final determination of paternity has been 30 made. 31 (7)(a) In an action brought pursuant to this section, 4 10:38 AM 05/04/06 h715100c-06-t06
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7151 Barcode 983212 1 if the scientific test results submitted in accordance with 2 paragraph (1)(b) are provided solely by the male ordered to 3 pay child support, the court on its own motion may, and on the 4 petition of any party shall, order the child and the male 5 ordered to pay child support to submit to applicable 6 scientific tests. The court shall provide that such scientific 7 testing be done no more than 30 days after the court issues 8 its order. 9 (b) If the male ordered to pay child support willfully 10 fails to submit to scientific testing or if the mother or 11 legal guardian or custodian of the child willfully fails to 12 submit the child for testing, the court shall issue an order 13 determining the relief on the petition against the party so 14 failing to submit to scientific testing. If a party shows good 15 cause for failing to submit to testing, such failure shall not 16 be considered willful. Nothing in this paragraph shall prevent 17 the child from reestablishing paternity under s. 742.10, 18 Florida Statutes. 19 (c) The party requesting applicable scientific testing 20 shall pay any fees charged for the tests. If the custodian of 21 the child is receiving services from an administrative agency 22 in its role as an agency providing enforcement of child 23 support orders, that agency shall pay the cost of the testing 24 if it requests the test and may seek reimbursement for the 25 fees from the person against whom the court assesses the costs 26 of the action. 27 (8) If the relief on a petition filed in accordance 28 with this section is granted, the clerk of the court shall, 29 within 30 days following final disposition, forward to the 30 Office of Vital Statistics of the Department of Health a 31 certified copy of the court order or a report of the 5 10:38 AM 05/04/06 h715100c-06-t06
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7151 Barcode 983212 1 proceedings upon a form to be furnished by the department, 2 together with sufficient information to identify the original 3 birth certificate and to enable the department to prepare a 4 new birth certificate. Upon receipt of the certified copy or 5 the report, the department shall prepare and file a new birth 6 certificate that deletes the name of the male ordered to pay 7 child support as the father of the child. The certificate 8 shall bear the same file number as the original birth 9 certificate. All other items not affected by the order setting 10 aside a determination of paternity shall be copied as on the 11 original certificate, including the date of registration and 12 filing. If the child was born in a state other than Florida, 13 the clerk shall send a copy of the report or decree to the 14 appropriate birth registration authority of the state where 15 the child was born. If the relief on a petition filed in 16 accordance with this section is granted and the mother or 17 legal guardian or custodian requests that the court change the 18 child's surname, the court may change the child's surname. If 19 the child is a minor, the court shall consider whether it is 20 in the child's best interests to grant the request to change 21 the child's surname. 22 (9) The rendition of an order granting a petition 23 filed pursuant to this section shall not affect the legitimacy 24 of a child born during a lawful marriage. 25 (10) If relief on a petition filed in accordance with 26 this section is not granted, the court shall assess the costs 27 of the action and attorney's fees against the petitioner. 28 (11) Nothing in this section precludes an individual 29 from seeking relief from a final judgment, decree, order, or 30 proceeding pursuant to Rule 1.540, Florida Rules of Civil 31 Procedure, or from challenging a paternity determination 6 10:38 AM 05/04/06 h715100c-06-t06
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 7151 Barcode 983212 1 pursuant to s. 742.10(4), Florida Statutes. 2 3 (Redesignate subsequent sections.) 4 5 6 ================ T I T L E A M E N D M E N T =============== 7 And the title is amended as follows: 8 On line 2, delete that line 9 10 and insert: 11 An act relating to the welfare of children; 12 permitting a petition to set aside a 13 determination of paternity or terminate a child 14 support obligation; specifying contents of the 15 petition; providing standards upon which relief 16 shall be granted; providing remedies; 17 prohibiting the suspension of child support 18 obligations while a petition is pending; 19 providing for scientific testing; providing for 20 the amendment of the child's birth certificate; 21 providing for assessment of costs and 22 attorney's fees; amending s. 63.054, F.S.; 23 24 25 26 27 28 29 30 31 7 10:38 AM 05/04/06 h715100c-06-t06