HB 435

1	A bill to be entitled
2	An act relating to rights of military personnel; amending
3	ss. 61.076, 63.032, 250.01, 250.82, 250.83, and
4	250.84,F.S.; conforming provisions to the redesignation of
5	the Soldiers' and Sailors' Civil Relief Act as the
6	Servicemembers Civil Relief Act; amending s. 250.80, F.S.,
7	conforming provisions to the creation of s. 250.85, F.S.;
8	creating s. 250.85, F.S.; prohibiting modification of
9	child custody of a parent activated to military service;
10	providing exceptions; providing for effect on specified
11	proceedings of a parent's failure to comply with certain
12	orders due to activation to military service and
13	deployment out of state; providing an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Paragraph (b) of subsection (2) of section
18	61.076, Florida Statutes, is amended to read:
19	61.076  Distribution of retirement plans upon dissolution
20	of marriage.--
21	(2)  If the parties were married for at least 10 years,
22	during which at least one of the parties who was a member of the
23	federal uniformed services performed at least 10 years of
24	creditable service, and if the division of marital property
25	includes a division of uniformed services retired or retainer
26	pay, the final judgment shall include the following:
27	(b)  Certification that the Servicemembers Soldiers' and
28	Sailors' Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et
29	seq. of 1940 was observed if the decree was issued while the
30	member was on active duty and was not represented in court;
31	Section 2.  Subsection (17) of section 63.032, Florida
32	Statutes, is amended to read:
33	63.032  Definitions.--As used in this chapter, the term:
34	(17)  "Primarily lives and works outside Florida" means a
35	person who lives and works outside this state at least 6 months
36	of the year, military personnel who designate Florida as their
37	place of residence in accordance with the Servicemembers
38	Soldiers' and Sailors' Civil Relief Act, Title 50, Appendix
39	U.S.C. ss. 501 et seq. of 1940, or employees of the United
40	States Department of State living in a foreign country who
41	designate a state other than Florida as their place of
42	residence.
43	Section 3.  Subsection (20) of section 250.01, Florida
44	Statutes, is amended to read:
45	250.01  Definitions.--As used in this chapter, the term:
46	(20)  "SCRA" "SSCRA" means the Servicemembers Soldiers' and
47	Sailors' Civil Relief Act, Title 50, Appendix U.S.C. ss. 501 et
48	seq.
49	Section 4.  Section 250.80, Florida Statutes, is amended to
50	read:
51	250.80  Short title Popular name.--This part Sections
52	250.80-250.84 may be cited as known by the popular name the
53	"Florida Uniformed Servicemembers Protection Act."
54	Section 5.  Subsection (1) of section 250.82, Florida
55	Statutes, is amended to read:
56	250.82  Applicability of federal law.--
57	(1)  Florida law provides certain protections to members of
58	the United States Armed Forces, the United States Reserve
59	Forces, and the Florida National Guard in various legal
60	proceedings and contractual relationships. In addition to these
61	state provisions, federal law also contains protections, such as
62	those provided in the Servicemembers Soldiers' and Sailors'
63	Civil Relief Act (SCRA) (SSCRA), Title 50, Appendix U.S.C. ss.
64	501 et seq., and the Uniformed Services Employment and
65	Reemployment Rights Act (USERRA), Title 38 United States Code,
66	chapter 43, that are applicable to members in every state even
67	though such provisions are not specifically identified under
68	state law.
69	Section 6.  Section 250.83, Florida Statutes, is amended to
70	read:
71	250.83  Construction of part.--In the event that any other
72	provision of law conflicts with SCRA SSCRA, USERRA, or the
73	provisions of this chapter, the provisions of SCRA SSCRA,
74	USERRA, or the provisions of this chapter, whichever is
75	applicable, shall control. Nothing in this part shall construe
76	rights or responsibilities not provided under the SCRA SSCRA,
77	USERRA, or this chapter.
78	Section 7.  Paragraph (b) of subsection (3) of section
79	250.84, Florida Statutes, is amended to read:
80	250.84  Florida Uniformed Servicemembers Protection Act;
81	rights of servicemembers; incorporation by reference.--
82	(3)  Such documents containing the rights and
83	responsibilities of servicemembers set forth in this act shall
84	include an enumeration of all rights and responsibilities under
85	state and federal law, including, but not limited to:
86	(b)  The rights and responsibilities provided by the
87	Servicemembers Soldiers' and Sailors' Civil Relief Act.
88	Section 8.  Section 250.85, Florida Statutes, is created to
89	read:
90	250.85  Child custody modification.--
91	(1)  If a motion for change of child custody is filed
92	during the time a parent is activated to military service, the
93	court shall not issue an order or modify or amend a previous
94	judgment or order that changes a child's placement that existed
95	on the date the parent was activated to military service, except
96	that a court may enter a temporary order to modify or amend such
97	custody if there is clear and convincing evidence that the
98	modification or amendment is in the best interest of the child.
99	If such a temporary order is issued, the court shall reinstate
100	the custody order in effect immediately preceding that period of
101	active military service upon the parent's return from active
102	military service.
103	(2)  A parent's absence, relocation, or failure to comply
104	with custody and visitation orders shall not, by itself, be
105	sufficient to justify a modification of a custody or visitation
106	order if the reason for the absence, relocation, or failure to
107	comply is the parent's activation to military service and
108	deployment out of state.
109	Section 9.  This act shall take effect July 1, 2007.

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