Amendment
Bill No. 0167

Amendment No. 409785

CHAMBER ACTION
Senate		House
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1	Representative(s) Frishe offered the following:
2
3	Amendment (with title amendment)
4	Between lines 67 and 68, insert:
5	Section 2.  Chapter 61, Florida Statutes, entitled
6	"DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY" is retitled as
7	"DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING."
8	Section 3.  Section 61.046, Florida Statutes, is amended to
9	read:
10	61.046  Definitions.--As used in this chapter:
11	(1)  "Business day" means any day other than a Saturday,
12	Sunday, or legal holiday.
13	(2)  "Clerk of Court Child Support Collection System" or
14	"CLERC System" means the automated system established pursuant
15	to s. 61.181(2)(b)1., integrating all clerks of court and
16	depositories and through which payment data and State Case
17	Registry data is transmitted to the department's automated child
18	support enforcement system.
19	(3)  "Custodial parent" or "primary residential parent"
20	means the parent with whom the child maintains his or her
21	primary residence.
22	(3)(4)  "Department" means the Department of Revenue.
23	(4)(5)  "Depository" means the central governmental
24	depository established pursuant to s. 61.181, created by special
25	act of the Legislature or other entity established before June
26	1, 1985, to perform depository functions and to receive, record,
27	report, disburse, monitor, and otherwise handle alimony and
28	child support payments not otherwise required to be processed by
29	the State Disbursement Unit.
30	(5)(6)  "Federal Case Registry of Child Support Orders"
31	means the automated registry of support order abstracts and
32	other information established and maintained by the United
33	States Department of Health and Human Services as provided by 42
34	U.S.C. s. 653(h).
35	(6)(7)  "Income" means any form of payment to an
36	individual, regardless of source, including, but not limited to:
37	wages, salary, commissions and bonuses, compensation as an
38	independent contractor, worker's compensation, disability
39	benefits, annuity and retirement benefits, pensions, dividends,
40	interest, royalties, trusts, and any other payments, made by any
41	person, private entity, federal or state government, or any unit
42	of local government.  United States Department of Veterans
43	Affairs disability benefits and unemployment compensation, as
44	defined in chapter 443, are excluded from this definition of
45	income except for purposes of establishing an amount of support.
46	(7)(8)  "IV-D" means services provided pursuant to Title
47	IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.
48	(8)(9)  "Local officer" means an elected or appointed
49	constitutional or charter government official including, but not
50	limited to, the state attorney and clerk of the circuit court.
51	(9)(10)  "National medical support notice" means the notice
52	required under 42 U.S.C. s. 666(a)(19).
53	(11)  "Noncustodial parent" means the parent with whom the
54	child does not maintain his or her primary residence.
55	(10)(12)  "Obligee" means the person to whom payments are
56	made pursuant to an order establishing, enforcing, or modifying
57	an obligation for alimony, for child support, or for alimony and
58	child support.
59	(11)(13)  "Obligor" means a person responsible for making
60	payments pursuant to an order establishing, enforcing, or
61	modifying an obligation for alimony, for child support, or for
62	alimony and child support.
63	(12)  "Parenting plan" means a document created to govern
64	the relationship between the parties relating to the decisions
65	that must be made regarding the minor child and the time-sharing
66	schedule between the parents and child. The issues concerning
67	the minor child may include, but are not limited to, the child's
68	education, health care, and physical, social, and emotional
69	well-being. When created, all circumstances between the parties,
70	including the parties historic relationship, domestic violence,
71	and other factors, must be taken into consideration. The
72	document shall be developed or agreed to by the parties and
73	approved by a court or, if the parents cannot agree, established
74	by the court.
75	(a)  Any parenting plan formulated under this chapter must
76	address all jurisdictional issues, including, but not limited
77	to, the Uniform Child Custody Jurisdiction Enforcement Act, the
78	International Custody and Abduction Remedies Act, 42 U.S.C. s.
79	11601 et seq., the Parental Kidnapping Prevention Act, and the
80	Convention on the Civil Aspects of International Child Abduction
81	enacted at the Hague on October 25, 1980.
82	(b)  For purposes of application of the Uniform Child
83	Custody Jurisdiction and Enforcement Act, part II of this
84	chapter, a judgment or order incorporating a parenting plan
85	under this part is a child custody determination under part II.
86	(c)  For purposes of the International Custody and
87	Abduction Remedies Act, 42 U.S.C. s. 11601 et seq., and the
88	Convention on the Civil Aspects of International Child
89	Abduction, enacted at the Hague on October 25, 1980, rights of
90	custody and rights of access shall be determined under the
91	parenting plan under this part.
92	(13)  "Parenting plan recommendation" means a nonbinding
93	recommendation, made by a licensed mental health professional or
94	any other individual designated by a court, concerning the
95	parenting plan that will govern the relationship between the
96	parents.
97	(14)  "Payor" means an employer or former employer or any
98	other person or agency providing or administering income to the
99	obligor.
100	(15)  "Shared parental responsibility" means a court-
101	ordered relationship in which both parents retain full parental
102	rights and responsibilities with respect to their minor child
103	and in which both parents confer with each other so that major
104	decisions affecting the welfare of the child will be determined
105	jointly.
106	(16)  "Sole parental responsibility" means a court-ordered
107	relationship in which one parent makes decisions regarding the
108	minor child.
109	(17)  "State Case Registry" means the automated registry
110	maintained by the Title IV-D agency, containing records of each
111	Title IV-D case and of each support order established or
112	modified in the state on or after October 1, 1998. Such records
113	shall consist of data elements as required by the United States
114	Secretary of Health and Human Services.
115	(18)  "State Disbursement Unit" means the unit established
116	and operated by the Title IV-D agency to provide one central
117	address for collection and disbursement of child support
118	payments made in cases enforced by the department pursuant to
119	Title IV-D of the Social Security Act and in cases not being
120	enforced by the department in which the support order was
121	initially issued in this state on or after January 1, 1994, and
122	in which the obligor's child support obligation is being paid
123	through income deduction order.
124	(19)  "Support order" means a judgment, decree, or order,
125	whether temporary or final, issued by a court of competent
126	jurisdiction or administrative agency for the support and
127	maintenance of a child which provides for monetary support,
128	health care, arrearages, or past support. When the child support
129	obligation is being enforced by the Department of Revenue, the
130	term "support order" also means a judgment, decree, or order,
131	whether temporary or final, issued by a court of competent
132	jurisdiction for the support and maintenance of a child and the
133	spouse or former spouse of the obligor with whom the child is
134	living which provides for monetary support, health care,
135	arrearages, or past support.
136	(20)  "Support," unless otherwise specified, means:
137	(a)  Child support and, when the child support obligation
138	is being enforced by the Department of Revenue, spousal support
139	or alimony for the spouse or former spouse of the obligor with
140	whom the child is living.
141	(b)  Child support only in cases not being enforced by the
142	Department of Revenue.
143	(21)  "Time-sharing schedule" means a timetable that has
144	been developed by the parents of a minor child, incorporated
145	into a parenting plan, and approved by a court which specifies
146	the time that a minor child will spend with each of the child's
147	parents. If the parents cannot agree, the schedule shall be
148	established by the court.
149	Section 4.  Subsection (3) of section 61.052, Florida
150	Statutes, is amended to read:
151	61.052  Dissolution of marriage.--
152	(3)  During any period of continuance, the court may make
153	appropriate orders for the support and alimony of the parties;
154	the parenting plan primary residence, custody, rotating custody,
155	visitation, support, maintenance, and education of the minor
156	child of the marriage; attorney's fees; and the preservation of
157	the property of the parties.
158	Section 5.  Section 61.09, Florida Statutes, is amended to
159	read:
160	61.09  Alimony and child support unconnected with
161	dissolution.--If a person having the ability to contribute to
162	the maintenance of his or her spouse and support of his or her
163	minor child fails to do so, the spouse who is not receiving
164	support or who has custody of the child or with whom the child
165	has primary residence may apply to the court for alimony and for
166	support for the child without seeking dissolution of marriage,
167	and the court shall enter an order as it deems just and proper.
168	Section 6.  Section 61.10, Florida Statutes, is amended to
169	read:
170	61.10  Adjudication of obligation to support spouse or
171	minor child unconnected with dissolution; parenting plan and
172	time-sharing schedule child custody, child's primary residence,
173	and visitation.--Except when relief is afforded by some other
174	pending civil action or proceeding, a spouse residing in this
175	state apart from his or her spouse and minor child, whether or
176	not such separation is through his or her fault, may obtain an
177	adjudication of obligation to maintain the spouse and minor
178	child, if any.  The court shall adjudicate his or her financial
179	obligations to the spouse and child and, shall establish the
180	parenting plan and time-sharing schedule for child's primary
181	residence, and shall determine the custody and visitation rights
182	of the parties. Such an action does not preclude either party
183	from maintaining any other proceeding under this chapter for
184	other or additional relief at any time.
185	Section 7.  Section 61.122, Florida Statutes, is amended to
186	read:
187	61.122  Parenting plan recommendation Child custody
188	evaluations; presumption of psychologist's good faith;
189	prerequisite to parent's filing suit; award of fees, costs,
190	reimbursement.--
191	(1)  A psychologist who has been appointed by the court to
192	develop a parenting plan recommendation conduct a child custody
193	evaluation in a dissolution of marriage, case of domestic
194	violence, or paternity matter involving parent-child
195	relationships, including time-sharing of children, judicial
196	proceeding is presumed to be acting in good faith if the
197	psychologist's recommendation evaluation has been reached
198	conducted pursuant to standards that a reasonable psychologist
199	would use to develop a parenting plan recommendation have used
200	as recommended by the American Psychological Association's
201	guidelines for child custody evaluation in divorce proceedings.
202	(2)  An administrative complaint against a court-appointed
203	psychologist which relates to a parenting plan recommendation
204	developed child custody evaluation conducted by the psychologist
205	may not be filed anonymously. The individual who files such an
206	administrative complaint must include in the complaint his or
207	her name, address, and telephone number.
208	(3)  A parent who desires wishes to file a legal action
209	against a court-appointed psychologist who has acted in good
210	faith in developing conducting a parenting plan recommendation
211	child custody evaluation must petition the judge who presided
212	over the dissolution of marriage, case of domestic violence, or
213	paternity action involving parent-child relationships, including
214	time-sharing of children, child custody proceeding to appoint
215	another psychologist. Upon the parent's showing of good cause,
216	the court shall appoint another psychologist. The court shall
217	determine make a determination as to who is responsible for all
218	court costs and attorney's fees associated with making such an
219	appointment.
220	(4)  If a legal action, whether it be a civil action, a
221	criminal action, or an administrative proceeding, is filed
222	against a court-appointed psychologist in a dissolution of
223	marriage, case of domestic violence, or paternity action
224	involving parent-child relationships, including time-sharing of
225	children child custody proceeding, the claimant is responsible
226	for all reasonable costs and reasonable attorney's fees
227	associated with the action for both parties if the psychologist
228	is held not liable. If the psychologist is held liable in civil
229	court, the psychologist must pay all reasonable costs and
230	reasonable attorney's fees for the claimant.
231	Section 8.  Section 61.13, Florida Statutes, is amended to
232	read:
233	61.13  Custody and Support, parenting, and time-sharing of
234	children; visitation rights; power of court in making orders.--
235	(1)(a)  In a proceeding under this chapter, the court may
236	at any time order either or both parents who owe a duty of
237	support to a child to pay support in accordance with the
238	guidelines in s. 61.30. The court initially entering an order
239	requiring one or both parents to make child support payments
240	shall have continuing jurisdiction after the entry of the
241	initial order to modify the amount and terms and conditions of
242	the child support payments when the modification is found
243	necessary by the court in the best interests of the child, when
244	the child reaches majority, or when there is a substantial
245	change in the circumstances of the parties. The court initially
246	entering a child support order shall also have continuing
247	jurisdiction to require the obligee to report to the court on
248	terms prescribed by the court regarding the disposition of the
249	child support payments.
250	(b)  Each order for support shall contain a provision for
251	health care coverage for the minor child when the coverage is
252	reasonably available. Coverage is reasonably available if either
253	the obligor or obligee has access at a reasonable rate to a
254	group health plan. The court may require the obligor either to
255	provide health care coverage or to reimburse the obligee for the
256	cost of health care coverage for the minor child when coverage
257	is provided by the obligee. In either event, the court shall
258	apportion the cost of coverage, and any noncovered medical,
259	dental, and prescription medication expenses of the child, to
260	both parties by adding the cost to the basic obligation
261	determined pursuant to s. 61.30(6). The court may order that
262	payment of uncovered medical, dental, and prescription
263	medication expenses of the minor child be made directly to the
264	obligee on a percentage basis.
265	1.  In a non-Title IV-D case, a copy of the court order for
266	health care coverage shall be served on the obligor's union or
267	employer by the obligee when the following conditions are met:
268	a.  The obligor fails to provide written proof to the
269	obligee within 30 days after receiving effective notice of the
270	court order that the health care coverage has been obtained or
271	that application for coverage has been made;
272	b.  The obligee serves written notice of intent to enforce
273	an order for health care coverage on the obligor by mail at the
274	obligor's last known address; and
275	c.  The obligor fails within 15 days after the mailing of
276	the notice to provide written proof to the obligee that the
277	health care coverage existed as of the date of mailing.
278	2.a.  A support order enforced under Title IV-D of the
279	Social Security Act which requires that the obligor provide
280	health care coverage is enforceable by the department through
281	the use of the national medical support notice, and an amendment
282	to the support order is not required. The department shall
283	transfer the national medical support notice to the obligor's
284	union or employer. The department shall notify the obligor in
285	writing that the notice has been sent to the obligor's union or
286	employer, and the written notification must include the
287	obligor's rights and duties under the national medical support
288	notice. The obligor may contest the withholding required by the
289	national medical support notice based on a mistake of fact. To
290	contest the withholding, the obligor must file a written notice
291	of contest with the department within 15 business days after the
292	date the obligor receives written notification of the national
293	medical support notice from the department. Filing with the
294	department is complete when the notice is received by the person
295	designated by the department in the written notification. The
296	notice of contest must be in the form prescribed by the
297	department. Upon the timely filing of a notice of contest, the
298	department shall, within 5 business days, schedule an informal
299	conference with the obligor to discuss the obligor's factual
300	dispute. If the informal conference resolves the dispute to the
301	obligor's satisfaction or if the obligor fails to attend the
302	informal conference, the notice of contest is deemed withdrawn.
303	If the informal conference does not resolve the dispute, the
304	obligor may request an administrative hearing under chapter 120
305	within 5 business days after the termination of the informal
306	conference, in a form and manner prescribed by the department.
307	However, the filing of a notice of contest by the obligor does
308	not delay the withholding of premium payments by the union,
309	employer, or health plan administrator. The union, employer, or
310	health plan administrator must implement the withholding as
311	directed by the national medical support notice unless notified
312	by the department that the national medical support notice is
313	terminated.
314	b.  In a Title IV-D case, the department shall notify an
315	obligor's union or employer if the obligation to provide health
316	care coverage through that union or employer is terminated.
317	3.  In a non-Title IV-D case, upon receipt of the order
318	pursuant to subparagraph 1., or upon application of the obligor
319	pursuant to the order, the union or employer shall enroll the
320	minor child as a beneficiary in the group health plan regardless
321	of any restrictions on the enrollment period and withhold any
322	required premium from the obligor's income. If more than one
323	plan is offered by the union or employer, the child shall be
324	enrolled in the group health plan in which the obligor is
325	enrolled.
326	4.a.  Upon receipt of the national medical support notice
327	under subparagraph 2. in a Title IV-D case, the union or
328	employer shall transfer the notice to the appropriate group
329	health plan administrator within 20 business days after the date
330	on the notice. The plan administrator must enroll the child as a
331	beneficiary in the group health plan regardless of any
332	restrictions on the enrollment period, and the union or employer
333	must withhold any required premium from the obligor's income
334	upon notification by the plan administrator that the child is
335	enrolled. The child shall be enrolled in the group health plan
336	in which the obligor is enrolled. If the group health plan in
337	which the obligor is enrolled is not available where the child
338	resides or if the obligor is not enrolled in group coverage, the
339	child shall be enrolled in the lowest cost group health plan
340	that is available where the child resides.
341	b.  If health care coverage or the obligor's employment is
342	terminated in a Title IV-D case, the union or employer that is
343	withholding premiums for health care coverage under a national
344	medical support notice must notify the department within 20 days
345	after the termination and provide the obligor's last known
346	address and the name and address of the obligor's new employer,
347	if known.
348	5.a.  The amount withheld by a union or employer in
349	compliance with a support order may not exceed the amount
350	allowed under s. 303(b) of the Consumer Credit Protection Act,
351	15 U.S.C. s. 1673(b), as amended. The union or employer shall
352	withhold the maximum allowed by the Consumer Credit Protection
353	Act in the following order:
354	(I)  Current support, as ordered.
355	(II)  Premium payments for health care coverage, as
356	ordered.
357	(III)  Past due support, as ordered.
358	(IV)  Other medical support or coverage, as ordered.
359	b.  If the combined amount to be withheld for current
360	support plus the premium payment for health care coverage exceed
361	the amount allowed under the Consumer Credit Protection Act, and
362	the health care coverage cannot be obtained unless the full
363	amount of the premium is paid, the union or employer may not
364	withhold the premium payment. However, the union or employer
365	shall withhold the maximum allowed in the following order:
366	(I)  Current support, as ordered.
367	(II)  Past due support, as ordered.
368	(III)  Other medical support or coverage, as ordered.
369	6.  An employer, union, or plan administrator who does not
370	comply with the requirements in sub-subparagraph 4.a. is subject
371	to a civil penalty not to exceed $250 for the first violation
372	and $500 for subsequent violations, plus attorney's fees and
373	costs. The department may file a petition in circuit court to
374	enforce the requirements of this subsection.
375	7.  The department may adopt rules to administer the child
376	support enforcement provisions of this section that affect Title
377	IV-D cases.
378	(c)  To the extent necessary to protect an award of child
379	support, the court may order the obligor to purchase or maintain
380	a life insurance policy or a bond, or to otherwise secure the
381	child support award with any other assets which may be suitable
382	for that purpose.
383	(d)1.  Unless the provisions of subparagraph 3. apply, all
384	child support orders entered on or after January 1, 1985, shall
385	direct that the payments of child support be made as provided in
386	s. 61.181 through the depository in the county where the court
387	is located. All child support orders shall provide the full name
388	and date of birth of each minor child who is the subject of the
389	child support order.
390	2.  Unless the provisions of subparagraph 3. apply, all
391	child support orders entered before January 1, 1985, shall be
392	modified by the court to direct that payments of child support
393	shall be made through the depository in the county where the
394	court is located upon the subsequent appearance of either or
395	both parents to modify or enforce the order, or in any related
396	proceeding.
397	3.  If both parties request and the court finds that it is
398	in the best interest of the child, support payments need not be
399	directed through the depository.  The order of support shall
400	provide, or shall be deemed to provide, that either party may
401	subsequently apply to the depository to require direction of the
402	payments through the depository. The court shall provide a copy
403	of the order to the depository.
404	4.  If the parties elect not to require that support
405	payments be made through the depository, any party may
406	subsequently file an affidavit with the depository alleging a
407	default in payment of child support and stating that the party
408	wishes to require that payments be made through the depository.
409	The party shall provide copies of the affidavit to the court and
410	to each other party. Fifteen days after receipt of the
411	affidavit, the depository shall notify both parties that future
412	payments shall be paid through the depository.
413	5.  In IV-D cases, the IV-D agency shall have the same
414	rights as the obligee in requesting that payments be made
415	through the depository.
416	(2)(a)  The court shall have jurisdiction to approve,
417	create, or modify a parenting plan determine custody,
418	notwithstanding that the child is not physically present in this
419	state at the time of filing any proceeding under this chapter,
420	if it appears to the court that the child was removed from this
421	state for the primary purpose of removing the child from the
422	jurisdiction of the court in an attempt to avoid the court's
423	approval, creation, or modification of a parenting plan a
424	determination or modification of custody.
425	(b)  Any parenting plan approved by the court must, at a
426	minimum, adequately describe in detail how the parents will
427	share and be responsible for the daily tasks associated with the
428	upbringing of a child, the time-sharing schedule arrangements
429	that specify the time that the minor child will spend with each
430	of his or her parents, a designation of who will be responsible
431	for any and all forms of health care, other activities, and
432	school-related matters and the methods and technologies that the
433	parents will use to communicate with each other and with the
434	child. Any parenting plan formulated under this part must
435	address all jurisdictional issues, including, but not limited
436	to, the Uniform Child Custody Jurisdiction Enforcement Act, the
437	International Custody and Abduction Remedies Act, 42 U.S.C. s.
438	11601 et seq., the Parental Kidnapping Prevention Act, and the
439	Convention on the Civil Aspects of International Child Abduction
440	enacted at the Hague on October 25, 1980.
441	(c)(b)1.  The court shall determine all matters relating to
442	parenting and time-sharing custody of each minor child of the
443	parties in accordance with the best interests of the child and
444	in accordance with the Uniform Child Custody Jurisdiction and
445	Enforcement Act. It is the public policy of this state to assure
446	that each minor child has frequent and continuing contact with
447	both parents after the parents separate or the marriage of the
448	parties is dissolved and to encourage parents to share the
449	rights and responsibilities, and joys, of childrearing. There is
450	no presumption for or against After considering all relevant
451	facts, the father or mother of the child when creating or
452	modifying the parenting plan schedule for shall be given the
453	same consideration as the mother in determining the primary
454	residence of a child irrespective of the age or sex of the
455	child.
456	2.  The court shall order that the parental responsibility
457	for a minor child be shared by both parents unless the court
458	finds that shared parental responsibility would be detrimental
459	to the child. Evidence that a parent has been convicted of a
460	felony of the third degree or higher involving domestic
461	violence, as defined in s. 741.28 and chapter 775, or meets the
462	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
463	detriment to the child. If the presumption is not rebutted,
464	shared parental responsibility, including time-sharing with
465	visitation, residence of the child, and decisions made regarding
466	the child, may not be granted to the convicted parent. However,
467	the convicted parent is not relieved of any obligation to
468	provide financial support. If the court determines that shared
469	parental responsibility would be detrimental to the child, it
470	may order sole parental responsibility and make such
471	arrangements for time-sharing as specified in the parenting plan
472	visitation as will best protect the child or abused spouse from
473	further harm. Whether or not there is a conviction of any
474	offense of domestic violence or child abuse or the existence of
475	an injunction for protection against domestic violence, the
476	court shall consider evidence of domestic violence or child
477	abuse as evidence of detriment to the child.
478	a.  In ordering shared parental responsibility, the court
479	may consider the expressed desires of the parents and may grant
480	to one party the ultimate responsibility over specific aspects
481	of the child's welfare or may divide those responsibilities
482	between the parties based on the best interests of the child.
483	Areas of responsibility may include primary residence,
484	education, healthcare medical and dental care, and any other
485	responsibilities that the court finds unique to a particular
486	family.
487	b.  The court shall order "sole parental responsibility for
488	a minor child to one parent, with or without time-sharing with
489	visitation rights, to the other parent," when it is in the best
490	interests of" the minor child.
491	3.  Access to records and information pertaining to a minor
492	child, including, but not limited to, medical, dental, and
493	school records, may not be denied to either a parent because the
494	parent is not the child's primary residential parent. Full
495	rights under this subparagraph apply to either parent unless a
496	court order specifically revokes these rights, including any
497	restrictions on these rights as provided in a domestic violence
498	injunction. A parent having rights under this subparagraph has
499	the same rights upon request as to form, substance, and manner
500	of access as are available to the other parent of a child,
501	including, without limitation, the right to in-person
502	communication with medical, dental, and education providers.
503	(d)(c)  The circuit court in the county in which either
504	parent and the child reside or the circuit court in which the
505	original order approving or creating the parenting plan award of
506	custody was entered has have jurisdiction to modify the
507	parenting plan an award of child custody. The court may change
508	the venue in accordance with s. 47.122.
509	(3)  For purposes of establishing, modifying parental
510	responsibility and creating, developing, approving, or modifying
511	a parenting plan, including a time-sharing schedule, which
512	governs each parent's relationship with his or her minor child
513	and the relationship between each parent with regard to his or
514	her minor child, the best interests of the child shall be the
515	primary consideration. There shall be no presumptions for or
516	against either parent when establishing, creating, developing,
517	approving, or modifying the parenting plan, including the time-
518	sharing schedule, as well as determining decisionmaking,
519	regardless of the age or sex of the child, giving due
520	consideration to the developmental needs of the child. The
521	parenting plan, must be in the best interests of the minor
522	child, and evidence that a parent has been convicted of a felony
523	of the third degree or higher involving domestic violence, as
524	defined in s. 741.28 or chapter 775, or meeting the criteria of
525	s. 39.806(1)(d), creates a rebuttable presumption of detriment
526	to the child. If the presumption is not rebutted, the time-
527	sharing with the child and decisions made regarding the child
528	may not be granted to the convicted parent. Otherwise,
529	determination of the best interests of the child shall be made
530	by evaluating all of the factors affecting the welfare and
531	interests of the child, including, but not limited to:
532	(a)  The demonstrated capacity and disposition of each
533	parent to facilitate and encourage a close and continuing
534	parent-child relationship between the child and the other
535	parent, to honor the time-sharing schedule, and to be reasonable
536	when changes are required.
537	(b)  The anticipated division of parental responsibilities
538	after the litigation, including the extent to which parental
539	responsibilities will be delegated to third parties.
540	(c)  The demonstrated capacity and disposition of each
541	parent to determine, consider, and act upon the needs of the
542	child as opposed to the needs or desires of the parent. shared
543	parental responsibility and primary residence, the best
544	interests of the child shall include an evaluation of all
545	factors affecting the welfare and interests of the child,
546	including, but not limited to:
547	(a)  The parent who is more likely to allow the child
548	frequent and continuing contact with the nonresidential parent.
549	(b)  The love, affection, and other emotional ties existing
550	between the parents and the child.
551	(c)  The capacity and disposition of the parents to provide
552	the child with food, clothing, medical care or other remedial
553	care recognized and permitted under the laws of this state in
554	lieu of medical care, and other material needs.
555	(d)  The length of time the child has lived in a stable,
556	satisfactory environment and the desirability of maintaining
557	continuity.
558	(e)  The geographic viability of the parenting plan, with
559	special attention paid to the needs of school-age children and
560	the amount of time to be spent traveling to effectuate the
561	parenting plan. This factor does not create a presumption for or
562	against relocation of either parent with a child. The
563	permanence, as a family unit, of the existing or proposed
564	custodial home.
565	(f)  The moral fitness of the parents.
566	(g)  The mental and physical health of the parents.
567	(h)  The demonstrated capacity and disposition of each
568	parent to be informed of the circumstances surrounding the minor
569	child, such as the child's friends, teachers, medical care
570	providers, favorite activities, favorite foods, and clothes
571	sizes.
572	(i)  The demonstrated capacity and disposition of each
573	parent to provide a consistent routine for the child, such as
574	forms of discipline and setting times for homework, meals, and
575	bedtime.
576	(j)  The demonstrated capacity and disposition of each
577	parent to communicate with the other parent and to keep the
578	other parent informed of issues and activities regarding the
579	minor child, and the willingness of each parent to adopt a
580	unified front on all major issues when dealing with the child.
581	(k)  Evidence of domestic violence, sexual violence, child
582	abuse, child abandonment, or child neglect, regardless of
583	whether a prior or pending action regarding those issues has
584	been brought.
585	(l)  Evidence that either parent has knowingly provided
586	false information to the court regarding any prior or pending
587	action regarding domestic violence, sexual violence, child
588	abuse, child abandonment, or child neglect.
589	(m)  The particular parenting tasks customarily performed
590	by each parent and the division of parental responsibilities
591	before the institution of litigation and during the pending
592	litigation, including the extent to which parental
593	responsibilities were undertaken by third parties.
594	(n)  The demonstrated capacity and disposition of each
595	parent to participate and be involved in the child's school and
596	extracurricular activities.
597	(o)  The demonstrated capacity and disposition of each
598	parent to maintain an environment for the child which is free
599	from substance abuse.
600	(p)  The capacity and disposition of each parent to protect
601	the child from the ongoing litigation as demonstrated by not
602	discussing the case with the child, not sharing documents or
603	electronic media related to the case with the child, and not
604	making disparaging comments about the other parent to the child.
605	(q)  The developmental stages and needs of the child and
606	the demonstrated capacity and disposition of each parent to meet
607	the child's developmental needs.
608	(r)  The demonstrated capability, experience, and knowledge
609	of each parent on how best to raise a child who has a serious
610	and well-recognized medical condition, including, but not
611	limited to, an autism spectrum disorder or a related condition.
612	(s)  Any other factor that is relevant to the determination
613	of a specific parenting plan, including the time-sharing
614	schedule. The home, school, and community record of the child.
615	(i)  The reasonable preference of the child, if the court
616	deems the child to be of sufficient intelligence, understanding,
617	and experience to express a preference.
618	(j)  The willingness and ability of each parent to
619	facilitate and encourage a close and continuing parent-child
620	relationship between the child and the other parent.
621	(k)  Evidence that any party has knowingly provided false
622	information to the court regarding a domestic violence
623	proceeding pursuant to s. 741.30.
624	(l)  Evidence of domestic violence or child abuse.
625	(m)  Any other fact considered by the court to be relevant.
626	(4)(a)  When a noncustodial parent who is ordered to pay
627	child support or alimony and who is awarded visitation rights
628	fails to pay child support or alimony, the custodial parent who
629	should have received the child support or alimony may shall not
630	refuse to honor the time-sharing schedule presently in effect
631	between the parents noncustodial parent's visitation rights.
632	(b)  When a custodial parent refuses to honor the other a
633	noncustodial parent's visitation rights under the time-sharing
634	schedule, the noncustodial parent whose time-sharing rights were
635	violated shall continue not fail to pay any ordered child
636	support or alimony.
637	(c)  When a custodial parent refuses to honor the time-
638	sharing schedule in the parenting plan a noncustodial parent's
639	or grandparent's visitation rights without proper cause, the
640	court:
641	1.  Shall, after calculating the amount of time-sharing
642	visitation improperly denied, award the noncustodial parent
643	denied time-sharing or grandparent a sufficient amount of extra
644	time-sharing visitation to compensate for the time-sharing
645	missed, and such time-sharing the noncustodial parent or
646	grandparent, which visitation shall be ordered as expeditiously
647	as possible in a manner consistent with the best interests of
648	the child and scheduled in a manner that is convenient for the
649	parent person deprived of time-sharing visitation. In ordering
650	any makeup time-sharing visitation, the court shall schedule
651	such time-sharing visitation in a manner that is consistent with
652	the best interests of the child or children and that is
653	convenient for the nonoffending noncustodial parent and at the
654	expense of the noncompliant parent or grandparent. In addition,
655	the court:
656	2.1.  May order the custodial parent who did not provide
657	time-sharing or did not properly exercise time-sharing under the
658	time-sharing schedule to pay reasonable court costs and
659	attorney's fees incurred by the nonoffending noncustodial parent
660	or grandparent to enforce the time-sharing schedule their
661	visitation rights or make up improperly denied visitation;
662	3.2.  May order the custodial parent who did not provide
663	time-sharing or did not properly exercise time-sharing under the
664	time-sharing schedule to attend a the parenting course approved
665	by the judicial circuit;
666	4.3.  May order the custodial parent who did not provide
667	time-sharing or did not properly exercise time-sharing under the
668	time-sharing schedule to do community service if the order will
669	not interfere with the welfare of the child;
670	5.4.  May order the custodial parent who did not provide
671	time-sharing or did not properly exercise time-sharing under the
672	time-sharing schedule to have the financial burden of promoting
673	frequent and continuing contact when the custodial parent and
674	child reside further than 60 miles from the noncustodial parent;
675	6.5.  May award custody, rotating custody, or primary
676	residence to the noncustodial parent, upon the request of the
677	noncustodial parent who did not violate the time-sharing
678	schedule, modify the parenting plan, if modification the award
679	is in the best interests of the child; or
680	7.  May order the parent who did not provide time-sharing
681	or did not properly exercise time-sharing under the time-sharing
682	schedule to be responsible for incidental costs incurred by the
683	compliant parent as a result of the other parent's
684	noncompliance; or
685	8.6.  May impose any other reasonable sanction as a result
686	of noncompliance.
687	(d)  A person who violates this subsection may be punished
688	by contempt of court or other remedies as the court deems
689	appropriate.
690	(5)  The court may make specific orders regarding the
691	parenting plan and the time-sharing schedule for the care and
692	custody of the minor child as such orders relate to from the
693	circumstances of the parties and the nature of the case and are
694	is equitable and provide for child support in accordance with
695	the guidelines in s. 61.30.  An order for equal time-sharing for
696	award of shared parental responsibility of a minor child does
697	not preclude the court from entering an order for child support
698	of the child.
699	(6)  In any proceeding under this section, the court may
700	not deny shared parental responsibility and time-sharing,
701	custody, or visitation rights to a parent or grandparent solely
702	because that parent or grandparent is or is believed to be
703	infected with human immunodeficiency virus,; but the court may
704	condition such rights in an order approving the parenting plan
705	upon the parent's or grandparent's agreement to observe measures
706	approved by the Centers for Disease Control and Prevention of
707	the United States Public Health Service or by the Department of
708	Health for preventing the spread of human immunodeficiency virus
709	to the child.
710	(7)  If the court orders that parental responsibility,
711	including visitation, be shared by both parents, the court may
712	not deny the noncustodial parent overnight contact and access to
713	or visitation with the child solely because of the age or sex of
714	the child.
715	(7)(8)(a)  Beginning July 1, 1997, each party to any
716	paternity or support proceeding is required to file with the
717	tribunal as defined in s. 88.1011(22) and State Case Registry
718	upon entry of an order, and to update as appropriate,
719	information on location and identity of the party, including
720	social security number, residential and mailing addresses,
721	telephone number, driver's license number, and name, address,
722	and telephone number of employer. Beginning October 1, 1998,
723	each party to any paternity or child support proceeding in a
724	non-Title IV-D case shall meet the above requirements for
725	updating the tribunal and State Case Registry.
726	(b)  Pursuant to the federal Personal Responsibility and
727	Work Opportunity Reconciliation Act of 1996, each party is
728	required to provide his or her social security number in
729	accordance with this section.  Disclosure of social security
730	numbers obtained through this requirement shall be limited to
731	the purpose of administration of the Title IV-D program for
732	child support enforcement.
733	(c)  Beginning July 1, 1997, in any subsequent Title IV-D
734	child support enforcement action between the parties, upon
735	sufficient showing that diligent effort has been made to
736	ascertain the location of such a party, the court of competent
737	jurisdiction shall deem state due process requirements for
738	notice and service of process to be met with respect to the
739	party, upon delivery of written notice to the most recent
740	residential or employer address filed with the tribunal and
741	State Case Registry pursuant to paragraph (a). Beginning October
742	1, 1998, in any subsequent non-Title IV-D child support
743	enforcement action between the parties, the same requirements
744	for service shall apply.
745	(8)(9)  At the time an order for child support is entered,
746	each party is required to provide his or her social security
747	number and date of birth to the court, as well as the name, date
748	of birth, and social security number of each minor child that is
749	the subject of such child support order. Pursuant to the federal
750	Personal Responsibility and Work Opportunity Reconciliation Act
751	of 1996, each party is required to provide his or her social
752	security number in accordance with this section. All social
753	security numbers required by this section shall be provided by
754	the parties and maintained by the depository as a separate
755	attachment in the file. Disclosure of social security numbers
756	obtained through this requirement shall be limited to the
757	purpose of administration of the Title IV-D program for child
758	support enforcement.
759	Section 9.  Section 61.13001, Florida Statutes, is amended
760	to read:
761	61.13001  Parental relocation with a child.--
762	(1)  DEFINITIONS.--As used in this section:
763	(a)  "Change of residence address" means the relocation of
764	a child to a principal residence more than 50 miles away from
765	his or her principal place of residence at the time of the entry
766	of the last order establishing or modifying the parenting plan
767	or time-sharing arrangement for designation of the primary
768	residential parent or the custody of the minor child, unless the
769	move places the principal residence of the minor child less than
770	50 miles from either the nonresidential parent.
771	(b)  "Child" means any person who is under the jurisdiction
772	of a state court pursuant to the Uniform Child Custody
773	Jurisdiction and Enforcement Act or is the subject of any order
774	granting to a parent or other person any right to time-sharing,
775	residential care, or kinship, custody, or visitation as provided
776	under state law.
777	(c)  "Court" means the circuit court in an original
778	proceeding which has proper venue and jurisdiction in accordance
779	with the Uniform Child Custody Jurisdiction and Enforcement Act,
780	the circuit court in the county in which either parent and the
781	child reside, or the circuit court in which the original action
782	was adjudicated.
783	(d)  "Other person" means an individual who is not the
784	parent and who, by court order, maintains the primary residence
785	of a child or has visitation rights with a child.
786	(e)  "Parent" means any person so named by court order or
787	express written agreement that is subject to court enforcement
788	or a person reflected as a parent on a birth certificate and in
789	whose home a child maintains a primary or secondary residence.
790	Notwithstanding this paragraph, a putative father is not
791	included in the definition of father and does not have standing
792	to seek relief under this chapter until paternity has been
793	legally established.
794	(f)  "Person entitled to be the primary residential parent
795	of a child" means a person so designated by court order or by an
796	express written agreement that is subject to court enforcement
797	or a person seeking such a designation, or, when neither parent
798	has been designated as primary residential parent, the person
799	seeking to relocate with a child.
800	(g)  "Principal residence of a child" means the home of the
801	designated primary residential parent. For purposes of this
802	section only, when rotating custody is in effect, each parent
803	shall be considered to be the primary residential parent.
804	(f)(h)  "Relocation" means a change in any the principal
805	residence of a child for a period of 60 consecutive days or more
806	but does not include a temporary absence from the principal
807	residence for purposes of vacation, education, or the provision
808	of health care for the child.
809	(2)  RELOCATION BY AGREEMENT.--
810	(a)  If the parents primary residential parent and the
811	other parent and every other person entitled to time-sharing
812	visitation with the child agree to the relocation of the child
813	child's principal residence, they may satisfy the requirements
814	of this section by signing a written agreement that:
815	1.  Reflects the consent to the relocation;
816	2.  Defines time-sharing the visitation rights for the
817	nonrelocating parent and any other persons who are entitled to
818	time-sharing visitation; and
819	3.  Describes, if necessary, any transportation
820	arrangements related to time-sharing the visitation.
821	(b)  If there is an existing cause of action, judgment, or
822	decree of record pertaining to the child's primary residence or
823	time-sharing visitation, the parties shall seek ratification of
824	the agreement by court order without the necessity of an
825	evidentiary hearing unless a hearing is requested, in writing,
826	by one or more of the parties to the agreement within 10 days
827	after the date the agreement is filed with the court. If a
828	hearing is not timely requested, it shall be presumed that the
829	relocation is in the best interest of the child and the court
830	may ratify the agreement without an evidentiary hearing.
831	(3)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an
832	agreement has been entered as described in subsection (2), a
833	parent who is entitled to time-sharing with primary residence of
834	the child shall notify the other parent, and every other person
835	entitled to time-sharing visitation with the child, of a
836	proposed relocation of the child's principal residence. The form
837	of notice shall be according to this section:
838	(a)  The parent seeking to relocate shall prepare a Notice
839	of Intent to Relocate. The following information must be
840	included with the Notice of Intent to Relocate and signed under
841	oath under penalty of perjury:
842	1.  A description of the location of the intended new
843	residence, including the state, city, and specific physical
844	address, if known.
845	2.  The mailing address of the intended new residence, if
846	not the same as the physical address, if known.
847	3.  The home telephone number of the intended new
848	residence, if known.
849	4.  The date of the intended move or proposed relocation.
850	5.  A detailed statement of the specific reasons for the
851	proposed relocation of the child. If one of the reasons is based
852	upon a job offer which has been reduced to writing, that written
853	job offer must be attached to the Notice of Intent to Relocate.
854	6.  A proposal for the revised postrelocation schedule of
855	time-sharing visitation together with a proposal for the
856	postrelocation transportation arrangements necessary to
857	effectuate time-sharing visitation with the child. Absent the
858	existence of a current, valid order abating, terminating, or
859	restricting time-sharing visitation or other good cause
860	predating the Notice of Intent to Relocate, failure to comply
861	with this provision renders the Notice of Intent to Relocate
862	legally insufficient.
863	7.  Substantially the following statement, in all capital
864	letters and in the same size type, or larger, as the type in the
865	remainder of the notice:
866
867	AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
868	FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
869	SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
870	OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
871	RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
872	THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
873	WITHOUT A HEARING.
874	8.  The mailing address of the parent or other person
875	seeking to relocate to which the objection filed under
876	subsection (5) to the Notice of Intent to Relocate should be
877	sent.
878
879	The contents of the Notice of Intent to Relocate are not
880	privileged. For purposes of encouraging amicable resolution of
881	the relocation issue, a copy of the Notice of Intent to Relocate
882	shall initially not be filed with the court but instead served
883	upon the nonrelocating parent, other person, and every other
884	person entitled to time-sharing visitation with the child, and
885	the original thereof shall be maintained by the parent or other
886	person seeking to relocate.
887	(b)  The parent seeking to relocate shall also prepare a
888	Certificate of Filing Notice of Intent to Relocate. The
889	certificate shall certify the date that the Notice of Intent to
890	Relocate was served on the other parent and on every other
891	person entitled to time-sharing visitation with the child.
892	(c)  The Notice of Intent to Relocate, and the Certificate
893	of Filing Notice of Intent to Relocate, shall be served on the
894	other parent and on every other person entitled to time-sharing
895	visitation with the child. If there is a pending court action
896	regarding the child, service of process may be according to
897	court rule. Otherwise, service of process shall be according to
898	chapters 48 and 49 or via certified mail, restricted delivery,
899	return receipt requested.
900	(d)  A person giving notice of a proposed relocation or
901	change of residence address under this section has a continuing
902	duty to provide current and updated information required by this
903	section when that information becomes known.
904	(e)  If the other parent and any other person entitled to
905	time-sharing visitation with the child fails to timely file an
906	objection, it shall be presumed that the relocation is in the
907	best interest of the child, the relocation shall be allowed, and
908	the court shall, absent good cause, enter an order, attaching a
909	copy of the Notice of Intent to Relocate, reflecting that the
910	order is entered as a result of the failure to object to the
911	Notice of Intent to Relocate, and adopting the time-sharing
912	visitation schedule and transportation arrangements contained in
913	the Notice of Intent to Relocate. The order may issue in an
914	expedited manner without the necessity of an evidentiary
915	hearing. If an objection is timely filed, the burden returns to
916	the parent or person seeking to relocate to initiate court
917	proceedings to obtain court permission to relocate before prior
918	to doing so.
919	(f)  The act of relocating the child after failure to
920	comply with the notice of intent to relocate procedure described
921	in this subsection subjects the party in violation thereof to
922	contempt and other proceedings to compel the return of the child
923	and may be taken into account by the court in any initial or
924	postjudgment action seeking a determination or modification of
925	the parenting plan or the time-sharing schedule, or both,
926	designation of the primary residential parent or of the
927	residence, custody, or visitation with the child as:
928	1.  A factor in making a determination regarding the
929	relocation of a child.
930	2.  A factor in determining whether the parenting plan or
931	the designation of the primary residential parent or the
932	residence, contact, access, visitation, or time-sharing schedule
933	arrangements should be modified.
934	3.  A basis for ordering the temporary or permanent return
935	of the child.
936	4.  Sufficient cause to order the parent or other person
937	seeking to relocate the child to pay reasonable expenses and
938	attorney's fees incurred by the party objecting to the
939	relocation.
940	5.  Sufficient cause for the award of reasonable attorney's
941	fees and costs, including interim travel expenses incident to
942	time-sharing visitation or securing the return of the child.
943	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
944	other person seeking to relocate a child, or the child, is
945	entitled to prevent disclosure of location information under any
946	public records exemption applicable to that person, the court
947	may enter any order necessary to modify the disclosure
948	requirements of this section in compliance with the public
949	records exemption.
950	(5)  CONTENT OF OBJECTION TO RELOCATION.--An objection
951	seeking to prevent the relocation of a child must shall be
952	verified and served within 30 days after service of the Notice
953	of Intent to Relocate. The objection must shall include the
954	specific factual basis supporting the reasons for seeking a
955	prohibition of the relocation, including a statement of the
956	amount of participation or involvement the objecting party
957	currently has or has had in the life of the child.
958	(6)  TEMPORARY ORDER.--
959	(a)  The court may grant a temporary order restraining the
960	relocation of a child or ordering the return of the child, if a
961	relocation has previously taken place, or other appropriate
962	remedial relief, if the court finds:
963	1.  The required notice of a proposed relocation of a child
964	was not provided in a timely manner;
965	2.  The child already has been relocated without notice or
966	written agreement of the parties or without court approval; or
967	3.  From an examination of the evidence presented at the
968	preliminary hearing that there is a likelihood that upon final
969	hearing the court will not approve the relocation of the primary
970	residence of the child.
971	(b)  The court may grant a temporary order permitting the
972	relocation of the child pending final hearing, if the court:
973	1.  Finds that the required Notice of Intent to Relocate
974	was provided in a timely manner; and
975	2.  Finds from an examination of the evidence presented at
976	the preliminary hearing that there is a likelihood that on final
977	hearing the court will approve the relocation of the primary
978	residence of the child, which findings must be supported by the
979	same factual basis as would be necessary to support the
980	permitting of relocation in a final judgment.
981	(c)  If the court has issued a temporary order authorizing
982	a party seeking to relocate or move a child before a final
983	judgment is rendered, the court may not give any weight to the
984	temporary relocation as a factor in reaching its final decision.
985	(d)  If temporary relocation of a child is permitted, the
986	court may require the person relocating the child to provide
987	reasonable security, financial or otherwise, and guarantee that
988	the court-ordered contact with the child will not be interrupted
989	or interfered with by the relocating party.
990	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
991	RELOCATION.--A No presumption does not shall arise in favor of
992	or against a request to relocate with the child when a primary
993	residential parent seeks to move the child and the move will
994	materially affect the current schedule of contact, access, and
995	time-sharing with the nonrelocating parent or other person. In
996	reaching its decision regarding a proposed temporary or
997	permanent relocation, the court shall evaluate all of the
998	following factors:
999	(a)  The nature, quality, extent of involvement, and
1000	duration of the child's relationship with the parent proposing
1001	to relocate with the child and with the nonrelocating parent,
1002	other persons, siblings, half-siblings, and other significant
1003	persons in the child's life.
1004	(b)  The age and developmental stage of the child, the
1005	needs of the child, and the likely impact the relocation will
1006	have on the child's physical, educational, and emotional
1007	development, taking into consideration any special needs of the
1008	child.
1009	(c)  The feasibility of preserving the relationship between
1010	the nonrelocating parent or other person and the child through
1011	substitute arrangements that take into consideration the
1012	logistics of contact, access, visitation, and time-sharing, as
1013	well as the financial circumstances of the parties; whether
1014	those factors are sufficient to foster a continuing meaningful
1015	relationship between the child and the nonrelocating parent or
1016	other person; and the likelihood of compliance with the
1017	substitute arrangements by the relocating parent once he or she
1018	is out of the jurisdiction of the court.
1019	(d)  The child's preference, taking into consideration the
1020	age and maturity of the child.
1021	(e)  Whether the relocation will enhance the general
1022	quality of life for both the parent seeking the relocation and
1023	the child, including, but not limited to, financial or emotional
1024	benefits or educational opportunities.
1025	(f)  The reasons of each parent or other person for seeking
1026	or opposing the relocation.
1027	(g)  The current employment and economic circumstances of
1028	each parent or other person and whether or not the proposed
1029	relocation is necessary to improve the economic circumstances of
1030	the parent or other person seeking relocation of the child.
1031	(h)  That the relocation is sought in good faith and the
1032	extent to which the objecting parent has fulfilled his or her
1033	financial obligations to the parent or other person seeking
1034	relocation, including child support, spousal support, and
1035	marital property and marital debt obligations.
1036	(i)  The career and other opportunities available to the
1037	objecting parent or objecting other person if the relocation
1038	occurs.
1039	(j)  A history of substance abuse or domestic violence as
1040	defined in s. 741.28 or which meets the criteria of s.
1041	39.806(1)(d) by either parent, including a consideration of the
1042	severity of such conduct and the failure or success of any
1043	attempts at rehabilitation.
1044	(k)  Whether the proposed move will be poorly understood,
1045	tolerated, or accepted by a child who has an autism spectrum
1046	disorder or related condition that may prevent the child from
1047	adapting well to a new environment and new circumstances.
1048	(l)(k)  Any other factor affecting the best interest of the
1049	child or as set forth in s. 61.13.
1050	(8)  BURDEN OF PROOF.--The parent or other person wishing
1051	to relocate has the burden of proof if an objection is filed and
1052	must then initiate a proceeding seeking court permission for
1053	relocation. The initial burden is on the parent or person
1054	wishing to relocate to prove by a preponderance of the evidence
1055	that relocation is in the best interest of the child. If that
1056	burden of proof is met, the burden shifts to the nonrelocating
1057	parent or other person to show by a preponderance of the
1058	evidence that the proposed relocation is not in the best
1059	interest of the child.
1060	(9)  ORDER REGARDING RELOCATION.--If relocation is
1061	permitted:
1062	(a)  The court may, in its discretion, order contact with
1063	the nonrelocating parent, including access, visitation, time-
1064	sharing, telephone, Internet, web-cam, and other arrangements
1065	sufficient to ensure that the child has frequent, continuing,
1066	and meaningful contact, access, visitation, and time-sharing
1067	with the nonrelocating parent or other persons, if contact is
1068	financially affordable and in the best interest of the child.
1069	(b)  If applicable, the court shall specify how the
1070	transportation costs will be allocated between the parents and
1071	other persons entitled to contact, access, visitation, and time-
1072	sharing and may adjust the child support award, as appropriate,
1073	considering the costs of transportation and the respective net
1074	incomes of the parents in accordance with state child support
1075	guidelines.
1076	(10)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary
1077	hearing or nonjury trial on a pleading seeking temporary or
1078	permanent relief filed under pursuant to this section shall be
1079	accorded priority on the court's calendar.
1080	(11)  APPLICABILITY.--
1081	(a)  The provisions of This section applies apply:
1082	1.  To orders entered before October 1, 2006, if the
1083	existing order defining custody, primary residence, or time-
1084	sharing visitation of or with the child does not expressly
1085	govern the relocation of the child.
1086	2.  To an order, whether temporary or permanent, regarding
1087	the parenting plan, custody, primary residence, time-sharing or
1088	visitation of or with the child entered on or after October 1,
1089	2006.
1090	3.  To any relocation or proposed relocation, whether
1091	permanent or temporary, of a child during any proceeding pending
1092	on October 1, 2006, wherein the parenting plan, custody, primary
1093	residence, time-sharing or visitation of or with the child is an
1094	issue.
1095	(b)  To the extent that a provision of this section
1096	conflicts with an order existing on October 1, 2006, this
1097	section does not apply to the terms of that order which
1098	expressly govern relocation of the child or a change in the
1099	principal residence address of a parent.
1100	Section 10.  Paragraph (d) of subsection (3) of section
1101	61.181, Florida Statutes, is amended to read:
1102	61.181  Depository for alimony transactions, support,
1103	maintenance, and support payments; fees.--
1104	(3)
1105	(d)  When time-sharing custody of a child is relinquished
1106	by a custodial parent who is entitled to receive child support
1107	moneys from the depository to a licensed or registered long-term
1108	care child agency, that agency may request from the court an
1109	order directing that child support payments that which would
1110	otherwise be distributed to the custodial parent be distributed
1111	to the agency for the period of time that custody of the child
1112	is with by the agency. Thereafter, payments shall be distributed
1113	to the agency as if the agency were the custodial parent until
1114	further order of the court.
1115	Section 11.  Subsection (1) of section 61.1827, Florida
1116	Statutes, is amended to read:
1117	61.1827  Identifying information concerning applicants for
1118	and recipients of child support services.--
1119	(1)  Any information that reveals the identity of
1120	applicants for or recipients of child support services,
1121	including the name, address, and telephone number of such
1122	persons, held by a non-Title IV-D county child support
1123	enforcement agency is confidential and exempt from s. 119.07(1)
1124	and s. 24(a) of Art. I of the State Constitution. The use or
1125	disclosure of such information by the non-Title IV-D county
1126	child support enforcement agency is limited to the purposes
1127	directly connected with:
1128	(a)  Any investigation, prosecution, or criminal or civil
1129	proceeding connected with the administration of any non-Title
1130	IV-D county child support enforcement program;
1131	(b)  Mandatory disclosure of identifying and location
1132	information as provided in s. 61.13(7) s. 61.13(8) by the non-
1133	Title IV-D county child support enforcement agency when
1134	providing non-Title IV-D services;
1135	(c)  Mandatory disclosure of information as required by ss.
1136	409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
1137	Social Security Act; or
1138	(d)  Disclosure to an authorized person, as defined in 45
1139	C.F.R. s. 303.15, for purposes of enforcing any state or federal
1140	law with respect to the unlawful taking or restraint of a child
1141	or making or enforcing a parenting plan child custody or
1142	visitation determination. As used in this paragraph, the term
1143	"authorized person" includes a noncustodial parent, unless a
1144	court has entered an order under s. 741.30, s. 741.31, or s.
1145	784.046.
1146	Section 12.  Section 61.20, Florida Statutes, is amended to
1147	read:
1148	61.20  Social investigation and recommendations when a
1149	parenting plan child custody is at in issue.--
1150	(1)  In any action where the parenting plan custody of a
1151	minor child is at in issue, the court may order a social
1152	investigation and study concerning all pertinent details
1153	relating to the child and each parent when such an investigation
1154	has not been done and the study therefrom provided to the court
1155	by the parties or when the court determines that the
1156	investigation and study that have been done are insufficient.
1157	The agency, staff, or person conducting the investigation and
1158	study ordered by the court pursuant to this section shall
1159	furnish the court and all parties of record in the proceeding a
1160	written study containing recommendations, including a written
1161	statement of facts found in the social investigation on which
1162	the recommendations are based. The court may consider the
1163	information contained in the study in making a decision on the
1164	parenting plan, child's custody and the technical rules of
1165	evidence do not exclude the study from consideration.
1166	(2)  A social investigation and study, when ordered by the
1167	court, shall be conducted by qualified staff of the court; a
1168	child-placing agency licensed pursuant to s. 409.175; a
1169	psychologist licensed pursuant to chapter 490; or a clinical
1170	social worker, marriage and family therapist, or mental health
1171	counselor licensed pursuant to chapter 491.  If a certification
1172	of indigence based on an affidavit filed with the court pursuant
1173	to s. 57.081 is provided by an adult party to the proceeding and
1174	the court does not have qualified staff to perform the
1175	investigation and study, the court may request that the
1176	Department of Children and Family Services conduct the
1177	investigation and study.
1178	(3)  Except as to persons who obtain certification of
1179	indigence as specified in subsection (2), for whom no costs
1180	shall be incurred, the adult parties involved in a child custody
1181	proceeding to determine a parenting plan wherein the court has
1182	ordered the performance of a social investigation and study
1183	performed shall be responsible for the payment of the costs of
1184	such investigation and study. Upon submission of the study to
1185	the court, the agency, staff, or person performing the study
1186	shall include a bill for services, which shall be taxed and
1187	ordered paid as costs in the proceeding.
1188	Section 13.  Paragraph (c) of subsection (1) and subsection
1189	(6) of section 61.21, Florida Statutes, are amended to read:
1190	61.21  Parenting course authorized; fees; required
1191	attendance authorized; contempt.--
1192	(1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of
1193	the Legislature that:
1194	(c)  It has been found to be beneficial to parents who are
1195	separating or divorcing to have available an educational program
1196	that will provide general information regarding:
1197	1.  The issues and legal procedures for resolving time-
1198	sharing custody and child support disputes.
1199	2.  The emotional experiences and problems of divorcing
1200	adults.
1201	3.  The family problems and the emotional concerns and
1202	needs of the children.
1203	4.  The availability of community services and resources.
1204	(6)  All parties to a modification of a final judgment
1205	involving a parenting plan or a time-sharing schedule shared
1206	parental responsibilities, custody, or visitation may be
1207	required to complete a court-approved parenting course prior to
1208	the entry of an order modifying the final judgment.
1209	Section 14.  Paragraph (a) of subsection (1), paragraph (b)
1210	of subsection (2), and subsections (7), (8), (11), and (17) of
1211	section 61.30, Florida Statutes, are amended to read:
1212	61.30  Child support guidelines; retroactive child
1213	support.--
1214	(1)(a)  The child support guideline amount as determined by
1215	this section presumptively establishes the amount the trier of
1216	fact shall order as child support in an initial proceeding for
1217	such support or in a proceeding for modification of an existing
1218	order for such support, whether the proceeding arises under this
1219	or another chapter.  The trier of fact may order payment of
1220	child support which varies, plus or minus 5 percent, from the
1221	guideline amount, after considering all relevant factors,
1222	including the needs of the child or children, age, station in
1223	life, standard of living, and the financial status and ability
1224	of each parent.  The trier of fact may order payment of child
1225	support in an amount which varies more than 5 percent from such
1226	guideline amount only upon a written finding explaining why
1227	ordering payment of such guideline amount would be unjust or
1228	inappropriate. Notwithstanding the variance limitations of this
1229	section, the trier of fact shall order payment of child support
1230	which varies from the guideline amount as provided in paragraph
1231	(11)(b) whenever any of the children are required by court order
1232	or mediation agreement to spend a substantial amount of time
1233	with both the primary and secondary residential parents. This
1234	requirement applies to any living arrangement, whether temporary
1235	or permanent.
1236	(2)  Income shall be determined on a monthly basis for the
1237	obligor and for the obligee as follows:
1238	(b)  Income on a monthly basis shall be imputed to an
1239	unemployed or underemployed parent when such employment or
1240	underemployment is found to be voluntary on that parent's part,
1241	absent physical or mental incapacity or other circumstances over
1242	which the parent has no control.  In the event of such voluntary
1243	unemployment or underemployment, the employment potential and
1244	probable earnings level of the parent shall be determined based
1245	upon his or her recent work history, occupational
1246	qualifications, and prevailing earnings level in the community;
1247	however, the court may refuse to impute income to a primary
1248	residential parent if the court finds it necessary for the
1249	parent to stay home with the child.
1250	(7)  Child care costs incurred on behalf of the children
1251	due to employment, job search, or education calculated to result
1252	in employment or to enhance income of current employment of
1253	either parent shall be reduced by 25 percent and then shall be
1254	added to the basic obligation. After the adjusted child care
1255	costs are added to the basic obligation, any moneys prepaid by
1256	one the noncustodial parent for child care costs for the child
1257	or children of this action shall be deducted from that
1258	noncustodial parent's child support obligation for that child or
1259	those children. Child care costs may shall not exceed the level
1260	required to provide quality care from a licensed source for the
1261	children.
1262	(8)  Health insurance costs resulting from coverage ordered
1263	pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
1264	and prescription medication expenses of the child, shall be
1265	added to the basic obligation unless these expenses have been
1266	ordered to be separately paid on a percentage basis. After the
1267	health insurance costs are added to the basic obligation, any
1268	moneys prepaid by the noncustodial parent for health-related
1269	costs for the child or children of this action shall be deducted
1270	from that noncustodial parent's child support obligation for
1271	that child or those children.
1272	(11)(a)  The court may adjust the minimum child support
1273	award, or either or both parents' share of the minimum child
1274	support award, based upon the following considerations:
1275	1.  Extraordinary medical, psychological, educational, or
1276	dental expenses.
1277	2.  Independent income of the child, not to include moneys
1278	received by a child from supplemental security income.
1279	3.  The payment of support for a parent which regularly has
1280	been paid and for which there is a demonstrated need.
1281	4.  Seasonal variations in one or both parents' incomes or
1282	expenses.
1283	5.  The age of the child, taking into account the greater
1284	needs of older children.
1285	6.  Special needs, such as costs that may be associated
1286	with the disability of a child, that have traditionally been met
1287	within the family budget even though the fulfilling of those
1288	needs will cause the support to exceed the proposed guidelines.
1289	7.  Total available assets of the obligee, obligor, and the
1290	child.
1291	8.  The impact of the Internal Revenue Service dependency
1292	exemption and waiver of that exemption. The court may order one
1293	the primary residential parent to execute a waiver of the
1294	Internal Revenue Service dependency exemption if the paying
1295	noncustodial parent is current in support payments.
1296	9.  When application of the child support guidelines
1297	requires a person to pay another person more than 55 percent of
1298	his or her gross income for a child support obligation for
1299	current support resulting from a single support order.
1300	10.  The particular parenting plan and time-sharing shared
1301	parental arrangement, such as where the child spends a
1302	significant amount of time, but less than 40 percent of the
1303	overnights, with one the noncustodial parent, thereby reducing
1304	the financial expenditures incurred by the other primary
1305	residential parent; or the refusal of a the noncustodial parent
1306	to become involved in the activities of the child.
1307	11.  Any other adjustment which is needed to achieve an
1308	equitable result which may include, but not be limited to, a
1309	reasonable and necessary existing expense or debt.  Such expense
1310	or debt may include, but is not limited to, a reasonable and
1311	necessary expense or debt which the parties jointly incurred
1312	during the marriage.
1313	(b)  Whenever a particular time-sharing shared parental
1314	arrangement provides that each child spend a substantial amount
1315	of time with each parent, the court shall adjust any award of
1316	child support, as follows:
1317	1.  In accordance with subsections (9) and (10), calculate
1318	the amount of support obligation apportioned to each the
1319	noncustodial parent without including day care and health
1320	insurance costs in the calculation and multiply the amount by
1321	1.5.
1322	2.  In accordance with subsections (9) and (10), calculate
1323	the amount of support obligation apportioned to the custodial
1324	parent without including day care and health insurance costs in
1325	the calculation and multiply the amount by 1.5.
1326	2.3.  Calculate the percentage of overnight stays the child
1327	spends with each parent.
1328	3.4.  Multiply each the noncustodial parent's support
1329	obligation as calculated in subparagraph 1. by the percentage of
1330	the custodial parent's overnight stays with the child as
1331	calculated in subparagraph 2. 3.
1332	5.  Multiply the custodial parent's support obligation as
1333	calculated in subparagraph 2. by the percentage of the
1334	noncustodial parent's overnight stays with the child as
1335	calculated in subparagraph 3.
1336	4.6.  The difference between the amounts calculated in
1337	subparagraphs 3. 4. and 4. 5. shall be the monetary transfer
1338	necessary between the custodial and noncustodial parents for the
1339	care of the child, subject to an adjustment for day care and
1340	health insurance expenses.
1341	5.7.  Pursuant to subsections (7) and (8), calculate the
1342	net amounts owed by the custodial and noncustodial parents for
1343	the expenses incurred for day care and health insurance coverage
1344	for the child. Day care shall be calculated without regard to
1345	the 25-percent reduction applied by subsection (7).
1346	6.8.  Adjust the support obligation owed by the custodial
1347	or noncustodial parent pursuant to subparagraph 4. 6. by
1348	crediting or debiting the amount calculated in subparagraph 5.
1349	7. This amount represents the child support which must be
1350	exchanged between the custodial and noncustodial parents.
1351	7.9.  The court may deviate from the child support amount
1352	calculated pursuant to subparagraph 6. 8. based upon the
1353	considerations set forth in paragraph (a), as well as either the
1354	custodial parent's low income and ability to maintain the basic
1355	necessities of the home for the child, the likelihood that
1356	either the noncustodial parent will actually exercise the time-
1357	sharing visitation granted by the court, and whether all of the
1358	children are exercising the same time-sharing shared parental
1359	arrangement.
1360	8.10.  For purposes of adjusting any award of child support
1361	under this paragraph, "substantial amount of time" means that
1362	the parents divide time with the child on at least a 60-percent
1363	to 40-percent division noncustodial parent exercises visitation
1364	at least 40 percent of the overnights of the year.
1365	(c)  A noncustodial parent's failure to regularly exercise
1366	court-ordered or agreed time-sharing visitation not caused by
1367	the other custodial parent which resulted in the adjustment of
1368	the amount of child support pursuant to subparagraph (a)10. or
1369	paragraph (b) shall be deemed a substantial change of
1370	circumstances for purposes of modifying the child support award.
1371	A modification pursuant to this paragraph is shall be
1372	retroactive to the date the noncustodial parent first failed to
1373	regularly exercise court-ordered or agreed time-sharing
1374	visitation.
1375	(17)  In an initial determination of child support, whether
1376	in a paternity action, dissolution of marriage action, or
1377	petition for support during the marriage, the court has
1378	discretion to award child support retroactive to the date when
1379	the parents did not reside together in the same household with
1380	the child, not to exceed a period of 24 months preceding the
1381	filing of the petition, regardless of whether that date precedes
1382	the filing of the petition.  In determining the retroactive
1383	award in such cases, the court shall consider the following:
1384	(a)  The court shall apply the guidelines in effect at the
1385	time of the hearing subject to the obligor's demonstration of
1386	his or her actual income, as defined by subsection (2), during
1387	the retroactive period.  Failure of the obligor to so
1388	demonstrate shall result in the court using the obligor's income
1389	at the time of the hearing in computing child support for the
1390	retroactive period.
1391	(b)  The court shall consider the time-sharing arrangement
1392	exercised by the parents during the separation period in
1393	determining the appropriate percentage of overnights exercised
1394	by each parent so as to apply the substantial time-sharing
1395	method of calculating support according to paragraph (11)(b), if
1396	appropriate.
1397	(c)(b)  All actual payments made by one the noncustodial
1398	parent to the other custodial parent or the child or third
1399	parties for the benefit of the child throughout the proposed
1400	retroactive period.
1401	(d)(c)  The court should consider an installment payment
1402	plan for the payment of retroactive child support.
1403	Section 15.  Section 61.401, Florida Statutes, is amended
1404	to read:
1405	61.401  Appointment of guardian ad litem.--In an action
1406	involving a parenting plan or a time-sharing schedule for
1407	dissolution of marriage, modification, parental responsibility,
1408	custody, or visitation, if the court finds it is in the best
1409	interest of the child, the court may appoint a guardian ad litem
1410	to act as next friend of the child, investigator or evaluator,
1411	not as attorney or advocate. The court in its discretion may
1412	also appoint legal counsel for a child to act as attorney or
1413	advocate; however, the guardian and the legal counsel shall not
1414	be the same person. In such actions which involve an allegation
1415	of child abuse, abandonment, or neglect as defined in s. 39.01,
1416	which allegation is verified and determined by the court to be
1417	well-founded, the court shall appoint a guardian ad litem for
1418	the child. The guardian ad litem shall be a party to any
1419	judicial proceeding from the date of the appointment until the
1420	date of discharge.
1421	Section 16.  Section 61.45, Florida Statutes, is amended to
1422	read:
1423	61.45  Court-ordered parenting plan Court order of
1424	visitation or custody; risk of violation; bond.--
1425	(1)  In a proceeding in which the court enters a parenting
1426	plan, including a time-sharing schedule an order of child
1427	custody or visitation, including in a modification proceeding,
1428	upon the presentation of competent substantial evidence that
1429	there is a risk that one party may violate the court's parenting
1430	plan order of visitation or custody by removing a child from
1431	this state or country or by concealing the whereabouts of a
1432	child, or upon stipulation of the parties, the court may:
1433	(a)  Order that a parent may not remove the child from this
1434	state without the notarized written permission of both parents
1435	or further court order;
1436	(b)  Order that a parent may not remove the child from this
1437	country without the notarized written permission of both parents
1438	or further court order;
1439	(c)  Order that a parent may not take the child to a
1440	country that has not ratified or acceded to the Hague
1441	Convention on the Civil Aspects of International Child Abduction
1442	unless the other parent agrees in writing that the child may be
1443	taken to the country;
1444	(d)  Require a parent to surrender the passport of the
1445	child; or
1446	(e)  Require that party to post bond or other security.
1447	(2)  If the court enters a parenting plan an order of child
1448	custody or visitation, including in a modification proceeding,
1449	that includes a provision entered under paragraph (1)(b) or
1450	paragraph (1)(c), a certified copy of the order should be sent
1451	by the parent who requested the restriction to the Passport
1452	Services Office of the United States Department of State
1453	requesting that they not issue a passport to the child without
1454	their signature or further court order.
1455	(3)  In assessing the need for a bond or other security,
1456	the court may consider any reasonable factor bearing upon the
1457	risk that a party may violate a parenting plan visitation or
1458	custody order by removing a child from this state or country or
1459	by concealing the whereabouts of a child, including but not
1460	limited to whether:
1461	(a)  A court has previously found that a party previously
1462	removed a child from Florida or another state in violation of a
1463	parenting plan custody or visitation order, or whether a court
1464	had found that a party has threatened to take a child out of
1465	Florida or another state in violation of a parenting plan
1466	custody or visitation order;
1467	(b)  The party has strong family and community ties to
1468	Florida or to other states or countries, including whether the
1469	party or child is a citizen of another country;
1470	(c)  The party has strong financial reasons to remain in
1471	Florida or to relocate to another state or country;
1472	(d)  The party has engaged in activities that suggest plans
1473	to leave Florida, such as quitting employment; sale of a
1474	residence or termination of a lease on a residence, without
1475	efforts to acquire an alternative residence in the state;
1476	closing bank accounts or otherwise liquidating assets; or
1477	applying for a passport;
1478	(e)  Either party has had a history of domestic violence as
1479	either a victim or perpetrator, child abuse or child neglect
1480	evidenced by criminal history, including but not limited to,
1481	arrest, an injunction for protection against domestic violence
1482	issued after notice and hearing under s. 741.30, medical
1483	records, affidavits, or any other relevant information; or
1484	(f)  The party has a criminal record.
1485	(4)  The court must consider the party's financial
1486	resources prior to setting the bond amount under this section.
1487	Under no circumstances may the court set a bond that is
1488	unreasonable.
1489	(5)  Any deficiency of bond or security shall not absolve
1490	the violating party of responsibility to pay the full amount of
1491	damages determined by the court.
1492	(6)(a)  Upon a material violation of any parenting plan
1493	custody or visitation order by removing a child from this state
1494	or this country or by concealing the whereabouts of a child, the
1495	court may order the bond or other security forfeited in whole or
1496	in part.
1497	(b)  This section, including the requirement to post a bond
1498	or other security, does not apply to a parent who, in a
1499	proceeding to order or modify a parenting plan or time-sharing
1500	schedule, is determined by the court to be child custody or
1501	visitation, the court determines is a victim of an act of
1502	domestic violence or provides the court with has reasonable
1503	cause to believe that he or she is about to become the victim of
1504	an act of domestic violence, as defined in s. 741.28. An
1505	injunction for protection against domestic violence issued
1506	pursuant to s. 741.30 for a parent as the petitioner which is in
1507	effect at the time of the court proceeding shall be one means of
1508	demonstrating sufficient evidence that the parent is a victim of
1509	domestic violence or is about to become the victim of an act of
1510	domestic violence, as defined in s. 741.28, and shall exempt the
1511	parent from this section, including the requirement to post a
1512	bond or other security. A parent who is determined by the court
1513	to be exempt from the requirements of this section must meet the
1514	requirements of s. 787.03(6) if an offense of interference with
1515	the parenting plan or time-sharing schedule custody is
1516	committed.
1517	(7)(a)  Upon an order of forfeiture, the proceeds of any
1518	bond or other security posted pursuant to this subsection may
1519	only be used to:
1520	1.  Reimburse the nonviolating party for actual costs or
1521	damages incurred in upholding the court's parenting plan order
1522	of custody or visitation.
1523	2.  Locate and return the child to the residence as set
1524	forth in the parenting plan visitation or custody order.
1525	3.  Reimburse reasonable fees and costs as determined by
1526	the court.
1527	(b)  Any remaining proceeds shall be held as further
1528	security if deemed necessary by the court, and if further
1529	security is not found to be necessary; applied to any child
1530	support arrears owed by the parent against whom the bond was
1531	required, and if no arrears exists; all remaining proceeds will
1532	be allocated by the court in the best interest of the child.
1533	(8)  At any time after the forfeiture of the bond or other
1534	security, the party who posted the bond or other security, or
1535	the court on its own motion may request that the party provide
1536	documentation substantiating that the proceeds received as a
1537	result of the forfeiture have been used solely in accordance
1538	with this subsection.  Any party using such proceeds for
1539	purposes not in accordance with this section may be found in
1540	contempt of court.
1541	Section 17.  Paragraphs (b) and (c) of subsection (3) of
1542	section 741.0306, Florida Statutes, are amended to read:
1543	741.0306  Creation of a family law handbook.--
1544	(3)  The information contained in the handbook or other
1545	electronic media presentation may be reviewed and updated
1546	annually, and may include, but need not be limited to:
1547	(b)  Shared parental responsibility for children and; the
1548	determination of a parenting plan including a time-sharing
1549	schedule primary residence or custody and secondary residence or
1550	routine visitation, holiday, summer, and vacation visitation
1551	arrangements, telephone access, and the process for notice for
1552	changes.
1553	(c)  Permanent relocation restrictions on parents with
1554	primary residential responsibility.
1555	Section 18.  Paragraphs (b) and (d) of subsection (3),
1556	paragraph (a) of subsection (5), and paragraph (a) of subsection
1557	(6) of section 741.30, Florida Statutes, are amended to read:
1558	741.30  Domestic violence; injunction; powers and duties of
1559	court and clerk; petition; notice and hearing; temporary
1560	injunction; issuance of injunction; statewide verification
1561	system; enforcement.--
1562	(3)
1563	(b)  The sworn petition shall be in substantially the
1564	following form:
1565	PETITION FOR
1566	INJUNCTION FOR PROTECTION
1567	AGAINST DOMESTIC VIOLENCE
1568
1569	Before me, the undersigned authority, personally appeared
1570	Petitioner   (Name)  , who has been sworn and says that the
1571	following statements are true:
1572	(a)  Petitioner resides at:   (address)
1573	(Petitioner may furnish address to the court in a separate
1574	confidential filing if, for safety reasons, the petitioner
1575	requires the location of the current residence to be
1576	confidential.)
1577	(b)  Respondent resides at:   (last known address)
1578	(c)  Respondent's last known place of employment:   (name
1579	of business and address)
1580	(d)  Physical description of respondent: _____
1581	Race_____
1582	Sex_____
1583	Date of birth_____
1584	Height_____
1585	Weight_____
1586	Eye color_____
1587	Hair color_____
1588	Distinguishing marks or scars_____
1589	(e)  Aliases of respondent: _____
1590	(f)  Respondent is the spouse or former spouse of the
1591	petitioner or is any other person related by blood or marriage
1592	to the petitioner or is any other person who is or was residing
1593	within a single dwelling unit with the petitioner, as if a
1594	family, or is a person with whom the petitioner has a child in
1595	common, regardless of whether the petitioner and respondent are
1596	or were married or residing together, as if a family.
1597	(g)  The following describes any other cause of action
1598	currently pending between the petitioner and respondent:
1599
1600	The petitioner should also describe any previous or pending
1601	attempts by the petitioner to obtain an injunction for
1602	protection against domestic violence in this or any other
1603	circuit, and the results of that attempt
1604
1605	Case numbers should be included if available.
1606	(h)  Petitioner is either a victim of domestic violence or
1607	has reasonable cause to believe he or she is in imminent danger
1608	of becoming a victim of domestic violence because respondent has
1609	_____(mark all sections that apply and describe in the spaces
1610	below the incidents of violence or threats of violence,
1611	specifying when and where they occurred, including, but not
1612	limited to, locations such as a home, school, place of
1613	employment, or visitation exchange)_____:
1614	_____committed or threatened to commit domestic violence
1615	defined in s. 741.28, Florida Statutes, as any assault,
1616	aggravated assault, battery, aggravated battery, sexual assault,
1617	sexual battery, stalking, aggravated stalking, kidnapping, false
1618	imprisonment, or any criminal offense resulting in physical
1619	injury or death of one family or household member by another.
1620	With the exception of persons who are parents of a child in
1621	common, the family or household members must be currently
1622	residing or have in the past resided together in the same single
1623	dwelling unit.
1624	_____previously threatened, harassed, stalked, or
1625	physically abused the petitioner.
1626	_____attempted to harm the petitioner or family members or
1627	individuals closely associated with the petitioner.
1628	_____threatened to conceal, kidnap, or harm the
1629	petitioner's child or children.
1630	_____intentionally injured or killed a family pet.
1631	_____used, or has threatened to use, against the petitioner
1632	any weapons such as guns or knives.
1633	_____physically restrained the petitioner from leaving the
1634	home or calling law enforcement.
1635	_____a criminal history involving violence or the threat of
1636	violence (if known).
1637	_____another order of protection issued against him or her
1638	previously or from another jurisdiction (if known).
1639	_____destroyed personal property, including, but not
1640	limited to, telephones or other communication equipment,
1641	clothing, or other items belonging to the petitioner.
1642	_____engaged in any other behavior or conduct that leads
1643	the petitioner to have reasonable cause to believe he or she is
1644	in imminent danger of becoming a victim of domestic violence.
1645	(i)  Petitioner alleges the following additional specific
1646	facts: (mark appropriate sections)
1647	_____A minor child or minor children reside with the
1648	petitioner is the custodian of a minor child or children whose
1649	names and ages are as follows:
1650	_____Petitioner needs the exclusive use and possession of
1651	the dwelling that the parties share.
1652	_____Petitioner is unable to obtain safe alternative
1653	housing because:
1654	_____Petitioner genuinely fears that respondent imminently
1655	will abuse, remove, or hide the minor child or children from
1656	petitioner because:
1657
1658	(j)  Petitioner genuinely fears imminent domestic violence
1659	by respondent.
1660	(k)  Petitioner seeks an injunction: (mark appropriate
1661	section or sections)
1662	_____Immediately restraining the respondent from committing
1663	any acts of domestic violence.
1664	_____Restraining the respondent from committing any acts of
1665	domestic violence.
1666	_____Awarding to the petitioner the temporary exclusive use
1667	and possession of the dwelling that the parties share or
1668	excluding the respondent from the residence of the petitioner.
1669	_____Providing a temporary parenting plan, including a
1670	temporary time-sharing schedule, Awarding temporary custody of,
1671	or temporary visitation rights with regard to, the minor child
1672	or children of the parties which might involve, or prohibiting
1673	or limiting time-sharing or requiring that it be visitation to
1674	that which is supervised by a third party.
1675	_____Establishing temporary support for the minor child or
1676	children or the petitioner.
1677	_____Directing the respondent to participate in a
1678	batterers' intervention program or other treatment pursuant to
1679	s. 39.901, Florida Statutes.
1680	_____Providing any terms the court deems necessary for the
1681	protection of a victim of domestic violence, or any minor
1682	children of the victim, including any injunctions or directives
1683	to law enforcement agencies.
1684	(d)  If the sworn petition seeks to determine a parenting
1685	plan and time-sharing schedule issues of custody or visitation
1686	with regard to the minor child or children of the parties, the
1687	sworn petition shall be accompanied by or shall incorporate the
1688	allegations required by s. 61.522 of the Uniform Child Custody
1689	Jurisdiction and Enforcement Act.
1690	(5)(a)  When it appears to the court that an immediate and
1691	present danger of domestic violence exists, the court may grant
1692	a temporary injunction ex parte, pending a full hearing, and may
1693	grant such relief as the court deems proper, including an
1694	injunction:
1695	1.  Restraining the respondent from committing any acts of
1696	domestic violence.
1697	2.  Awarding to the petitioner the temporary exclusive use
1698	and possession of the dwelling that the parties share or
1699	excluding the respondent from the residence of the petitioner.
1700	3.  On the same basis as provided in s. 61.13, providing
1701	the petitioner with 100 percent of the time-sharing that shall
1702	remain granting to the petitioner temporary custody of a minor
1703	child. An order of temporary custody remains in effect until the
1704	order expires or an order is entered by a court of competent
1705	jurisdiction in a pending or subsequent civil action or
1706	proceeding affecting the placement of, access to, parental time
1707	with, adoption of, or parental rights and responsibilities for
1708	the minor child.
1709	(6)(a)  Upon notice and hearing, when it appears to the
1710	court that the petitioner is either the victim of domestic
1711	violence as defined by s. 741.28 or has reasonable cause to
1712	believe he or she is in imminent danger of becoming a victim of
1713	domestic violence, the court may grant such relief as the court
1714	deems proper, including an injunction:
1715	1.  Restraining the respondent from committing any acts of
1716	domestic violence.
1717	2.  Awarding to the petitioner the exclusive use and
1718	possession of the dwelling that the parties share or excluding
1719	the respondent from the residence of the petitioner.
1720	3.  On the same basis as provided in chapter 61, providing
1721	the petitioner with 100 percent of the time-sharing in a
1722	temporary parenting plan that shall remain awarding temporary
1723	custody of, or temporary visitation rights with regard to, a
1724	minor child or children of the parties. An order of temporary
1725	custody or visitation remains in effect until the order expires
1726	or an order is entered by a court of competent jurisdiction in a
1727	pending or subsequent civil action or proceeding affecting the
1728	placement of, access to, parental time with, adoption of, or
1729	parental rights and responsibilities for the minor child.
1730	4.  On the same basis as provided in chapter 61,
1731	establishing temporary support for a minor child or children or
1732	the petitioner. An order of temporary support remains in effect
1733	until the order expires or an order is entered by a court of
1734	competent jurisdiction in a pending or subsequent civil action
1735	or proceeding affecting child support.
1736	5.  Ordering the respondent to participate in treatment,
1737	intervention, or counseling services to be paid for by the
1738	respondent. When the court orders the respondent to participate
1739	in a batterers' intervention program, the court, or any entity
1740	designated by the court, must provide the respondent with a list
1741	of all certified batterers' intervention programs and all
1742	programs which have submitted an application to the Department
1743	of Children and Family Services to become certified under s.
1744	741.32, from which the respondent must choose a program in which
1745	to participate. If there are no certified batterers'
1746	intervention programs in the circuit, the court shall provide a
1747	list of acceptable programs from which the respondent must
1748	choose a program in which to participate.
1749	6.  Referring a petitioner to a certified domestic violence
1750	center. The court must provide the petitioner with a list of
1751	certified domestic violence centers in the circuit which the
1752	petitioner may contact.
1753	7.  Ordering such other relief as the court deems necessary
1754	for the protection of a victim of domestic violence, including
1755	injunctions or directives to law enforcement agencies, as
1756	provided in this section.
1757	Section 19.  Subsections (1) and (2) of section 742.031,
1758	Florida Statutes, are amended to read:
1759	742.031  Hearings; court orders for support, hospital
1760	expenses, and attorney's fee.--
1761	(1)  Hearings for the purpose of establishing or refuting
1762	the allegations of the complaint and answer shall be held in the
1763	chambers and may be restricted to persons, in addition to the
1764	parties involved and their counsel, as the judge in his or her
1765	discretion may direct.  The court shall determine the issues of
1766	paternity of the child and the ability of the parents to support
1767	the child.  Each party's social security number shall be
1768	recorded in the file containing the adjudication of paternity.
1769	If the court finds that the alleged father is the father of the
1770	child, it shall so order.  If appropriate, the court shall order
1771	the father to pay the complainant, her guardian, or any other
1772	person assuming responsibility for the child moneys sufficient
1773	to pay reasonable attorney's fees, hospital or medical expenses,
1774	cost of confinement, and any other expenses incident to the
1775	birth of the child and to pay all costs of the proceeding.
1776	Bills for pregnancy, childbirth, and scientific testing are
1777	admissible as evidence without requiring third-party foundation
1778	testimony, and shall constitute prima facie evidence of amounts
1779	incurred for such services or for testing on behalf of the
1780	child.  The court shall order either or both parents owing a
1781	duty of support to the child to pay support pursuant to s.
1782	61.30.  The court shall issue, upon motion by a party, a
1783	temporary order requiring the provision of child support
1784	pursuant to s. 61.30 pending an administrative or judicial
1785	determination of parentage, if there is clear and convincing
1786	evidence of paternity on the basis of genetic tests or other
1787	evidence. The court may also make a determination of an
1788	appropriate parenting plan, including a time-sharing schedule as
1789	to the parental responsibility and residential care and custody
1790	of the minor children in accordance with chapter 61.
1791	(2)  If a judgment of paternity contains only a child
1792	support award with no parenting plan or time-sharing schedule,
1793	the obligee parent shall receive all of the time-sharing and
1794	sole parental responsibility no explicit award of custody, the
1795	establishment of a support obligation or of visitation rights in
1796	one parent shall be considered a judgment granting primary
1797	residential care and custody to the other parent without
1798	prejudice to the obligor parent. If a paternity judgment
1799	contains no such provisions, custody shall be presumed to be
1800	with the mother shall be presumed to have all of the time-
1801	sharing and sole parental responsibility.
1802	Section 20.  For the purpose of incorporating the
1803	amendments made by this act to section 741.30, Florida Statutes,
1804	in a reference thereto, paragraph (a) of subsection (3) of
1805	section 61.1825, Florida Statutes, is reenacted to read:
1806	61.1825  State Case Registry.--
1807	(3)(a)  For the purpose of this section, a family violence
1808	indicator must be placed on a record when:
1809	1.  A party executes a sworn statement requesting that a
1810	family violence indicator be placed on that party's record which
1811	states that the party has reason to believe that release of
1812	information to the Federal Case Registry may result in physical
1813	or emotional harm to the party or the child; or
1814	2.  A temporary or final injunction for protection against
1815	domestic violence has been granted pursuant to s. 741.30(6), an
1816	injunction for protection against domestic violence has been
1817	issued by a court of a foreign state pursuant to s. 741.315, or
1818	a temporary or final injunction for protection against repeat
1819	violence has been granted pursuant to s. 784.046; or
1820	3.  The department has received information on a Title IV-D
1821	case from the Domestic Violence and Repeat Violence Injunction
1822	Statewide Verification System, established pursuant to s.
1823	784.046(8)(b), that a court has granted a party a domestic
1824	violence or repeat violence injunction.
1825	Section 21.  Section 61.121, Florida Statutes, is repealed.
1826
1827	======= T I T L E  A M E N D M E N T =======
1828	Remove line 11 and insert:
1829	child's waiver of the privilege; retitling ch. 61, F.S.;
1830	amending s. 61.046, F.S.; deleting the definitions of "custodial
1831	parent" and "noncustodial parent" and defining the terms
1832	"parenting plan," "parenting plan recommendation," and "time-
1833	sharing schedule"; amending s. 61.052, F.S.; authorizing the
1834	court to issue an appropriate order for a parenting plan;
1835	amending s. 61.09, F.S.; authorizing the parent who is not
1836	receiving child support to apply to the court for support of the
1837	child; amending s. 61.10, F.S.; providing for the court to
1838	adjudicate parenting plans and the time-sharing schedules when
1839	unconnected with the dissolution of a marriage; amending s.
1840	61.122, F.S.; providing for developing a parenting plan
1841	recommendation; amending s. 61.13, F.S.; authorizing the court
1842	to make orders relating to time-sharing and parenting of
1843	children; requiring equal treatment for mothers and fathers in
1844	parenting decisions; providing for the creation or modification
1845	of a parenting plan or time-sharing schedule; establishing
1846	criteria for determining the best interests of a child;
1847	providing that a parent may not refuse to obey time-sharing
1848	orders even if the other parent has not paid alimony or child
1849	support; authorizing a court to order additional time-sharing if
1850	the custodial parent refuses to abide by the time-sharing
1851	agreement or order; amending s. 61.13001, F.S.; providing for
1852	relocation of a child; providing for a relocation agreement
1853	between the parents; providing procedures for relocation when an
1854	agreement cannot be reached; requiring a court to consider the
1855	impact of a relocation on a child with certain health
1856	conditions; amending s. 61.181, F.S.; providing for distributing
1857	child support funds; amending s. 61.1827, F.S., relating to
1858	child support services; conforming provisions to changes made by
1859	the act; amending s. 61.20, F.S.; providing for the court to
1860	order a social service investigation if a parenting plan is at
1861	issue; amending s. 61.21, F.S.; providing that parties to a
1862	parenting plan or a time-sharing schedule may be required by the
1863	court to attend a parenting course; amending s. 61.30, F.S.;
1864	revising calculations for child support awards; amending s.
1865	61.401, F.S.; authorizing the court to appoint a guardian ad
1866	litem in cases involving a parenting plan or a time-sharing
1867	schedule; amending s. 61.45, F.S.; providing for court orders
1868	for parenting plans and time-sharing schedules; amending s.
1869	741.0306, F.S.; including material on parenting plans and time-
1870	sharing schedules in the family law handbook prepared by The
1871	Florida Bar; amending s. 741.30, F.S., relating to injunctions
1872	against domestic violence; conforming provisions to changes made
1873	by the act; amending s. 742.031, F.S.; providing for parenting
1874	plans and time-sharing schedules in proceedings to determine
1875	paternity; reenacting s. 61.1825(3)(a), F.S., relating to the
1876	State Case Registry, to incorporate the amendments made to s.
1877	741.30, F.S., in a reference thereto; repealing s. 61.121, F.S.,
1878	relating to court orders for rotating custody between parents if
1879	it is in the best interests of the child; providing an effective

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