Senate Bill sb1896e1

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    CS for SB 1896                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to parental plans and

  3         time-sharing with children; retitling ch. 61,

  4         F.S.; amending s. 61.046, F.S.; deleting the

  5         definitions of "custodial parent" and

  6         "noncustodial parent," and defining the terms

  7         "parenting plan," "parenting plan

  8         recommendation," and "time-sharing schedule";

  9         amending s. 61.052, F.S.; authorizing the court

10         to issue an appropriate order for a parenting

11         plan; amending s. 61.09, F.S.; authorizing the

12         parent who is not receiving child support to

13         apply to the court for support of the child;

14         amending s. 61.10, F.S.; providing for the

15         court to adjudicate parenting plans and the

16         time-sharing schedules when unconnected with

17         the dissolution of a marriage; amending s.

18         61.122, F.S.; providing for developing a

19         parenting plan recommendation; amending s.

20         61.13, F.S.; authorizing the court to make

21         orders relating to time-sharing and parenting

22         of children; requiring equal treatment for

23         mothers and fathers in parenting decisions;

24         providing for the creation or modification of a

25         parenting plan or time-sharing schedule;

26         establishing criteria for determining the best

27         interests of a child; providing that a parent

28         may not refuse to obey time-sharing orders even

29         if the other parent has not paid alimony or

30         child support; authorizing a court to order

31         additional time-sharing if the custodial parent


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    CS for SB 1896                           First Engrossed (ntc)



 1         refuses to abide by the time-sharing agreement

 2         or order; amending s. 61.13001, F.S.; providing

 3         for relocation of a child; providing for a

 4         relocation agreement between the parents;

 5         providing procedures for relocation when an

 6         agreement cannot be reached; requiring a court

 7         to consider the impact of a relocation on a

 8         child with certain health conditions; amending

 9         s. 61.181, F.S.; providing for distributing

10         child support funds; amending s. 61.1827, F.S.,

11         relating to child support services; conforming

12         provisions to changes made by the act; amending

13         s. 61.20, F.S.; providing for the court to

14         order a social service investigation if a

15         parenting plan is at issue; amending s. 61.21,

16         F.S.; providing that parties to a parenting

17         plan or a time-sharing schedule may be required

18         by the court to attend a parenting course;

19         amending s. 61.30, F.S.; revising calculations

20         for child support awards; amending s. 61.401,

21         F.S.; authorizing the court to appoint a

22         guardian ad litem in cases involving a

23         parenting plan or a time-sharing schedule;

24         amending s. 61.45, F.S.; providing for court

25         orders for parenting plans and time-sharing

26         schedules; amending s. 741.0306, F.S.;

27         including material on parenting plans and

28         time-sharing schedules in the family law

29         handbook prepared by The Florida Bar; amending

30         s. 741.30, F.S., relating to injunctions

31         against domestic violence; conforming


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    CS for SB 1896                           First Engrossed (ntc)



 1         provisions to changes made by the act; amending

 2         s. 742.031, F.S.; providing for parenting plans

 3         and time-sharing schedules in proceedings to

 4         determine paternity; reenacting s.

 5         61.1825(3)(a), F.S., relating to the State Case

 6         Registry, to incorporate the amendments made to

 7         s. 741.30, F.S., in a reference thereto;

 8         repealing s. 61.121, F.S., relating to court

 9         orders for rotating custody between parents if

10         it is in the best interests of the child;

11         providing an effective date.

12  

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

14  

15         Section 1.  Chapter 61, Florida Statutes, entitled

16  "DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY" is retitled as

17  "DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING."

18         Section 2.  Section 61.046, Florida Statutes, is

19  amended to read:

20         61.046  Definitions.--As used in this chapter:

21         (1)  "Business day" means any day other than a

22  Saturday, Sunday, or legal holiday.

23         (2)  "Clerk of Court Child Support Collection System"

24  or "CLERC System" means the automated system established

25  pursuant to s. 61.181(2)(b)1., integrating all clerks of court

26  and depositories and through which payment data and State Case

27  Registry data is transmitted to the department's automated

28  child support enforcement system.

29         (3)  "Custodial parent" or "primary residential parent"

30  means the parent with whom the child maintains his or her

31  primary residence.


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    CS for SB 1896                           First Engrossed (ntc)



 1         (3)(4)  "Department" means the Department of Revenue.

 2         (4)(5)  "Depository" means the central governmental

 3  depository established pursuant to s. 61.181, created by

 4  special act of the Legislature or other entity established

 5  before June 1, 1985, to perform depository functions and to

 6  receive, record, report, disburse, monitor, and otherwise

 7  handle alimony and child support payments not otherwise

 8  required to be processed by the State Disbursement Unit.

 9         (5)(6)  "Federal Case Registry of Child Support Orders"

10  means the automated registry of support order abstracts and

11  other information established and maintained by the United

12  States Department of Health and Human Services as provided by

13  42 U.S.C. s. 653(h).

14         (6)(7)  "Income" means any form of payment to an

15  individual, regardless of source, including, but not limited

16  to: wages, salary, commissions and bonuses, compensation as an

17  independent contractor, worker's compensation, disability

18  benefits, annuity and retirement benefits, pensions,

19  dividends, interest, royalties, trusts, and any other

20  payments, made by any person, private entity, federal or state

21  government, or any unit of local government.  United States

22  Department of Veterans Affairs disability benefits and

23  unemployment compensation, as defined in chapter 443, are

24  excluded from this definition of income except for purposes of

25  establishing an amount of support.

26         (7)(8)  "IV-D" means services provided pursuant to

27  Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et

28  seq.

29         (8)(9)  "Local officer" means an elected or appointed

30  constitutional or charter government official including, but

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1  not limited to, the state attorney and clerk of the circuit

 2  court.

 3         (9)(10)  "National medical support notice" means the

 4  notice required under 42 U.S.C. s. 666(a)(19).

 5         (11)  "Noncustodial parent" means the parent with whom

 6  the child does not maintain his or her primary residence.

 7         (10)(12)  "Obligee" means the person to whom payments

 8  are made pursuant to an order establishing, enforcing, or

 9  modifying an obligation for alimony, for child support, or for

10  alimony and child support.

11         (11)(13)  "Obligor" means a person responsible for

12  making payments pursuant to an order establishing, enforcing,

13  or modifying an obligation for alimony, for child support, or

14  for alimony and child support.

15         (12)  "Parenting plan" means a document created to

16  govern the relationship between the parties relating to the

17  decisions that must be made regarding the minor child and the

18  time-sharing schedule between the parents and child. The

19  issues concerning the minor child may include, but are not

20  limited to, the child's education, health care, and physical,

21  social, and emotional well-being. When created, all

22  circumstances between the parties, including the parties

23  historic relationship, domestic violence, and other factors,

24  must be taken into consideration. The document shall be

25  developed or agreed to by the parties and approved by a court

26  or, if the parents cannot agree, established by the court.

27         (a)  Any parenting plan formulated under this chapter

28  must address all jurisdictional issues, including, but not

29  limited to, the Uniform Child Custody Jurisdiction Enforcement

30  Act, the International Custody and Abduction Remedies Act, 42

31  U.S.C. s. 11601 et seq., the Parental Kidnapping Prevention


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    CS for SB 1896                           First Engrossed (ntc)



 1  Act, and the Convention on the Civil Aspects of International

 2  Child Abduction enacted at the Hague on October 25, 1980.

 3         (b)  For purposes of application of the Uniform Child

 4  Custody Jurisdiction and Enforcement Act, part II of this

 5  chapter, a judgment or order incorporating a parenting plan

 6  under this part is a child custody determination under part

 7  II.

 8         (c)  For purposes of the International Custody and

 9  Abduction Remedies Act, 42 U.S.C. s. 11601 et seq., and the

10  Convention on the Civil Aspects of International Child

11  Abduction, enacted at the Hague on October 25, 1980, rights of

12  custody and rights of access shall be determined under the

13  parenting plan under this part.

14         (13)  "Parenting plan recommendation" means a

15  nonbinding recommendation, made by a licensed mental health

16  professional or any other individual designated by a court,

17  concerning the parenting plan that will govern the

18  relationship between the parents.

19         (14)  "Payor" means an employer or former employer or

20  any other person or agency providing or administering income

21  to the obligor.

22         (15)  "Shared parental responsibility" means a

23  court-ordered relationship in which both parents retain full

24  parental rights and responsibilities with respect to their

25  minor child and in which both parents confer with each other

26  so that major decisions affecting the welfare of the child

27  will be determined jointly.

28         (16)  "Sole parental responsibility" means a

29  court-ordered relationship in which one parent makes decisions

30  regarding the minor child.

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         (17)  "State Case Registry" means the automated

 2  registry maintained by the Title IV-D agency, containing

 3  records of each Title IV-D case and of each support order

 4  established or modified in the state on or after October 1,

 5  1998. Such records shall consist of data elements as required

 6  by the United States Secretary of Health and Human Services.

 7         (18)  "State Disbursement Unit" means the unit

 8  established and operated by the Title IV-D agency to provide

 9  one central address for collection and disbursement of child

10  support payments made in cases enforced by the department

11  pursuant to Title IV-D of the Social Security Act and in cases

12  not being enforced by the department in which the support

13  order was initially issued in this state on or after January

14  1, 1994, and in which the obligor's child support obligation

15  is being paid through income deduction order.

16         (19)  "Support order" means a judgment, decree, or

17  order, whether temporary or final, issued by a court of

18  competent jurisdiction or administrative agency for the

19  support and maintenance of a child which provides for monetary

20  support, health care, arrearages, or past support. When the

21  child support obligation is being enforced by the Department

22  of Revenue, the term "support order" also means a judgment,

23  decree, or order, whether temporary or final, issued by a

24  court of competent jurisdiction for the support and

25  maintenance of a child and the spouse or former spouse of the

26  obligor with whom the child is living which provides for

27  monetary support, health care, arrearages, or past support.

28         (20)  "Support," unless otherwise specified, means:

29         (a)  Child support and, when the child support

30  obligation is being enforced by the Department of Revenue,

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1  spousal support or alimony for the spouse or former spouse of

 2  the obligor with whom the child is living.

 3         (b)  Child support only in cases not being enforced by

 4  the Department of Revenue.

 5         (21)  "Time-sharing schedule" means a timetable that

 6  has been developed by the parents of a minor child,

 7  incorporated into a parenting plan, and approved by a court

 8  which specifies the time that a minor child will spend with

 9  each of the child's parents. If the parents cannot agree, the

10  schedule shall be established by the court.

11         Section 3.  Subsection (3) of section 61.052, Florida

12  Statutes, is amended to read:

13         61.052  Dissolution of marriage.--

14         (3)  During any period of continuance, the court may

15  make appropriate orders for the support and alimony of the

16  parties; the parenting plan primary residence, custody,

17  rotating custody, visitation, support, maintenance, and

18  education of the minor child of the marriage; attorney's fees;

19  and the preservation of the property of the parties.

20         Section 4.  Section 61.09, Florida Statutes, is amended

21  to read:

22         61.09  Alimony and child support unconnected with

23  dissolution.--If a person having the ability to contribute to

24  the maintenance of his or her spouse and support of his or her

25  minor child fails to do so, the spouse who is not receiving

26  support or who has custody of the child or with whom the child

27  has primary residence may apply to the court for alimony and

28  for support for the child without seeking dissolution of

29  marriage, and the court shall enter an order as it deems just

30  and proper.

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         Section 5.  Section 61.10, Florida Statutes, is amended

 2  to read:

 3         61.10  Adjudication of obligation to support spouse or

 4  minor child unconnected with dissolution; parenting plan and

 5  time-sharing schedule child custody, child's primary

 6  residence, and visitation.--Except when relief is afforded by

 7  some other pending civil action or proceeding, a spouse

 8  residing in this state apart from his or her spouse and minor

 9  child, whether or not such separation is through his or her

10  fault, may obtain an adjudication of obligation to maintain

11  the spouse and minor child, if any.  The court shall

12  adjudicate his or her financial obligations to the spouse and

13  child and, shall establish the parenting plan and time-sharing

14  schedule for child's primary residence, and shall determine

15  the custody and visitation rights of the parties. Such an

16  action does not preclude either party from maintaining any

17  other proceeding under this chapter for other or additional

18  relief at any time.

19         Section 6.  Section 61.122, Florida Statutes, is

20  amended to read:

21         61.122  Parenting plan recommendation Child custody

22  evaluations; presumption of psychologist's good faith;

23  prerequisite to parent's filing suit; award of fees, costs,

24  reimbursement.--

25         (1)  A psychologist who has been appointed by the court

26  to develop a parenting plan recommendation conduct a child

27  custody evaluation in a dissolution of marriage, case of

28  domestic violence, or paternity matter involving parent-child

29  relationships, including time-sharing of children, judicial

30  proceeding is presumed to be acting in good faith if the

31  psychologist's recommendation evaluation has been reached


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    CS for SB 1896                           First Engrossed (ntc)



 1  conducted pursuant to standards that a reasonable psychologist

 2  would use to develop a parenting plan recommendation have used

 3  as recommended by the American Psychological Association's

 4  guidelines for child custody evaluation in divorce

 5  proceedings.

 6         (2)  An administrative complaint against a

 7  court-appointed psychologist which relates to a parenting plan

 8  recommendation developed child custody evaluation conducted by

 9  the psychologist may not be filed anonymously. The individual

10  who files such an administrative complaint must include in the

11  complaint his or her name, address, and telephone number.

12         (3)  A parent who desires wishes to file a legal action

13  against a court-appointed psychologist who has acted in good

14  faith in developing conducting a parenting plan recommendation

15  child custody evaluation must petition the judge who presided

16  over the dissolution of marriage, case of domestic violence,

17  or paternity action involving parent-child relationships,

18  including time-sharing of children, child custody proceeding

19  to appoint another psychologist. Upon the parent's showing of

20  good cause, the court shall appoint another psychologist. The

21  court shall determine make a determination as to who is

22  responsible for all court costs and attorney's fees associated

23  with making such an appointment.

24         (4)  If a legal action, whether it be a civil action, a

25  criminal action, or an administrative proceeding, is filed

26  against a court-appointed psychologist in a dissolution of

27  marriage, case of domestic violence, or paternity action

28  involving parent-child relationships, including time-sharing

29  of children child custody proceeding, the claimant is

30  responsible for all reasonable costs and reasonable attorney's

31  fees associated with the action for both parties if the


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    CS for SB 1896                           First Engrossed (ntc)



 1  psychologist is held not liable. If the psychologist is held

 2  liable in civil court, the psychologist must pay all

 3  reasonable costs and reasonable attorney's fees for the

 4  claimant.

 5         Section 7.  Section 61.13, Florida Statutes, is amended

 6  to read:

 7         61.13  Custody and Support, parenting, and time-sharing

 8  of children; visitation rights; power of court in making

 9  orders.--

10         (1)(a)  In a proceeding under this chapter, the court

11  may at any time order either or both parents who owe a duty of

12  support to a child to pay support in accordance with the

13  guidelines in s. 61.30. The court initially entering an order

14  requiring one or both parents to make child support payments

15  shall have continuing jurisdiction after the entry of the

16  initial order to modify the amount and terms and conditions of

17  the child support payments when the modification is found

18  necessary by the court in the best interests of the child,

19  when the child reaches majority, or when there is a

20  substantial change in the circumstances of the parties. The

21  court initially entering a child support order shall also have

22  continuing jurisdiction to require the obligee to report to

23  the court on terms prescribed by the court regarding the

24  disposition of the child support payments.

25         (b)  Each order for support shall contain a provision

26  for health care coverage for the minor child when the coverage

27  is reasonably available. Coverage is reasonably available if

28  either the obligor or obligee has access at a reasonable rate

29  to a group health plan. The court may require the obligor

30  either to provide health care coverage or to reimburse the

31  obligee for the cost of health care coverage for the minor


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    CS for SB 1896                           First Engrossed (ntc)



 1  child when coverage is provided by the obligee. In either

 2  event, the court shall apportion the cost of coverage, and any

 3  noncovered medical, dental, and prescription medication

 4  expenses of the child, to both parties by adding the cost to

 5  the basic obligation determined pursuant to s. 61.30(6). The

 6  court may order that payment of uncovered medical, dental, and

 7  prescription medication expenses of the minor child be made

 8  directly to the obligee on a percentage basis.

 9         1.  In a non-Title IV-D case, a copy of the court order

10  for health care coverage shall be served on the obligor's

11  union or employer by the obligee when the following conditions

12  are met:

13         a.  The obligor fails to provide written proof to the

14  obligee within 30 days after receiving effective notice of the

15  court order that the health care coverage has been obtained or

16  that application for coverage has been made;

17         b.  The obligee serves written notice of intent to

18  enforce an order for health care coverage on the obligor by

19  mail at the obligor's last known address; and

20         c.  The obligor fails within 15 days after the mailing

21  of the notice to provide written proof to the obligee that the

22  health care coverage existed as of the date of mailing.

23         2.a.  A support order enforced under Title IV-D of the

24  Social Security Act which requires that the obligor provide

25  health care coverage is enforceable by the department through

26  the use of the national medical support notice, and an

27  amendment to the support order is not required. The department

28  shall transfer the national medical support notice to the

29  obligor's union or employer. The department shall notify the

30  obligor in writing that the notice has been sent to the

31  obligor's union or employer, and the written notification must


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    CS for SB 1896                           First Engrossed (ntc)



 1  include the obligor's rights and duties under the national

 2  medical support notice. The obligor may contest the

 3  withholding required by the national medical support notice

 4  based on a mistake of fact. To contest the withholding, the

 5  obligor must file a written notice of contest with the

 6  department within 15 business days after the date the obligor

 7  receives written notification of the national medical support

 8  notice from the department. Filing with the department is

 9  complete when the notice is received by the person designated

10  by the department in the written notification. The notice of

11  contest must be in the form prescribed by the department. Upon

12  the timely filing of a notice of contest, the department

13  shall, within 5 business days, schedule an informal conference

14  with the obligor to discuss the obligor's factual dispute. If

15  the informal conference resolves the dispute to the obligor's

16  satisfaction or if the obligor fails to attend the informal

17  conference, the notice of contest is deemed withdrawn. If the

18  informal conference does not resolve the dispute, the obligor

19  may request an administrative hearing under chapter 120 within

20  5 business days after the termination of the informal

21  conference, in a form and manner prescribed by the department.

22  However, the filing of a notice of contest by the obligor does

23  not delay the withholding of premium payments by the union,

24  employer, or health plan administrator. The union, employer,

25  or health plan administrator must implement the withholding as

26  directed by the national medical support notice unless

27  notified by the department that the national medical support

28  notice is terminated.

29         b.  In a Title IV-D case, the department shall notify

30  an obligor's union or employer if the obligation to provide

31  


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    CS for SB 1896                           First Engrossed (ntc)



 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


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    CS for SB 1896                           First Engrossed (ntc)



 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  


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    CS for SB 1896                           First Engrossed (ntc)



 1         7.  The department may adopt rules to administer the

 2  child support enforcement provisions of this section that

 3  affect Title IV-D cases.

 4         (c)  To the extent necessary to protect an award of

 5  child support, the court may order the obligor to purchase or

 6  maintain a life insurance policy or a bond, or to otherwise

 7  secure the child support award with any other assets which may

 8  be suitable for that purpose.

 9         (d)1.  Unless the provisions of subparagraph 3. apply,

10  all child support orders entered on or after January 1, 1985,

11  shall direct that the payments of child support be made as

12  provided in s. 61.181 through the depository in the county

13  where the court is located. All child support orders shall

14  provide the full name and date of birth of each minor child

15  who is the subject of the child support order.

16         2.  Unless the provisions of subparagraph 3. apply, all

17  child support orders entered before January 1, 1985, shall be

18  modified by the court to direct that payments of child support

19  shall be made through the depository in the county where the

20  court is located upon the subsequent appearance of either or

21  both parents to modify or enforce the order, or in any related

22  proceeding.

23         3.  If both parties request and the court finds that it

24  is in the best interest of the child, support payments need

25  not be directed through the depository.  The order of support

26  shall provide, or shall be deemed to provide, that either

27  party may subsequently apply to the depository to require

28  direction of the payments through the depository. The court

29  shall provide a copy of the order to the depository.

30         4.  If the parties elect not to require that support

31  payments be made through the depository, any party may


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    CS for SB 1896                           First Engrossed (ntc)



 1  subsequently file an affidavit with the depository alleging a

 2  default in payment of child support and stating that the party

 3  wishes to require that payments be made through the

 4  depository. The party shall provide copies of the affidavit to

 5  the court and to each other party. Fifteen days after receipt

 6  of the affidavit, the depository shall notify both parties

 7  that future payments shall be paid through the depository.

 8         5.  In IV-D cases, the IV-D agency shall have the same

 9  rights as the obligee in requesting that payments be made

10  through the depository.

11         (2)(a)  The court shall have jurisdiction to approve,

12  create, or modify a parenting plan determine custody,

13  notwithstanding that the child is not physically present in

14  this state at the time of filing any proceeding under this

15  chapter, if it appears to the court that the child was removed

16  from this state for the primary purpose of removing the child

17  from the jurisdiction of the court in an attempt to avoid the

18  court's approval, creation, or modification of a parenting

19  plan a determination or modification of custody.

20         (b)  Any parenting plan approved by the court must, at

21  a minimum, adequately describe in detail how the parents will

22  share and be responsible for the daily tasks associated with

23  the upbringing of a child, the time-sharing schedule

24  arrangements that specify the time that the minor child will

25  spend with each of his or her parents, a designation of who

26  will be responsible for any and all forms of health care,

27  other activities, and school-related matters and the methods

28  and technologies that the parents will use to communicate with

29  each other and with the child. Any parenting plan formulated

30  under this part must address all jurisdictional issues,

31  including, but not limited to, the Uniform Child Custody


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    CS for SB 1896                           First Engrossed (ntc)



 1  Jurisdiction Enforcement Act, the International Custody and

 2  Abduction Remedies Act, 42 U.S.C. s. 11601 et seq., the

 3  Parental Kidnapping Prevention Act, and the Convention on the

 4  Civil Aspects of International Child Abduction enacted at the

 5  Hague on October 25, 1980.

 6         (c)(b)1.  The court shall determine all matters

 7  relating to parenting and time-sharing custody of each minor

 8  child of the parties in accordance with the best interests of

 9  the child and in accordance with the Uniform Child Custody

10  Jurisdiction and Enforcement Act. It is the public policy of

11  this state to assure that each minor child has frequent and

12  continuing contact with both parents after the parents

13  separate or the marriage of the parties is dissolved and to

14  encourage parents to share the rights and responsibilities,

15  and joys, of childrearing. There is no presumption for or

16  against After considering all relevant facts, the father or

17  mother of the child when creating or modifying the parenting

18  plan schedule for shall be given the same consideration as the

19  mother in determining the primary residence of a child

20  irrespective of the age or sex of the child.

21         2.  The court shall order that the parental

22  responsibility for a minor child be shared by both parents

23  unless the court finds that shared parental responsibility

24  would be detrimental to the child. Evidence that a parent has

25  been convicted of a felony of the third degree or higher

26  involving domestic violence, as defined in s. 741.28 and

27  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

28  a rebuttable presumption of detriment to the child. If the

29  presumption is not rebutted, shared parental responsibility,

30  including time-sharing with visitation, residence of the

31  child, and decisions made regarding the child, may not be


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    CS for SB 1896                           First Engrossed (ntc)



 1  granted to the convicted parent. However, the convicted parent

 2  is not relieved of any obligation to provide financial

 3  support. If the court determines that shared parental

 4  responsibility would be detrimental to the child, it may order

 5  sole parental responsibility and make such arrangements for

 6  time-sharing as specified in the parenting plan visitation as

 7  will best protect the child or abused spouse from further

 8  harm. Whether or not there is a conviction of any offense of

 9  domestic violence or child abuse or the existence of an

10  injunction for protection against domestic violence, the court

11  shall consider evidence of domestic violence or child abuse as

12  evidence of detriment to the child.

13         a.  In ordering shared parental responsibility, the

14  court may consider the expressed desires of the parents and

15  may grant to one party the ultimate responsibility over

16  specific aspects of the child's welfare or may divide those

17  responsibilities between the parties based on the best

18  interests of the child. Areas of responsibility may include

19  primary residence, education, healthcare medical and dental

20  care, and any other responsibilities that the court finds

21  unique to a particular family.

22         b.  The court shall order "sole parental responsibility

23  for a minor child to one parent, with or without time-sharing

24  with visitation rights, to the other parent," when it is in

25  the best interests of" the minor child.

26         3.  Access to records and information pertaining to a

27  minor child, including, but not limited to, medical, dental,

28  and school records, may not be denied to either a parent

29  because the parent is not the child's primary residential

30  parent. Full rights under this subparagraph apply to either

31  parent unless a court order specifically revokes these rights,


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    CS for SB 1896                           First Engrossed (ntc)



 1  including any restrictions on these rights as provided in a

 2  domestic violence injunction. A parent having rights under

 3  this subparagraph has the same rights upon request as to form,

 4  substance, and manner of access as are available to the other

 5  parent of a child, including, without limitation, the right to

 6  in-person communication with medical, dental, and education

 7  providers.

 8         (d)(c)  The circuit court in the county in which either

 9  parent and the child reside or the circuit court in which the

10  original order approving or creating the parenting plan award

11  of custody was entered has have jurisdiction to modify the

12  parenting plan an award of child custody. The court may change

13  the venue in accordance with s. 47.122.

14         (3)  For purposes of establishing, modifying parental

15  responsibility and creating, developing, approving, or

16  modifying a parenting plan, including a time-sharing schedule,

17  which governs each parent's relationship with his or her minor

18  child and the relationship between each parent with regard to

19  his or her minor child, the best interests of the child shall

20  be the primary consideration. There shall be no presumptions

21  for or against either parent when establishing, creating,

22  developing, approving, or modifying the parenting plan,

23  including the time-sharing schedule, as well as determining

24  decisionmaking, regardless of the age or sex of the child,

25  giving due consideration to the developmental needs of the

26  child. The parenting plan, must be in the best interests of

27  the minor child, and evidence that a parent has been convicted

28  of a felony of the third degree or higher involving domestic

29  violence, as defined in s. 741.28 or chapter 775, or meeting

30  the criteria of s. 39.806(1)(d), creates a rebuttable

31  presumption of detriment to the child. If the presumption is


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    CS for SB 1896                           First Engrossed (ntc)



 1  not rebutted, the time-sharing with the child and decisions

 2  made regarding the child may not be granted to the convicted

 3  parent. Otherwise, determination of the best interests of the

 4  child shall be made by evaluating all of the factors affecting

 5  the welfare and interests of the child, including, but not

 6  limited to:

 7         (a)  The demonstrated capacity and disposition of each

 8  parent to facilitate and encourage a close and continuing

 9  parent-child relationship between the child and the other

10  parent, to honor the time-sharing schedule, and to be

11  reasonable when changes are required.

12         (b)  The anticipated division of parental

13  responsibilities after the litigation, including the extent to

14  which parental responsibilities will be delegated to third

15  parties.

16         (c)  The demonstrated capacity and disposition of each

17  parent to determine, consider, and act upon the needs of the

18  child as opposed to the needs or desires of the parent. shared

19  parental responsibility and primary residence, the best

20  interests of the child shall include an evaluation of all

21  factors affecting the welfare and interests of the child,

22  including, but not limited to:

23         (a)  The parent who is more likely to allow the child

24  frequent and continuing contact with the nonresidential

25  parent.

26         (b)  The love, affection, and other emotional ties

27  existing between the parents and the child.

28         (c)  The capacity and disposition of the parents to

29  provide the child with food, clothing, medical care or other

30  remedial care recognized and permitted under the laws of this

31  state in lieu of medical care, and other material needs.


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    CS for SB 1896                           First Engrossed (ntc)



 1         (d)  The length of time the child has lived in a

 2  stable, satisfactory environment and the desirability of

 3  maintaining continuity.

 4         (e)  The geographic viability of the parenting plan,

 5  with special attention paid to the needs of school-age

 6  children and the amount of time to be spent traveling to

 7  effectuate the parenting plan. This factor does not create a

 8  presumption for or against relocation of either parent with a

 9  child. The permanence, as a family unit, of the existing or

10  proposed custodial home.

11         (f)  The moral fitness of the parents.

12         (g)  The mental and physical health of the parents.

13         (h)  The demonstrated capacity and disposition of each

14  parent to be informed of the circumstances surrounding the

15  minor child, such as the child's friends, teachers, medical

16  care providers, favorite activities, favorite foods, and

17  clothes sizes.

18         (i)  The demonstrated capacity and disposition of each

19  parent to provide a consistent routine for the child, such as

20  forms of discipline and setting times for homework, meals, and

21  bedtime.

22         (j)  The demonstrated capacity and disposition of each

23  parent to communicate with the other parent and to keep the

24  other parent informed of issues and activities regarding the

25  minor child, and the willingness of each parent to adopt a

26  unified front on all major issues when dealing with the child.

27         (k)  Evidence of domestic violence, sexual violence,

28  child abuse, child abandonment, or child neglect, regardless

29  of whether a prior or pending action regarding those issues

30  has been brought.

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         (l)  Evidence that either parent has knowingly provided

 2  false information to the court regarding any prior or pending

 3  action regarding domestic violence, sexual violence, child

 4  abuse, child abandonment, or child neglect.

 5         (m)  The particular parenting tasks customarily

 6  performed by each parent and the division of parental

 7  responsibilities before the institution of litigation and

 8  during the pending litigation, including the extent to which

 9  parental responsibilities were undertaken by third parties.

10         (n)  The demonstrated capacity and disposition of each

11  parent to participate and be involved in the child's school

12  and extracurricular activities.

13         (o)  The demonstrated capacity and disposition of each

14  parent to maintain an environment for the child which is free

15  from substance abuse.

16         (p)  The capacity and disposition of each parent to

17  protect the child from the ongoing litigation as demonstrated

18  by not discussing the case with the child, not sharing

19  documents or electronic media related to the case with the

20  child, and not making disparaging comments about the other

21  parent to the child.

22         (q)  The developmental stages and needs of the child

23  and the demonstrated capacity and disposition of each parent

24  to meet the child's developmental needs.

25         (r)  The demonstrated capability, experience, and

26  knowledge of each parent on how best to raise a child who has

27  a serious and well-recognized medical condition, including,

28  but not limited to, an autism spectrum disorder or a related

29  condition.

30         (s)  Any other factor that is relevant to the

31  determination of a specific parenting plan, including the


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    CS for SB 1896                           First Engrossed (ntc)



 1  time-sharing schedule. The home, school, and community record

 2  of the child.

 3         (i)  The reasonable preference of the child, if the

 4  court deems the child to be of sufficient intelligence,

 5  understanding, and experience to express a preference.

 6         (j)  The willingness and ability of each parent to

 7  facilitate and encourage a close and continuing parent-child

 8  relationship between the child and the other parent.

 9         (k)  Evidence that any party has knowingly provided

10  false information to the court regarding a domestic violence

11  proceeding pursuant to s. 741.30.

12         (l)  Evidence of domestic violence or child abuse.

13         (m)  Any other fact considered by the court to be

14  relevant.

15         (4)(a)  When a noncustodial parent who is ordered to

16  pay child support or alimony and who is awarded visitation

17  rights fails to pay child support or alimony, the custodial

18  parent who should have received the child support or alimony

19  may shall not refuse to honor the time-sharing schedule

20  presently in effect between the parents noncustodial parent's

21  visitation rights.

22         (b)  When a custodial parent refuses to honor the other

23  a noncustodial parent's visitation rights under the

24  time-sharing schedule, the noncustodial parent whose

25  time-sharing rights were violated shall continue not fail to

26  pay any ordered child support or alimony.

27         (c)  When a custodial parent refuses to honor the

28  time-sharing schedule in the parenting plan a noncustodial

29  parent's or grandparent's visitation rights without proper

30  cause, the court:

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         1.  Shall, after calculating the amount of time-sharing

 2  visitation improperly denied, award the noncustodial parent

 3  denied time-sharing or grandparent a sufficient amount of

 4  extra time-sharing visitation to compensate for the

 5  time-sharing missed, and such time-sharing the noncustodial

 6  parent or grandparent, which visitation shall be ordered as

 7  expeditiously as possible in a manner consistent with the best

 8  interests of the child and scheduled in a manner that is

 9  convenient for the parent person deprived of time-sharing

10  visitation. In ordering any makeup time-sharing visitation,

11  the court shall schedule such time-sharing visitation in a

12  manner that is consistent with the best interests of the child

13  or children and that is convenient for the nonoffending

14  noncustodial parent and at the expense of the noncompliant

15  parent or grandparent. In addition, the court:

16         2.1.  May order the custodial parent who did not

17  provide time-sharing or did not properly exercise time-sharing

18  under the time-sharing schedule to pay reasonable court costs

19  and attorney's fees incurred by the nonoffending noncustodial

20  parent or grandparent to enforce the time-sharing schedule

21  their visitation rights or make up improperly denied

22  visitation;

23         3.2.  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 attend a the parenting

26  course approved by the judicial circuit;

27         4.3.  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 do community service if the

30  order will not interfere with the welfare of the child;

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         5.4.  May order the custodial parent who did not

 2  provide time-sharing or did not properly exercise time-sharing

 3  under the time-sharing schedule to have the financial burden

 4  of promoting frequent and continuing contact when the

 5  custodial parent and child reside further than 60 miles from

 6  the noncustodial parent;

 7         6.5.  May award custody, rotating custody, or primary

 8  residence to the noncustodial parent, upon the request of the

 9  noncustodial parent who did not violate the time-sharing

10  schedule, modify the parenting plan, if modification the award

11  is in the best interests of the child; or

12         7.  May order the parent who did not provide

13  time-sharing or did not properly exercise time-sharing under

14  the time-sharing schedule to be responsible for incidental

15  costs incurred by the compliant parent as a result of the

16  other parent's noncompliance; or

17         8.6.  May impose any other reasonable sanction as a

18  result of noncompliance.

19         (d)  A person who violates this subsection may be

20  punished by contempt of court or other remedies as the court

21  deems appropriate.

22         (5)  The court may make specific orders regarding the

23  parenting plan and the time-sharing schedule for the care and

24  custody of the minor child as such orders relate to from the

25  circumstances of the parties and the nature of the case and

26  are is equitable and provide for child support in accordance

27  with the guidelines in s. 61.30.  An order for equal

28  time-sharing for award of shared parental responsibility of a

29  minor child does not preclude the court from entering an order

30  for child support of the child.

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         (6)  In any proceeding under this section, the court

 2  may not deny shared parental responsibility and time-sharing,

 3  custody, or visitation rights to a parent or grandparent

 4  solely because that parent or grandparent is or is believed to

 5  be infected with human immunodeficiency virus,; but the court

 6  may condition such rights in an order approving the parenting

 7  plan upon the parent's or grandparent's agreement to observe

 8  measures approved by the Centers for Disease Control and

 9  Prevention of the United States Public Health Service or by

10  the Department of Health for preventing the spread of human

11  immunodeficiency virus to the child.

12         (7)  If the court orders that parental responsibility,

13  including visitation, be shared by both parents, the court may

14  not deny the noncustodial parent overnight contact and access

15  to or visitation with the child solely because of the age or

16  sex of the child.

17         (7)(8)(a)  Beginning July 1, 1997, each party to any

18  paternity or support proceeding is required to file with the

19  tribunal as defined in s. 88.1011(22) and State Case Registry

20  upon entry of an order, and to update as appropriate,

21  information on location and identity of the party, including

22  social security number, residential and mailing addresses,

23  telephone number, driver's license number, and name, address,

24  and telephone number of employer. Beginning October 1, 1998,

25  each party to any paternity or child support proceeding in a

26  non-Title IV-D case shall meet the above requirements for

27  updating the tribunal and State Case Registry.

28         (b)  Pursuant to the federal Personal Responsibility

29  and Work Opportunity Reconciliation Act of 1996, each party is

30  required to provide his or her social security number in

31  accordance with this section.  Disclosure of social security


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    CS for SB 1896                           First Engrossed (ntc)



 1  numbers obtained through this requirement shall be limited to

 2  the purpose of administration of the Title IV-D program for

 3  child support enforcement.

 4         (c)  Beginning July 1, 1997, in any subsequent Title

 5  IV-D child support enforcement action between the parties,

 6  upon sufficient showing that diligent effort has been made to

 7  ascertain the location of such a party, the court of competent

 8  jurisdiction shall deem state due process requirements for

 9  notice and service of process to be met with respect to the

10  party, upon delivery of written notice to the most recent

11  residential or employer address filed with the tribunal and

12  State Case Registry pursuant to paragraph (a). Beginning

13  October 1, 1998, in any subsequent non-Title IV-D child

14  support enforcement action between the parties, the same

15  requirements for service shall apply.

16         (8)(9)  At the time an order for child support is

17  entered, each party is required to provide his or her social

18  security number and date of birth to the court, as well as the

19  name, date of birth, and social security number of each minor

20  child that is the subject of such child support order.

21  Pursuant to the federal Personal Responsibility and Work

22  Opportunity Reconciliation Act of 1996, each party is required

23  to provide his or her social security number in accordance

24  with this section. All social security numbers required by

25  this section shall be provided by the parties and maintained

26  by the depository as a separate attachment in the file.

27  Disclosure of social security numbers obtained through this

28  requirement shall be limited to the purpose of administration

29  of the Title IV-D program for child support enforcement.

30         Section 8.  Section 61.13001, Florida Statutes, is

31  amended to read:


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    CS for SB 1896                           First Engrossed (ntc)



 1         61.13001  Parental relocation with a child.--

 2         (1)  DEFINITIONS.--As used in this section:

 3         (a)  "Change of residence address" means the relocation

 4  of a child to a principal residence more than 50 miles away

 5  from his or her principal place of residence at the time of

 6  the entry of the last order establishing or modifying the

 7  parenting plan or time-sharing arrangement for designation of

 8  the primary residential parent or the custody of the minor

 9  child, unless the move places the principal residence of the

10  minor child less than 50 miles from either the nonresidential

11  parent.

12         (b)  "Child" means any person who is under the

13  jurisdiction of a state court pursuant to the Uniform Child

14  Custody Jurisdiction and Enforcement Act or is the subject of

15  any order granting to a parent or other person any right to

16  time-sharing, residential care, or kinship, custody, or

17  visitation as provided under state law.

18         (c)  "Court" means the circuit court in an original

19  proceeding which has proper venue and jurisdiction in

20  accordance with the Uniform Child Custody Jurisdiction and

21  Enforcement Act, the circuit court in the county in which

22  either parent and the child reside, or the circuit court in

23  which the original action was adjudicated.

24         (d)  "Other person" means an individual who is not the

25  parent and who, by court order, maintains the primary

26  residence of a child or has visitation rights with a child.

27         (e)  "Parent" means any person so named by court order

28  or express written agreement that is subject to court

29  enforcement or a person reflected as a parent on a birth

30  certificate and in whose home a child maintains a primary or

31  secondary residence. Notwithstanding this paragraph, a


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    CS for SB 1896                           First Engrossed (ntc)



 1  putative father is not included in the definition of father

 2  and does not have standing to seek relief under this chapter

 3  until paternity has been legally established.

 4         (f)  "Person entitled to be the primary residential

 5  parent of a child" means a person so designated by court order

 6  or by an express written agreement that is subject to court

 7  enforcement or a person seeking such a designation, or, when

 8  neither parent has been designated as primary residential

 9  parent, the person seeking to relocate with a child.

10         (g)  "Principal residence of a child" means the home of

11  the designated primary residential parent. For purposes of

12  this section only, when rotating custody is in effect, each

13  parent shall be considered to be the primary residential

14  parent.

15         (f)(h)  "Relocation" means a change in any the

16  principal residence of a child for a period of 60 consecutive

17  days or more but does not include a temporary absence from the

18  principal residence for purposes of vacation, education, or

19  the provision of health care for the child.

20         (2)  RELOCATION BY AGREEMENT.--

21         (a)  If the parents primary residential parent and the

22  other parent and every other person entitled to time-sharing

23  visitation with the child agree to the relocation of the child

24  child's principal residence, they may satisfy the requirements

25  of this section by signing a written agreement that:

26         1.  Reflects the consent to the relocation;

27         2.  Defines time-sharing the visitation rights for the

28  nonrelocating parent and any other persons who are entitled to

29  time-sharing visitation; and

30         3.  Describes, if necessary, any transportation

31  arrangements related to time-sharing the visitation.


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    CS for SB 1896                           First Engrossed (ntc)



 1         (b)  If there is an existing cause of action, judgment,

 2  or decree of record pertaining to the child's primary

 3  residence or time-sharing visitation, the parties shall seek

 4  ratification of the agreement by court order without the

 5  necessity of an evidentiary hearing unless a hearing is

 6  requested, in writing, by one or more of the parties to the

 7  agreement within 10 days after the date the agreement is filed

 8  with the court. If a hearing is not timely requested, it shall

 9  be presumed that the relocation is in the best interest of the

10  child and the court may ratify the agreement without an

11  evidentiary hearing.

12         (3)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless

13  an agreement has been entered as described in subsection (2),

14  a parent who is entitled to time-sharing with primary

15  residence of the child shall notify the other parent, and

16  every other person entitled to time-sharing visitation with

17  the child, of a proposed relocation of the child's principal

18  residence. The form of notice shall be according to this

19  section:

20         (a)  The parent seeking to relocate shall prepare a

21  Notice of Intent to Relocate. The following information must

22  be included with the Notice of Intent to Relocate and signed

23  under oath under penalty of perjury:

24         1.  A description of the location of the intended new

25  residence, including the state, city, and specific physical

26  address, if known.

27         2.  The mailing address of the intended new residence,

28  if not the same as the physical address, if known.

29         3.  The home telephone number of the intended new

30  residence, if known.

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         4.  The date of the intended move or proposed

 2  relocation.

 3         5.  A detailed statement of the specific reasons for

 4  the proposed relocation of the child. If one of the reasons is

 5  based upon a job offer which has been reduced to writing, that

 6  written job offer must be attached to the Notice of Intent to

 7  Relocate.

 8         6.  A proposal for the revised postrelocation schedule

 9  of time-sharing visitation together with a proposal for the

10  postrelocation transportation arrangements necessary to

11  effectuate time-sharing visitation with the child. Absent the

12  existence of a current, valid order abating, terminating, or

13  restricting time-sharing visitation or other good cause

14  predating the Notice of Intent to Relocate, failure to comply

15  with this provision renders the Notice of Intent to Relocate

16  legally insufficient.

17         7.  Substantially the following statement, in all

18  capital letters and in the same size type, or larger, as the

19  type in the remainder of the notice:

20  

21  AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN

22  WRITING, FILED WITH THE COURT, AND SERVED ON THE PARENT OR

23  OTHER PERSON SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE

24  OF THIS NOTICE OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY

25  OBJECT TO THE RELOCATION, THE RELOCATION WILL BE ALLOWED,

26  UNLESS IT IS NOT IN THE BEST INTERESTS OF THE CHILD, WITHOUT

27  FURTHER NOTICE AND WITHOUT A HEARING.

28         8.  The mailing address of the parent or other person

29  seeking to relocate to which the objection filed under

30  subsection (5) to the Notice of Intent to Relocate should be

31  sent.


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    CS for SB 1896                           First Engrossed (ntc)



 1  

 2  The contents of the Notice of Intent to Relocate are not

 3  privileged. For purposes of encouraging amicable resolution of

 4  the relocation issue, a copy of the Notice of Intent to

 5  Relocate shall initially not be filed with the court but

 6  instead served upon the nonrelocating parent, other person,

 7  and every other person entitled to time-sharing visitation

 8  with the child, and the original thereof shall be maintained

 9  by the parent or other person seeking to relocate.

10         (b)  The parent seeking to relocate shall also prepare

11  a Certificate of Filing Notice of Intent to Relocate. The

12  certificate shall certify the date that the Notice of Intent

13  to Relocate was served on the other parent and on every other

14  person entitled to time-sharing visitation with the child.

15         (c)  The Notice of Intent to Relocate, and the

16  Certificate of Filing Notice of Intent to Relocate, shall be

17  served on the other parent and on every other person entitled

18  to time-sharing visitation with the child. If there is a

19  pending court action regarding the child, service of process

20  may be according to court rule. Otherwise, service of process

21  shall be according to chapters 48 and 49 or via certified

22  mail, restricted delivery, return receipt requested.

23         (d)  A person giving notice of a proposed relocation or

24  change of residence address under this section has a

25  continuing duty to provide current and updated information

26  required by this section when that information becomes known.

27         (e)  If the other parent and any other person entitled

28  to time-sharing visitation with the child fails to timely file

29  an objection, it shall be presumed that the relocation is in

30  the best interest of the child, the relocation shall be

31  allowed, and the court shall, absent good cause, enter an


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    CS for SB 1896                           First Engrossed (ntc)



 1  order, attaching a copy of the Notice of Intent to Relocate,

 2  reflecting that the order is entered as a result of the

 3  failure to object to the Notice of Intent to Relocate, and

 4  adopting the time-sharing visitation schedule and

 5  transportation arrangements contained in the Notice of Intent

 6  to Relocate. The order may issue in an expedited manner

 7  without the necessity of an evidentiary hearing. If an

 8  objection is timely filed, the burden returns to the parent or

 9  person seeking to relocate to initiate court proceedings to

10  obtain court permission to relocate before prior to doing so.

11         (f)  The act of relocating the child after failure to

12  comply with the notice of intent to relocate procedure

13  described in this subsection subjects the party in violation

14  thereof to contempt and other proceedings to compel the return

15  of the child and may be taken into account by the court in any

16  initial or postjudgment action seeking a determination or

17  modification of the parenting plan or the time-sharing

18  schedule, or both, designation of the primary residential

19  parent or of the residence, custody, or visitation with the

20  child as:

21         1.  A factor in making a determination regarding the

22  relocation of a child.

23         2.  A factor in determining whether the parenting plan

24  or the designation of the primary residential parent or the

25  residence, contact, access, visitation, or time-sharing

26  schedule arrangements should be modified.

27         3.  A basis for ordering the temporary or permanent

28  return of the child.

29         4.  Sufficient cause to order the parent or other

30  person seeking to relocate the child to pay reasonable

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1  expenses and attorney's fees incurred by the party objecting

 2  to the relocation.

 3         5.  Sufficient cause for the award of reasonable

 4  attorney's fees and costs, including interim travel expenses

 5  incident to time-sharing visitation or securing the return of

 6  the child.

 7         (4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the

 8  parent or other person seeking to relocate a child, or the

 9  child, is entitled to prevent disclosure of location

10  information under any public records exemption applicable to

11  that person, the court may enter any order necessary to modify

12  the disclosure requirements of this section in compliance with

13  the public records exemption.

14         (5)  CONTENT OF OBJECTION TO RELOCATION.--An objection

15  seeking to prevent the relocation of a child must shall be

16  verified and served within 30 days after service of the Notice

17  of Intent to Relocate. The objection must shall include the

18  specific factual basis supporting the reasons for seeking a

19  prohibition of the relocation, including a statement of the

20  amount of participation or involvement the objecting party

21  currently has or has had in the life of the child.

22         (6)  TEMPORARY ORDER.--

23         (a)  The court may grant a temporary order restraining

24  the relocation of a child or ordering the return of the child,

25  if a relocation has previously taken place, or other

26  appropriate remedial relief, if the court finds:

27         1.  The required notice of a proposed relocation of a

28  child was not provided in a timely manner;

29         2.  The child already has been relocated without notice

30  or written agreement of the parties or without court approval;

31  or


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    CS for SB 1896                           First Engrossed (ntc)



 1         3.  From an examination of the evidence presented at

 2  the preliminary hearing that there is a likelihood that upon

 3  final hearing the court will not approve the relocation of the

 4  primary residence of the child.

 5         (b)  The court may grant a temporary order permitting

 6  the relocation of the child pending final hearing, if the

 7  court:

 8         1.  Finds that the required Notice of Intent to

 9  Relocate was provided in a timely manner; and

10         2.  Finds from an examination of the evidence presented

11  at the preliminary hearing that there is a likelihood that on

12  final hearing the court will approve the relocation of the

13  primary residence of the child, which findings must be

14  supported by the same factual basis as would be necessary to

15  support the permitting of relocation in a final judgment.

16         (c)  If the court has issued a temporary order

17  authorizing a party seeking to relocate or move a child before

18  a final judgment is rendered, the court may not give any

19  weight to the temporary relocation as a factor in reaching its

20  final decision.

21         (d)  If temporary relocation of a child is permitted,

22  the court may require the person relocating the child to

23  provide reasonable security, financial or otherwise, and

24  guarantee that the court-ordered contact with the child will

25  not be interrupted or interfered with by the relocating party.

26         (7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED

27  RELOCATION.--A No presumption does not shall arise in favor of

28  or against a request to relocate with the child when a primary

29  residential parent seeks to move the child and the move will

30  materially affect the current schedule of contact, access, and

31  time-sharing with the nonrelocating parent or other person. In


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    CS for SB 1896                           First Engrossed (ntc)



 1  reaching its decision regarding a proposed temporary or

 2  permanent relocation, the court shall evaluate all of the

 3  following factors:

 4         (a)  The nature, quality, extent of involvement, and

 5  duration of the child's relationship with the parent proposing

 6  to relocate with the child and with the nonrelocating parent,

 7  other persons, siblings, half-siblings, and other significant

 8  persons in the child's life.

 9         (b)  The age and developmental stage of the child, the

10  needs of the child, and the likely impact the relocation will

11  have on the child's physical, educational, and emotional

12  development, taking into consideration any special needs of

13  the child.

14         (c)  The feasibility of preserving the relationship

15  between the nonrelocating parent or other person and the child

16  through substitute arrangements that take into consideration

17  the logistics of contact, access, visitation, and

18  time-sharing, as well as the financial circumstances of the

19  parties; whether those factors are sufficient to foster a

20  continuing meaningful relationship between the child and the

21  nonrelocating parent or other person; and the likelihood of

22  compliance with the substitute arrangements by the relocating

23  parent once he or she is out of the jurisdiction of the court.

24         (d)  The child's preference, taking into consideration

25  the age and maturity of the child.

26         (e)  Whether the relocation will enhance the general

27  quality of life for both the parent seeking the relocation and

28  the child, including, but not limited to, financial or

29  emotional benefits or educational opportunities.

30         (f)  The reasons of each parent or other person for

31  seeking or opposing the relocation.


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    CS for SB 1896                           First Engrossed (ntc)



 1         (g)  The current employment and economic circumstances

 2  of each parent or other person and whether or not the proposed

 3  relocation is necessary to improve the economic circumstances

 4  of the parent or other person seeking relocation of the child.

 5         (h)  That the relocation is sought in good faith and

 6  the extent to which the objecting parent has fulfilled his or

 7  her financial obligations to the parent or other person

 8  seeking relocation, including child support, spousal support,

 9  and marital property and marital debt obligations.

10         (i)  The career and other opportunities available to

11  the objecting parent or objecting other person if the

12  relocation occurs.

13         (j)  A history of substance abuse or domestic violence

14  as defined in s. 741.28 or which meets the criteria of s.

15  39.806(1)(d) by either parent, including a consideration of

16  the severity of such conduct and the failure or success of any

17  attempts at rehabilitation.

18         (k)  Whether the proposed move will be poorly

19  understood, tolerated, or accepted by a child who has an

20  autism spectrum disorder or related condition that may prevent

21  the child from adapting well to a new environment and new

22  circumstances.

23         (l)(k)  Any other factor affecting the best interest of

24  the child or as set forth in s. 61.13.

25         (8)  BURDEN OF PROOF.--The parent or other person

26  wishing to relocate has the burden of proof if an objection is

27  filed and must then initiate a proceeding seeking court

28  permission for relocation. The initial burden is on the parent

29  or person wishing to relocate to prove by a preponderance of

30  the evidence that relocation is in the best interest of the

31  child. If that burden of proof is met, the burden shifts to


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    CS for SB 1896                           First Engrossed (ntc)



 1  the nonrelocating parent or other person to show by a

 2  preponderance of the evidence that the proposed relocation is

 3  not in the best interest of the child.

 4         (9)  ORDER REGARDING RELOCATION.--If relocation is

 5  permitted:

 6         (a)  The court may, in its discretion, order contact

 7  with the nonrelocating parent, including access, visitation,

 8  time-sharing, telephone, Internet, web-cam, and other

 9  arrangements sufficient to ensure that the child has frequent,

10  continuing, and meaningful contact, access, visitation, and

11  time-sharing with the nonrelocating parent or other persons,

12  if contact is financially affordable and in the best interest

13  of the child.

14         (b)  If applicable, the court shall specify how the

15  transportation costs will be allocated between the parents and

16  other persons entitled to contact, access, visitation, and

17  time-sharing and may adjust the child support award, as

18  appropriate, considering the costs of transportation and the

19  respective net incomes of the parents in accordance with state

20  child support guidelines.

21         (10)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary

22  hearing or nonjury trial on a pleading seeking temporary or

23  permanent relief filed under pursuant to this section shall be

24  accorded priority on the court's calendar.

25         (11)  APPLICABILITY.--

26         (a)  The provisions of This section applies apply:

27         1.  To orders entered before October 1, 2006, if the

28  existing order defining custody, primary residence, or

29  time-sharing visitation of or with the child does not

30  expressly govern the relocation of the child.

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         2.  To an order, whether temporary or permanent,

 2  regarding the parenting plan, custody, primary residence,

 3  time-sharing or visitation of or with the child entered on or

 4  after October 1, 2006.

 5         3.  To any relocation or proposed relocation, whether

 6  permanent or temporary, of a child during any proceeding

 7  pending on October 1, 2006, wherein the parenting plan,

 8  custody, primary residence, time-sharing or visitation of or

 9  with the child is an issue.

10         (b)  To the extent that a provision of this section

11  conflicts with an order existing on October 1, 2006, this

12  section does not apply to the terms of that order which

13  expressly govern relocation of the child or a change in the

14  principal residence address of a parent.

15         Section 9.  Paragraph (d) of subsection (3) of section

16  61.181, Florida Statutes, is amended to read:

17         61.181  Depository for alimony transactions, support,

18  maintenance, and support payments; fees.--

19         (3)

20         (d)  When time-sharing custody of a child is

21  relinquished by a custodial parent who is entitled to receive

22  child support moneys from the depository to a licensed or

23  registered long-term care child agency, that agency may

24  request from the court an order directing that child support

25  payments that which would otherwise be distributed to the

26  custodial parent be distributed to the agency for the period

27  of time that custody of the child is with by the agency.

28  Thereafter, payments shall be distributed to the agency as if

29  the agency were the custodial parent until further order of

30  the court.

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         Section 10.  Subsection (1) of section 61.1827, Florida

 2  Statutes, is amended to read:

 3         61.1827  Identifying information concerning applicants

 4  for and recipients of child support services.--

 5         (1)  Any information that reveals the identity of

 6  applicants for or recipients of child support services,

 7  including the name, address, and telephone number of such

 8  persons, held by a non-Title IV-D county child support

 9  enforcement agency is confidential and exempt from s.

10  119.07(1) and s. 24(a) of Art. I of the State Constitution.

11  The use or disclosure of such information by the non-Title

12  IV-D county child support enforcement agency is limited to the

13  purposes directly connected with:

14         (a)  Any investigation, prosecution, or criminal or

15  civil proceeding connected with the administration of any

16  non-Title IV-D county child support enforcement program;

17         (b)  Mandatory disclosure of identifying and location

18  information as provided in s. 61.13(7) s. 61.13(8) by the

19  non-Title IV-D county child support enforcement agency when

20  providing non-Title IV-D services;

21         (c)  Mandatory disclosure of information as required by

22  ss. 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of

23  the Social Security Act; or

24         (d)  Disclosure to an authorized person, as defined in

25  45 C.F.R. s. 303.15, for purposes of enforcing any state or

26  federal law with respect to the unlawful taking or restraint

27  of a child or making or enforcing a parenting plan child

28  custody or visitation determination. As used in this

29  paragraph, the term "authorized person" includes a

30  noncustodial parent, unless a court has entered an order under

31  s. 741.30, s. 741.31, or s. 784.046.


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    CS for SB 1896                           First Engrossed (ntc)



 1         Section 11.  Section 61.20, Florida Statutes, is

 2  amended to read:

 3         61.20  Social investigation and recommendations when a

 4  parenting plan child custody is at in issue.--

 5         (1)  In any action where the parenting plan custody of

 6  a minor child is at in issue, the court may order a social

 7  investigation and study concerning all pertinent details

 8  relating to the child and each parent when such an

 9  investigation has not been done and the study therefrom

10  provided to the court by the parties or when the court

11  determines that the investigation and study that have been

12  done are insufficient. The agency, staff, or person conducting

13  the investigation and study ordered by the court pursuant to

14  this section shall furnish the court and all parties of record

15  in the proceeding a written study containing recommendations,

16  including a written statement of facts found in the social

17  investigation on which the recommendations are based. The

18  court may consider the information contained in the study in

19  making a decision on the parenting plan, child's custody and

20  the technical rules of evidence do not exclude the study from

21  consideration.

22         (2)  A social investigation and study, when ordered by

23  the court, shall be conducted by qualified staff of the court;

24  a child-placing agency licensed pursuant to s. 409.175; a

25  psychologist licensed pursuant to chapter 490; or a clinical

26  social worker, marriage and family therapist, or mental health

27  counselor licensed pursuant to chapter 491.  If a

28  certification of indigence based on an affidavit filed with

29  the court pursuant to s. 57.081 is provided by an adult party

30  to the proceeding and the court does not have qualified staff

31  to perform the investigation and study, the court may request


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    CS for SB 1896                           First Engrossed (ntc)



 1  that the Department of Children and Family Services conduct

 2  the investigation and study.

 3         (3)  Except as to persons who obtain certification of

 4  indigence as specified in subsection (2), for whom no costs

 5  shall be incurred, the adult parties involved in a child

 6  custody proceeding to determine a parenting plan wherein the

 7  court has ordered the performance of a social investigation

 8  and study performed shall be responsible for the payment of

 9  the costs of such investigation and study. Upon submission of

10  the study to the court, the agency, staff, or person

11  performing the study shall include a bill for services, which

12  shall be taxed and ordered paid as costs in the proceeding.

13         Section 12.  Paragraph (c) of subsection (1) and

14  subsection (6) of section 61.21, Florida Statutes, are amended

15  to read:

16         61.21  Parenting course authorized; fees; required

17  attendance authorized; contempt.--

18         (1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding

19  of the Legislature that:

20         (c)  It has been found to be beneficial to parents who

21  are separating or divorcing to have available an educational

22  program that will provide general information regarding:

23         1.  The issues and legal procedures for resolving

24  time-sharing custody and child support disputes.

25         2.  The emotional experiences and problems of divorcing

26  adults.

27         3.  The family problems and the emotional concerns and

28  needs of the children.

29         4.  The availability of community services and

30  resources.

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         (6)  All parties to a modification of a final judgment

 2  involving a parenting plan or a time-sharing schedule shared

 3  parental responsibilities, custody, or visitation may be

 4  required to complete a court-approved parenting course prior

 5  to the entry of an order modifying the final judgment.

 6         Section 13.  Paragraph (a) of subsection (1), paragraph

 7  (b) of subsection (2), and subsections (7), (8), (11), and

 8  (17) of section 61.30, Florida Statutes, are amended to read:

 9         61.30  Child support guidelines; retroactive child

10  support.--

11         (1)(a)  The child support guideline amount as

12  determined by this section presumptively establishes the

13  amount the trier of fact shall order as child support in an

14  initial proceeding for such support or in a proceeding for

15  modification of an existing order for such support, whether

16  the proceeding arises under this or another chapter.  The

17  trier of fact may order payment of child support which varies,

18  plus or minus 5 percent, from the guideline amount, after

19  considering all relevant factors, including the needs of the

20  child or children, age, station in life, standard of living,

21  and the financial status and ability of each parent.  The

22  trier of fact may order payment of child support in an amount

23  which varies more than 5 percent from such guideline amount

24  only upon a written finding explaining why ordering payment of

25  such guideline amount would be unjust or inappropriate.

26  Notwithstanding the variance limitations of this section, the

27  trier of fact shall order payment of child support which

28  varies from the guideline amount as provided in paragraph

29  (11)(b) whenever any of the children are required by court

30  order or mediation agreement to spend a substantial amount of

31  time with both the primary and secondary residential parents.


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    CS for SB 1896                           First Engrossed (ntc)



 1  This requirement applies to any living arrangement, whether

 2  temporary or permanent.

 3         (2)  Income shall be determined on a monthly basis for

 4  the obligor and for the obligee as follows:

 5         (b)  Income on a monthly basis shall be imputed to an

 6  unemployed or underemployed parent when such employment or

 7  underemployment is found to be voluntary on that parent's

 8  part, absent physical or mental incapacity or other

 9  circumstances over which the parent has no control.  In the

10  event of such voluntary unemployment or underemployment, the

11  employment potential and probable earnings level of the parent

12  shall be determined based upon his or her recent work history,

13  occupational qualifications, and prevailing earnings level in

14  the community; however, the court may refuse to impute income

15  to a primary residential parent if the court finds it

16  necessary for the parent to stay home with the child.

17         (7)  Child care costs incurred on behalf of the

18  children due to employment, job search, or education

19  calculated to result in employment or to enhance income of

20  current employment of either parent shall be reduced by 25

21  percent and then shall be added to the basic obligation. After

22  the adjusted child care costs are added to the basic

23  obligation, any moneys prepaid by one the noncustodial parent

24  for child care costs for the child or children of this action

25  shall be deducted from that noncustodial parent's child

26  support obligation for that child or those children. Child

27  care costs may shall not exceed the level required to provide

28  quality care from a licensed source for the children.

29         (8)  Health insurance costs resulting from coverage

30  ordered pursuant to s. 61.13(1)(b), and any noncovered

31  medical, dental, and prescription medication expenses of the


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    CS for SB 1896                           First Engrossed (ntc)



 1  child, shall be added to the basic obligation unless these

 2  expenses have been ordered to be separately paid on a

 3  percentage basis. After the health insurance costs are added

 4  to the basic obligation, any moneys prepaid by the

 5  noncustodial parent for health-related costs for the child or

 6  children of this action shall be deducted from that

 7  noncustodial parent's child support obligation for that child

 8  or those children.

 9         (11)(a)  The court may adjust the minimum child support

10  award, or either or both parents' share of the minimum child

11  support award, based upon the following considerations:

12         1.  Extraordinary medical, psychological, educational,

13  or dental expenses.

14         2.  Independent income of the child, not to include

15  moneys received by a child from supplemental security income.

16         3.  The payment of support for a parent which regularly

17  has been paid and for which there is a demonstrated need.

18         4.  Seasonal variations in one or both parents' incomes

19  or expenses.

20         5.  The age of the child, taking into account the

21  greater needs of older children.

22         6.  Special needs, such as costs that may be associated

23  with the disability of a child, that have traditionally been

24  met within the family budget even though the fulfilling of

25  those needs will cause the support to exceed the proposed

26  guidelines.

27         7.  Total available assets of the obligee, obligor, and

28  the child.

29         8.  The impact of the Internal Revenue Service

30  dependency exemption and waiver of that exemption. The court

31  may order one the primary residential parent to execute a


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    CS for SB 1896                           First Engrossed (ntc)



 1  waiver of the Internal Revenue Service dependency exemption if

 2  the paying noncustodial parent is current in support payments.

 3         9.  When application of the child support guidelines

 4  requires a person to pay another person more than 55 percent

 5  of his or her gross income for a child support obligation for

 6  current support resulting from a single support order.

 7         10.  The particular parenting plan and time-sharing

 8  shared parental arrangement, such as where the child spends a

 9  significant amount of time, but less than 40 percent of the

10  overnights, with one the noncustodial parent, thereby reducing

11  the financial expenditures incurred by the other primary

12  residential parent; or the refusal of a the noncustodial

13  parent to become involved in the activities of the child.

14         11.  Any other adjustment which is needed to achieve an

15  equitable result which may include, but not be limited to, a

16  reasonable and necessary existing expense or debt.  Such

17  expense or debt may include, but is not limited to, a

18  reasonable and necessary expense or debt which the parties

19  jointly incurred during the marriage.

20         (b)  Whenever a particular time-sharing shared parental

21  arrangement provides that each child spend a substantial

22  amount of time with each parent, the court shall adjust any

23  award of child support, as follows:

24         1.  In accordance with subsections (9) and (10),

25  calculate the amount of support obligation apportioned to each

26  the noncustodial parent without including day care and health

27  insurance costs in the calculation and multiply the amount by

28  1.5.

29         2.  In accordance with subsections (9) and (10),

30  calculate the amount of support obligation apportioned to the

31  custodial parent without including day care and health


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    CS for SB 1896                           First Engrossed (ntc)



 1  insurance costs in the calculation and multiply the amount by

 2  1.5.

 3         2.3.  Calculate the percentage of overnight stays the

 4  child spends with each parent.

 5         3.4.  Multiply each the noncustodial parent's support

 6  obligation as calculated in subparagraph 1. by the percentage

 7  of the custodial parent's overnight stays with the child as

 8  calculated in subparagraph 2. 3.

 9         5.  Multiply the custodial parent's support obligation

10  as calculated in subparagraph 2. by the percentage of the

11  noncustodial parent's overnight stays with the child as

12  calculated in subparagraph 3.

13         4.6.  The difference between the amounts calculated in

14  subparagraphs 3. 4. and 4. 5. shall be the monetary transfer

15  necessary between the custodial and noncustodial parents for

16  the care of the child, subject to an adjustment for day care

17  and health insurance expenses.

18         5.7.  Pursuant to subsections (7) and (8), calculate

19  the net amounts owed by the custodial and noncustodial parents

20  for the expenses incurred for day care and health insurance

21  coverage for the child. Day care shall be calculated without

22  regard to the 25-percent reduction applied by subsection (7).

23         6.8.  Adjust the support obligation owed by the

24  custodial or noncustodial parent pursuant to subparagraph 4.

25  6. by crediting or debiting the amount calculated in

26  subparagraph 5. 7. This amount represents the child support

27  which must be exchanged between the custodial and noncustodial

28  parents.

29         7.9.  The court may deviate from the child support

30  amount calculated pursuant to subparagraph 6. 8. based upon

31  the considerations set forth in paragraph (a), as well as


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    CS for SB 1896                           First Engrossed (ntc)



 1  either the custodial parent's low income and ability to

 2  maintain the basic necessities of the home for the child, the

 3  likelihood that either the noncustodial parent will actually

 4  exercise the time-sharing visitation granted by the court, and

 5  whether all of the children are exercising the same

 6  time-sharing shared parental arrangement.

 7         8.10.  For purposes of adjusting any award of child

 8  support under this paragraph, "substantial amount of time"

 9  means that the parents divide time with the child on at least

10  a 60-percent to 40-percent division noncustodial parent

11  exercises visitation at least 40 percent of the overnights of

12  the year.

13         (c)  A noncustodial parent's failure to regularly

14  exercise court-ordered or agreed time-sharing visitation not

15  caused by the other custodial parent which resulted in the

16  adjustment of the amount of child support pursuant to

17  subparagraph (a)10. or paragraph (b) shall be deemed a

18  substantial change of circumstances for purposes of modifying

19  the child support award. A modification pursuant to this

20  paragraph is shall be retroactive to the date the noncustodial

21  parent first failed to regularly exercise court-ordered or

22  agreed time-sharing visitation.

23         (17)  In an initial determination of child support,

24  whether in a paternity action, dissolution of marriage action,

25  or petition for support during the marriage, the court has

26  discretion to award child support retroactive to the date when

27  the parents did not reside together in the same household with

28  the child, not to exceed a period of 24 months preceding the

29  filing of the petition, regardless of whether that date

30  precedes the filing of the petition.  In determining the

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1  retroactive award in such cases, the court shall consider the

 2  following:

 3         (a)  The court shall apply the guidelines in effect at

 4  the time of the hearing subject to the obligor's demonstration

 5  of his or her actual income, as defined by subsection (2),

 6  during the retroactive period.  Failure of the obligor to so

 7  demonstrate shall result in the court using the obligor's

 8  income at the time of the hearing in computing child support

 9  for the retroactive period.

10         (b)  The court shall consider the time-sharing

11  arrangement exercised by the parents during the separation

12  period in determining the appropriate percentage of overnights

13  exercised by each parent so as to apply the substantial

14  time-sharing method of calculating support according to

15  paragraph (11)(b), if appropriate.

16         (c)(b)  All actual payments made by one the

17  noncustodial parent to the other custodial parent or the child

18  or third parties for the benefit of the child throughout the

19  proposed retroactive period.

20         (d)(c)  The court should consider an installment

21  payment plan for the payment of retroactive child support.

22         Section 14.  Section 61.401, Florida Statutes, is

23  amended to read:

24         61.401  Appointment of guardian ad litem.--In an action

25  involving a parenting plan or a time-sharing schedule for

26  dissolution of marriage, modification, parental

27  responsibility, custody, or visitation, if the court finds it

28  is in the best interest of the child, the court may appoint a

29  guardian ad litem to act as next friend of the child,

30  investigator or evaluator, not as attorney or advocate. The

31  court in its discretion may also appoint legal counsel for a


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    CS for SB 1896                           First Engrossed (ntc)



 1  child to act as attorney or advocate; however, the guardian

 2  and the legal counsel shall not be the same person. In such

 3  actions which involve an allegation of child abuse,

 4  abandonment, or neglect as defined in s. 39.01, which

 5  allegation is verified and determined by the court to be

 6  well-founded, the court shall appoint a guardian ad litem for

 7  the child. The guardian ad litem shall be a party to any

 8  judicial proceeding from the date of the appointment until the

 9  date of discharge.

10         Section 15.  Section 61.45, Florida Statutes, is

11  amended to read:

12         61.45  Court-ordered parenting plan Court order of

13  visitation or custody; risk of violation; bond.--

14         (1)  In a proceeding in which the court enters a

15  parenting plan, including a time-sharing schedule an order of

16  child custody or visitation, including in a modification

17  proceeding, upon the presentation of competent substantial

18  evidence that there is a risk that one party may violate the

19  court's parenting plan order of visitation or custody by

20  removing a child from this state or country or by concealing

21  the whereabouts of a child, or upon stipulation of the

22  parties, the court may:

23         (a)  Order that a parent may not remove the child from

24  this state without the notarized written permission of both

25  parents or further court order;

26         (b)  Order that a parent may not remove the child from

27  this country without the notarized written permission of both

28  parents or further court order;

29         (c)  Order that a parent may not take the child to a

30  country that has not ratified or acceded to the Hague

31  Convention on the Civil Aspects of International Child


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    CS for SB 1896                           First Engrossed (ntc)



 1  Abduction unless the other parent agrees in writing that the

 2  child may be taken to the country;

 3         (d)  Require a parent to surrender the passport of the

 4  child; or

 5         (e)  Require that party to post bond or other security.

 6         (2)  If the court enters a parenting plan an order of

 7  child custody or visitation, including in a modification

 8  proceeding, that includes a provision entered under paragraph

 9  (1)(b) or paragraph (1)(c), a certified copy of the order

10  should be sent by the parent who requested the restriction to

11  the Passport Services Office of the United States Department

12  of State requesting that they not issue a passport to the

13  child without their signature or further court order.

14         (3)  In assessing the need for a bond or other

15  security, the court may consider any reasonable factor bearing

16  upon the risk that a party may violate a parenting plan

17  visitation or custody order by removing a child from this

18  state or country or by concealing the whereabouts of a child,

19  including but not limited to whether:

20         (a)  A court has previously found that a party

21  previously removed a child from Florida or another state in

22  violation of a parenting plan custody or visitation order, or

23  whether a court had found that a party has threatened to take

24  a child out of Florida or another state in violation of a

25  parenting plan custody or visitation order;

26         (b)  The party has strong family and community ties to

27  Florida or to other states or countries, including whether the

28  party or child is a citizen of another country;

29         (c)  The party has strong financial reasons to remain

30  in Florida or to relocate to another state or country;

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1         (d)  The party has engaged in activities that suggest

 2  plans to leave Florida, such as quitting employment; sale of a

 3  residence or termination of a lease on a residence, without

 4  efforts to acquire an alternative residence in the state;

 5  closing bank accounts or otherwise liquidating assets; or

 6  applying for a passport;

 7         (e)  Either party has had a history of domestic

 8  violence as either a victim or perpetrator, child abuse or

 9  child neglect evidenced by criminal history, including but not

10  limited to, arrest, an injunction for protection against

11  domestic violence issued after notice and hearing under s.

12  741.30, medical records, affidavits, or any other relevant

13  information; or

14         (f)  The party has a criminal record.

15         (4)  The court must consider the party's financial

16  resources prior to setting the bond amount under this section.

17  Under no circumstances may the court set a bond that is

18  unreasonable.

19         (5)  Any deficiency of bond or security shall not

20  absolve the violating party of responsibility to pay the full

21  amount of damages determined by the court.

22         (6)(a)  Upon a material violation of any parenting plan

23  custody or visitation order by removing a child from this

24  state or this country or by concealing the whereabouts of a

25  child, the court may order the bond or other security

26  forfeited in whole or in part.

27         (b)  This section, including the requirement to post a

28  bond or other security, does not apply to a parent who, in a

29  proceeding to order or modify a parenting plan or time-sharing

30  schedule, is determined by the court to be child custody or

31  visitation, the court determines is a victim of an act of


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    CS for SB 1896                           First Engrossed (ntc)



 1  domestic violence or provides the court with has reasonable

 2  cause to believe that he or she is about to become the victim

 3  of an act of domestic violence, as defined in s. 741.28. An

 4  injunction for protection against domestic violence issued

 5  pursuant to s. 741.30 for a parent as the petitioner which is

 6  in effect at the time of the court proceeding shall be one

 7  means of demonstrating sufficient evidence that the parent is

 8  a victim of domestic violence or is about to become the victim

 9  of an act of domestic violence, as defined in s. 741.28, and

10  shall exempt the parent from this section, including the

11  requirement to post a bond or other security. A parent who is

12  determined by the court to be exempt from the requirements of

13  this section must meet the requirements of s. 787.03(6) if an

14  offense of interference with the parenting plan or

15  time-sharing schedule custody is committed.

16         (7)(a)  Upon an order of forfeiture, the proceeds of

17  any bond or other security posted pursuant to this subsection

18  may only be used to:

19         1.  Reimburse the nonviolating party for actual costs

20  or damages incurred in upholding the court's parenting plan

21  order of custody or visitation.

22         2.  Locate and return the child to the residence as set

23  forth in the parenting plan visitation or custody order.

24         3.  Reimburse reasonable fees and costs as determined

25  by the court.

26         (b)  Any remaining proceeds shall be held as further

27  security if deemed necessary by the court, and if further

28  security is not found to be necessary; applied to any child

29  support arrears owed by the parent against whom the bond was

30  required, and if no arrears exists; all remaining proceeds

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1  will be allocated by the court in the best interest of the

 2  child.

 3         (8)  At any time after the forfeiture of the bond or

 4  other security, the party who posted the bond or other

 5  security, or the court on its own motion may request that the

 6  party provide documentation substantiating that the proceeds

 7  received as a result of the forfeiture have been used solely

 8  in accordance with this subsection.  Any party using such

 9  proceeds for purposes not in accordance with this section may

10  be found in contempt of court.

11         Section 16.  Paragraphs (b) and (c) of subsection (3)

12  of section 741.0306, Florida Statutes, are amended to read:

13         741.0306  Creation of a family law handbook.--

14         (3)  The information contained in the handbook or other

15  electronic media presentation may be reviewed and updated

16  annually, and may include, but need not be limited to:

17         (b)  Shared parental responsibility for children and;

18  the determination of a parenting plan including a time-sharing

19  schedule primary residence or custody and secondary residence

20  or routine visitation, holiday, summer, and vacation

21  visitation arrangements, telephone access, and the process for

22  notice for changes.

23         (c)  Permanent relocation restrictions on parents with

24  primary residential responsibility.

25         Section 17.  Paragraphs (b) and (d) of subsection (3),

26  paragraph (a) of subsection (5), and paragraph (a) of

27  subsection (6) of section 741.30, Florida Statutes, are

28  amended to read:

29         741.30  Domestic violence; injunction; powers and

30  duties of court and clerk; petition; notice and hearing;

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1  temporary injunction; issuance of injunction; statewide

 2  verification system; enforcement.--

 3         (3)

 4         (b)  The sworn petition shall be in substantially the

 5  following form:

 6  

 7                           PETITION FOR

 8                    INJUNCTION FOR PROTECTION

 9                    AGAINST DOMESTIC VIOLENCE

10  

11  Before me, the undersigned authority, personally appeared

12  Petitioner ...(Name)..., who has been sworn and says that the

13  following statements are true:

14         (a)  Petitioner resides at: ...(address)...

15         (Petitioner may furnish address to the court in a

16  separate confidential filing if, for safety reasons, the

17  petitioner requires the location of the current residence to

18  be confidential.)

19         (b)  Respondent resides at: ...(last known address)...

20         (c)  Respondent's last known place of employment:

21  ...(name of business and address)...

22         (d)  Physical description of respondent: ....

23         Race....

24         Sex....

25         Date of birth....

26         Height....

27         Weight....

28         Eye color....

29         Hair color....

30         Distinguishing marks or scars....

31         (e)  Aliases of respondent: ....


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    CS for SB 1896                           First Engrossed (ntc)



 1         (f)  Respondent is the spouse or former spouse of the

 2  petitioner or is any other person related by blood or marriage

 3  to the petitioner or is any other person who is or was

 4  residing within a single dwelling unit with the petitioner, as

 5  if a family, or is a person with whom the petitioner has a

 6  child in common, regardless of whether the petitioner and

 7  respondent are or were married or residing together, as if a

 8  family.

 9         (g)  The following describes any other cause of action

10  currently pending between the petitioner and respondent: .....

11  ..............................................................

12         The petitioner should also describe any previous or

13  pending attempts by the petitioner to obtain an injunction for

14  protection against domestic violence in this or any other

15  circuit, and the results of that attempt......................

16  ..............................................................

17  Case numbers should be included if available.

18         (h)  Petitioner is either a victim of domestic violence

19  or has reasonable cause to believe he or she is in imminent

20  danger of becoming a victim of domestic violence because

21  respondent has ....(mark all sections that apply and describe

22  in the spaces below the incidents of violence or threats of

23  violence, specifying when and where they occurred, including,

24  but not limited to, locations such as a home, school, place of

25  employment, or visitation exchange)....: .....................

26         ....committed or threatened to commit domestic violence

27  defined in s. 741.28, Florida Statutes, as any assault,

28  aggravated assault, battery, aggravated battery, sexual

29  assault, sexual battery, stalking, aggravated stalking,

30  kidnapping, false imprisonment, or any criminal offense

31  resulting in physical injury or death of one family or


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    CS for SB 1896                           First Engrossed (ntc)



 1  household member by another. With the exception of persons who

 2  are parents of a child in common, the family or household

 3  members must be currently residing or have in the past resided

 4  together in the same single dwelling unit.

 5         ....previously threatened, harassed, stalked, or

 6  physically abused the petitioner.

 7         ....attempted to harm the petitioner or family members

 8  or individuals closely associated with the petitioner.

 9         ....threatened to conceal, kidnap, or harm the

10  petitioner's child or children.

11         ....intentionally injured or killed a family pet.

12         ....used, or has threatened to use, against the

13  petitioner any weapons such as guns or knives.

14         ....physically restrained the petitioner from leaving

15  the home or calling law enforcement.

16         ....a criminal history involving violence or the threat

17  of violence (if known).

18         ....another order of protection issued against him or

19  her previously or from another jurisdiction (if known).

20         ....destroyed personal property, including, but not

21  limited to, telephones or other communication equipment,

22  clothing, or other items belonging to the petitioner.

23         ....engaged in any other behavior or conduct that leads

24  the petitioner to have reasonable cause to believe he or she

25  is in imminent danger of becoming a victim of domestic

26  violence.

27         (i)  Petitioner alleges the following additional

28  specific facts: (mark appropriate sections)

29         ....A minor child or minor children reside with the

30  petitioner is the custodian of a minor child or children whose

31  names and ages are as follows: ...............................


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    CS for SB 1896                           First Engrossed (ntc)



 1  ..............................................................

 2         ....Petitioner needs the exclusive use and possession

 3  of the dwelling that the parties share.

 4         ....Petitioner is unable to obtain safe alternative

 5  housing because: .............................................

 6         ....Petitioner genuinely fears that respondent

 7  imminently will abuse, remove, or hide the minor child or

 8  children from petitioner because: ............................

 9  ..............................................................

10         (j)  Petitioner genuinely fears imminent domestic

11  violence by respondent.

12         (k)  Petitioner seeks an injunction: (mark appropriate

13  section or sections)

14         ....Immediately restraining the respondent from

15  committing any acts of domestic violence.

16         ....Restraining the respondent from committing any acts

17  of domestic violence.

18         ....Awarding to the petitioner the temporary exclusive

19  use and possession of the dwelling that the parties share or

20  excluding the respondent from the residence of the petitioner.

21         ....Providing a temporary parenting plan, including a

22  temporary time-sharing schedule Awarding temporary custody of,

23  or temporary visitation rights with regard to, the minor child

24  or children of the parties which might involve, or prohibiting

25  or limiting time-sharing or requiring that it be visitation to

26  that which is supervised by a third party.

27         ....Establishing temporary support for the minor child

28  or children or the petitioner.

29         ....Directing the respondent to participate in a

30  batterers' intervention program or other treatment pursuant to

31  s. 39.901, Florida Statutes.


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    CS for SB 1896                           First Engrossed (ntc)



 1         ....Providing any terms the court deems necessary for

 2  the protection of a victim of domestic violence, or any minor

 3  children of the victim, including any injunctions or

 4  directives to law enforcement agencies.

 5         (d)  If the sworn petition seeks to determine a

 6  parenting plan and time-sharing schedule issues of custody or

 7  visitation with regard to the minor child or children of the

 8  parties, the sworn petition shall be accompanied by or shall

 9  incorporate the allegations required by s. 61.522 of the

10  Uniform Child Custody Jurisdiction and Enforcement Act.

11         (5)(a)  When it appears to the court that an immediate

12  and present danger of domestic violence exists, the court may

13  grant a temporary injunction ex parte, pending a full hearing,

14  and may grant such relief as the court deems proper, including

15  an injunction:

16         1.  Restraining the respondent from committing any acts

17  of domestic violence.

18         2.  Awarding to the petitioner the temporary exclusive

19  use and possession of the dwelling that the parties share or

20  excluding the respondent from the residence of the petitioner.

21         3.  On the same basis as provided in s. 61.13,

22  providing the petitioner with 100 percent of the time-sharing

23  that shall remain granting to the petitioner temporary custody

24  of a minor child. An order of temporary custody remains in

25  effect until the order expires or an order is entered by a

26  court of competent jurisdiction in a pending or subsequent

27  civil action or proceeding affecting the placement of, access

28  to, parental time with, adoption of, or parental rights and

29  responsibilities for the minor child.

30         (6)(a)  Upon notice and hearing, when it appears to the

31  court that the petitioner is either the victim of domestic


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    CS for SB 1896                           First Engrossed (ntc)



 1  violence as defined by s. 741.28 or has reasonable cause to

 2  believe he or she is in imminent danger of becoming a victim

 3  of domestic violence, the court may grant such relief as the

 4  court deems proper, including an injunction:

 5         1.  Restraining the respondent from committing any acts

 6  of domestic violence.

 7         2.  Awarding to the petitioner the exclusive use and

 8  possession of the dwelling that the parties share or excluding

 9  the respondent from the residence of the petitioner.

10         3.  On the same basis as provided in chapter 61,

11  providing the petitioner with 100 percent of the time-sharing

12  in a temporary parenting plan that shall remain awarding

13  temporary custody of, or temporary visitation rights with

14  regard to, a minor child or children of the parties. An order

15  of temporary custody or visitation remains in effect until the

16  order expires or an order is entered by a court of competent

17  jurisdiction in a pending or subsequent civil action or

18  proceeding affecting the placement of, access to, parental

19  time with, adoption of, or parental rights and

20  responsibilities for the minor child.

21         4.  On the same basis as provided in chapter 61,

22  establishing temporary support for a minor child or children

23  or the petitioner. An order of temporary support remains in

24  effect until the order expires or an order is entered by a

25  court of competent jurisdiction in a pending or subsequent

26  civil action or proceeding affecting child support.

27         5.  Ordering the respondent to participate in

28  treatment, intervention, or counseling services to be paid for

29  by the respondent. When the court orders the respondent to

30  participate in a batterers' intervention program, the court,

31  or any entity designated by the court, must provide the


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    CS for SB 1896                           First Engrossed (ntc)



 1  respondent with a list of all certified batterers'

 2  intervention programs and all programs which have submitted an

 3  application to the Department of Children and Family Services

 4  to become certified under s. 741.32, from which the respondent

 5  must choose a program in which to participate. If there are no

 6  certified batterers' intervention programs in the circuit, the

 7  court shall provide a list of acceptable programs from which

 8  the respondent must choose a program in which to participate.

 9         6.  Referring a petitioner to a certified domestic

10  violence center. The court must provide the petitioner with a

11  list of certified domestic violence centers in the circuit

12  which the petitioner may contact.

13         7.  Ordering such other relief as the court deems

14  necessary for the protection of a victim of domestic violence,

15  including injunctions or directives to law enforcement

16  agencies, as provided in this section.

17         Section 18.  Subsections (1) and (2) of section

18  742.031, Florida Statutes, are amended to read:

19         742.031  Hearings; court orders for support, hospital

20  expenses, and attorney's fee.--

21         (1)  Hearings for the purpose of establishing or

22  refuting the allegations of the complaint and answer shall be

23  held in the chambers and may be restricted to persons, in

24  addition to the parties involved and their counsel, as the

25  judge in his or her discretion may direct.  The court shall

26  determine the issues of paternity of the child and the ability

27  of the parents to support the child.  Each party's social

28  security number shall be recorded in the file containing the

29  adjudication of paternity. If the court finds that the alleged

30  father is the father of the child, it shall so order.  If

31  appropriate, the court shall order the father to pay the


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    CS for SB 1896                           First Engrossed (ntc)



 1  complainant, her guardian, or any other person assuming

 2  responsibility for the child moneys sufficient to pay

 3  reasonable attorney's fees, hospital or medical expenses, cost

 4  of confinement, and any other expenses incident to the birth

 5  of the child and to pay all costs of the proceeding.  Bills

 6  for pregnancy, childbirth, and scientific testing are

 7  admissible as evidence without requiring third-party

 8  foundation testimony, and shall constitute prima facie

 9  evidence of amounts incurred for such services or for testing

10  on behalf of the child.  The court shall order either or both

11  parents owing a duty of support to the child to pay support

12  pursuant to s. 61.30.  The court shall issue, upon motion by a

13  party, a temporary order requiring the provision of child

14  support pursuant to s. 61.30 pending an administrative or

15  judicial determination of parentage, if there is clear and

16  convincing evidence of paternity on the basis of genetic tests

17  or other evidence. The court may also make a determination of

18  an appropriate parenting plan, including a time-sharing

19  schedule as to the parental responsibility and residential

20  care and custody of the minor children in accordance with

21  chapter 61.

22         (2)  If a judgment of paternity contains only a child

23  support award with no parenting plan or time-sharing schedule,

24  the obligee parent shall receive all of the time-sharing and

25  sole parental responsibility no explicit award of custody, the

26  establishment of a support obligation or of visitation rights

27  in one parent shall be considered a judgment granting primary

28  residential care and custody to the other parent without

29  prejudice to the obligor parent. If a paternity judgment

30  contains no such provisions, custody shall be presumed to be

31  


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    CS for SB 1896                           First Engrossed (ntc)



 1  with the mother shall be presumed to have all of the

 2  time-sharing and sole parental responsibility.

 3         Section 19.  For the purpose of incorporating the

 4  amendments made by this act to section 741.30, Florida

 5  Statutes, in a reference thereto, paragraph (a) of subsection

 6  (3) of section 61.1825, Florida Statutes, is reenacted to

 7  read:

 8         61.1825  State Case Registry.--

 9         (3)(a)  For the purpose of this section, a family

10  violence indicator must be placed on a record when:

11         1.  A party executes a sworn statement requesting that

12  a family violence indicator be placed on that party's record

13  which states that the party has reason to believe that release

14  of information to the Federal Case Registry may result in

15  physical or emotional harm to the party or the child; or

16         2.  A temporary or final injunction for protection

17  against domestic violence has been granted pursuant to s.

18  741.30(6), an injunction for protection against domestic

19  violence has been issued by a court of a foreign state

20  pursuant to s. 741.315, or a temporary or final injunction for

21  protection against repeat violence has been granted pursuant

22  to s. 784.046; or

23         3.  The department has received information on a Title

24  IV-D case from the Domestic Violence and Repeat Violence

25  Injunction Statewide Verification System, established pursuant

26  to s. 784.046(8)(b), that a court has granted a party a

27  domestic violence or repeat violence injunction.

28         Section 20.  Section 61.121, Florida Statutes, is

29  repealed.

30         Section 21.  This act shall take effect upon becoming a

31  law.


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