Senate Bill sb1770er

    ENROLLED

    2007 Legislature                                CS for SB 1770



  1                                 

  2         An act relating to the use of technology to

  3         supplement visitation; amending s. 61.046,

  4         F.S.; defining the term "electronic

  5         communication"; creating s. 61.13002, F.S.;

  6         authorizing a court to order electronic

  7         communication between a parent and a child;

  8         specifying factors a court must consider before

  9         ordering electronic communication; creating a

10         rebuttable presumption in favor of telephone

11         communication; requiring each parent to furnish

12         the other parent with information necessary to

13         facilitate electronic communication; declaring

14         that electronic communication may be used only

15         to supplement, not supplant, a parent's

16         face-to-face contact with his or her child;

17         authorizing a person to seek court-ordered

18         electronic communication without proving a

19         substantial change in circumstances;

20         prohibiting the consideration of electronic

21         communication as a factor in determining child

22         support; providing applicability; providing an

23         effective date.

24  

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

26  

27         Section 1.  Subsections (6) through (20) of section

28  61.046, Florida Statutes, are renumbered as subsections (7)

29  through (21), respectively, and a new subsection (6) is added

30  to that section, to read:

31         61.046  Definitions.--As used in this chapter:


                                  1

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




    ENROLLED

    2007 Legislature                                CS for SB 1770



 1         (6)  "Electronic communication" means contact, other

 2  than face-to-face contact, facilitated by tools such as

 3  telephones, electronic mail or e-mail, web cams,

 4  video-conferencing equipment and software or other wired or

 5  wireless technologies, or other means of communication to

 6  supplement face-to-face contact between a parent and that

 7  parent's minor child.

 8         Section 2.  Section 61.13002, Florida Statutes, is

 9  created to read:

10         61.13002  Court-ordered electronic communication

11  between a parent and a child.--

12         (1)(a)  In connection with proceedings under this

13  chapter, a court may order electronic communication between a

14  parent and a child. Before ordering electronic communication,

15  a court must consider:

16         1.  Whether electronic communication is in a child's

17  best interests;

18         2.  Whether communication equipment and technology to

19  provide electronic communication is reasonably available,

20  accessible, and affordable;

21         3.  Each parent's history of substance abuse or

22  domestic violence; and

23         4.  Any other factor that the court considers material.

24         (b)  Notwithstanding paragraph (a), a rebuttable

25  presumption is created providing that it is in the best

26  interests of a child for a parent and child to have reasonable

27  telephone communication. Unless this presumption is rebutted,

28  the court shall order telephone communication.

29         (c)  The court may set safeguards or guidelines for

30  electronic communication.

31  


                                  2

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




    ENROLLED

    2007 Legislature                                CS for SB 1770



 1         (2)  If the court finds that one or both parents will

 2  incur additional costs in order to implement electronic

 3  communication with the child, the court shall allocate such

 4  expenses arising solely from the electronic communication

 5  between the parents after considering the respective parent's

 6  financial circumstances.

 7         (3)  If the court enters an order granting electronic

 8  communication, each parent shall furnish the other parent with

 9  the access information necessary to facilitate electronic

10  communication. Each parent shall notify the other parent of

11  any change in the access information within 7 days after the

12  change.

13         (4)  Electronic communication may be used only to

14  supplement a parent's face-to-face contact with his or her

15  minor child. Electronic communication may not be used to

16  replace or as a substitute for face-to-face contact.

17         (5)  A party to a child custody order that does not

18  prohibit electronic communication may move a court to order

19  electronic communication. Such a party need not prove a

20  substantial change in circumstances.

21         (6)  The court may not consider the availability of

22  electronic communication as the sole determinative factor when

23  considering relocation.

24         (7)  The extent or amount of time that electronic

25  communication with the child is ordered under s. 61.13 may not

26  be used as a factor when the court calculates child support.

27         (8)  This section does not apply to any judgment or

28  order issued before October 1, 2007.

29         Section 3.  This act shall take effect October 1, 2007.

30  

31  


                                  3

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