Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
CHAMBER ACTION
Senate House
.
.
1 Comm: RCS .
04/10/2007 01:59 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Judiciary (Saunders) recommended the
12 following amendment:
13
14 Senate Amendment
15 On page 5, line 11, through
16 page 28, line 26, delete those lines
17
18 and insert:
19 (13) "Parenting plan" means a document created to
20 govern the relationship between the parties relating to the
21 decisions that must be made regarding the minor child and the
22 time-sharing schedule between the parents and child. The
23 issues concerning the minor child may include, but are not
24 limited to, the child's education, health care, and physical,
25 social, and emotional well-being. When created, all
26 circumstances between the parties, including the parties
27 historic relationship, domestic violence, and other factors,
28 must be taken into consideration. The document shall be
29 developed or agreed to by the parties and approved by a court
30 or, if the parents cannot agree, established by the court.
31 (a) Any parenting plan formulated under this chapter
1
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 must address all jurisdictional issues, including, but not
2 limited to, the Uniform Child Custody Jurisdiction Enforcement
3 Act, the International Custody and Abduction Remedies Act, 42
4 U.S.C. s. 11601 et seq., the Parental Kidnapping Prevention
5 Act, and the Convention on the Civil Aspects of International
6 Child Abduction enacted at the Hague on October 25, 1980.
7 (b) For purposes of application of the Uniform Child
8 Custody Jurisdiction and Enforcement Act, part II of this
9 chapter, a judgment or order incorporating a parenting plan
10 under this part is a child custody determination under part
11 II.
12 (c) For purposes of the International Custody and
13 Abduction Remedies Act, 42 U.S.C. s. 11601 et seq., and the
14 Convention on the Civil Aspects of International Child
15 Abduction, enacted at the Hague on October 25, 1980, rights of
16 custody and rights of access shall be determined under the
17 parenting plan under this part.
18 (14) "Parenting plan recommendation" means a
19 nonbinding recommendation, made by a licensed mental health
20 professional or any other individual designated by a court,
21 concerning the parenting plan that will govern the
22 relationship between the parents.
23 (15)(14) "Payor" means an employer or former employer
24 or any other person or agency providing or administering
25 income to the obligor.
26 (16)(15) "Shared parental responsibility" means a
27 court-ordered relationship in which both parents retain full
28 parental rights and responsibilities with respect to their
29 minor child and in which both parents confer with each other
30 so that major decisions affecting the welfare of the child
31 will be determined jointly.
2
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 (17)(16) "Sole parental responsibility" means a
2 court-ordered relationship in which one parent makes decisions
3 regarding the minor child.
4 (18)(17) "State Case Registry" means the automated
5 registry maintained by the Title IV-D agency, containing
6 records of each Title IV-D case and of each support order
7 established or modified in the state on or after October 1,
8 1998. Such records shall consist of data elements as required
9 by the United States Secretary of Health and Human Services.
10 (19)(18) "State Disbursement Unit" means the unit
11 established and operated by the Title IV-D agency to provide
12 one central address for collection and disbursement of child
13 support payments made in cases enforced by the department
14 pursuant to Title IV-D of the Social Security Act and in cases
15 not being enforced by the department in which the support
16 order was initially issued in this state on or after January
17 1, 1994, and in which the obligor's child support obligation
18 is being paid through income deduction order.
19 (20)(19) "Support order" means a judgment, decree, or
20 order, whether temporary or final, issued by a court of
21 competent jurisdiction or administrative agency for the
22 support and maintenance of a child which provides for monetary
23 support, health care, arrearages, or past support. When the
24 child support obligation is being enforced by the Department
25 of Revenue, the term "support order" also means a judgment,
26 decree, or order, whether temporary or final, issued by a
27 court of competent jurisdiction for the support and
28 maintenance of a child and the spouse or former spouse of the
29 obligor with whom the child is living which provides for
30 monetary support, health care, arrearages, or past support.
31 (21)(20) "Support," unless otherwise specified, means:
3
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 (a) Child support and, when the child support
2 obligation is being enforced by the Department of Revenue,
3 spousal support or alimony for the spouse or former spouse of
4 the obligor with whom the child is living.
5 (b) Child support only in cases not being enforced by
6 the Department of Revenue.
7 (22) "Time-sharing schedule" means a timetable that
8 has been developed by the parents of a minor child,
9 incorporated into a parenting plan, and approved by a court
10 which specifies the time that a minor child will spend with
11 each of the child's parents. If the parents cannot agree, the
12 schedule shall be established by the court.
13 Section 3. Subsection (3) of section 61.052, Florida
14 Statutes, is amended to read:
15 61.052 Dissolution of marriage.--
16 (3) During any period of continuance, the court may
17 make appropriate orders for the support and alimony of the
18 parties; the parenting plan primary residence, custody,
19 rotating custody, visitation, support, maintenance, and
20 education of the minor child of the marriage; attorney's fees;
21 and the preservation of the property of the parties.
22 Section 4. Section 61.09, Florida Statutes, is amended
23 to read:
24 61.09 Alimony and child support unconnected with
25 dissolution.--If a person having the ability to contribute to
26 the maintenance of his or her spouse and support of his or her
27 minor child fails to do so, the spouse who is not receiving
28 support or who has custody of the child or with whom the child
29 has primary residence may apply to the court for alimony and
30 for support for the child without seeking dissolution of
31 marriage, and the court shall enter an order as it deems just
4
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 and proper.
2 Section 5. Section 61.10, Florida Statutes, is amended
3 to read:
4 61.10 Adjudication of obligation to support spouse or
5 minor child unconnected with dissolution; parenting plan and
6 time-sharing schedule child custody, child's primary
7 residence, and visitation.--Except when relief is afforded by
8 some other pending civil action or proceeding, a spouse
9 residing in this state apart from his or her spouse and minor
10 child, whether or not such separation is through his or her
11 fault, may obtain an adjudication of obligation to maintain
12 the spouse and minor child, if any. The court shall
13 adjudicate his or her financial obligations to the spouse and
14 child and, shall establish the parenting plan and time-sharing
15 schedule for child's primary residence, and shall determine
16 the custody and visitation rights of the parties. Such an
17 action does not preclude either party from maintaining any
18 other proceeding under this chapter for other or additional
19 relief at any time.
20 Section 6. Section 61.122, Florida Statutes, is
21 amended to read:
22 61.122 Parenting plan recommendation Child custody
23 evaluations; presumption of psychologist's good faith;
24 prerequisite to parent's filing suit; award of fees, costs,
25 reimbursement.--
26 (1) A psychologist who has been appointed by the court
27 to develop a parenting plan recommendation conduct a child
28 custody evaluation in a dissolution of marriage, case of
29 domestic violence, or paternity matter involving parent-child
30 relationships, including time-sharing of children, judicial
31 proceeding is presumed to be acting in good faith if the
5
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 psychologist's recommendation evaluation has been reached
2 conducted pursuant to standards that a reasonable psychologist
3 would use to develop a parenting plan recommendation have used
4 as recommended by the American Psychological Association's
5 guidelines for child custody evaluation in divorce
6 proceedings.
7 (2) An administrative complaint against a
8 court-appointed psychologist which relates to a parenting plan
9 recommendation developed child custody evaluation conducted by
10 the psychologist may not be filed anonymously. The individual
11 who files such an administrative complaint must include in the
12 complaint his or her name, address, and telephone number.
13 (3) A parent who desires wishes to file a legal action
14 against a court-appointed psychologist who has acted in good
15 faith in developing conducting a parenting plan recommendation
16 child custody evaluation must petition the judge who presided
17 over the dissolution of marriage, case of domestic violence,
18 or paternity action involving parent-child relationships,
19 including time-sharing of children, child custody proceeding
20 to appoint another psychologist. Upon the parent's showing of
21 good cause, the court shall appoint another psychologist. The
22 court shall determine make a determination as to who is
23 responsible for all court costs and attorney's fees associated
24 with making such an appointment.
25 (4) If a legal action, whether it be a civil action, a
26 criminal action, or an administrative proceeding, is filed
27 against a court-appointed psychologist in a dissolution of
28 marriage, case of domestic violence, or paternity action
29 involving parent-child relationships, including time-sharing
30 of children child custody proceeding, the claimant is
31 responsible for all reasonable costs and reasonable attorney's
6
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 fees associated with the action for both parties if the
2 psychologist is held not liable. If the psychologist is held
3 liable in civil court, the psychologist must pay all
4 reasonable costs and reasonable attorney's fees for the
5 claimant.
6 Section 7. Section 61.13, Florida Statutes, is amended
7 to read:
8 61.13 Custody and Support, parenting, and time-sharing
9 of children; visitation rights; power of court in making
10 orders.--
11 (1)(a) In a proceeding under this chapter, the court
12 may at any time order either or both parents who owe a duty of
13 support to a child to pay support in accordance with the
14 guidelines in s. 61.30. The court initially entering an order
15 requiring one or both parents to make child support payments
16 shall have continuing jurisdiction after the entry of the
17 initial order to modify the amount and terms and conditions of
18 the child support payments when the modification is found
19 necessary by the court in the best interests of the child,
20 when the child reaches majority, or when there is a
21 substantial change in the circumstances of the parties. The
22 court initially entering a child support order shall also have
23 continuing jurisdiction to require the obligee to report to
24 the court on terms prescribed by the court regarding the
25 disposition of the child support payments.
26 (b) Each order for support shall contain a provision
27 for health care coverage for the minor child when the coverage
28 is reasonably available. Coverage is reasonably available if
29 either the obligor or obligee has access at a reasonable rate
30 to a group health plan. The court may require the obligor
31 either to provide health care coverage or to reimburse the
7
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 obligee for the cost of health care coverage for the minor
2 child when coverage is provided by the obligee. In either
3 event, the court shall apportion the cost of coverage, and any
4 noncovered medical, dental, and prescription medication
5 expenses of the child, to both parties by adding the cost to
6 the basic obligation determined pursuant to s. 61.30(6). The
7 court may order that payment of uncovered medical, dental, and
8 prescription medication expenses of the minor child be made
9 directly to the obligee on a percentage basis.
10 1. In a non-Title IV-D case, a copy of the court order
11 for health care coverage shall be served on the obligor's
12 union or employer by the obligee when the following conditions
13 are met:
14 a. The obligor fails to provide written proof to the
15 obligee within 30 days after receiving effective notice of the
16 court order that the health care coverage has been obtained or
17 that application for coverage has been made;
18 b. The obligee serves written notice of intent to
19 enforce an order for health care coverage on the obligor by
20 mail at the obligor's last known address; and
21 c. The obligor fails within 15 days after the mailing
22 of the notice to provide written proof to the obligee that the
23 health care coverage existed as of the date of mailing.
24 2.a. A support order enforced under Title IV-D of the
25 Social Security Act which requires that the obligor provide
26 health care coverage is enforceable by the department through
27 the use of the national medical support notice, and an
28 amendment to the support order is not required. The department
29 shall transfer the national medical support notice to the
30 obligor's union or employer. The department shall notify the
31 obligor in writing that the notice has been sent to the
8
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 obligor's union or employer, and the written notification must
2 include the obligor's rights and duties under the national
3 medical support notice. The obligor may contest the
4 withholding required by the national medical support notice
5 based on a mistake of fact. To contest the withholding, the
6 obligor must file a written notice of contest with the
7 department within 15 business days after the date the obligor
8 receives written notification of the national medical support
9 notice from the department. Filing with the department is
10 complete when the notice is received by the person designated
11 by the department in the written notification. The notice of
12 contest must be in the form prescribed by the department. Upon
13 the timely filing of a notice of contest, the department
14 shall, within 5 business days, schedule an informal conference
15 with the obligor to discuss the obligor's factual dispute. If
16 the informal conference resolves the dispute to the obligor's
17 satisfaction or if the obligor fails to attend the informal
18 conference, the notice of contest is deemed withdrawn. If the
19 informal conference does not resolve the dispute, the obligor
20 may request an administrative hearing under chapter 120 within
21 5 business days after the termination of the informal
22 conference, in a form and manner prescribed by the department.
23 However, the filing of a notice of contest by the obligor does
24 not delay the withholding of premium payments by the union,
25 employer, or health plan administrator. The union, employer,
26 or health plan administrator must implement the withholding as
27 directed by the national medical support notice unless
28 notified by the department that the national medical support
29 notice is terminated.
30 b. In a Title IV-D case, the department shall notify
31 an obligor's union or employer if the obligation to provide
9
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 health care coverage through that union or employer is
2 terminated.
3 3. In a non-Title IV-D case, upon receipt of the order
4 pursuant to subparagraph 1., or upon application of the
5 obligor pursuant to the order, the union or employer shall
6 enroll the minor child as a beneficiary in the group health
7 plan regardless of any restrictions on the enrollment period
8 and withhold any required premium from the obligor's income.
9 If more than one plan is offered by the union or employer, the
10 child shall be enrolled in the group health plan in which the
11 obligor is enrolled.
12 4.a. Upon receipt of the national medical support
13 notice under subparagraph 2. in a Title IV-D case, the union
14 or employer shall transfer the notice to the appropriate group
15 health plan administrator within 20 business days after the
16 date on the notice. The plan administrator must enroll the
17 child as a beneficiary in the group health plan regardless of
18 any restrictions on the enrollment period, and the union or
19 employer must withhold any required premium from the obligor's
20 income upon notification by the plan administrator that the
21 child is enrolled. The child shall be enrolled in the group
22 health plan in which the obligor is enrolled. If the group
23 health plan in which the obligor is enrolled is not available
24 where the child resides or if the obligor is not enrolled in
25 group coverage, the child shall be enrolled in the lowest cost
26 group health plan that is available where the child resides.
27 b. If health care coverage or the obligor's employment
28 is terminated in a Title IV-D case, the union or employer that
29 is withholding premiums for health care coverage under a
30 national medical support notice must notify the department
31 within 20 days after the termination and provide the obligor's
10
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 last known address and the name and address of the obligor's
2 new employer, if known.
3 5.a. The amount withheld by a union or employer in
4 compliance with a support order may not exceed the amount
5 allowed under s. 303(b) of the Consumer Credit Protection Act,
6 15 U.S.C. s. 1673(b), as amended. The union or employer shall
7 withhold the maximum allowed by the Consumer Credit Protection
8 Act in the following order:
9 (I) Current support, as ordered.
10 (II) Premium payments for health care coverage, as
11 ordered.
12 (III) Past due support, as ordered.
13 (IV) Other medical support or coverage, as ordered.
14 b. If the combined amount to be withheld for current
15 support plus the premium payment for health care coverage
16 exceed the amount allowed under the Consumer Credit Protection
17 Act, and the health care coverage cannot be obtained unless
18 the full amount of the premium is paid, the union or employer
19 may not withhold the premium payment. However, the union or
20 employer shall withhold the maximum allowed in the following
21 order:
22 (I) Current support, as ordered.
23 (II) Past due support, as ordered.
24 (III) Other medical support or coverage, as ordered.
25 6. An employer, union, or plan administrator who does
26 not comply with the requirements in sub-subparagraph 4.a. is
27 subject to a civil penalty not to exceed $250 for the first
28 violation and $500 for subsequent violations, plus attorney's
29 fees and costs. The department may file a petition in circuit
30 court to enforce the requirements of this subsection.
31 7. The department may adopt rules to administer the
11
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 child support enforcement provisions of this section that
2 affect Title IV-D cases.
3 (c) To the extent necessary to protect an award of
4 child support, the court may order the obligor to purchase or
5 maintain a life insurance policy or a bond, or to otherwise
6 secure the child support award with any other assets which may
7 be suitable for that purpose.
8 (d)1. Unless the provisions of subparagraph 3. apply,
9 all child support orders entered on or after January 1, 1985,
10 shall direct that the payments of child support be made as
11 provided in s. 61.181 through the depository in the county
12 where the court is located. All child support orders shall
13 provide the full name and date of birth of each minor child
14 who is the subject of the child support order.
15 2. Unless the provisions of subparagraph 3. apply, all
16 child support orders entered before January 1, 1985, shall be
17 modified by the court to direct that payments of child support
18 shall be made through the depository in the county where the
19 court is located upon the subsequent appearance of either or
20 both parents to modify or enforce the order, or in any related
21 proceeding.
22 3. If both parties request and the court finds that it
23 is in the best interest of the child, support payments need
24 not be directed through the depository. The order of support
25 shall provide, or shall be deemed to provide, that either
26 party may subsequently apply to the depository to require
27 direction of the payments through the depository. The court
28 shall provide a copy of the order to the depository.
29 4. If the parties elect not to require that support
30 payments be made through the depository, any party may
31 subsequently file an affidavit with the depository alleging a
12
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 default in payment of child support and stating that the party
2 wishes to require that payments be made through the
3 depository. The party shall provide copies of the affidavit to
4 the court and to each other party. Fifteen days after receipt
5 of the affidavit, the depository shall notify both parties
6 that future payments shall be paid through the depository.
7 5. In IV-D cases, the IV-D agency shall have the same
8 rights as the obligee in requesting that payments be made
9 through the depository.
10 (2)(a) The court shall have jurisdiction to approve,
11 create, or modify a parenting plan determine custody,
12 notwithstanding that the child is not physically present in
13 this state at the time of filing any proceeding under this
14 chapter, if it appears to the court that the child was removed
15 from this state for the primary purpose of removing the child
16 from the jurisdiction of the court in an attempt to avoid the
17 court's approval, creation, or modification of a parenting
18 plan a determination or modification of custody.
19 (b) Any parenting plan approved by the court must, at
20 a minimum, adequately describe in detail how the parents will
21 share and be responsible for the daily tasks associated with
22 the upbringing of a child, the time-sharing schedule
23 arrangements that specify the time that the minor child will
24 spend with each of his or her parents, a designation of who
25 will be responsible for any and all forms of health care,
26 other activities, and school-related matters and the methods
27 and technologies that the parents will use to communicate with
28 each other and with the child. Any parenting plan formulated
29 under this part must address all jurisdictional issues,
30 including, but not limited to, the Uniform Child Custody
31 Jurisdiction Enforcement Act, the International Custody and
13
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 Abduction Remedies Act, 42 U.S.C. s. 11601 et seq., the
2 Parental Kidnapping Prevention Act, and the Convention on the
3 Civil Aspects of International Child Abduction enacted at the
4 Hague on October 25, 1980.
5 (c)(b)1. The court shall determine all matters
6 relating to parenting and time-sharing custody of each minor
7 child of the parties in accordance with the best interests of
8 the child and in accordance with the Uniform Child Custody
9 Jurisdiction and Enforcement Act. It is the public policy of
10 this state to assure that each minor child has frequent and
11 continuing contact with both parents after the parents
12 separate or the marriage of the parties is dissolved and to
13 encourage parents to share the rights and responsibilities,
14 and joys, of childrearing. There is no presumption for or
15 against After considering all relevant facts, the father or
16 mother of the child when creating or modifying the parenting
17 plan schedule for shall be given the same consideration as the
18 mother in determining the primary residence of a child
19 irrespective of the age or sex of the child.
20 2. The court shall order that the parental
21 responsibility for a minor child be shared by both parents
22 unless the court finds that shared parental responsibility
23 would be detrimental to the child. Evidence that a parent has
24 been convicted of a felony of the third degree or higher
25 involving domestic violence, as defined in s. 741.28 and
26 chapter 775, or meets the criteria of s. 39.806(1)(d), creates
27 a rebuttable presumption of detriment to the child. If the
28 presumption is not rebutted, shared parental responsibility,
29 including time-sharing with visitation, residence of the
30 child, and decisions made regarding the child, may not be
31 granted to the convicted parent. However, the convicted parent
14
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 is not relieved of any obligation to provide financial
2 support. If the court determines that shared parental
3 responsibility would be detrimental to the child, it may order
4 sole parental responsibility and make such arrangements for
5 time-sharing as specified in the parenting plan visitation as
6 will best protect the child or abused spouse from further
7 harm. Whether or not there is a conviction of any offense of
8 domestic violence or child abuse or the existence of an
9 injunction for protection against domestic violence, the court
10 shall consider evidence of domestic violence or child abuse as
11 evidence of detriment to the child.
12 a. In ordering shared parental responsibility, the
13 court may consider the expressed desires of the parents and
14 may grant to one party the ultimate responsibility over
15 specific aspects of the child's welfare or may divide those
16 responsibilities between the parties based on the best
17 interests of the child. Areas of responsibility may include
18 primary residence, education, healthcare medical and dental
19 care, and any other responsibilities that the court finds
20 unique to a particular family.
21 b. The court shall order "sole parental responsibility
22 for a minor child to one parent, with or without time-sharing
23 with visitation rights, to the other parent," when it is in
24 the best interests of" the minor child.
25 3. Access to records and information pertaining to a
26 minor child, including, but not limited to, medical, dental,
27 and school records, may not be denied to either a parent
28 because the parent is not the child's primary residential
29 parent. Full rights under this subparagraph apply to either
30 parent unless a court order specifically revokes these rights,
31 including any restrictions on these rights as provided in a
15
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 domestic violence injunction. A parent having rights under
2 this subparagraph has the same rights upon request as to form,
3 substance, and manner of access as are available to the other
4 parent of a child, including, without limitation, the right to
5 in-person communication with medical, dental, and education
6 providers.
7 (d)(c) The circuit court in the county in which either
8 parent and the child reside or the circuit court in which the
9 original order approving or creating the parenting plan award
10 of custody was entered has have jurisdiction to modify the
11 parenting plan an award of child custody. The court may change
12 the venue in accordance with s. 47.122.
13 (3) For purposes of establishing, modifying parental
14 responsibility and creating, developing, approving, or
15 modifying a parenting plan, including a time-sharing schedule,
16 which governs each parent's relationship with his or her minor
17 child and the relationship between each parent with regard to
18 his or her minor child, the best interests of the child shall
19 be the primary consideration. There shall be no presumptions
20 for or against either parent when establishing, creating,
21 developing, approving, or modifying the parenting plan,
22 including the time-sharing schedule, as well as determining
23 decisionmaking, regardless of the age or sex of the child,
24 giving due consideration to the developmental needs of the
25 child. The parenting plan, must be in the best interests of
26 the minor child, and evidence that a parent has been convicted
27 of a felony of the third degree or higher involving domestic
28 violence, as defined in s. 741.28 or chapter 775, or meeting
29 the criteria of s. 39.806(1)(d), creates a rebuttable
30 presumption of detriment to the child. If the presumption is
31 not rebutted, the time-sharing with the child and decisions
16
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 made regarding the child may not be granted to the convicted
2 parent. Otherwise, determination of the best interests of the
3 child shall be made by evaluating all of the factors affecting
4 the welfare and interests of the child, including, but not
5 limited to:
6 (a) The demonstrated capacity and disposition of each
7 parent to facilitate and encourage a close and continuing
8 parent-child relationship between the child and the other
9 parent, to honor the time-sharing schedule, and to be
10 reasonable when changes are required.
11 (b) The anticipated division of parental
12 responsibilities after the litigation, including the extent to
13 which parental responsibilities will be delegated to third
14 parties.
15 (c) The demonstrated capacity and disposition of each
16 parent to determine, consider, and act upon the needs of the
17 child as opposed to the needs or desires of the parent. shared
18 parental responsibility and primary residence, the best
19 interests of the child shall include an evaluation of all
20 factors affecting the welfare and interests of the child,
21 including, but not limited to:
22 (a) The parent who is more likely to allow the child
23 frequent and continuing contact with the nonresidential
24 parent.
25 (b) The love, affection, and other emotional ties
26 existing between the parents and the child.
27 (c) The capacity and disposition of the parents to
28 provide the child with food, clothing, medical care or other
29 remedial care recognized and permitted under the laws of this
30 state in lieu of medical care, and other material needs.
31 (d) The length of time the child has lived in a
17
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 stable, satisfactory environment and the desirability of
2 maintaining continuity.
3 (e) The geographic viability of the parenting plan,
4 with special attention paid to the needs of school-age
5 children and the amount of time to be spent traveling to
6 effectuate the parenting plan. This factor does not create a
7 presumption for or against relocation of either parent with a
8 child. The permanence, as a family unit, of the existing or
9 proposed custodial home.
10 (f) The moral fitness of the parents.
11 (g) The mental and physical health of the parents.
12 (h) The demonstrated capacity and disposition of each
13 parent to be informed of the circumstances surrounding the
14 minor child, such as the child's friends, teachers, medical
15 care providers, favorite activities, favorite foods, and
16 clothes sizes.
17 (i) The demonstrated capacity and disposition of each
18 parent to provide a consistent routine for the child, such as
19 forms of discipline and setting times for homework, meals, and
20 bedtime.
21 (j) The demonstrated capacity and disposition of each
22 parent to communicate with the other parent and to keep the
23 other parent informed of issues and activities regarding the
24 minor child, and the willingness of each parent to adopt a
25 unified front on all major issues when dealing with the child.
26 (k) Evidence of domestic violence, sexual violence,
27 child abuse, child abandonment, or child neglect, regardless
28 of whether a prior or pending action regarding those issues
29 has been brought.
30 (l) Evidence that a parent has been convicted of a
31 felony of the third degree or higher involving domestic
18
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 violence, as defined in s. 741.28 and chapter 775, or meets
2 the criteria of s. 39.806(1)(d), creates a rebuttable
3 presumption of detriment to the child. If the presumption is
4 not rebutted, time-sharing with the child and decisionmaking
5 regarding the child may not be granted to the convicted
6 parent.
7 (m) The particular parenting tasks customarily
8 performed by each parent and the division of parental
9 responsibilities before the institution of litigation and
10 during the pending litigation, including the extent to which
11 parental responsibilities were undertaken by third parties.
12 (n) The demonstrated capacity and disposition of each
13 parent to participate and be involved in the child's school
14 and extracurricular activities.
15 (o) The demonstrated capacity and disposition of each
16 parent to maintain an environment for the child which is free
17 from substance abuse.
18 (p) The capacity and disposition of each parent to
19 protect the child from the ongoing litigation as demonstrated
20 by not discussing the case with the child, not sharing
21 documents or electronic media related to the case with the
22 child, and not making disparaging comments about the other
23 parent to the child.
24 (q) The developmental stages and needs of the child
25 and the demonstrated capacity and disposition of each parent
26 to meet the child's developmental needs.
27 (r) Any other factor that is relevant to the
28 determination of a specific parenting plan, including the
29 time-sharing schedule. The home, school, and community record
30 of the child.
31 (i) The reasonable preference of the child, if the
19
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 court deems the child to be of sufficient intelligence,
2 understanding, and experience to express a preference.
3 (j) The willingness and ability of each parent to
4 facilitate and encourage a close and continuing parent-child
5 relationship between the child and the other parent.
6 (k) Evidence that any party has knowingly provided
7 false information to the court regarding a domestic violence
8 proceeding pursuant to s. 741.30.
9 (l) Evidence of domestic violence or child abuse.
10 (m) Any other fact considered by the court to be
11 relevant.
12 (4)(a) When a noncustodial parent who is ordered to
13 pay child support or alimony and who is awarded visitation
14 rights fails to pay child support or alimony, the custodial
15 parent who should have received the child support or alimony
16 may shall not refuse to honor the time-sharing schedule
17 presently in effect between the parents noncustodial parent's
18 visitation rights.
19 (b) When a custodial parent refuses to honor the other
20 a noncustodial parent's visitation rights under the
21 time-sharing schedule, the noncustodial parent whose
22 time-sharing rights were violated shall continue not fail to
23 pay any ordered child support or alimony.
24 (c) When a custodial parent refuses to honor the
25 time-sharing schedule in the parenting plan a noncustodial
26 parent's or grandparent's visitation rights without proper
27 cause, the court:
28 1. Shall, after calculating the amount of time-sharing
29 visitation improperly denied, award the noncustodial parent
30 denied time-sharing or grandparent a sufficient amount of
31 extra time-sharing visitation to compensate for the
20
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 time-sharing missed, and such time-sharing the noncustodial
2 parent or grandparent, which visitation shall be ordered as
3 expeditiously as possible in a manner consistent with the best
4 interests of the child and scheduled in a manner that is
5 convenient for the parent person deprived of time-sharing
6 visitation. In ordering any makeup time-sharing visitation,
7 the court shall schedule such time-sharing visitation in a
8 manner that is consistent with the best interests of the child
9 or children and that is convenient for the nonoffending
10 noncustodial parent and at the expense of the noncompliant
11 parent or grandparent. In addition, the court:
12 2.1. May order the custodial parent who did not
13 provide time-sharing or did not properly exercise time-sharing
14 under the time-sharing schedule to pay reasonable court costs
15 and attorney's fees incurred by the nonoffending noncustodial
16 parent or grandparent to enforce the time-sharing schedule
17 their visitation rights or make up improperly denied
18 visitation;
19 3.2. May order the custodial parent who did not
20 provide time-sharing or did not properly exercise time-sharing
21 under the time-sharing schedule to attend a the parenting
22 course approved by the judicial circuit;
23 4.3. May order the custodial parent who did not
24 provide time-sharing or did not properly exercise time-sharing
25 under the time-sharing schedule to do community service if the
26 order will not interfere with the welfare of the child;
27 5.4. May order the custodial parent who did not
28 provide time-sharing or did not properly exercise time-sharing
29 under the time-sharing schedule to have the financial burden
30 of promoting frequent and continuing contact when the
31 custodial parent and child reside further than 60 miles from
21
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 the noncustodial parent;
2 6.5. May award custody, rotating custody, or primary
3 residence to the noncustodial parent, upon the request of the
4 noncustodial parent who did not violate the time-sharing
5 schedule, modify the parenting plan, if modification the award
6 is in the best interests of the child; or
7 7. May order the parent who did not provide
8 time-sharing or did not properly exercise time-sharing under
9 the time-sharing schedule to be responsible for incidental
10 costs incurred by the compliant parent as a result of the
11 other parent's noncompliance; or
12 8.6. May impose any other reasonable sanction as a
13 result of noncompliance.
14 (d) A person who violates this subsection may be
15 punished by contempt of court or other remedies as the court
16 deems appropriate.
17 (5) The court may make specific orders regarding the
18 parenting plan and the time-sharing schedule for the care and
19 custody of the minor child as such orders relate to from the
20 circumstances of the parties and the nature of the case and
21 are is equitable and provide for child support in accordance
22 with the guidelines in s. 61.30. An order for equal
23 time-sharing for award of shared parental responsibility of a
24 minor child does not preclude the court from entering an order
25 for child support of the child.
26 (6) In any proceeding under this section, the court
27 may not deny shared parental responsibility and time-sharing,
28 custody, or visitation rights to a parent or grandparent
29 solely because that parent or grandparent is or is believed to
30 be infected with human immunodeficiency virus,; but the court
31 may condition such rights in an order approving the parenting
22
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 plan upon the parent's or grandparent's agreement to observe
2 measures approved by the Centers for Disease Control and
3 Prevention of the United States Public Health Service or by
4 the Department of Health for preventing the spread of human
5 immunodeficiency virus to the child.
6 (7) If the court orders that parental responsibility,
7 including visitation, be shared by both parents, the court may
8 not deny the noncustodial parent overnight contact and access
9 to or visitation with the child solely because of the age or
10 sex of the child.
11 (7)(8)(a) Beginning July 1, 1997, each party to any
12 paternity or support proceeding is required to file with the
13 tribunal as defined in s. 88.1011(22) and State Case Registry
14 upon entry of an order, and to update as appropriate,
15 information on location and identity of the party, including
16 social security number, residential and mailing addresses,
17 telephone number, driver's license number, and name, address,
18 and telephone number of employer. Beginning October 1, 1998,
19 each party to any paternity or child support proceeding in a
20 non-Title IV-D case shall meet the above requirements for
21 updating the tribunal and State Case Registry.
22 (b) Pursuant to the federal Personal Responsibility
23 and Work Opportunity Reconciliation Act of 1996, each party is
24 required to provide his or her social security number in
25 accordance with this section. Disclosure of social security
26 numbers obtained through this requirement shall be limited to
27 the purpose of administration of the Title IV-D program for
28 child support enforcement.
29 (c) Beginning July 1, 1997, in any subsequent Title
30 IV-D child support enforcement action between the parties,
31 upon sufficient showing that diligent effort has been made to
23
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 ascertain the location of such a party, the court of competent
2 jurisdiction shall deem state due process requirements for
3 notice and service of process to be met with respect to the
4 party, upon delivery of written notice to the most recent
5 residential or employer address filed with the tribunal and
6 State Case Registry pursuant to paragraph (a). Beginning
7 October 1, 1998, in any subsequent non-Title IV-D child
8 support enforcement action between the parties, the same
9 requirements for service shall apply.
10 (8)(9) At the time an order for child support is
11 entered, each party is required to provide his or her social
12 security number and date of birth to the court, as well as the
13 name, date of birth, and social security number of each minor
14 child that is the subject of such child support order.
15 Pursuant to the federal Personal Responsibility and Work
16 Opportunity Reconciliation Act of 1996, each party is required
17 to provide his or her social security number in accordance
18 with this section. All social security numbers required by
19 this section shall be provided by the parties and maintained
20 by the depository as a separate attachment in the file.
21 Disclosure of social security numbers obtained through this
22 requirement shall be limited to the purpose of administration
23 of the Title IV-D program for child support enforcement.
24 Section 8. Section 61.13001, Florida Statutes, is
25 amended to read:
26 61.13001 Parental relocation with a child.--
27 (1) DEFINITIONS.--As used in this section:
28 (a) "Change of residence address" means the relocation
29 of a child to a principal residence more than 50 miles away
30 from his or her principal place of residence at the time of
31 the entry of the last order establishing or modifying the
24
7:59 AM 04/10/07 s1896b-ju37-k0a
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1896
Barcode 190686
1 parenting plan or time-sharing arrangement for designation of
2 the primary residential parent or the custody of the minor
3 child, unless the move places the principal residence of the
4 minor child less than 50 miles from either the nonresidential
5 parent.
6 (b) "Child" means any person who is under the
7 jurisdiction of a state court pursuant to the Uniform Child
8 Custody Jurisdiction and Enforcement Act or is the subject of
9 any order granting to a parent or other person any right to
10 time-sharing, residential care, or kinship, custody, or
11 visitation as provided under state law.
12 (c) "Court" means the circuit court in an original
13 proceeding which has proper venue and jurisdiction in
14 accordance with the Uniform Child Custody Jurisdiction and
15 Enforcement Act, the circuit court in the county in which
16 either parent and the child reside, or the circuit court in
17 which the original action was adjudicated.
18 (d) "Other person" means an individual who is not the
19 parent and who, by court order, maintains the primary
20 residence of a child or has visitation rights with a child.
21 (e) "Parent" means any person so named by court order
22 or express written agreement that is subject to court
23 enforcement or a person reflected as a parent on a birth
24 certificate and in whose home a child maintains a primary or
25 secondary residence. Notwithstanding this paragraph, a
26 putative father is not included in the definition of father
27 and does not have standing to seek relief under this chapter
28 until paternity has been legally established.
29
30
31
25
7:59 AM 04/10/07 s1896b-ju37-k0a