| 1 | Representative(s) Sachs offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Subsections (6) through (20) of section 61.046, |
| 6 | Florida Statutes, are renumbered as subsections (7) through |
| 7 | (21), respectively, and a new subsection (6) is added to that |
| 8 | section to read: |
| 9 | 61.046 Definitions.--As used in this chapter: |
| 10 | (6) "Electronic communication" means contact, other than |
| 11 | face-to-face contact, facilitated by tools such as telephones, |
| 12 | electronic mail (e-mail), web cams, video-conferencing equipment |
| 13 | and software or other wired or wireless technologies, or other |
| 14 | means of communication to supplement face-to-face contact |
| 15 | between a parent and that parent's minor child. |
| 16 | Section 2. Section 61.13002, Florida Statutes, is created |
| 17 | to read: |
| 18 | 61.13002 Court-ordered electronic communication between a |
| 19 | parent and a child.-- |
| 20 | (1)(a) In connection with proceedings under this chapter, |
| 21 | a court may order electronic communication between a parent and |
| 22 | a child. Before ordering electronic communication, a court must |
| 23 | consider: |
| 24 | 1. Whether electronic communication is in a child's best |
| 25 | interests; |
| 26 | 2. Whether communication equipment and technology to |
| 27 | provide electronic communication is reasonably available, |
| 28 | accessible, and affordable; |
| 29 | 3. Each parent's history of substance abuse or domestic |
| 30 | violence; and |
| 31 | 4. Any other factor that the court considers material. |
| 32 | (b) Notwithstanding paragraph (a), a rebuttable |
| 33 | presumption is created providing that it is in the best |
| 34 | interests of a child for a parent and child to have reasonable |
| 35 | telephone communication. Unless this presumption is rebutted, |
| 36 | the court shall order telephone communication. |
| 37 | (c) The court may set safeguards or guidelines for |
| 38 | electronic communication. |
| 39 | (2) If the court finds that one or both parents will incur |
| 40 | additional costs in order to implement electronic communication |
| 41 | with the child, the court shall allocate such expenses arising |
| 42 | solely from the electronic communication between the parents |
| 43 | after considering the respective parent's financial |
| 44 | circumstances. |
| 45 | (3) If the court enters an order granting electronic |
| 46 | communication, each parent shall furnish the other parent with |
| 47 | the access information necessary to facilitate electronic |
| 48 | communication. Each parent shall notify the other parent of any |
| 49 | change in the access information within 7 days after the change. |
| 50 | (4) Electronic communication may be used only to |
| 51 | supplement a parent's face-to-face contact with his or her minor |
| 52 | child. Electronic communication may not be used to replace or as |
| 53 | a substitute for face-to-face contact. |
| 54 | (5) A party to a child custody order that does not |
| 55 | prohibit electronic communication may move a court to order |
| 56 | electronic communication. Such a party need not prove a |
| 57 | substantial change in circumstances. |
| 58 | (6) The court may not consider the availability of |
| 59 | electronic communication as the sole determinative factor when |
| 60 | considering relocation. |
| 61 | (7) The extent or amount of time that electronic |
| 62 | communication with the child is ordered under s. 61.13 may not |
| 63 | be used as a factor when the court calculates child support. |
| 64 | (8) This section does not apply to any judgment or order |
| 65 | issued before October 1, 2007. |
| 66 | Section 3. This act shall take effect October 1, 2007. |
| 67 |
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| 68 | ======= T I T L E A M E N D M E N T ========== |
| 69 | Remove the entire title and insert: |
| 70 | A bill to be entitled |
| 71 | An act relating to the use of technology to supplement |
| 72 | visitation; amending s. 61.046, F.S.; defining the term |
| 73 | "electronic communication"; creating s. 61.13002, F.S.; |
| 74 | authorizing a court to order electronic communication between a |
| 75 | parent and a child; specifying factors a court must consider |
| 76 | before ordering electronic communication; creating a rebuttable |
| 77 | presumption in favor of telephone communication; requiring each |
| 78 | parent to furnish the other parent with information necessary to |
| 79 | facilitate electronic communication; declaring that electronic |
| 80 | communication may be used only to supplement, not supplant, a |
| 81 | parent's face-to-face contact with his or her child; authorizing |
| 82 | a person to seek court-ordered electronic communication without |
| 83 | proving a substantial change in circumstances; prohibiting the |
| 84 | consideration of electronic communication as a factor in |
| 85 | determining child support; providing applicability; providing an |
| 86 | effective date. |