Amendment
Bill No. 0863

Amendment No. 421101

CHAMBER ACTION
Senate		House
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1	Representative(s) Frishe offered the following:
2
3	Amendment to Amendment (038815) (with directory and title
4	amendments)
5	Remove lines 5-15 and insert:
6	Section 1.  Chapter 61, Florida Statutes, entitled
7	"DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY" is retitled as
8	"DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING."
9	Section 2.  Section 61.046, Florida Statutes, is amended to
10	read:
11	61.046  Definitions.--As used in this chapter:
12	(1)  "Business day" means any day other than a Saturday,
13	Sunday, or legal holiday.
14	(2)  "Clerk of Court Child Support Collection System" or
15	"CLERC System" means the automated system established pursuant
16	to s. 61.181(2)(b)1., integrating all clerks of court and
17	depositories and through which payment data and State Case
18	Registry data is transmitted to the department's automated child
19	support enforcement system.
20	(3)  "Custodial parent" or "primary residential parent"
21	means the parent with whom the child maintains his or her
22	primary residence.
23	(3)(4)  "Department" means the Department of Revenue.
24	(4)(5)  "Depository" means the central governmental
25	depository established pursuant to s. 61.181, created by special
26	act of the Legislature or other entity established before June
27	1, 1985, to perform depository functions and to receive, record,
28	report, disburse, monitor, and otherwise handle alimony and
29	child support payments not otherwise required to be processed by
30	the State Disbursement Unit.
31	(5)  "Electronic communication" means contact, other than
32	face-to-face contact, facilitated by tools such as telephones,
33	electronic mail (e-mail), web cams, video-conferencing equipment
34	and software or other wired or wireless technologies, or other
35	means of communication to supplement face-to-face contact
36	between a parent and that parent's minor child.
37	(6)  "Federal Case Registry of Child Support Orders" means
38	the automated registry of support order abstracts and other
39	information established and maintained by the United States
40	Department of Health and Human Services as provided by 42 U.S.C.
41	s. 653(h).
42	(7)  "Income" means any form of payment to an individual,
43	regardless of source, including, but not limited to: wages,
44	salary, commissions and bonuses, compensation as an independent
45	contractor, worker's compensation, disability benefits, annuity
46	and retirement benefits, pensions, dividends, interest,
47	royalties, trusts, and any other payments, made by any person,
48	private entity, federal or state government, or any unit of
49	local government.  United States Department of Veterans Affairs
50	disability benefits and unemployment compensation, as defined in
51	chapter 443, are excluded from this definition of income except
52	for purposes of establishing an amount of support.
53	(8)  "IV-D" means services provided pursuant to Title IV-D
54	of the Social Security Act, 42 U.S.C. ss. 651 et seq.
55	(9)  "Local officer" means an elected or appointed
56	constitutional or charter government official including, but not
57	limited to, the state attorney and clerk of the circuit court.
58	(10)  "National medical support notice" means the notice
59	required under 42 U.S.C. s. 666(a)(19).
60	(11)  "Noncustodial parent" means the parent with whom the
61	child does not maintain his or her primary residence.
62	(11)(12)  "Obligee" means the person to whom payments are
63	made pursuant to an order establishing, enforcing, or modifying
64	an obligation for alimony, for child support, or for alimony and
65	child support.
66	(12)(13)  "Obligor" means a person responsible for making
67	payments pursuant to an order establishing, enforcing, or
68	modifying an obligation for alimony, for child support, or for
69	alimony and child support.
70	(13)  "Parenting plan" means a document created to govern
71	the relationship between the parties relating to the decisions
72	that must be made regarding the minor child and the time-sharing
73	schedule between the parents and child. The issues concerning
74	the minor child may include, but are not limited to, the child's
75	education, health care, and physical, social, and emotional
76	well-being. When created, all circumstances between the parties,
77	including the parties historic relationship, domestic violence,
78	and other factors, must be taken into consideration. The
79	document shall be developed or agreed to by the parties and
80	approved by a court or, if the parents cannot agree, established
81	by the court.
82	(a)  Any parenting plan formulated under this chapter must
83	address all jurisdictional issues, including, but not limited
84	to, the Uniform Child Custody Jurisdiction Enforcement Act, the
85	International Custody and Abduction Remedies Act, 42 U.S.C. s.
86	11601 et seq., the Parental Kidnapping Prevention Act, and the
87	Convention on the Civil Aspects of International Child Abduction
88	enacted at the Hague on October 25, 1980.
89	(b)  For purposes of application of the Uniform Child
90	Custody Jurisdiction and Enforcement Act, part II of this
91	chapter, a judgment or order incorporating a parenting plan
92	under this part is a child custody determination under part II.
93	(c)  For purposes of the International Custody and
94	Abduction Remedies Act, 42 U.S.C. s. 11601 et seq., and the
95	Convention on the Civil Aspects of International Child
96	Abduction, enacted at the Hague on October 25, 1980, rights of
97	custody and rights of access shall be determined under the
98	parenting plan under this part.
99	(14)  "Parenting plan recommendation" means a nonbinding
100	recommendation, made by a licensed mental health professional or
101	any other individual designated by a court, concerning the
102	parenting plan that will govern the relationship between the
103	parents.
104	(15)(14)  "Payor" means an employer or former employer or
105	any other person or agency providing or administering income to
106	the obligor.
107	(16)(15)  "Shared parental responsibility" means a court-
108	ordered relationship in which both parents retain full parental
109	rights and responsibilities with respect to their minor child
110	and in which both parents confer with each other so that major
111	decisions affecting the welfare of the child will be determined
112	jointly.
113	(17)(16)  "Sole parental responsibility" means a court-
114	ordered relationship in which one parent makes decisions
115	regarding the minor child.
116	(18)(17)  "State Case Registry" means the automated
117	registry maintained by the Title IV-D agency, containing records
118	of each Title IV-D case and of each support order established or
119	modified in the state on or after October 1, 1998. Such records
120	shall consist of data elements as required by the United States
121	Secretary of Health and Human Services.
122	(19)(18)  "State Disbursement Unit" means the unit
123	established and operated by the Title IV-D agency to provide one
124	central address for collection and disbursement of child support
125	payments made in cases enforced by the department pursuant to
126	Title IV-D of the Social Security Act and in cases not being
127	enforced by the department in which the support order was
128	initially issued in this state on or after January 1, 1994, and
129	in which the obligor's child support obligation is being paid
130	through income deduction order.
131	(20)(19)  "Support order" means a judgment, decree, or
132	order, whether temporary or final, issued by a court of
133	competent jurisdiction or administrative agency for the support
134	and maintenance of a child which provides for monetary support,
135	health care, arrearages, or past support. When the child support
136	obligation is being enforced by the Department of Revenue, the
137	term "support order" also means a judgment, decree, or order,
138	whether temporary or final, issued by a court of competent
139	jurisdiction for the support and maintenance of a child and the
140	spouse or former spouse of the obligor with whom the child is
141	living which provides for monetary support, health care,
142	arrearages, or past support.
143	(21)(20)  "Support," unless otherwise specified, means:
144	(a)  Child support and, when the child support obligation
145	is being enforced by the Department of Revenue, spousal support
146	or alimony for the spouse or former spouse of the obligor with
147	whom the child is living.
148	(b)  Child support only in cases not being enforced by the
149	Department of Revenue.
150	(22)  "Time-sharing schedule" means a timetable that has
151	been developed by the parents of a minor child, incorporated
152	into a parenting plan, and approved by a court which specifies
153	the time that a minor child will spend with each of the child's
154	parents. If the parents cannot agree, the schedule shall be
155	established by the court.
156	Section 3.  Subsection (3) of section 61.052, Florida
157	Statutes, is amended to read:
158	61.052  Dissolution of marriage.--
159	(3)  During any period of continuance, the court may make
160	appropriate orders for the support and alimony of the parties;
161	the parenting plan primary residence, custody, rotating custody,
162	visitation, support, maintenance, and education of the minor
163	child of the marriage; attorney's fees; and the preservation of
164	the property of the parties.
165	Section 4.  Section 61.09, Florida Statutes, is amended to
166	read:
167	61.09  Alimony and child support unconnected with
168	dissolution.--If a person having the ability to contribute to
169	the maintenance of his or her spouse and support of his or her
170	minor child fails to do so, the spouse who is not receiving
171	support or who has custody of the child or with whom the child
172	has primary residence may apply to the court for alimony and for
173	support for the child without seeking dissolution of marriage,
174	and the court shall enter an order as it deems just and proper.
175	Section 5.  Section 61.10, Florida Statutes, is amended to
176	read:
177	61.10  Adjudication of obligation to support spouse or
178	minor child unconnected with dissolution; parenting plan and
179	time-sharing schedule child custody, child's primary residence,
180	and visitation.--Except when relief is afforded by some other
181	pending civil action or proceeding, a spouse residing in this
182	state apart from his or her spouse and minor child, whether or
183	not such separation is through his or her fault, may obtain an
184	adjudication of obligation to maintain the spouse and minor
185	child, if any.  The court shall adjudicate his or her financial
186	obligations to the spouse and child and, shall establish the
187	parenting plan and time-sharing schedule for child's primary
188	residence, and shall determine the custody and visitation rights
189	of the parties. Such an action does not preclude either party
190	from maintaining any other proceeding under this chapter for
191	other or additional relief at any time.
192	Section 6.  Section 61.122, Florida Statutes, is amended to
193	read:
194	61.122  Parenting plan recommendation Child custody
195	evaluations; presumption of psychologist's good faith;
196	prerequisite to parent's filing suit; award of fees, costs,
197	reimbursement.--
198	(1)  A psychologist who has been appointed by the court to
199	develop a parenting plan recommendation conduct a child custody
200	evaluation in a dissolution of marriage, case of domestic
201	violence, or paternity matter involving parent-child
202	relationships, including time-sharing of children, judicial
203	proceeding is presumed to be acting in good faith if the
204	psychologist's recommendation evaluation has been reached
205	conducted pursuant to standards that a reasonable psychologist
206	would use to develop a parenting plan recommendation have used
207	as recommended by the American Psychological Association's
208	guidelines for child custody evaluation in divorce proceedings.
209	(2)  An administrative complaint against a court-appointed
210	psychologist which relates to a parenting plan recommendation
211	developed child custody evaluation conducted by the psychologist
212	may not be filed anonymously. The individual who files such an
213	administrative complaint must include in the complaint his or
214	her name, address, and telephone number.
215	(3)  A parent who desires wishes to file a legal action
216	against a court-appointed psychologist who has acted in good
217	faith in developing conducting a parenting plan recommendation
218	child custody evaluation must petition the judge who presided
219	over the dissolution of marriage, case of domestic violence, or
220	paternity action involving parent-child relationships, including
221	time-sharing of children, child custody proceeding to appoint
222	another psychologist. Upon the parent's showing of good cause,
223	the court shall appoint another psychologist. The court shall
224	determine make a determination as to who is responsible for all
225	court costs and attorney's fees associated with making such an
226	appointment.
227	(4)  If a legal action, whether it be a civil action, a
228	criminal action, or an administrative proceeding, is filed
229	against a court-appointed psychologist in a dissolution of
230	marriage, case of domestic violence, or paternity action
231	involving parent-child relationships, including time-sharing of
232	children child custody proceeding, the claimant is responsible
233	for all reasonable costs and reasonable attorney's fees
234	associated with the action for both parties if the psychologist
235	is held not liable. If the psychologist is held liable in civil
236	court, the psychologist must pay all reasonable costs and
237	reasonable attorney's fees for the claimant.
238	Section 7.  Section 61.13, Florida Statutes, is amended to
239	read:
240	61.13  Custody and Support, parenting, and time-sharing of
241	children; visitation rights; power of court in making orders.--
242	(1)(a)  In a proceeding under this chapter, the court may
243	at any time order either or both parents who owe a duty of
244	support to a child to pay support in accordance with the
245	guidelines in s. 61.30. The court initially entering an order
246	requiring one or both parents to make child support payments
247	shall have continuing jurisdiction after the entry of the
248	initial order to modify the amount and terms and conditions of
249	the child support payments when the modification is found
250	necessary by the court in the best interests of the child, when
251	the child reaches majority, or when there is a substantial
252	change in the circumstances of the parties. The court initially
253	entering a child support order shall also have continuing
254	jurisdiction to require the obligee to report to the court on
255	terms prescribed by the court regarding the disposition of the
256	child support payments.
257	(b)  Each order for support shall contain a provision for
258	health care coverage for the minor child when the coverage is
259	reasonably available. Coverage is reasonably available if either
260	the obligor or obligee has access at a reasonable rate to a
261	group health plan. The court may require the obligor either to
262	provide health care coverage or to reimburse the obligee for the
263	cost of health care coverage for the minor child when coverage
264	is provided by the obligee. In either event, the court shall
265	apportion the cost of coverage, and any noncovered medical,
266	dental, and prescription medication expenses of the child, to
267	both parties by adding the cost to the basic obligation
268	determined pursuant to s. 61.30(6). The court may order that
269	payment of uncovered medical, dental, and prescription
270	medication expenses of the minor child be made directly to the
271	obligee on a percentage basis.
272	1.  In a non-Title IV-D case, a copy of the court order for
273	health care coverage shall be served on the obligor's union or
274	employer by the obligee when the following conditions are met:
275	a.  The obligor fails to provide written proof to the
276	obligee within 30 days after receiving effective notice of the
277	court order that the health care coverage has been obtained or
278	that application for coverage has been made;
279	b.  The obligee serves written notice of intent to enforce
280	an order for health care coverage on the obligor by mail at the
281	obligor's last known address; and
282	c.  The obligor fails within 15 days after the mailing of
283	the notice to provide written proof to the obligee that the
284	health care coverage existed as of the date of mailing.
285	2.a.  A support order enforced under Title IV-D of the
286	Social Security Act which requires that the obligor provide
287	health care coverage is enforceable by the department through
288	the use of the national medical support notice, and an amendment
289	to the support order is not required. The department shall
290	transfer the national medical support notice to the obligor's
291	union or employer. The department shall notify the obligor in
292	writing that the notice has been sent to the obligor's union or
293	employer, and the written notification must include the
294	obligor's rights and duties under the national medical support
295	notice. The obligor may contest the withholding required by the
296	national medical support notice based on a mistake of fact. To
297	contest the withholding, the obligor must file a written notice
298	of contest with the department within 15 business days after the
299	date the obligor receives written notification of the national
300	medical support notice from the department. Filing with the
301	department is complete when the notice is received by the person
302	designated by the department in the written notification. The
303	notice of contest must be in the form prescribed by the
304	department. Upon the timely filing of a notice of contest, the
305	department shall, within 5 business days, schedule an informal
306	conference with the obligor to discuss the obligor's factual
307	dispute. If the informal conference resolves the dispute to the
308	obligor's satisfaction or if the obligor fails to attend the
309	informal conference, the notice of contest is deemed withdrawn.
310	If the informal conference does not resolve the dispute, the
311	obligor may request an administrative hearing under chapter 120
312	within 5 business days after the termination of the informal
313	conference, in a form and manner prescribed by the department.
314	However, the filing of a notice of contest by the obligor does
315	not delay the withholding of premium payments by the union,
316	employer, or health plan administrator. The union, employer, or
317	health plan administrator must implement the withholding as
318	directed by the national medical support notice unless notified
319	by the department that the national medical support notice is
320	terminated.
321	b.  In a Title IV-D case, the department shall notify an
322	obligor's union or employer if the obligation to provide health
323	care coverage through that union or employer is terminated.
324	3.  In a non-Title IV-D case, upon receipt of the order
325	pursuant to subparagraph 1., or upon application of the obligor
326	pursuant to the order, the union or employer shall enroll the
327	minor child as a beneficiary in the group health plan regardless
328	of any restrictions on the enrollment period and withhold any
329	required premium from the obligor's income. If more than one
330	plan is offered by the union or employer, the child shall be
331	enrolled in the group health plan in which the obligor is
332	enrolled.
333	4.a.  Upon receipt of the national medical support notice
334	under subparagraph 2. in a Title IV-D case, the union or
335	employer shall transfer the notice to the appropriate group
336	health plan administrator within 20 business days after the date
337	on the notice. The plan administrator must enroll the child as a
338	beneficiary in the group health plan regardless of any
339	restrictions on the enrollment period, and the union or employer
340	must withhold any required premium from the obligor's income
341	upon notification by the plan administrator that the child is
342	enrolled. The child shall be enrolled in the group health plan
343	in which the obligor is enrolled. If the group health plan in
344	which the obligor is enrolled is not available where the child
345	resides or if the obligor is not enrolled in group coverage, the
346	child shall be enrolled in the lowest cost group health plan
347	that is available where the child resides.
348	b.  If health care coverage or the obligor's employment is
349	terminated in a Title IV-D case, the union or employer that is
350	withholding premiums for health care coverage under a national
351	medical support notice must notify the department within 20 days
352	after the termination and provide the obligor's last known
353	address and the name and address of the obligor's new employer,
354	if known.
355	5.a.  The amount withheld by a union or employer in
356	compliance with a support order may not exceed the amount
357	allowed under s. 303(b) of the Consumer Credit Protection Act,
358	15 U.S.C. s. 1673(b), as amended. The union or employer shall
359	withhold the maximum allowed by the Consumer Credit Protection
360	Act in the following order:
361	(I)  Current support, as ordered.
362	(II)  Premium payments for health care coverage, as
363	ordered.
364	(III)  Past due support, as ordered.
365	(IV)  Other medical support or coverage, as ordered.
366	b.  If the combined amount to be withheld for current
367	support plus the premium payment for health care coverage exceed
368	the amount allowed under the Consumer Credit Protection Act, and
369	the health care coverage cannot be obtained unless the full
370	amount of the premium is paid, the union or employer may not
371	withhold the premium payment. However, the union or employer
372	shall withhold the maximum allowed in the following order:
373	(I)  Current support, as ordered.
374	(II)  Past due support, as ordered.
375	(III)  Other medical support or coverage, as ordered.
376	6.  An employer, union, or plan administrator who does not
377	comply with the requirements in sub-subparagraph 4.a. is subject
378	to a civil penalty not to exceed $250 for the first violation
379	and $500 for subsequent violations, plus attorney's fees and
380	costs. The department may file a petition in circuit court to
381	enforce the requirements of this subsection.
382	7.  The department may adopt rules to administer the child
383	support enforcement provisions of this section that affect Title
384	IV-D cases.
385	(c)  To the extent necessary to protect an award of child
386	support, the court may order the obligor to purchase or maintain
387	a life insurance policy or a bond, or to otherwise secure the
388	child support award with any other assets which may be suitable
389	for that purpose.
390	(d)1.  Unless the provisions of subparagraph 3. apply, all
391	child support orders entered on or after January 1, 1985, shall
392	direct that the payments of child support be made as provided in
393	s. 61.181 through the depository in the county where the court
394	is located. All child support orders shall provide the full name
395	and date of birth of each minor child who is the subject of the
396	child support order.
397	2.  Unless the provisions of subparagraph 3. apply, all
398	child support orders entered before January 1, 1985, shall be
399	modified by the court to direct that payments of child support
400	shall be made through the depository in the county where the
401	court is located upon the subsequent appearance of either or
402	both parents to modify or enforce the order, or in any related
403	proceeding.
404	3.  If both parties request and the court finds that it is
405	in the best interest of the child, support payments need not be
406	directed through the depository.  The order of support shall
407	provide, or shall be deemed to provide, that either party may
408	subsequently apply to the depository to require direction of the
409	payments through the depository. The court shall provide a copy
410	of the order to the depository.
411	4.  If the parties elect not to require that support
412	payments be made through the depository, any party may
413	subsequently file an affidavit with the depository alleging a
414	default in payment of child support and stating that the party
415	wishes to require that payments be made through the depository.
416	The party shall provide copies of the affidavit to the court and
417	to each other party. Fifteen days after receipt of the
418	affidavit, the depository shall notify both parties that future
419	payments shall be paid through the depository.
420	5.  In IV-D cases, the IV-D agency shall have the same
421	rights as the obligee in requesting that payments be made
422	through the depository.
423	(2)(a)  The court shall have jurisdiction to approve,
424	create, or modify a parenting plan determine custody,
425	notwithstanding that the child is not physically present in this
426	state at the time of filing any proceeding under this chapter,
427	if it appears to the court that the child was removed from this
428	state for the primary purpose of removing the child from the
429	jurisdiction of the court in an attempt to avoid the court's
430	approval, creation, or modification of a parenting plan a
431	determination or modification of custody.
432	(b)  Any parenting plan approved by the court must, at a
433	minimum, adequately describe in detail how the parents will
434	share and be responsible for the daily tasks associated with the
435	upbringing of a child, the time-sharing schedule arrangements
436	that specify the time that the minor child will spend with each
437	of his or her parents, a designation of who will be responsible
438	for any and all forms of health care, other activities, and
439	school-related matters and the methods and technologies that the
440	parents will use to communicate with each other and with the
441	child. Any parenting plan formulated under this part must
442	address all jurisdictional issues, including, but not limited
443	to, the Uniform Child Custody Jurisdiction Enforcement Act, the
444	International Custody and Abduction Remedies Act, 42 U.S.C. s.
445	11601 et seq., the Parental Kidnapping Prevention Act, and the
446	Convention on the Civil Aspects of International Child Abduction
447	enacted at the Hague on October 25, 1980.
448	(c)(b)1.  The court shall determine all matters relating to
449	parenting and time-sharing custody of each minor child of the
450	parties in accordance with the best interests of the child and
451	in accordance with the Uniform Child Custody Jurisdiction and
452	Enforcement Act. It is the public policy of this state to assure
453	that each minor child has frequent and continuing contact with
454	both parents after the parents separate or the marriage of the
455	parties is dissolved and to encourage parents to share the
456	rights and responsibilities, and joys, of childrearing. There is
457	no presumption for or against After considering all relevant
458	facts, the father or mother of the child when creating or
459	modifying the parenting plan schedule for shall be given the
460	same consideration as the mother in determining the primary
461	residence of a child irrespective of the age or sex of the
462	child.
463	2.  The court shall order that the parental responsibility
464	for a minor child be shared by both parents unless the court
465	finds that shared parental responsibility would be detrimental
466	to the child. Evidence that a parent has been convicted of a
467	felony of the third degree or higher involving domestic
468	violence, as defined in s. 741.28 and chapter 775, or meets the
469	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
470	detriment to the child. If the presumption is not rebutted,
471	shared parental responsibility, including time-sharing with
472	visitation, residence of the child, and decisions made regarding
473	the child, may not be granted to the convicted parent. However,
474	the convicted parent is not relieved of any obligation to
475	provide financial support. If the court determines that shared
476	parental responsibility would be detrimental to the child, it
477	may order sole parental responsibility and make such
478	arrangements for time-sharing as specified in the parenting plan
479	visitation as will best protect the child or abused spouse from
480	further harm. Whether or not there is a conviction of any
481	offense of domestic violence or child abuse or the existence of
482	an injunction for protection against domestic violence, the
483	court shall consider evidence of domestic violence or child
484	abuse as evidence of detriment to the child.
485	a.  In ordering shared parental responsibility, the court
486	may consider the expressed desires of the parents and may grant
487	to one party the ultimate responsibility over specific aspects
488	of the child's welfare or may divide those responsibilities
489	between the parties based on the best interests of the child.
490	Areas of responsibility may include primary residence,
491	education, healthcare medical and dental care, and any other
492	responsibilities that the court finds unique to a particular
493	family.
494	b.  The court shall order "sole parental responsibility for
495	a minor child to one parent, with or without time-sharing with
496	visitation rights, to the other parent," when it is in the best
497	interests of" the minor child.
498	3.  Access to records and information pertaining to a minor
499	child, including, but not limited to, medical, dental, and
500	school records, may not be denied to either a parent because the
501	parent is not the child's primary residential parent. Full
502	rights under this subparagraph apply to either parent unless a
503	court order specifically revokes these rights, including any
504	restrictions on these rights as provided in a domestic violence
505	injunction. A parent having rights under this subparagraph has
506	the same rights upon request as to form, substance, and manner
507	of access as are available to the other parent of a child,
508	including, without limitation, the right to in-person
509	communication with medical, dental, and education providers.
510	(d)(c)  The circuit court in the county in which either
511	parent and the child reside or the circuit court in which the
512	original order approving or creating the parenting plan award of
513	custody was entered has have jurisdiction to modify the
514	parenting plan an award of child custody. The court may change
515	the venue in accordance with s. 47.122.
516	(3)  For purposes of establishing, modifying parental
517	responsibility and creating, developing, approving, or modifying
518	a parenting plan, including a time-sharing schedule, which
519	governs each parent's relationship with his or her minor child
520	and the relationship between each parent with regard to his or
521	her minor child, the best interests of the child shall be the
522	primary consideration. There shall be no presumptions for or
523	against either parent when establishing, creating, developing,
524	approving, or modifying the parenting plan, including the time-
525	sharing schedule, as well as determining decisionmaking,
526	regardless of the age or sex of the child, giving due
527	consideration to the developmental needs of the child. The
528	parenting plan, must be in the best interests of the minor
529	child, and evidence that a parent has been convicted of a felony
530	of the third degree or higher involving domestic violence, as
531	defined in s. 741.28 or chapter 775, or meeting the criteria of
532	s. 39.806(1)(d), creates a rebuttable presumption of detriment
533	to the child. If the presumption is not rebutted, the time-
534	sharing with the child and decisions made regarding the child
535	may not be granted to the convicted parent. Otherwise,
536	determination of the best interests of the child shall be made
537	by evaluating all of the factors affecting the welfare and
538	interests of the child, including, but not limited to:
539	(a)  The demonstrated capacity and disposition of each
540	parent to facilitate and encourage a close and continuing
541	parent-child relationship between the child and the other
542	parent, to honor the time-sharing schedule, and to be reasonable
543	when changes are required.
544	(b)  The anticipated division of parental responsibilities
545	after the litigation, including the extent to which parental
546	responsibilities will be delegated to third parties.
547	(c)  The demonstrated capacity and disposition of each
548	parent to determine, consider, and act upon the needs of the
549	child as opposed to the needs or desires of the parent. shared
550	parental responsibility and primary residence, the best
551	interests of the child shall include an evaluation of all
552	factors affecting the welfare and interests of the child,
553	including, but not limited to:
554	(a)  The parent who is more likely to allow the child
555	frequent and continuing contact with the nonresidential parent.
556	(b)  The love, affection, and other emotional ties existing
557	between the parents and the child.
558	(c)  The capacity and disposition of the parents to provide
559	the child with food, clothing, medical care or other remedial
560	care recognized and permitted under the laws of this state in
561	lieu of medical care, and other material needs.
562	(d)  The length of time the child has lived in a stable,
563	satisfactory environment and the desirability of maintaining
564	continuity.
565	(e)  The geographic viability of the parenting plan, with
566	special attention paid to the needs of school-age children and
567	the amount of time to be spent traveling to effectuate the
568	parenting plan. This factor does not create a presumption for or
569	against relocation of either parent with a child. The
570	permanence, as a family unit, of the existing or proposed
571	custodial home.
572	(f)  The moral fitness of the parents.
573	(g)  The mental and physical health of the parents.
574	(h)  The demonstrated capacity and disposition of each
575	parent to be informed of the circumstances surrounding the minor
576	child, such as the child's friends, teachers, medical care
577	providers, favorite activities, favorite foods, and clothes
578	sizes.
579	(i)  The demonstrated capacity and disposition of each
580	parent to provide a consistent routine for the child, such as
581	forms of discipline and setting times for homework, meals, and
582	bedtime.
583	(j)  The demonstrated capacity and disposition of each
584	parent to communicate with the other parent and to keep the
585	other parent informed of issues and activities regarding the
586	minor child, and the willingness of each parent to adopt a
587	unified front on all major issues when dealing with the child.
588	(k)  Evidence of domestic violence, sexual violence, child
589	abuse, child abandonment, or child neglect, regardless of
590	whether a prior or pending action regarding those issues has
591	been brought.
592	(l)  Evidence that either parent has knowingly provided
593	false information to the court regarding any prior or pending
594	action regarding domestic violence, sexual violence, child
595	abuse, child abandonment, or child neglect.
596	(m)  The particular parenting tasks customarily performed
597	by each parent and the division of parental responsibilities
598	before the institution of litigation and during the pending
599	litigation, including the extent to which parental
600	responsibilities were undertaken by third parties.
601	(n)  The demonstrated capacity and disposition of each
602	parent to participate and be involved in the child's school and
603	extracurricular activities.
604	(o)  The demonstrated capacity and disposition of each
605	parent to maintain an environment for the child which is free
606	from substance abuse.
607	(p)  The capacity and disposition of each parent to protect
608	the child from the ongoing litigation as demonstrated by not
609	discussing the case with the child, not sharing documents or
610	electronic media related to the case with the child, and not
611	making disparaging comments about the other parent to the child.
612	(q)  The developmental stages and needs of the child and
613	the demonstrated capacity and disposition of each parent to meet
614	the child's developmental needs.
615	(r)  The demonstrated capability, experience, and knowledge
616	of each parent on how best to raise a child who has a serious
617	and well-recognized medical condition, including, but not
618	limited to, an autism spectrum disorder or a related condition.
619	(s)  Any other factor that is relevant to the determination
620	of a specific parenting plan, including the time-sharing
621	schedule. The home, school, and community record of the child.
622	(i)  The reasonable preference of the child, if the court
623	deems the child to be of sufficient intelligence, understanding,
624	and experience to express a preference.
625	(j)  The willingness and ability of each parent to
626	facilitate and encourage a close and continuing parent-child
627	relationship between the child and the other parent.
628	(k)  Evidence that any party has knowingly provided false
629	information to the court regarding a domestic violence
630	proceeding pursuant to s. 741.30.
631	(l)  Evidence of domestic violence or child abuse.
632	(m)  Any other fact considered by the court to be relevant.
633	(4)(a)  When a noncustodial parent who is ordered to pay
634	child support or alimony and who is awarded visitation rights
635	fails to pay child support or alimony, the custodial parent who
636	should have received the child support or alimony may shall not
637	refuse to honor the time-sharing schedule presently in effect
638	between the parents noncustodial parent's visitation rights.
639	(b)  When a custodial parent refuses to honor the other a
640	noncustodial parent's visitation rights under the time-sharing
641	schedule, the noncustodial parent whose time-sharing rights were
642	violated shall continue not fail to pay any ordered child
643	support or alimony.
644	(c)  When a custodial parent refuses to honor the time-
645	sharing schedule in the parenting plan a noncustodial parent's
646	or grandparent's visitation rights without proper cause, the
647	court:
648	1.  Shall, after calculating the amount of time-sharing
649	visitation improperly denied, award the noncustodial parent
650	denied time-sharing or grandparent a sufficient amount of extra
651	time-sharing visitation to compensate for the time-sharing
652	missed, and such time-sharing the noncustodial parent or
653	grandparent, which visitation shall be ordered as expeditiously
654	as possible in a manner consistent with the best interests of
655	the child and scheduled in a manner that is convenient for the
656	parent person deprived of time-sharing visitation. In ordering
657	any makeup time-sharing visitation, the court shall schedule
658	such time-sharing visitation in a manner that is consistent with
659	the best interests of the child or children and that is
660	convenient for the nonoffending noncustodial parent and at the
661	expense of the noncompliant parent or grandparent. In addition,
662	the court:
663	2.1.  May order the custodial parent who did not provide
664	time-sharing or did not properly exercise time-sharing under the
665	time-sharing schedule to pay reasonable court costs and
666	attorney's fees incurred by the nonoffending noncustodial parent
667	or grandparent to enforce the time-sharing schedule their
668	visitation rights or make up improperly denied visitation;
669	3.2.  May order the custodial parent who did not provide
670	time-sharing or did not properly exercise time-sharing under the
671	time-sharing schedule to attend a the parenting course approved
672	by the judicial circuit;
673	4.3.  May order the custodial parent who did not provide
674	time-sharing or did not properly exercise time-sharing under the
675	time-sharing schedule to do community service if the order will
676	not interfere with the welfare of the child;
677	5.4.  May order the custodial parent who did not provide
678	time-sharing or did not properly exercise time-sharing under the
679	time-sharing schedule to have the financial burden of promoting
680	frequent and continuing contact when the custodial parent and
681	child reside further than 60 miles from the noncustodial parent;
682	6.5.  May award custody, rotating custody, or primary
683	residence to the noncustodial parent, upon the request of the
684	noncustodial parent who did not violate the time-sharing
685	schedule, modify the parenting plan, if modification the award
686	is in the best interests of the child; or
687	7.  May order the parent who did not provide time-sharing
688	or did not properly exercise time-sharing under the time-sharing
689	schedule to be responsible for incidental costs incurred by the
690	compliant parent as a result of the other parent's
691	noncompliance; or
692	8.6.  May impose any other reasonable sanction as a result
693	of noncompliance.
694	(d)  A person who violates this subsection may be punished
695	by contempt of court or other remedies as the court deems
696	appropriate.
697	(5)  The court may make specific orders regarding the
698	parenting plan and the time-sharing schedule for the care and
699	custody of the minor child as such orders relate to from the
700	circumstances of the parties and the nature of the case and are
701	is equitable and provide for child support in accordance with
702	the guidelines in s. 61.30.  An order for equal time-sharing for
703	award of shared parental responsibility of a minor child does
704	not preclude the court from entering an order for child support
705	of the child.
706	(6)  In any proceeding under this section, the court may
707	not deny shared parental responsibility and time-sharing,
708	custody, or visitation rights to a parent or grandparent solely
709	because that parent or grandparent is or is believed to be
710	infected with human immunodeficiency virus,; but the court may
711	condition such rights in an order approving the parenting plan
712	upon the parent's or grandparent's agreement to observe measures
713	approved by the Centers for Disease Control and Prevention of
714	the United States Public Health Service or by the Department of
715	Health for preventing the spread of human immunodeficiency virus
716	to the child.
717	(7)  If the court orders that parental responsibility,
718	including visitation, be shared by both parents, the court may
719	not deny the noncustodial parent overnight contact and access to
720	or visitation with the child solely because of the age or sex of
721	the child.
722	(7)(8)(a)  Beginning July 1, 1997, each party to any
723	paternity or support proceeding is required to file with the
724	tribunal as defined in s. 88.1011(22) and State Case Registry
725	upon entry of an order, and to update as appropriate,
726	information on location and identity of the party, including
727	social security number, residential and mailing addresses,
728	telephone number, driver's license number, and name, address,
729	and telephone number of employer. Beginning October 1, 1998,
730	each party to any paternity or child support proceeding in a
731	non-Title IV-D case shall meet the above requirements for
732	updating the tribunal and State Case Registry.
733	(b)  Pursuant to the federal Personal Responsibility and
734	Work Opportunity Reconciliation Act of 1996, each party is
735	required to provide his or her social security number in
736	accordance with this section.  Disclosure of social security
737	numbers obtained through this requirement shall be limited to
738	the purpose of administration of the Title IV-D program for
739	child support enforcement.
740	(c)  Beginning July 1, 1997, in any subsequent Title IV-D
741	child support enforcement action between the parties, upon
742	sufficient showing that diligent effort has been made to
743	ascertain the location of such a party, the court of competent
744	jurisdiction shall deem state due process requirements for
745	notice and service of process to be met with respect to the
746	party, upon delivery of written notice to the most recent
747	residential or employer address filed with the tribunal and
748	State Case Registry pursuant to paragraph (a). Beginning October
749	1, 1998, in any subsequent non-Title IV-D child support
750	enforcement action between the parties, the same requirements
751	for service shall apply.
752	(8)(9)  At the time an order for child support is entered,
753	each party is required to provide his or her social security
754	number and date of birth to the court, as well as the name, date
755	of birth, and social security number of each minor child that is
756	the subject of such child support order. Pursuant to the federal
757	Personal Responsibility and Work Opportunity Reconciliation Act
758	of 1996, each party is required to provide his or her social
759	security number in accordance with this section. All social
760	security numbers required by this section shall be provided by
761	the parties and maintained by the depository as a separate
762	attachment in the file. Disclosure of social security numbers
763	obtained through this requirement shall be limited to the
764	purpose of administration of the Title IV-D program for child
765	support enforcement.
766	Section 8.  Section 61.13001, Florida Statutes, is amended
767	to read:
768	61.13001  Parental relocation with a child.--
769	(1)  DEFINITIONS.--As used in this section:
770	(a)  "Change of residence address" means the relocation of
771	a child to a principal residence more than 50 miles away from
772	his or her principal place of residence at the time of the entry
773	of the last order establishing or modifying the parenting plan
774	or time-sharing arrangement for designation of the primary
775	residential parent or the custody of the minor child, unless the
776	move places the principal residence of the minor child less than
777	50 miles from either the nonresidential parent.
778	(b)  "Child" means any person who is under the jurisdiction
779	of a state court pursuant to the Uniform Child Custody
780	Jurisdiction and Enforcement Act or is the subject of any order
781	granting to a parent or other person any right to time-sharing,
782	residential care, or kinship, custody, or visitation as provided
783	under state law.
784	(c)  "Court" means the circuit court in an original
785	proceeding which has proper venue and jurisdiction in accordance
786	with the Uniform Child Custody Jurisdiction and Enforcement Act,
787	the circuit court in the county in which either parent and the
788	child reside, or the circuit court in which the original action
789	was adjudicated.
790	(d)  "Other person" means an individual who is not the
791	parent and who, by court order, maintains the primary residence
792	of a child or has visitation rights with a child.
793	(e)  "Parent" means any person so named by court order or
794	express written agreement that is subject to court enforcement
795	or a person reflected as a parent on a birth certificate and in
796	whose home a child maintains a primary or secondary residence.
797	Notwithstanding this paragraph, a putative father is not
798	included in the definition of father and does not have standing
799	to seek relief under this chapter until paternity has been
800	legally established.
801	(f)  "Person entitled to be the primary residential parent
802	of a child" means a person so designated by court order or by an
803	express written agreement that is subject to court enforcement
804	or a person seeking such a designation, or, when neither parent
805	has been designated as primary residential parent, the person
806	seeking to relocate with a child.
807	(g)  "Principal residence of a child" means the home of the
808	designated primary residential parent. For purposes of this
809	section only, when rotating custody is in effect, each parent
810	shall be considered to be the primary residential parent.
811	(f)(h)  "Relocation" means a change in any the principal
812	residence of a child for a period of 60 consecutive days or more
813	but does not include a temporary absence from the principal
814	residence for purposes of vacation, education, or the provision
815	of health care for the child.
816	(2)  RELOCATION BY AGREEMENT.--
817	(a)  If the parents primary residential parent and the
818	other parent and every other person entitled to time-sharing
819	visitation with the child agree to the relocation of the child
820	child's principal residence, they may satisfy the requirements
821	of this section by signing a written agreement that:
822	1.  Reflects the consent to the relocation;
823	2.  Defines time-sharing the visitation rights for the
824	nonrelocating parent and any other persons who are entitled to
825	time-sharing visitation; and
826	3.  Describes, if necessary, any transportation
827	arrangements related to time-sharing the visitation.
828	(b)  If there is an existing cause of action, judgment, or
829	decree of record pertaining to the child's primary residence or
830	time-sharing visitation, the parties shall seek ratification of
831	the agreement by court order without the necessity of an
832	evidentiary hearing unless a hearing is requested, in writing,
833	by one or more of the parties to the agreement within 10 days
834	after the date the agreement is filed with the court. If a
835	hearing is not timely requested, it shall be presumed that the
836	relocation is in the best interest of the child and the court
837	may ratify the agreement without an evidentiary hearing.
838	(3)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an
839	agreement has been entered as described in subsection (2), a
840	parent who is entitled to time-sharing with primary residence of
841	the child shall notify the other parent, and every other person
842	entitled to time-sharing visitation with the child, of a
843	proposed relocation of the child's principal residence. The form
844	of notice shall be according to this section:
845	(a)  The parent seeking to relocate shall prepare a Notice
846	of Intent to Relocate. The following information must be
847	included with the Notice of Intent to Relocate and signed under
848	oath under penalty of perjury:
849	1.  A description of the location of the intended new
850	residence, including the state, city, and specific physical
851	address, if known.
852	2.  The mailing address of the intended new residence, if
853	not the same as the physical address, if known.
854	3.  The home telephone number of the intended new
855	residence, if known.
856	4.  The date of the intended move or proposed relocation.
857	5.  A detailed statement of the specific reasons for the
858	proposed relocation of the child. If one of the reasons is based
859	upon a job offer which has been reduced to writing, that written
860	job offer must be attached to the Notice of Intent to Relocate.
861	6.  A proposal for the revised postrelocation schedule of
862	time-sharing visitation together with a proposal for the
863	postrelocation transportation arrangements necessary to
864	effectuate time-sharing visitation with the child. Absent the
865	existence of a current, valid order abating, terminating, or
866	restricting time-sharing visitation or other good cause
867	predating the Notice of Intent to Relocate, failure to comply
868	with this provision renders the Notice of Intent to Relocate
869	legally insufficient.
870	7.  Substantially the following statement, in all capital
871	letters and in the same size type, or larger, as the type in the
872	remainder of the notice:
873
874	AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
875	FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
876	SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
877	OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
878	RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
879	THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
880	WITHOUT A HEARING.
881	8.  The mailing address of the parent or other person
882	seeking to relocate to which the objection filed under
883	subsection (5) to the Notice of Intent to Relocate should be
884	sent.
885
886	The contents of the Notice of Intent to Relocate are not
887	privileged. For purposes of encouraging amicable resolution of
888	the relocation issue, a copy of the Notice of Intent to Relocate
889	shall initially not be filed with the court but instead served
890	upon the nonrelocating parent, other person, and every other
891	person entitled to time-sharing visitation with the child, and
892	the original thereof shall be maintained by the parent or other
893	person seeking to relocate.
894	(b)  The parent seeking to relocate shall also prepare a
895	Certificate of Filing Notice of Intent to Relocate. The
896	certificate shall certify the date that the Notice of Intent to
897	Relocate was served on the other parent and on every other
898	person entitled to time-sharing visitation with the child.
899	(c)  The Notice of Intent to Relocate, and the Certificate
900	of Filing Notice of Intent to Relocate, shall be served on the
901	other parent and on every other person entitled to time-sharing
902	visitation with the child. If there is a pending court action
903	regarding the child, service of process may be according to
904	court rule. Otherwise, service of process shall be according to
905	chapters 48 and 49 or via certified mail, restricted delivery,
906	return receipt requested.
907	(d)  A person giving notice of a proposed relocation or
908	change of residence address under this section has a continuing
909	duty to provide current and updated information required by this
910	section when that information becomes known.
911	(e)  If the other parent and any other person entitled to
912	time-sharing visitation with the child fails to timely file an
913	objection, it shall be presumed that the relocation is in the
914	best interest of the child, the relocation shall be allowed, and
915	the court shall, absent good cause, enter an order, attaching a
916	copy of the Notice of Intent to Relocate, reflecting that the
917	order is entered as a result of the failure to object to the
918	Notice of Intent to Relocate, and adopting the time-sharing
919	visitation schedule and transportation arrangements contained in
920	the Notice of Intent to Relocate. The order may issue in an
921	expedited manner without the necessity of an evidentiary
922	hearing. If an objection is timely filed, the burden returns to
923	the parent or person seeking to relocate to initiate court
924	proceedings to obtain court permission to relocate before prior
925	to doing so.
926	(f)  The act of relocating the child after failure to
927	comply with the notice of intent to relocate procedure described
928	in this subsection subjects the party in violation thereof to
929	contempt and other proceedings to compel the return of the child
930	and may be taken into account by the court in any initial or
931	postjudgment action seeking a determination or modification of
932	the parenting plan or the time-sharing schedule, or both,
933	designation of the primary residential parent or of the
934	residence, custody, or visitation with the child as:
935	1.  A factor in making a determination regarding the
936	relocation of a child.
937	2.  A factor in determining whether the parenting plan or
938	the designation of the primary residential parent or the
939	residence, contact, access, visitation, or time-sharing schedule
940	arrangements should be modified.
941	3.  A basis for ordering the temporary or permanent return
942	of the child.
943	4.  Sufficient cause to order the parent or other person
944	seeking to relocate the child to pay reasonable expenses and
945	attorney's fees incurred by the party objecting to the
946	relocation.
947	5.  Sufficient cause for the award of reasonable attorney's
948	fees and costs, including interim travel expenses incident to
949	time-sharing visitation or securing the return of the child.
950	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
951	other person seeking to relocate a child, or the child, is
952	entitled to prevent disclosure of location information under any
953	public records exemption applicable to that person, the court
954	may enter any order necessary to modify the disclosure
955	requirements of this section in compliance with the public
956	records exemption.
957	(5)  CONTENT OF OBJECTION TO RELOCATION.--An objection
958	seeking to prevent the relocation of a child must shall be
959	verified and served within 30 days after service of the Notice
960	of Intent to Relocate. The objection must shall include the
961	specific factual basis supporting the reasons for seeking a
962	prohibition of the relocation, including a statement of the
963	amount of participation or involvement the objecting party
964	currently has or has had in the life of the child.
965	(6)  TEMPORARY ORDER.--
966	(a)  The court may grant a temporary order restraining the
967	relocation of a child or ordering the return of the child, if a
968	relocation has previously taken place, or other appropriate
969	remedial relief, if the court finds:
970	1.  The required notice of a proposed relocation of a child
971	was not provided in a timely manner;
972	2.  The child already has been relocated without notice or
973	written agreement of the parties or without court approval; or
974	3.  From an examination of the evidence presented at the
975	preliminary hearing that there is a likelihood that upon final
976	hearing the court will not approve the relocation of the primary
977	residence of the child.
978	(b)  The court may grant a temporary order permitting the
979	relocation of the child pending final hearing, if the court:
980	1.  Finds that the required Notice of Intent to Relocate
981	was provided in a timely manner; and
982	2.  Finds from an examination of the evidence presented at
983	the preliminary hearing that there is a likelihood that on final
984	hearing the court will approve the relocation of the primary
985	residence of the child, which findings must be supported by the
986	same factual basis as would be necessary to support the
987	permitting of relocation in a final judgment.
988	(c)  If the court has issued a temporary order authorizing
989	a party seeking to relocate or move a child before a final
990	judgment is rendered, the court may not give any weight to the
991	temporary relocation as a factor in reaching its final decision.
992	(d)  If temporary relocation of a child is permitted, the
993	court may require the person relocating the child to provide
994	reasonable security, financial or otherwise, and guarantee that
995	the court-ordered contact with the child will not be interrupted
996	or interfered with by the relocating party.
997	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
998	RELOCATION.--A No presumption does not shall arise in favor of
999	or against a request to relocate with the child when a primary
1000	residential parent seeks to move the child and the move will
1001	materially affect the current schedule of contact, access, and
1002	time-sharing with the nonrelocating parent or other person. In
1003	reaching its decision regarding a proposed temporary or
1004	permanent relocation, the court shall evaluate all of the
1005	following factors:
1006	(a)  The nature, quality, extent of involvement, and
1007	duration of the child's relationship with the parent proposing
1008	to relocate with the child and with the nonrelocating parent,
1009	other persons, siblings, half-siblings, and other significant
1010	persons in the child's life.
1011	(b)  The age and developmental stage of the child, the
1012	needs of the child, and the likely impact the relocation will
1013	have on the child's physical, educational, and emotional
1014	development, taking into consideration any special needs of the
1015	child.
1016	(c)  The feasibility of preserving the relationship between
1017	the nonrelocating parent or other person and the child through
1018	substitute arrangements that take into consideration the
1019	logistics of contact, access, visitation, and time-sharing, as
1020	well as the financial circumstances of the parties; whether
1021	those factors are sufficient to foster a continuing meaningful
1022	relationship between the child and the nonrelocating parent or
1023	other person; and the likelihood of compliance with the
1024	substitute arrangements by the relocating parent once he or she
1025	is out of the jurisdiction of the court.
1026	(d)  The child's preference, taking into consideration the
1027	age and maturity of the child.
1028	(e)  Whether the relocation will enhance the general
1029	quality of life for both the parent seeking the relocation and
1030	the child, including, but not limited to, financial or emotional
1031	benefits or educational opportunities.
1032	(f)  The reasons of each parent or other person for seeking
1033	or opposing the relocation.
1034	(g)  The current employment and economic circumstances of
1035	each parent or other person and whether or not the proposed
1036	relocation is necessary to improve the economic circumstances of
1037	the parent or other person seeking relocation of the child.
1038	(h)  That the relocation is sought in good faith and the
1039	extent to which the objecting parent has fulfilled his or her
1040	financial obligations to the parent or other person seeking
1041	relocation, including child support, spousal support, and
1042	marital property and marital debt obligations.
1043	(i)  The career and other opportunities available to the
1044	objecting parent or objecting other person if the relocation
1045	occurs.
1046	(j)  A history of substance abuse or domestic violence as
1047	defined in s. 741.28 or which meets the criteria of s.
1048	39.806(1)(d) by either parent, including a consideration of the
1049	severity of such conduct and the failure or success of any
1050	attempts at rehabilitation.
1051	(k)  Whether the proposed move will be poorly understood,
1052	tolerated, or accepted by a child who has an autism spectrum
1053	disorder or related condition that may prevent the child from
1054	adapting well to a new environment and new circumstances.
1055	(l)(k)  Any other factor affecting the best interest of the
1056	child or as set forth in s. 61.13.
1057	(8)  BURDEN OF PROOF.--The parent or other person wishing
1058	to relocate has the burden of proof if an objection is filed and
1059	must then initiate a proceeding seeking court permission for
1060	relocation. The initial burden is on the parent or person
1061	wishing to relocate to prove by a preponderance of the evidence
1062	that relocation is in the best interest of the child. If that
1063	burden of proof is met, the burden shifts to the nonrelocating
1064	parent or other person to show by a preponderance of the
1065	evidence that the proposed relocation is not in the best
1066	interest of the child.
1067	(9)  ORDER REGARDING RELOCATION.--If relocation is
1068	permitted:
1069	(a)  The court may, in its discretion, order contact with
1070	the nonrelocating parent, including access, visitation, time-
1071	sharing, telephone, Internet, web-cam, and other arrangements
1072	sufficient to ensure that the child has frequent, continuing,
1073	and meaningful contact, access, visitation, and time-sharing
1074	with the nonrelocating parent or other persons, if contact is
1075	financially affordable and in the best interest of the child.
1076	(b)  If applicable, the court shall specify how the
1077	transportation costs will be allocated between the parents and
1078	other persons entitled to contact, access, visitation, and time-
1079	sharing and may adjust the child support award, as appropriate,
1080	considering the costs of transportation and the respective net
1081	incomes of the parents in accordance with state child support
1082	guidelines.
1083	(10)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary
1084	hearing or nonjury trial on a pleading seeking temporary or
1085	permanent relief filed under pursuant to this section shall be
1086	accorded priority on the court's calendar.
1087	(11)  APPLICABILITY.--
1088	(a)  The provisions of This section applies apply:
1089	1.  To orders entered before October 1, 2006, if the
1090	existing order defining custody, primary residence, or time-
1091	sharing visitation of or with the child does not expressly
1092	govern the relocation of the child.
1093	2.  To an order, whether temporary or permanent, regarding
1094	the parenting plan, custody, primary residence, time-sharing or
1095	visitation of or with the child entered on or after October 1,
1096	2006.
1097	3.  To any relocation or proposed relocation, whether
1098	permanent or temporary, of a child during any proceeding pending
1099	on October 1, 2006, wherein the parenting plan, custody, primary
1100	residence, time-sharing or visitation of or with the child is an
1101	issue.
1102	(b)  To the extent that a provision of this section
1103	conflicts with an order existing on October 1, 2006, this
1104	section does not apply to the terms of that order which
1105	expressly govern relocation of the child or a change in the
1106	principal residence address of a parent.
1107	Section 9.  Paragraph (d) of subsection (3) of section
1108	61.181, Florida Statutes, is amended to read:
1109	61.181  Depository for alimony transactions, support,
1110	maintenance, and support payments; fees.--
1111	(3)
1112	(d)  When time-sharing custody of a child is relinquished
1113	by a custodial parent who is entitled to receive child support
1114	moneys from the depository to a licensed or registered long-term
1115	care child agency, that agency may request from the court an
1116	order directing that child support payments that which would
1117	otherwise be distributed to the custodial parent be distributed
1118	to the agency for the period of time that custody of the child
1119	is with by the agency. Thereafter, payments shall be distributed
1120	to the agency as if the agency were the custodial parent until
1121	further order of the court.
1122	Section 10.  Subsection (1) of section 61.1827, Florida
1123	Statutes, is amended to read:
1124	61.1827  Identifying information concerning applicants for
1125	and recipients of child support services.--
1126	(1)  Any information that reveals the identity of
1127	applicants for or recipients of child support services,
1128	including the name, address, and telephone number of such
1129	persons, held by a non-Title IV-D county child support
1130	enforcement agency is confidential and exempt from s. 119.07(1)
1131	and s. 24(a) of Art. I of the State Constitution. The use or
1132	disclosure of such information by the non-Title IV-D county
1133	child support enforcement agency is limited to the purposes
1134	directly connected with:
1135	(a)  Any investigation, prosecution, or criminal or civil
1136	proceeding connected with the administration of any non-Title
1137	IV-D county child support enforcement program;
1138	(b)  Mandatory disclosure of identifying and location
1139	information as provided in s. 61.13(7) s. 61.13(8) by the non-
1140	Title IV-D county child support enforcement agency when
1141	providing non-Title IV-D services;
1142	(c)  Mandatory disclosure of information as required by ss.
1143	409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
1144	Social Security Act; or
1145	(d)  Disclosure to an authorized person, as defined in 45
1146	C.F.R. s. 303.15, for purposes of enforcing any state or federal
1147	law with respect to the unlawful taking or restraint of a child
1148	or making or enforcing a parenting plan child custody or
1149	visitation determination. As used in this paragraph, the term
1150	"authorized person" includes a noncustodial parent, unless a
1151	court has entered an order under s. 741.30, s. 741.31, or s.
1152	784.046.
1153	Section 11.  Section 61.20, Florida Statutes, is amended to
1154	read:
1155	61.20  Social investigation and recommendations when a
1156	parenting plan child custody is at in issue.--
1157	(1)  In any action where the parenting plan custody of a
1158	minor child is at in issue, the court may order a social
1159	investigation and study concerning all pertinent details
1160	relating to the child and each parent when such an investigation
1161	has not been done and the study therefrom provided to the court
1162	by the parties or when the court determines that the
1163	investigation and study that have been done are insufficient.
1164	The agency, staff, or person conducting the investigation and
1165	study ordered by the court pursuant to this section shall
1166	furnish the court and all parties of record in the proceeding a
1167	written study containing recommendations, including a written
1168	statement of facts found in the social investigation on which
1169	the recommendations are based. The court may consider the
1170	information contained in the study in making a decision on the
1171	parenting plan, child's custody and the technical rules of
1172	evidence do not exclude the study from consideration.
1173	(2)  A social investigation and study, when ordered by the
1174	court, shall be conducted by qualified staff of the court; a
1175	child-placing agency licensed pursuant to s. 409.175; a
1176	psychologist licensed pursuant to chapter 490; or a clinical
1177	social worker, marriage and family therapist, or mental health
1178	counselor licensed pursuant to chapter 491.  If a certification
1179	of indigence based on an affidavit filed with the court pursuant
1180	to s. 57.081 is provided by an adult party to the proceeding and
1181	the court does not have qualified staff to perform the
1182	investigation and study, the court may request that the
1183	Department of Children and Family Services conduct the
1184	investigation and study.
1185	(3)  Except as to persons who obtain certification of
1186	indigence as specified in subsection (2), for whom no costs
1187	shall be incurred, the adult parties involved in a child custody
1188	proceeding to determine a parenting plan wherein the court has
1189	ordered the performance of a social investigation and study
1190	performed shall be responsible for the payment of the costs of
1191	such investigation and study. Upon submission of the study to
1192	the court, the agency, staff, or person performing the study
1193	shall include a bill for services, which shall be taxed and
1194	ordered paid as costs in the proceeding.
1195	Section 12.  Paragraph (c) of subsection (1) and subsection
1196	(6) of section 61.21, Florida Statutes, are amended to read:
1197	61.21  Parenting course authorized; fees; required
1198	attendance authorized; contempt.--
1199	(1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of
1200	the Legislature that:
1201	(c)  It has been found to be beneficial to parents who are
1202	separating or divorcing to have available an educational program
1203	that will provide general information regarding:
1204	1.  The issues and legal procedures for resolving time-
1205	sharing custody and child support disputes.
1206	2.  The emotional experiences and problems of divorcing
1207	adults.
1208	3.  The family problems and the emotional concerns and
1209	needs of the children.
1210	4.  The availability of community services and resources.
1211	(6)  All parties to a modification of a final judgment
1212	involving a parenting plan or a time-sharing schedule shared
1213	parental responsibilities, custody, or visitation may be
1214	required to complete a court-approved parenting course prior to
1215	the entry of an order modifying the final judgment.
1216	Section 13.  Paragraph (a) of subsection (1), paragraph (b)
1217	of subsection (2), and subsections (7), (8), (11), and (17) of
1218	section 61.30, Florida Statutes, are amended to read:
1219	61.30  Child support guidelines; retroactive child
1220	support.--
1221	(1)(a)  The child support guideline amount as determined by
1222	this section presumptively establishes the amount the trier of
1223	fact shall order as child support in an initial proceeding for
1224	such support or in a proceeding for modification of an existing
1225	order for such support, whether the proceeding arises under this
1226	or another chapter.  The trier of fact may order payment of
1227	child support which varies, plus or minus 5 percent, from the
1228	guideline amount, after considering all relevant factors,
1229	including the needs of the child or children, age, station in
1230	life, standard of living, and the financial status and ability
1231	of each parent.  The trier of fact may order payment of child
1232	support in an amount which varies more than 5 percent from such
1233	guideline amount only upon a written finding explaining why
1234	ordering payment of such guideline amount would be unjust or
1235	inappropriate. Notwithstanding the variance limitations of this
1236	section, the trier of fact shall order payment of child support
1237	which varies from the guideline amount as provided in paragraph
1238	(11)(b) whenever any of the children are required by court order
1239	or mediation agreement to spend a substantial amount of time
1240	with both the primary and secondary residential parents. This
1241	requirement applies to any living arrangement, whether temporary
1242	or permanent.
1243	(2)  Income shall be determined on a monthly basis for the
1244	obligor and for the obligee as follows:
1245	(b)  Income on a monthly basis shall be imputed to an
1246	unemployed or underemployed parent when such employment or
1247	underemployment is found to be voluntary on that parent's part,
1248	absent physical or mental incapacity or other circumstances over
1249	which the parent has no control.  In the event of such voluntary
1250	unemployment or underemployment, the employment potential and
1251	probable earnings level of the parent shall be determined based
1252	upon his or her recent work history, occupational
1253	qualifications, and prevailing earnings level in the community;
1254	however, the court may refuse to impute income to a primary
1255	residential parent if the court finds it necessary for the
1256	parent to stay home with the child.
1257	(7)  Child care costs incurred on behalf of the children
1258	due to employment, job search, or education calculated to result
1259	in employment or to enhance income of current employment of
1260	either parent shall be reduced by 25 percent and then shall be
1261	added to the basic obligation. After the adjusted child care
1262	costs are added to the basic obligation, any moneys prepaid by
1263	one the noncustodial parent for child care costs for the child
1264	or children of this action shall be deducted from that
1265	noncustodial parent's child support obligation for that child or
1266	those children. Child care costs may shall not exceed the level
1267	required to provide quality care from a licensed source for the
1268	children.
1269	(8)  Health insurance costs resulting from coverage ordered
1270	pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
1271	and prescription medication expenses of the child, shall be
1272	added to the basic obligation unless these expenses have been
1273	ordered to be separately paid on a percentage basis. After the
1274	health insurance costs are added to the basic obligation, any
1275	moneys prepaid by the noncustodial parent for health-related
1276	costs for the child or children of this action shall be deducted
1277	from that noncustodial parent's child support obligation for
1278	that child or those children.
1279	(11)(a)  The court may adjust the minimum child support
1280	award, or either or both parents' share of the minimum child
1281	support award, based upon the following considerations:
1282	1.  Extraordinary medical, psychological, educational, or
1283	dental expenses.
1284	2.  Independent income of the child, not to include moneys
1285	received by a child from supplemental security income.
1286	3.  The payment of support for a parent which regularly has
1287	been paid and for which there is a demonstrated need.
1288	4.  Seasonal variations in one or both parents' incomes or
1289	expenses.
1290	5.  The age of the child, taking into account the greater
1291	needs of older children.
1292	6.  Special needs, such as costs that may be associated
1293	with the disability of a child, that have traditionally been met
1294	within the family budget even though the fulfilling of those
1295	needs will cause the support to exceed the proposed guidelines.
1296	7.  Total available assets of the obligee, obligor, and the
1297	child.
1298	8.  The impact of the Internal Revenue Service dependency
1299	exemption and waiver of that exemption. The court may order one
1300	the primary residential parent to execute a waiver of the
1301	Internal Revenue Service dependency exemption if the paying
1302	noncustodial parent is current in support payments.
1303	9.  When application of the child support guidelines
1304	requires a person to pay another person more than 55 percent of
1305	his or her gross income for a child support obligation for
1306	current support resulting from a single support order.
1307	10.  The particular parenting plan and time-sharing shared
1308	parental arrangement, such as where the child spends a
1309	significant amount of time, but less than 40 percent of the
1310	overnights, with one the noncustodial parent, thereby reducing
1311	the financial expenditures incurred by the other primary
1312	residential parent; or the refusal of a the noncustodial parent
1313	to become involved in the activities of the child.
1314	11.  Any other adjustment which is needed to achieve an
1315	equitable result which may include, but not be limited to, a
1316	reasonable and necessary existing expense or debt.  Such expense
1317	or debt may include, but is not limited to, a reasonable and
1318	necessary expense or debt which the parties jointly incurred
1319	during the marriage.
1320	(b)  Whenever a particular time-sharing shared parental
1321	arrangement provides that each child spend a substantial amount
1322	of time with each parent, the court shall adjust any award of
1323	child support, as follows:
1324	1.  In accordance with subsections (9) and (10), calculate
1325	the amount of support obligation apportioned to each the
1326	noncustodial parent without including day care and health
1327	insurance costs in the calculation and multiply the amount by
1328	1.5.
1329	2.  In accordance with subsections (9) and (10), calculate
1330	the amount of support obligation apportioned to the custodial
1331	parent without including day care and health insurance costs in
1332	the calculation and multiply the amount by 1.5.
1333	2.3.  Calculate the percentage of overnight stays the child
1334	spends with each parent.
1335	3.4.  Multiply each the noncustodial parent's support
1336	obligation as calculated in subparagraph 1. by the percentage of
1337	the custodial parent's overnight stays with the child as
1338	calculated in subparagraph 2. 3.
1339	5.  Multiply the custodial parent's support obligation as
1340	calculated in subparagraph 2. by the percentage of the
1341	noncustodial parent's overnight stays with the child as
1342	calculated in subparagraph 3.
1343	4.6.  The difference between the amounts calculated in
1344	subparagraphs 3. 4. and 4. 5. shall be the monetary transfer
1345	necessary between the custodial and noncustodial parents for the
1346	care of the child, subject to an adjustment for day care and
1347	health insurance expenses.
1348	5.7.  Pursuant to subsections (7) and (8), calculate the
1349	net amounts owed by the custodial and noncustodial parents for
1350	the expenses incurred for day care and health insurance coverage
1351	for the child. Day care shall be calculated without regard to
1352	the 25-percent reduction applied by subsection (7).
1353	6.8.  Adjust the support obligation owed by the custodial
1354	or noncustodial parent pursuant to subparagraph 4. 6. by
1355	crediting or debiting the amount calculated in subparagraph 5.
1356	7. This amount represents the child support which must be
1357	exchanged between the custodial and noncustodial parents.
1358	7.9.  The court may deviate from the child support amount
1359	calculated pursuant to subparagraph 6. 8. based upon the
1360	considerations set forth in paragraph (a), as well as either the
1361	custodial parent's low income and ability to maintain the basic
1362	necessities of the home for the child, the likelihood that
1363	either the noncustodial parent will actually exercise the time-
1364	sharing visitation granted by the court, and whether all of the
1365	children are exercising the same time-sharing shared parental
1366	arrangement.
1367	8.10.  For purposes of adjusting any award of child support
1368	under this paragraph, "substantial amount of time" means that
1369	the parents divide time with the child on at least a 60-percent
1370	to 40-percent division noncustodial parent exercises visitation
1371	at least 40 percent of the overnights of the year.
1372	(c)  A noncustodial parent's failure to regularly exercise
1373	court-ordered or agreed time-sharing visitation not caused by
1374	the other custodial parent which resulted in the adjustment of
1375	the amount of child support pursuant to subparagraph (a)10. or
1376	paragraph (b) shall be deemed a substantial change of
1377	circumstances for purposes of modifying the child support award.
1378	A modification pursuant to this paragraph is shall be
1379	retroactive to the date the noncustodial parent first failed to
1380	regularly exercise court-ordered or agreed time-sharing
1381	visitation.
1382	(17)  In an initial determination of child support, whether
1383	in a paternity action, dissolution of marriage action, or
1384	petition for support during the marriage, the court has
1385	discretion to award child support retroactive to the date when
1386	the parents did not reside together in the same household with
1387	the child, not to exceed a period of 24 months preceding the
1388	filing of the petition, regardless of whether that date precedes
1389	the filing of the petition.  In determining the retroactive
1390	award in such cases, the court shall consider the following:
1391	(a)  The court shall apply the guidelines in effect at the
1392	time of the hearing subject to the obligor's demonstration of
1393	his or her actual income, as defined by subsection (2), during
1394	the retroactive period.  Failure of the obligor to so
1395	demonstrate shall result in the court using the obligor's income
1396	at the time of the hearing in computing child support for the
1397	retroactive period.
1398	(b)  The court shall consider the time-sharing arrangement
1399	exercised by the parents during the separation period in
1400	determining the appropriate percentage of overnights exercised
1401	by each parent so as to apply the substantial time-sharing
1402	method of calculating support according to paragraph (11)(b), if
1403	appropriate.
1404	(c)(b)  All actual payments made by one the noncustodial
1405	parent to the other custodial parent or the child or third
1406	parties for the benefit of the child throughout the proposed
1407	retroactive period.
1408	(d)(c)  The court should consider an installment payment
1409	plan for the payment of retroactive child support.
1410	Section 14.  Section 61.401, Florida Statutes, is amended
1411	to read:
1412	61.401  Appointment of guardian ad litem.--In an action
1413	involving a parenting plan or a time-sharing schedule for
1414	dissolution of marriage, modification, parental responsibility,
1415	custody, or visitation, if the court finds it is in the best
1416	interest of the child, the court may appoint a guardian ad litem
1417	to act as next friend of the child, investigator or evaluator,
1418	not as attorney or advocate. The court in its discretion may
1419	also appoint legal counsel for a child to act as attorney or
1420	advocate; however, the guardian and the legal counsel shall not
1421	be the same person. In such actions which involve an allegation
1422	of child abuse, abandonment, or neglect as defined in s. 39.01,
1423	which allegation is verified and determined by the court to be
1424	well-founded, the court shall appoint a guardian ad litem for
1425	the child. The guardian ad litem shall be a party to any
1426	judicial proceeding from the date of the appointment until the
1427	date of discharge.
1428	Section 15.  Section 61.45, Florida Statutes, is amended to
1429	read:
1430	61.45  Court-ordered parenting plan Court order of
1431	visitation or custody; risk of violation; bond.--
1432	(1)  In a proceeding in which the court enters a parenting
1433	plan, including a time-sharing schedule an order of child
1434	custody or visitation, including in a modification proceeding,
1435	upon the presentation of competent substantial evidence that
1436	there is a risk that one party may violate the court's parenting
1437	plan order of visitation or custody by removing a child from
1438	this state or country or by concealing the whereabouts of a
1439	child, or upon stipulation of the parties, the court may:
1440	(a)  Order that a parent may not remove the child from this
1441	state without the notarized written permission of both parents
1442	or further court order;
1443	(b)  Order that a parent may not remove the child from this
1444	country without the notarized written permission of both parents
1445	or further court order;
1446	(c)  Order that a parent may not take the child to a
1447	country that has not ratified or acceded to the Hague
1448	Convention on the Civil Aspects of International Child Abduction
1449	unless the other parent agrees in writing that the child may be
1450	taken to the country;
1451	(d)  Require a parent to surrender the passport of the
1452	child; or
1453	(e)  Require that party to post bond or other security.
1454	(2)  If the court enters a parenting plan an order of child
1455	custody or visitation, including in a modification proceeding,
1456	that includes a provision entered under paragraph (1)(b) or
1457	paragraph (1)(c), a certified copy of the order should be sent
1458	by the parent who requested the restriction to the Passport
1459	Services Office of the United States Department of State
1460	requesting that they not issue a passport to the child without
1461	their signature or further court order.
1462	(3)  In assessing the need for a bond or other security,
1463	the court may consider any reasonable factor bearing upon the
1464	risk that a party may violate a parenting plan visitation or
1465	custody order by removing a child from this state or country or
1466	by concealing the whereabouts of a child, including but not
1467	limited to whether:
1468	(a)  A court has previously found that a party previously
1469	removed a child from Florida or another state in violation of a
1470	parenting plan custody or visitation order, or whether a court
1471	had found that a party has threatened to take a child out of
1472	Florida or another state in violation of a parenting plan
1473	custody or visitation order;
1474	(b)  The party has strong family and community ties to
1475	Florida or to other states or countries, including whether the
1476	party or child is a citizen of another country;
1477	(c)  The party has strong financial reasons to remain in
1478	Florida or to relocate to another state or country;
1479	(d)  The party has engaged in activities that suggest plans
1480	to leave Florida, such as quitting employment; sale of a
1481	residence or termination of a lease on a residence, without
1482	efforts to acquire an alternative residence in the state;
1483	closing bank accounts or otherwise liquidating assets; or
1484	applying for a passport;
1485	(e)  Either party has had a history of domestic violence as
1486	either a victim or perpetrator, child abuse or child neglect
1487	evidenced by criminal history, including but not limited to,
1488	arrest, an injunction for protection against domestic violence
1489	issued after notice and hearing under s. 741.30, medical
1490	records, affidavits, or any other relevant information; or
1491	(f)  The party has a criminal record.
1492	(4)  The court must consider the party's financial
1493	resources prior to setting the bond amount under this section.
1494	Under no circumstances may the court set a bond that is
1495	unreasonable.
1496	(5)  Any deficiency of bond or security shall not absolve
1497	the violating party of responsibility to pay the full amount of
1498	damages determined by the court.
1499	(6)(a)  Upon a material violation of any parenting plan
1500	custody or visitation order by removing a child from this state
1501	or this country or by concealing the whereabouts of a child, the
1502	court may order the bond or other security forfeited in whole or
1503	in part.
1504	(b)  This section, including the requirement to post a bond
1505	or other security, does not apply to a parent who, in a
1506	proceeding to order or modify a parenting plan or time-sharing
1507	schedule, is determined by the court to be child custody or
1508	visitation, the court determines is a victim of an act of
1509	domestic violence or provides the court with has reasonable
1510	cause to believe that he or she is about to become the victim of
1511	an act of domestic violence, as defined in s. 741.28. An
1512	injunction for protection against domestic violence issued
1513	pursuant to s. 741.30 for a parent as the petitioner which is in
1514	effect at the time of the court proceeding shall be one means of
1515	demonstrating sufficient evidence that the parent is a victim of
1516	domestic violence or is about to become the victim of an act of
1517	domestic violence, as defined in s. 741.28, and shall exempt the
1518	parent from this section, including the requirement to post a
1519	bond or other security. A parent who is determined by the court
1520	to be exempt from the requirements of this section must meet the
1521	requirements of s. 787.03(6) if an offense of interference with
1522	the parenting plan or time-sharing schedule custody is
1523	committed.
1524	(7)(a)  Upon an order of forfeiture, the proceeds of any
1525	bond or other security posted pursuant to this subsection may
1526	only be used to:
1527	1.  Reimburse the nonviolating party for actual costs or
1528	damages incurred in upholding the court's parenting plan order
1529	of custody or visitation.
1530	2.  Locate and return the child to the residence as set
1531	forth in the parenting plan visitation or custody order.
1532	3.  Reimburse reasonable fees and costs as determined by
1533	the court.
1534	(b)  Any remaining proceeds shall be held as further
1535	security if deemed necessary by the court, and if further
1536	security is not found to be necessary; applied to any child
1537	support arrears owed by the parent against whom the bond was
1538	required, and if no arrears exists; all remaining proceeds will
1539	be allocated by the court in the best interest of the child.
1540	(8)  At any time after the forfeiture of the bond or other
1541	security, the party who posted the bond or other security, or
1542	the court on its own motion may request that the party provide
1543	documentation substantiating that the proceeds received as a
1544	result of the forfeiture have been used solely in accordance
1545	with this subsection.  Any party using such proceeds for
1546	purposes not in accordance with this section may be found in
1547	contempt of court.
1548	Section 16.  Paragraphs (b) and (c) of subsection (3) of
1549	section 741.0306, Florida Statutes, are amended to read:
1550	741.30  Domestic violence; injunction; powers and duties of
1551	court and clerk; petition; notice and hearing; temporary
1552	injunction; issuance of injunction; statewide verification
1553	system; enforcement.--
1554	(3)
1555	(b)  The sworn petition shall be in substantially the
1556	following form:
1557	PETITION FOR
1558	INJUNCTION FOR PROTECTION
1559	AGAINST DOMESTIC VIOLENCE
1560
1561	Before me, the undersigned authority, personally appeared
1562	Petitioner   (Name)  , who has been sworn and says that the
1563	following statements are true:
1564	(a)  Petitioner resides at:   (address)
1565	(Petitioner may furnish address to the court in a separate
1566	confidential filing if, for safety reasons, the petitioner
1567	requires the location of the current residence to be
1568	confidential.)
1569	(b)  Respondent resides at:   (last known address)
1570	(c)  Respondent's last known place of employment:   (name
1571	of business and address)
1572	(d)  Physical description of respondent: _____
1573	Race_____
1574	Sex_____
1575	Date of birth_____
1576	Height_____
1577	Weight_____
1578	Eye color_____
1579	Hair color_____
1580	Distinguishing marks or scars_____
1581	(e)  Aliases of respondent: _____
1582	(f)  Respondent is the spouse or former spouse of the
1583	petitioner or is any other person related by blood or marriage
1584	to the petitioner or is any other person who is or was residing
1585	within a single dwelling unit with the petitioner, as if a
1586	family, or is a person with whom the petitioner has a child in
1587	common, regardless of whether the petitioner and respondent are
1588	or were married or residing together, as if a family.
1589	(g)  The following describes any other cause of action
1590	currently pending between the petitioner and respondent:
1591
1592	The petitioner should also describe any previous or pending
1593	attempts by the petitioner to obtain an injunction for
1594	protection against domestic violence in this or any other
1595	circuit, and the results of that attempt
1596
1597	Case numbers should be included if available.
1598	(h)  Petitioner is either a victim of domestic violence or
1599	has reasonable cause to believe he or she is in imminent danger
1600	of becoming a victim of domestic violence because respondent has
1601	_____(mark all sections that apply and describe in the spaces
1602	below the incidents of violence or threats of violence,
1603	specifying when and where they occurred, including, but not
1604	limited to, locations such as a home, school, place of
1605	employment, or visitation exchange)_____:
1606	_____committed or threatened to commit domestic violence
1607	defined in s. 741.28, Florida Statutes, as any assault,
1608	aggravated assault, battery, aggravated battery, sexual assault,
1609	sexual battery, stalking, aggravated stalking, kidnapping, false
1610	imprisonment, or any criminal offense resulting in physical
1611	injury or death of one family or household member by another.
1612	With the exception of persons who are parents of a child in
1613	common, the family or household members must be currently
1614	residing or have in the past resided together in the same single
1615	dwelling unit.
1616	_____previously threatened, harassed, stalked, or
1617	physically abused the petitioner.
1618	_____attempted to harm the petitioner or family members or
1619	individuals closely associated with the petitioner.
1620	_____threatened to conceal, kidnap, or harm the
1621	petitioner's child or children.
1622	_____intentionally injured or killed a family pet.
1623	_____used, or has threatened to use, against the petitioner
1624	any weapons such as guns or knives.
1625	_____physically restrained the petitioner from leaving the
1626	home or calling law enforcement.
1627	_____a criminal history involving violence or the threat of
1628	violence (if known).
1629	_____another order of protection issued against him or her
1630	previously or from another jurisdiction (if known).
1631	_____destroyed personal property, including, but not
1632	limited to, telephones or other communication equipment,
1633	clothing, or other items belonging to the petitioner.
1634	_____engaged in any other behavior or conduct that leads
1635	the petitioner to have reasonable cause to believe he or she is
1636	in imminent danger of becoming a victim of domestic violence.
1637	(i)  Petitioner alleges the following additional specific
1638	facts: (mark appropriate sections)
1639	_____A minor child or minor children reside with the
1640	petitioner is the custodian of a minor child or children whose
1641	names and ages are as follows:
1642
1643	_____Petitioner needs the exclusive use and possession of
1644	the dwelling that the parties share.
1645	_____Petitioner is unable to obtain safe alternative
1646	housing because:
1647	_____Petitioner genuinely fears that respondent imminently
1648	will abuse, remove, or hide the minor child or children from
1649	petitioner because:
1650
1651	(j)  Petitioner genuinely fears imminent domestic violence
1652	by respondent.
1653	(k)  Petitioner seeks an injunction: (mark appropriate
1654	section or sections)
1655	_____Immediately restraining the respondent from committing
1656	any acts of domestic violence.
1657	_____Restraining the respondent from committing any acts of
1658	domestic violence.
1659	_____Awarding to the petitioner the temporary exclusive use
1660	and possession of the dwelling that the parties share or
1661	excluding the respondent from the residence of the petitioner.
1662	_____Providing a temporary parenting plan, including a
1663	temporary time-sharing schedule, Awarding temporary custody of,
1664	or temporary visitation rights with regard to, the minor child
1665	or children of the parties which might involve, or prohibiting
1666	or limiting time-sharing or requiring that it be visitation to
1667	that which is supervised by a third party.
1668	_____Establishing temporary support for the minor child or
1669	children or the petitioner.
1670	_____Directing the respondent to participate in a
1671	batterers' intervention program or other treatment pursuant to
1672	s. 39.901, Florida Statutes.
1673	_____Providing any terms the court deems necessary for the
1674	protection of a victim of domestic violence, or any minor
1675	children of the victim, including any injunctions or directives
1676	to law enforcement agencies.
1677	(d)  If the sworn petition seeks to determine a parenting
1678	plan and time-sharing schedule issues of custody or visitation
1679	with regard to the minor child or children of the parties, the
1680	sworn petition shall be accompanied by or shall incorporate the
1681	allegations required by s. 61.522 of the Uniform Child Custody
1682	Jurisdiction and Enforcement Act.
1683	(5)(a)  When it appears to the court that an immediate and
1684	present danger of domestic violence exists, the court may grant
1685	a temporary injunction ex parte, pending a full hearing, and may
1686	grant such relief as the court deems proper, including an
1687	injunction:
1688	1.  Restraining the respondent from committing any acts of
1689	domestic violence.
1690	2.  Awarding to the petitioner the temporary exclusive use
1691	and possession of the dwelling that the parties share or
1692	excluding the respondent from the residence of the petitioner.
1693	3.  On the same basis as provided in s. 61.13, providing
1694	the petitioner with 100 percent of the time-sharing that shall
1695	remain granting to the petitioner temporary custody of a minor
1696	child. An order of temporary custody remains in effect until the
1697	order expires or an order is entered by a court of competent
1698	jurisdiction in a pending or subsequent civil action or
1699	proceeding affecting the placement of, access to, parental time
1700	with, adoption of, or parental rights and responsibilities for
1701	the minor child.
1702	(6)(a)  Upon notice and hearing, when it appears to the
1703	court that the petitioner is either the victim of domestic
1704	violence as defined by s. 741.28 or has reasonable cause to
1705	believe he or she is in imminent danger of becoming a victim of
1706	domestic violence, the court may grant such relief as the court
1707	deems proper, including an injunction:
1708	1.  Restraining the respondent from committing any acts of
1709	domestic violence.
1710	2.  Awarding to the petitioner the exclusive use and
1711	possession of the dwelling that the parties share or excluding
1712	the respondent from the residence of the petitioner.
1713	3.  On the same basis as provided in chapter 61, providing
1714	the petitioner with 100 percent of the time-sharing in a
1715	temporary parenting plan that shall remain awarding temporary
1716	custody of, or temporary visitation rights with regard to, a
1717	minor child or children of the parties. An order of temporary
1718	custody or visitation remains in effect until the order expires
1719	or an order is entered by a court of competent jurisdiction in a
1720	pending or subsequent civil action or proceeding affecting the
1721	placement of, access to, parental time with, adoption of, or
1722	parental rights and responsibilities for the minor child.
1723	4.  On the same basis as provided in chapter 61,
1724	establishing temporary support for a minor child or children or
1725	the petitioner. An order of temporary support remains in effect
1726	until the order expires or an order is entered by a court of
1727	competent jurisdiction in a pending or subsequent civil action
1728	or proceeding affecting child support.
1729	5.  Ordering the respondent to participate in treatment,
1730	intervention, or counseling services to be paid for by the
1731	respondent. When the court orders the respondent to participate
1732	in a batterers' intervention program, the court, or any entity
1733	designated by the court, must provide the respondent with a list
1734	of all certified batterers' intervention programs and all
1735	programs which have submitted an application to the Department
1736	of Children and Family Services to become certified under s.
1737	741.32, from which the respondent must choose a program in which
1738	to participate. If there are no certified batterers'
1739	intervention programs in the circuit, the court shall provide a
1740	list of acceptable programs from which the respondent must
1741	choose a program in which to participate.
1742	6.  Referring a petitioner to a certified domestic violence
1743	center. The court must provide the petitioner with a list of
1744	certified domestic violence centers in the circuit which the
1745	petitioner may contact.
1746	7.  Ordering such other relief as the court deems necessary
1747	for the protection of a victim of domestic violence, including
1748	injunctions or directives to law enforcement agencies, as
1749	provided in this section.
1750	Section 17.  Subsections (1) and (2) of section 742.031,
1751	Florida Statutes, are amended to read:
1752	742.031  Hearings; court orders for support, hospital
1753	expenses, and attorney's fee.--
1754	(1)  Hearings for the purpose of establishing or refuting
1755	the allegations of the complaint and answer shall be held in the
1756	chambers and may be restricted to persons, in addition to the
1757	parties involved and their counsel, as the judge in his or her
1758	discretion may direct.  The court shall determine the issues of
1759	paternity of the child and the ability of the parents to support
1760	the child.  Each party's social security number shall be
1761	recorded in the file containing the adjudication of paternity.
1762	If the court finds that the alleged father is the father of the
1763	child, it shall so order.  If appropriate, the court shall order
1764	the father to pay the complainant, her guardian, or any other
1765	person assuming responsibility for the child moneys sufficient
1766	to pay reasonable attorney's fees, hospital or medical expenses,
1767	cost of confinement, and any other expenses incident to the
1768	birth of the child and to pay all costs of the proceeding.
1769	Bills for pregnancy, childbirth, and scientific testing are
1770	admissible as evidence without requiring third-party foundation
1771	testimony, and shall constitute prima facie evidence of amounts
1772	incurred for such services or for testing on behalf of the
1773	child.  The court shall order either or both parents owing a
1774	duty of support to the child to pay support pursuant to s.
1775	61.30.  The court shall issue, upon motion by a party, a
1776	temporary order requiring the provision of child support
1777	pursuant to s. 61.30 pending an administrative or judicial
1778	determination of parentage, if there is clear and convincing
1779	evidence of paternity on the basis of genetic tests or other
1780	evidence. The court may also make a determination of an
1781	appropriate parenting plan, including a time-sharing schedule as
1782	to the parental responsibility and residential care and custody
1783	of the minor children in accordance with chapter 61.
1784	(2)  If a judgment of paternity contains only a child
1785	support award with no parenting plan or time-sharing schedule,
1786	the obligee parent shall receive all of the time-sharing and
1787	sole parental responsibility no explicit award of custody, the
1788	establishment of a support obligation or of visitation rights in
1789	one parent shall be considered a judgment granting primary
1790	residential care and custody to the other parent without
1791	prejudice to the obligor parent. If a paternity judgment
1792	contains no such provisions, custody shall be presumed to be
1793	with the mother shall be presumed to have all of the time-
1794	sharing and sole parental responsibility.
1795	Section 18.  For the purpose of incorporating the
1796	amendments made by this act to section 741.30, Florida Statutes,
1797	in a reference thereto, paragraph (a) of subsection (3) of
1798	section 61.1825, Florida Statutes, is reenacted to read:
1799	61.1825  State Case Registry.--
1800	(3)(a)  For the purpose of this section, a family violence
1801	indicator must be placed on a record when:
1802	1.  A party executes a sworn statement requesting that a
1803	family violence indicator be placed on that party's record which
1804	states that the party has reason to believe that release of
1805	information to the Federal Case Registry may result in physical
1806	or emotional harm to the party or the child; or
1807	2.  A temporary or final injunction for protection against
1808	domestic violence has been granted pursuant to s. 741.30(6), an
1809	injunction for protection against domestic violence has been
1810	issued by a court of a foreign state pursuant to s. 741.315, or
1811	a temporary or final injunction for protection against repeat
1812	violence has been granted pursuant to s. 784.046; or
1813	3.  The department has received information on a Title IV-D
1814	case from the Domestic Violence and Repeat Violence Injunction
1815	Statewide Verification System, established pursuant to s.
1816	784.046(8)(b), that a court has granted a party a domestic
1817	violence or repeat violence injunction.
1818	Section 19.  Section 61.121, Florida Statutes, is repealed.
1819
1820	======= T I T L E  A M E N D M E N T =======
1821	Remove lines 71-73 and insert:
1822	An act relating to child support; retitling ch. 61, F.S.;
1823	amending s. 61.046, F.S.; deleting, revising, and providing
1824	definitions; amending s. 61.052, F.S.; authorizing the court to
1825	issue an appropriate order for a parenting plan; amending s.
1826	61.09, F.S.; authorizing the parent who is not receiving child
1827	support to apply to the court for support of the child; amending
1828	s. 61.10, F.S.; providing for the court to adjudicate parenting
1829	plans and the time-sharing schedules when unconnected with the
1830	dissolution of a marriage; amending s. 61.122, F.S.; providing
1831	for developing a parenting plan recommendation; amending s.
1832	61.13, F.S.; authorizing the court to make orders relating to
1833	time-sharing and parenting of children; requiring equal
1834	treatment for mothers and fathers in parenting decisions;
1835	providing for the creation or modification of a parenting plan
1836	or time-sharing schedule; establishing criteria for determining
1837	the best interests of a child; providing that a parent may not
1838	refuse to obey time-sharing orders even if the other parent has
1839	not paid alimony or child support; authorizing a court to order
1840	additional time-sharing if the custodial parent refuses to abide
1841	by the time-sharing agreement or order; amending s. 61.13001,
1842	F.S.; providing for relocation of a child; providing for a
1843	relocation agreement between the parents; providing procedures
1844	for relocation when an agreement cannot be reached; requiring a
1845	court to consider the impact of a relocation on a child with
1846	certain health conditions; amending s. 61.181, F.S.; providing
1847	for distributing child support funds; amending s. 61.1827, F.S.,
1848	relating to child support services; conforming provisions to
1849	changes made by the act; amending s. 61.20, F.S.; providing for
1850	the court to order a social service investigation if a parenting
1851	plan is at issue; amending s. 61.21, F.S.; providing that
1852	parties to a parenting plan or a time-sharing schedule may be
1853	required by the court to attend a parenting course; amending s.
1854	61.30, F.S.; revising calculations for child support awards;
1855	amending s. 61.401, F.S.; authorizing the court to appoint a
1856	guardian ad litem in cases involving a parenting plan or a time-
1857	sharing schedule; amending s. 61.45, F.S.; providing for court
1858	orders for parenting plans and time-sharing schedules; amending
1859	s. 741.0306, F.S.; including material on parenting plans and
1860	time-sharing schedules in the family law handbook prepared by
1861	The Florida Bar; amending s. 741.30, F.S., relating to
1862	injunctions against domestic violence; conforming provisions to
1863	changes made by the act; amending s. 742.031, F.S.; providing
1864	for parenting plans and time-sharing schedules in proceedings to
1865	determine paternity; reenacting s. 61.1825(3)(a), F.S., relating
1866	to the State Case Registry, to incorporate the amendments made
1867	to s. 741.30, F.S., in a reference thereto; repealing s. 61.121,
1868	F.S., relating to court orders for rotating custody between
1869	parents if it is in the best interests of the child; creating s.
1870	61.13002, F.S.;

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