CS/HB 1075

1	A bill to be entitled
2	An act relating to child custody and support; providing a
3	directive to the Division of Statutory Revision to retitle
4	ch. 61, F.S.; amending s. 61.046, F.S.; defining the terms
5	"parenting plan," "parenting plan recommendation," and
6	"time-sharing schedule"; deleting definitions of the terms
7	"custodial parent" and "noncustodial parent"; amending ss.
8	61.052, 61.09, and 61.10, F.S.; conforming provisions to
9	changes in terminology; repealing s. 61.121, F.S.,
10	relating to rotating custody; amending s. 61.122, F.S.;
11	conforming provisions to changes in terminology; revising
12	provisions relating to a presumption of good faith for
13	psychologists making specified determinations; amending s.
14	61.13, F.S.; revising provisions relating to modification
15	of support; conforming provisions to changes in
16	terminology; revising provisions relating to development
17	of a parenting plan; amending s. 61.13001, F.S.;
18	conforming provisions to changes in terminology; deleting
19	obsolete definitions; amending s. 61.13002, F.S.;
20	providing for orders of temporary support for children
21	whose time-sharing is temporarily modified due to a
22	parent's military service; conforming provisions to
23	changes in terminology; amending ss. 61.14, 61.181, and
24	61.1827, F.S.; conforming provisions to changes in
25	terminology; conforming a cross-reference; amending s.
26	61.20, F.S.; conforming provisions to changes in
27	terminology; revising provisions relating to social
28	investigation and recommendations regarding a parenting
29	plan; amending s. 61.21, F.S.; conforming provisions to
30	changes in terminology; amending ss. 61.30, 61.401, 61.45,
31	409.2554, and 409.2558, F.S.; conforming provisions to
32	changes in terminology; amending s. 409.2563, F.S.;
33	conforming provisions to changes in terminology; revising
34	provisions relating to presumption of a parent's income
35	for the purpose of establishing a support obligation;
36	deleting an obsolete provision concerning a study by the
37	Office of Program Policy Analysis and Government
38	Accountability; amending ss. 409.2564, 409.25657,
39	409.25659, and 409.2577, F.S.; conforming provisions to
40	changes in terminology; amending s. 409.2579, F.S.;
41	conforming a cross-reference; amending ss. 409.811,
42	414.0252, 414.065, 414.085, 414.095, 414.295, and 445.024,
43	F.S.; conforming provisions to changes in terminology;
44	amending s. 741.0306, F.S.; revising requirements for a
45	family law handbook; conforming provisions to changes in
46	terminology; requiring a review of the handbook and a
47	report to the Legislature; amending s. 741.30, F.S.;
48	conforming provisions to changes in terminology; amending
49	s. 742.031, F.S.; conforming provisions to changes in
50	terminology; providing for time-sharing and parental
51	responsibility in paternity judgments; amending ss. 753.01
52	and 827.06, F.S.; conforming provisions to changes in
53	terminology; reenacting s. 61.1825(3)(a), F.S., relating
54	to relating to the State Case Registry, to incorporate the
55	amendments made to s. 741.30, F.S., in a reference
56	thereto; providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  The Division of Statutory Revision is directed
61	to redesignate chapter 61, Florida Statutes, as "Dissolution of
62	Marriage; Support; Time-sharing."
63	Section 2.  Section 61.046, Florida Statutes, is amended to
64	read:
65	61.046  Definitions.--As used in this chapter, the term:
66	(1)  "Business day" means any day other than a Saturday,
67	Sunday, or legal holiday.
68	(2)  "Clerk of Court Child Support Collection System" or
69	"CLERC System" means the automated system established pursuant
70	to s. 61.181(2)(b)1., integrating all clerks of court and
71	depositories and through which payment data and State Case
72	Registry data is transmitted to the department's automated child
73	support enforcement system.
74	(3)  "Custodial parent" or "primary residential parent"
75	means the parent with whom the child maintains his or her
76	primary residence.
77	(3)(4)  "Department" means the Department of Revenue.
78	(4)(5)  "Depository" means the central governmental
79	depository established pursuant to s. 61.181, created by special
80	act of the Legislature or other entity established before June
81	1, 1985, to perform depository functions and to receive, record,
82	report, disburse, monitor, and otherwise handle alimony and
83	child support payments not otherwise required to be processed by
84	the State Disbursement Unit.
85	(5)(6)  "Electronic communication" means contact, other
86	than face-to-face contact, facilitated by tools such as
87	telephones, electronic mail or e-mail, webcams, video-
88	conferencing equipment and software or other wired or wireless
89	technologies, or other means of communication to supplement
90	face-to-face contact between a parent and that parent's minor
91	child.
92	(6)(7)  "Federal Case Registry of Child Support Orders"
93	means the automated registry of support order abstracts and
94	other information established and maintained by the United
95	States Department of Health and Human Services as provided by 42
96	U.S.C. s. 653(h).
97	(7)(8)  "Income" means any form of payment to an
98	individual, regardless of source, including, but not limited to:
99	wages, salary, commissions and bonuses, compensation as an
100	independent contractor, worker's compensation, disability
101	benefits, annuity and retirement benefits, pensions, dividends,
102	interest, royalties, trusts, and any other payments, made by any
103	person, private entity, federal or state government, or any unit
104	of local government. United States Department of Veterans
105	Affairs disability benefits and unemployment compensation, as
106	defined in chapter 443, are excluded from this definition of
107	income except for purposes of establishing an amount of support.
108	(8)(9)  "IV-D" means services provided pursuant to Title
109	IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.
110	(9)(10)  "Local officer" means an elected or appointed
111	constitutional or charter government official including, but not
112	limited to, the state attorney and clerk of the circuit court.
113	(10)(11)  "National medical support notice" means the
114	notice required under 42 U.S.C. s. 666(a)(19).
115	(12)  "Noncustodial parent" means the parent with whom the
116	child does not maintain his or her primary residence.
117	(11)(13)  "Obligee" means the person to whom payments are
118	made pursuant to an order establishing, enforcing, or modifying
119	an obligation for alimony, for child support, or for alimony and
120	child support.
121	(12)(14)  "Obligor" means a person responsible for making
122	payments pursuant to an order establishing, enforcing, or
123	modifying an obligation for alimony, for child support, or for
124	alimony and child support.
125	(13)  "Parenting plan" means a document created to govern
126	the relationship between the parties relating to the decisions
127	that must be made regarding the minor child and shall contain a
128	time-sharing schedule for the parents and child. The issues
129	concerning the minor child may include, but are not limited to,
130	the child's education, health care, and physical, social, and
131	emotional well-being. In creating the plan, all circumstances
132	between the parties, including the parties' historic
133	relationship, domestic violence, and other factors must be taken
134	into consideration. The parenting plan shall be developed and
135	agreed to by the parents and approved by a court or, if the
136	parents cannot agree, established by the court.
137	(a)  Any parenting plan formulated under this chapter must
138	address all jurisdictional issues, including, but not limited
139	to, the Uniform Child Custody Jurisdiction and Enforcement Act,
140	part II of this chapter, the International Child Abduction
141	Remedies Act, 42 U.S.C. ss. 11601 et seq., the Parental
142	Kidnapping Prevention Act, and the Convention on the Civil
143	Aspects of International Child Abduction enacted at the Hague on
144	October 25, 1980.
145	(b)  For purposes of the application of the Uniform Child
146	Custody Jurisdiction and Enforcement Act, part II of this
147	chapter, a judgment or order incorporating a parenting plan
148	under this part is a child custody determination under part II
149	of this chapter.
150	(c)  For purposes of the International Child Abduction
151	Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
152	the Civil Aspects of International Child Abduction, enacted at
153	the Hague on October 25, 1980, rights of custody shall be
154	determined under the parenting plan under this part.
155	(14)  "Parenting plan recommendation" means a nonbinding
156	recommendation made by a psychologist licensed under chapter
157	490.
158	(15)  "Payor" means an employer or former employer or any
159	other person or agency providing or administering income to the
160	obligor.
161	(16)  "Shared parental responsibility" means a court-
162	ordered relationship in which both parents retain full parental
163	rights and responsibilities with respect to their child and in
164	which both parents confer with each other so that major
165	decisions affecting the welfare of the child will be determined
166	jointly.
167	(17)  "Sole parental responsibility" means a court-ordered
168	relationship in which one parent makes decisions regarding the
169	minor child.
170	(18)  "State Case Registry" means the automated registry
171	maintained by the Title IV-D agency, containing records of each
172	Title IV-D case and of each support order established or
173	modified in the state on or after October 1, 1998. Such records
174	shall consist of data elements as required by the United States
175	Secretary of Health and Human Services.
176	(19)  "State Disbursement Unit" means the unit established
177	and operated by the Title IV-D agency to provide one central
178	address for collection and disbursement of child support
179	payments made in cases enforced by the department pursuant to
180	Title IV-D of the Social Security Act and in cases not being
181	enforced by the department in which the support order was
182	initially issued in this state on or after January 1, 1994, and
183	in which the obligor's child support obligation is being paid
184	through income deduction order.
185	(20)  "Support order" means a judgment, decree, or order,
186	whether temporary or final, issued by a court of competent
187	jurisdiction or administrative agency for the support and
188	maintenance of a child which provides for monetary support,
189	health care, arrearages, or past support. When the child support
190	obligation is being enforced by the Department of Revenue, the
191	term "support order" also means a judgment, decree, or order,
192	whether temporary or final, issued by a court of competent
193	jurisdiction for the support and maintenance of a child and the
194	spouse or former spouse of the obligor with whom the child is
195	living which provides for monetary support, health care,
196	arrearages, or past support.
197	(21)  "Support," unless otherwise specified, means:
198	(a)  Child support and, when the child support obligation
199	is being enforced by the Department of Revenue, spousal support
200	or alimony for the spouse or former spouse of the obligor with
201	whom the child is living.
202	(b)  Child support only in cases not being enforced by the
203	Department of Revenue.
204	(22)  "Time-sharing schedule" means a timetable that must
205	be included in the parenting plan that specifies the time,
206	including overnights and holidays, that a minor child will spend
207	with each parent. If developed and agreed to by the parents of a
208	minor child, it must be approved by the court. If the parents
209	cannot agree, the schedule shall be established by the court.
210	Section 3.  Subsection (3) of section 61.052, Florida
211	Statutes, is amended to read:
212	61.052  Dissolution of marriage.--
213	(3)  During any period of continuance, the court may make
214	appropriate orders for the support and alimony of the parties;
215	the parenting plan primary residence, custody, rotating custody,
216	visitation, support, maintenance, and education of the minor
217	child of the marriage; attorney's fees; and the preservation of
218	the property of the parties.
219	Section 4.  Section 61.09, Florida Statutes, is amended to
220	read:
221	61.09  Alimony and child support unconnected with
222	dissolution.--If a person having the ability to contribute to
223	the maintenance of his or her spouse and support of his or her
224	minor child fails to do so, the spouse who is not receiving
225	support or who has custody of the child or with whom the child
226	has primary residence may apply to the court for alimony and for
227	support for the child without seeking dissolution of marriage,
228	and the court shall enter an order as it deems just and proper.
229	Section 5.  Section 61.10, Florida Statutes, is amended to
230	read:
231	61.10  Adjudication of obligation to support spouse or
232	minor child unconnected with dissolution; parenting plan child
233	custody, child's primary residence, and visitation.--Except when
234	relief is afforded by some other pending civil action or
235	proceeding, a spouse residing in this state apart from his or
236	her spouse and minor child, whether or not such separation is
237	through his or her fault, may obtain an adjudication of
238	obligation to maintain the spouse and minor child, if any. The
239	court shall adjudicate his or her financial obligations to the
240	spouse and child and, shall establish the parenting plan for
241	child's primary residence, and shall determine the custody and
242	visitation rights of the parties. Such an action does not
243	preclude either party from maintaining any other proceeding
244	under this chapter for other or additional relief at any time.
245	Section 6.  Section 61.121, Florida Statutes, is repealed.
246	Section 7.  Section 61.122, Florida Statutes, is amended to
247	read:
248	61.122  Parenting plan recommendation Child custody
249	evaluations; presumption of psychologist's good faith;
250	prerequisite to parent's filing suit; award of fees, costs,
251	reimbursement.--
252	(1)  A psychologist who has been appointed by the court to
253	develop a parenting plan recommendation conduct a child custody
254	evaluation in a dissolution of marriage, a case of domestic
255	violence, or a paternity matter involving the relationship of a
256	child and a parent, including time-sharing of children, judicial
257	proceeding is presumed to be acting in good faith if the
258	psychologist's recommendation evaluation has been reached under
259	conducted pursuant to standards that a reasonable psychologist
260	would use to develop a parenting plan recommendation have used
261	as recommended by the American Psychological Association's
262	guidelines for child custody evaluation in divorce proceedings.
263	(2)  An administrative complaint against a court-appointed
264	psychologist which relates to a parenting plan recommendation
265	child custody evaluation conducted by the psychologist may not
266	be filed anonymously. The individual who files such an
267	administrative complaint must include in the complaint his or
268	her name, address, and telephone number.
269	(3)  A parent who desires wishes to file a legal action
270	against a court-appointed psychologist who has acted in good
271	faith in developing conducting a parenting plan recommendation
272	child custody evaluation must petition the judge who presided
273	over the dissolution of marriage, case of domestic violence, or
274	paternity matter involving the relationship of a child and a
275	parent, including time-sharing of children, child custody
276	proceeding to appoint another psychologist. Upon the parent's
277	showing of good cause, the court shall appoint another
278	psychologist. The court shall determine make a determination as
279	to who is responsible for all court costs and attorney's fees
280	associated with making such an appointment.
281	(4)  If a legal action, whether it be a civil action, a
282	criminal action, or an administrative proceeding, is filed
283	against a court-appointed psychologist in a dissolution of
284	marriage, case of domestic violence, or paternity matter
285	involving the relationship of a child and a parent, including
286	time-sharing of children child custody proceeding, the claimant
287	is responsible for all reasonable costs and reasonable
288	attorney's fees associated with the action for both parties if
289	the psychologist is held not liable. If the psychologist is held
290	liable in civil court, the psychologist must pay all reasonable
291	costs and reasonable attorney's fees for the claimant.
292	Section 8.  Section 61.13, Florida Statutes, is amended to
293	read:
294	61.13  Custody and Support of children; parenting and time-
295	sharing visitation rights; powers power of court in making
296	orders.--
297	(1)(a)  In a proceeding under this chapter, the court may
298	at any time order either or both parents who owe a duty of
299	support to a child to pay support to the other parent or, in the
300	case of both parents, to the person with custody in accordance
301	with the child support guidelines schedule in s. 61.30. The
302	court initially entering an order requiring one or both parents
303	to make child support payments has shall have continuing
304	jurisdiction after the entry of the initial order to modify the
305	amount and terms and conditions of the child support payments
306	when the modification is found necessary by the court in the
307	best interests of the child, when the child reaches majority, or
308	when there is a substantial change in the circumstances of the
309	parties, when s. 743.07(2) applies, or when a child is
310	emancipated, marries, joins the armed services, or dies. The
311	court initially entering a child support order has shall also
312	have continuing jurisdiction to require the obligee to report to
313	the court on terms prescribed by the court regarding the
314	disposition of the child support payments.
315	(b)  Each order for support shall contain a provision for
316	health care coverage for the minor child when the coverage is
317	reasonably available. Coverage is reasonably available if either
318	the obligor or obligee has access at a reasonable rate to a
319	group health plan. The court may require the obligor either to
320	provide health care coverage or to reimburse the obligee for the
321	cost of health care coverage for the minor child when coverage
322	is provided by the obligee. In either event, the court shall
323	apportion the cost of coverage, and any noncovered medical,
324	dental, and prescription medication expenses of the child, to
325	both parties by adding the cost to the basic obligation
326	determined pursuant to s. 61.30(6). The court may order that
327	payment of uncovered medical, dental, and prescription
328	medication expenses of the minor child be made directly to the
329	obligee on a percentage basis.
330	1.  In a non-Title IV-D case, a copy of the court order for
331	health care coverage shall be served on the obligor's union or
332	employer by the obligee when the following conditions are met:
333	a.  The obligor fails to provide written proof to the
334	obligee within 30 days after receiving effective notice of the
335	court order that the health care coverage has been obtained or
336	that application for coverage has been made;
337	b.  The obligee serves written notice of intent to enforce
338	an order for health care coverage on the obligor by mail at the
339	obligor's last known address; and
340	c.  The obligor fails within 15 days after the mailing of
341	the notice to provide written proof to the obligee that the
342	health care coverage existed as of the date of mailing.
343	2.a.  A support order enforced under Title IV-D of the
344	Social Security Act which requires that the obligor provide
345	health care coverage is enforceable by the department through
346	the use of the national medical support notice, and an amendment
347	to the support order is not required. The department shall
348	transfer the national medical support notice to the obligor's
349	union or employer. The department shall notify the obligor in
350	writing that the notice has been sent to the obligor's union or
351	employer, and the written notification must include the
352	obligor's rights and duties under the national medical support
353	notice. The obligor may contest the withholding required by the
354	national medical support notice based on a mistake of fact. To
355	contest the withholding, the obligor must file a written notice
356	of contest with the department within 15 business days after the
357	date the obligor receives written notification of the national
358	medical support notice from the department. Filing with the
359	department is complete when the notice is received by the person
360	designated by the department in the written notification. The
361	notice of contest must be in the form prescribed by the
362	department. Upon the timely filing of a notice of contest, the
363	department shall, within 5 business days, schedule an informal
364	conference with the obligor to discuss the obligor's factual
365	dispute. If the informal conference resolves the dispute to the
366	obligor's satisfaction or if the obligor fails to attend the
367	informal conference, the notice of contest is deemed withdrawn.
368	If the informal conference does not resolve the dispute, the
369	obligor may request an administrative hearing under chapter 120
370	within 5 business days after the termination of the informal
371	conference, in a form and manner prescribed by the department.
372	However, the filing of a notice of contest by the obligor does
373	not delay the withholding of premium payments by the union,
374	employer, or health plan administrator. The union, employer, or
375	health plan administrator must implement the withholding as
376	directed by the national medical support notice unless notified
377	by the department that the national medical support notice is
378	terminated.
379	b.  In a Title IV-D case, the department shall notify an
380	obligor's union or employer if the obligation to provide health
381	care coverage through that union or employer is terminated.
382	3.  In a non-Title IV-D case, upon receipt of the order
383	pursuant to subparagraph 1., or upon application of the obligor
384	pursuant to the order, the union or employer shall enroll the
385	minor child as a beneficiary in the group health plan regardless
386	of any restrictions on the enrollment period and withhold any
387	required premium from the obligor's income. If more than one
388	plan is offered by the union or employer, the child shall be
389	enrolled in the group health plan in which the obligor is
390	enrolled.
391	4.a.  Upon receipt of the national medical support notice
392	under subparagraph 2. in a Title IV-D case, the union or
393	employer shall transfer the notice to the appropriate group
394	health plan administrator within 20 business days after the date
395	on the notice. The plan administrator must enroll the child as a
396	beneficiary in the group health plan regardless of any
397	restrictions on the enrollment period, and the union or employer
398	must withhold any required premium from the obligor's income
399	upon notification by the plan administrator that the child is
400	enrolled. The child shall be enrolled in the group health plan
401	in which the obligor is enrolled. If the group health plan in
402	which the obligor is enrolled is not available where the child
403	resides or if the obligor is not enrolled in group coverage, the
404	child shall be enrolled in the lowest cost group health plan
405	that is available where the child resides.
406	b.  If health care coverage or the obligor's employment is
407	terminated in a Title IV-D case, the union or employer that is
408	withholding premiums for health care coverage under a national
409	medical support notice must notify the department within 20 days
410	after the termination and provide the obligor's last known
411	address and the name and address of the obligor's new employer,
412	if known.
413	5.a.  The amount withheld by a union or employer in
414	compliance with a support order may not exceed the amount
415	allowed under s. 303(b) of the Consumer Credit Protection Act,
416	15 U.S.C. s. 1673(b), as amended. The union or employer shall
417	withhold the maximum allowed by the Consumer Credit Protection
418	Act in the following order:
419	(I)  Current support, as ordered.
420	(II)  Premium payments for health care coverage, as
421	ordered.
422	(III)  Past due support, as ordered.
423	(IV)  Other medical support or coverage, as ordered.
424	b.  If the combined amount to be withheld for current
425	support plus the premium payment for health care coverage exceed
426	the amount allowed under the Consumer Credit Protection Act, and
427	the health care coverage cannot be obtained unless the full
428	amount of the premium is paid, the union or employer may not
429	withhold the premium payment. However, the union or employer
430	shall withhold the maximum allowed in the following order:
431	(I)  Current support, as ordered.
432	(II)  Past due support, as ordered.
433	(III)  Other medical support or coverage, as ordered.
434	6.  An employer, union, or plan administrator who does not
435	comply with the requirements in sub-subparagraph 4.a. is subject
436	to a civil penalty not to exceed $250 for the first violation
437	and $500 for subsequent violations, plus attorney's fees and
438	costs. The department may file a petition in circuit court to
439	enforce the requirements of this subparagraph subsection.
440	7.  The department may adopt rules to administer the child
441	support enforcement provisions of this section that affect Title
442	IV-D cases.
443	(c)  To the extent necessary to protect an award of child
444	support, the court may order the obligor to purchase or maintain
445	a life insurance policy or a bond, or to otherwise secure the
446	child support award with any other assets which may be suitable
447	for that purpose.
448	(d)1.  Unless the provisions of subparagraph 3. apply, all
449	child support orders entered on or after January 1, 1985, shall
450	direct that the payments of child support be made as provided in
451	s. 61.181 through the depository in the county where the court
452	is located. All child support orders shall provide the full name
453	and date of birth of each minor child who is the subject of the
454	child support order.
455	2.  Unless the provisions of subparagraph 3. apply, all
456	child support orders entered before January 1, 1985, shall be
457	modified by the court to direct that payments of child support
458	shall be made through the depository in the county where the
459	court is located upon the subsequent appearance of either or
460	both parents to modify or enforce the order, or in any related
461	proceeding.
462	3.  If both parties request and the court finds that it is
463	in the best interest of the child, support payments need not be
464	directed through the depository. The order of support shall
465	provide, or shall be deemed to provide, that either party may
466	subsequently apply to the depository to require direction of the
467	payments through the depository. The court shall provide a copy
468	of the order to the depository.
469	4.  If the parties elect not to require that support
470	payments be made through the depository, any party may
471	subsequently file an affidavit with the depository alleging a
472	default in payment of child support and stating that the party
473	wishes to require that payments be made through the depository.
474	The party shall provide copies of the affidavit to the court and
475	to each other party. Fifteen days after receipt of the
476	affidavit, the depository shall notify both parties that future
477	payments shall be paid through the depository.
478	5.  In IV-D cases, the IV-D agency shall have the same
479	rights as the obligee in requesting that payments be made
480	through the depository.
481	(2)(a)  The court shall have jurisdiction to approve,
482	grant, or modify a parenting plan determine custody,
483	notwithstanding that the child is not physically present in this
484	state at the time of filing any proceeding under this chapter,
485	if it appears to the court that the child was removed from this
486	state for the primary purpose of removing the child from the
487	jurisdiction of the court in an attempt to avoid the court's
488	approval, creation, or modification of a parenting plan a
489	determination or modification of custody.
490	(b)  Any parenting plan approved by the court must, at
491	minimum, describe in adequate detail how the parents will share
492	and be responsible for the daily tasks associated with the
493	upbringing of the child, the time-sharing schedule arrangements
494	that specify the time that the minor child will spend with each
495	parent, a designation of who will be responsible for any and all
496	forms of health care, school-related matters, other activities,
497	and the methods and technologies that the parents will use to
498	communicate with the child.
499	(c)(b)1.  The court shall determine all matters relating to
500	parenting and time-sharing custody of each minor child of the
501	parties in accordance with the best interests of the child and
502	in accordance with the Uniform Child Custody Jurisdiction and
503	Enforcement Act. It is the public policy of this state to assure
504	that each minor child has frequent and continuing contact with
505	both parents after the parents separate or the marriage of the
506	parties is dissolved and to encourage parents to share the
507	rights and responsibilities, and joys, of childrearing. There is
508	no presumption for or against After considering all relevant
509	facts, the father or mother of the child when creating or
510	modifying the parenting plan shall be given the same
511	consideration as the mother in determining the primary residence
512	of a child irrespective of the age or sex of the child.
513	2.  The court shall order that the parental responsibility
514	for a minor child be shared by both parents unless the court
515	finds that shared parental responsibility would be detrimental
516	to the child. Evidence that a parent has been convicted of a
517	felony of the third degree or higher involving domestic
518	violence, as defined in s. 741.28 and chapter 775, or meets the
519	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
520	detriment to the child. If the presumption is not rebutted,
521	shared parental responsibility, including time-sharing with
522	visitation, residence of the child, and decisions made regarding
523	the child, may not be granted to the convicted parent. However,
524	the convicted parent is not relieved of any obligation to
525	provide financial support. If the court determines that shared
526	parental responsibility would be detrimental to the child, it
527	may order sole parental responsibility and make such
528	arrangements for time-sharing as specified in the parenting plan
529	visitation as will best protect the child or abused spouse from
530	further harm. Whether or not there is a conviction of any
531	offense of domestic violence or child abuse or the existence of
532	an injunction for protection against domestic violence, the
533	court shall consider evidence of domestic violence or child
534	abuse as evidence of detriment to the child.
535	a.  In ordering shared parental responsibility, the court
536	may consider the expressed desires of the parents and may grant
537	to one party the ultimate responsibility over specific aspects
538	of the child's welfare or may divide those responsibilities
539	between the parties based on the best interests of the child.
540	Areas of responsibility may include primary residence,
541	education, health care medical and dental care, and any other
542	responsibilities that the court finds unique to a particular
543	family.
544	b.  The court shall order "sole parental responsibility for
545	a minor child to one parent, with or without time-sharing with
546	visitation rights, to the other parent" when it is in the best
547	interests of" the minor child.
548	3.  Access to records and information pertaining to a minor
549	child, including, but not limited to, medical, dental, and
550	school records, may not be denied to either a parent because the
551	parent is not the child's primary residential parent. Full
552	rights under this subparagraph apply to either parent unless a
553	court order specifically revokes these rights, including any
554	restrictions on these rights as provided in a domestic violence
555	injunction. A parent having rights under this subparagraph has
556	the same rights upon request as to form, substance, and manner
557	of access as are available to the other parent of a child,
558	including, without limitation, the right to in-person
559	communication with medical, dental, and education providers.
560	(d)(c)  The circuit court in the county in which either
561	parent and the child reside or the circuit court in which the
562	original order approving or creating the parenting plan award of
563	custody was entered has have jurisdiction to modify the
564	parenting plan an award of child custody. The court may change
565	the venue in accordance with s. 47.122.
566	(3)  For purposes of establishing or modifying parental
567	responsibility and creating, developing, approving, or modifying
568	a parenting plan, including a time-sharing schedule, which
569	governs each parent's relationship with his or her minor child
570	and the relationship between each parent with regard to his or
571	her minor child, the best interest of the child shall be the
572	primary consideration. Determination of the best interests of
573	the child shall be made by evaluating all of the factors
574	affecting the welfare and interests of the minor child,
575	including, but not limited to:
576	(a)  The demonstrated capacity and disposition of each
577	parent to facilitate and encourage a close and continuing
578	parent-child relationship, to honor the time-sharing schedule,
579	and to be reasonable when changes are required.
580	(b)  The anticipated division of parental responsibilities
581	after the litigation, including the extent to which parental
582	responsibilities will be delegated to third parties.
583	(c)  The demonstrated capacity and disposition of each
584	parent to determine, consider, and act upon the needs of the
585	child as opposed to the needs or desires of the parent. shared
586	parental responsibility and primary residence, the best
587	interests of the child shall include an evaluation of all
588	factors affecting the welfare and interests of the child,
589	including, but not limited to:
590	(a)  The parent who is more likely to allow the child
591	frequent and continuing contact with the nonresidential parent.
592	(b)  The love, affection, and other emotional ties existing
593	between the parents and the child.
594	(c)  The capacity and disposition of the parents to provide
595	the child with food, clothing, medical care or other remedial
596	care recognized and permitted under the laws of this state in
597	lieu of medical care, and other material needs.
598	(d)  The length of time the child has lived in a stable,
599	satisfactory environment and the desirability of maintaining
600	continuity.
601	(e)  The geographic viability of the parenting plan, with
602	special attention paid to the needs of school-age children and
603	the amount of time to be spent traveling to effectuate the
604	parenting plan. This factor does not create a presumption for or
605	against relocation of either parent with a child The permanence,
606	as a family unit, of the existing or proposed custodial home.
607	(f)  The moral fitness of the parents.
608	(g)  The mental and physical health of the parents.
609	(h)  The demonstrated knowledge, capacity, and disposition
610	of each parent to be informed of the circumstances of the minor
611	child, including, but not limited to, the child's friends,
612	teachers, medical care providers, daily activities, and favorite
613	things The home, school, and community record of the child.
614	(i)  The demonstrated capacity and disposition of each
615	parent to provide a consistent routine for the child, such as
616	discipline, and daily schedules for homework, meals, and bedtime
617	The reasonable preference of the child, if the court deems the
618	child to be of sufficient intelligence, understanding, and
619	experience to express a preference.
620	(j)  The demonstrated capacity of each parent to
621	communicate with the other parent and keep the other parent
622	informed of issues and activities regarding the minor child, and
623	the willingness of each parent to adopt a unified front on all
624	major issues when dealing with the child The willingness and
625	ability of each parent to facilitate and encourage a close and
626	continuing parent-child relationship between the child and the
627	other parent.
628	(k)  Evidence of domestic violence, sexual violence, child
629	abuse, child abandonment, or child neglect, regardless of
630	whether a prior or pending action regarding those issues has
631	been brought that any party has knowingly provided false
632	information to the court regarding a domestic violence
633	proceeding pursuant to s. 741.30.
634	(l)  Evidence that either parent has knowingly provided
635	false information to the court regarding any prior or pending
636	action regarding domestic violence, sexual violence, child
637	abuse, child abandonment, or child neglect of domestic violence
638	or child abuse.
639	(m)  The particular parenting tasks customarily performed
640	by each parent and the division of parental responsibilities
641	before the institution of litigation and during the pending
642	litigation, including the extent to which parenting
643	responsibilities were undertaken by third parties Any other fact
644	considered by the court to be relevant.
645	(n)  The demonstrated capacity and disposition of each
646	parent to participate and be involved in the child's school and
647	extracurricular activities.
648	(o)  The demonstrated capacity and disposition of each
649	parent to maintain an environment for the child which is free
650	from substance abuse.
651	(p)  The capacity and disposition of each parent to protect
652	the child from the ongoing litigation as demonstrated by not
653	discussing the litigation with the child, not sharing documents
654	or electronic media related to the litigation with the child,
655	and refraining from disparaging comments about the other parent
656	to the child.
657	(q)  The developmental stages and needs of the child and
658	the demonstrated capacity and disposition of each parent to meet
659	the child's developmental needs.
660	(r)  Any other factor that is relevant to the determination
661	of a specific parenting plan, including the time-sharing
662	schedule.
663	(4)(a)  When a noncustodial parent who is ordered to pay
664	child support or alimony and who is awarded visitation rights
665	fails to pay child support or alimony, the custodial parent who
666	should have received the child support or alimony may shall not
667	refuse to honor the time-sharing schedule presently in effect
668	between the parents noncustodial parent's visitation rights.
669	(b)  When a custodial parent refuses to honor the other a
670	noncustodial parent's visitation rights under the time-sharing
671	schedule, the noncustodial parent whose time-sharing rights were
672	violated shall continue not fail to pay any ordered child
673	support or alimony.
674	(c)  When a custodial parent refuses to honor the time-
675	sharing schedule in the parenting plan a noncustodial parent's
676	or grandparent's visitation rights without proper cause, the
677	court:
678	1.  Shall, after calculating the amount of time-sharing
679	visitation improperly denied, award the noncustodial parent
680	denied time or grandparent a sufficient amount of extra time-
681	sharing visitation to compensate for the time-sharing missed,
682	and such time-sharing the noncustodial parent or grandparent,
683	which visitation shall be ordered as expeditiously as possible
684	in a manner consistent with the best interests of the child and
685	scheduled in a manner that is convenient for the parent person
686	deprived of time-sharing visitation. In ordering any makeup
687	time-sharing visitation, the court shall schedule such time-
688	sharing visitation in a manner that is consistent with the best
689	interests of the child or children and that is convenient for
690	the nonoffending noncustodial parent and at the expense of the
691	noncompliant parent. or grandparent. In addition, the court:
692	2.1.  May order the custodial parent who did not provide
693	time-sharing or did not properly exercise time-sharing under the
694	time-sharing schedule to pay reasonable court costs and
695	attorney's fees incurred by the nonoffending noncustodial parent
696	or grandparent to enforce the time-sharing schedule. their
697	visitation rights or make up improperly denied visitation;
698	3.2.  May order the custodial parent who did not provide
699	time-sharing or did not properly exercise time-sharing under the
700	time-sharing schedule to attend a the parenting course approved
701	by the judicial circuit.;
702	4.3.  May order the custodial parent who did not provide
703	time-sharing or did not properly exercise time-sharing under the
704	time-sharing schedule to do community service if the order will
705	not interfere with the welfare of the child.;
706	5.4.  May order the custodial parent who did not provide
707	time-sharing or did not properly exercise time-sharing under the
708	time-sharing schedule to have the financial burden of promoting
709	frequent and continuing contact when that the custodial parent
710	and child reside further than 60 miles from the other
711	noncustodial parent.;
712	6.5.  May award custody, rotating custody, or primary
713	residence to the noncustodial parent, upon the request of the
714	noncustodial parent who did not violate the time-sharing
715	schedule, modify the parenting plan if modification the award is
716	in the best interests of the child.; or
717	7.6.  May impose any other reasonable sanction as a result
718	of noncompliance.
719	(d)  A person who violates this subsection may be punished
720	by contempt of court or other remedies as the court deems
721	appropriate.
722	(5)  The court may make specific orders regarding the
723	parenting plan and time-sharing schedule for the care and
724	custody of the minor child as such orders relate to from the
725	circumstances of the parties and the nature of the case and are
726	is equitable and provide for child support in accordance with
727	the guidelines schedule in s. 61.30. An order for equal time-
728	sharing for award of shared parental responsibility of a minor
729	child does not preclude the court from entering an order for
730	child support of the child.
731	(6)  In any proceeding under this section, the court may
732	not deny shared parental responsibility and time-sharing,
733	custody, or visitation rights to a parent or grandparent solely
734	because that parent or grandparent is or is believed to be
735	infected with human immunodeficiency virus,; but the court may
736	condition such rights to require that parent in an order
737	approving the parenting plan upon the parent's or grandparent's
738	agreement to observe measures approved by the Centers for
739	Disease Control and Prevention of the United States Public
740	Health Service or by the Department of Health for preventing the
741	spread of human immunodeficiency virus to the child.
742	(7)  If the court orders that parental responsibility,
743	including visitation, be shared by both parents, the court may
744	not deny the noncustodial parent overnight contact and access to
745	or visitation with the child solely because of the age or sex of
746	the child.
747	(7)(8)(a)  Beginning July 1, 1997, Each party to any
748	paternity or support proceeding is required to file with the
749	tribunal as defined in s. 88.1011(22) and State Case Registry
750	upon entry of an order, and to update as appropriate,
751	information on location and identity of the party, including
752	social security number, residential and mailing addresses,
753	telephone number, driver's license number, and name, address,
754	and telephone number of employer. Beginning October 1, 1998,
755	Each party to any paternity or child support proceeding in a
756	non-Title IV-D case shall meet the above requirements for
757	updating the tribunal and State Case Registry.
758	(b)  Pursuant to the federal Personal Responsibility and
759	Work Opportunity Reconciliation Act of 1996, each party is
760	required to provide his or her social security number in
761	accordance with this section. Disclosure of social security
762	numbers obtained through this requirement shall be limited to
763	the purpose of administration of the Title IV-D program for
764	child support enforcement.
765	(c)  Beginning July 1, 1997, In any subsequent Title IV-D
766	child support enforcement action between the parties, upon
767	sufficient showing that diligent effort has been made to
768	ascertain the location of such a party, the court of competent
769	jurisdiction shall deem state due process requirements for
770	notice and service of process to be met with respect to the
771	party, upon delivery of written notice to the most recent
772	residential or employer address filed with the tribunal and
773	State Case Registry pursuant to paragraph (a). Beginning October
774	1, 1998, In any subsequent non-Title IV-D child support
775	enforcement action between the parties, the same requirements
776	for service shall apply.
777	(8)(9)  At the time an order for child support is entered,
778	each party is required to provide his or her social security
779	number and date of birth to the court, as well as the name, date
780	of birth, and social security number of each minor child that is
781	the subject of such child support order. Pursuant to the federal
782	Personal Responsibility and Work Opportunity Reconciliation Act
783	of 1996, each party is required to provide his or her social
784	security number in accordance with this section. All social
785	security numbers required by this section shall be provided by
786	the parties and maintained by the depository as a separate
787	attachment in the file. Disclosure of social security numbers
788	obtained through this requirement shall be limited to the
789	purpose of administration of the Title IV-D program for child
790	support enforcement.
791	Section 9.  Section 61.13001, Florida Statutes, is amended
792	to read:
793	61.13001  Parental relocation with a child.--
794	(1)  DEFINITIONS.--As used in this section, the term:
795	(a)  "Change of residence address" means the relocation of
796	a child to a principal residence more than 50 miles away from
797	his or her principal place of residence at the time of the entry
798	of the last order establishing or modifying the parenting plan
799	or the time-sharing schedule or both for designation of the
800	primary residential parent or the custody of the minor child,
801	unless the move places the principal residence of the minor
802	child less than 50 miles from either the nonresidential parent.
803	(b)  "Child" means any person who is under the jurisdiction
804	of a state court pursuant to the Uniform Child Custody
805	Jurisdiction and Enforcement Act or is the subject of any order
806	granting to a parent or other person any right to time-sharing,
807	residential care, kinship, or custody, or visitation as provided
808	under state law.
809	(c)  "Court" means the circuit court in an original
810	proceeding which has proper venue and jurisdiction in accordance
811	with the Uniform Child Custody Jurisdiction and Enforcement Act,
812	the circuit court in the county in which either parent and the
813	child reside, or the circuit court in which the original action
814	was adjudicated.
815	(d)  "Other person" means an individual who is not the
816	parent and who, by court order, maintains the primary residence
817	of a child or has visitation rights with a child.
818	(e)  "Parent" means any person so named by court order or
819	express written agreement that is subject to court enforcement
820	or a person reflected as a parent on a birth certificate and in
821	whose home a child maintains a primary or secondary residence.
822	(f)  "Person entitled to be the primary residential parent
823	of a child" means a person so designated by court order or by an
824	express written agreement that is subject to court enforcement
825	or a person seeking such a designation, or, when neither parent
826	has been designated as primary residential parent, the person
827	seeking to relocate with a child.
828	(g)  "Principal residence of a child" means the home of the
829	designated primary residential parent. For purposes of this
830	section only, when rotating custody is in effect, each parent
831	shall be considered to be the primary residential parent.
832	(f)(h)  "Relocation" means a change in the principal
833	residence of a child for a period of 60 consecutive days or more
834	but does not include a temporary absence from the principal
835	residence for purposes of vacation, education, or the provision
836	of health care for the child.
837	(2)  RELOCATION BY AGREEMENT.--
838	(a)  If the parents primary residential parent and the
839	other parent and every other person entitled to time-sharing
840	visitation with the child agree to the relocation of the child
841	child's principal residence, they may satisfy the requirements
842	of this section by signing a written agreement that:
843	1.  Reflects the consent to the relocation;
844	2.  Defines a time-sharing schedule the visitation rights
845	for the nonrelocating parent and any other persons who are
846	entitled to time-sharing visitation; and
847	3.  Describes, if necessary, any transportation
848	arrangements related to the visitation.
849	(b)  If there is an existing cause of action, judgment, or
850	decree of record pertaining to the child's primary residence or
851	a time-sharing schedule visitation, the parties shall seek
852	ratification of the agreement by court order without the
853	necessity of an evidentiary hearing unless a hearing is
854	requested, in writing, by one or more of the parties to the
855	agreement within 10 days after the date the agreement is filed
856	with the court. If a hearing is not timely requested, it shall
857	be presumed that the relocation is in the best interest of the
858	child and the court may ratify the agreement without an
859	evidentiary hearing.
860	(3)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an
861	agreement has been entered as described in subsection (2), a
862	parent who is entitled to time-sharing with primary residence of
863	the child shall notify the other parent, and every other person
864	entitled to time-sharing visitation with the child, of a
865	proposed relocation of the child's principal residence. The form
866	of notice shall be according to this section:
867	(a)  The parent seeking to relocate shall prepare a Notice
868	of Intent to Relocate. The following information must be
869	included with the Notice of Intent to Relocate and signed under
870	oath under penalty of perjury:
871	1.  A description of the location of the intended new
872	residence, including the state, city, and specific physical
873	address, if known.
874	2.  The mailing address of the intended new residence, if
875	not the same as the physical address, if known.
876	3.  The home telephone number of the intended new
877	residence, if known.
878	4.  The date of the intended move or proposed relocation.
879	5.  A detailed statement of the specific reasons for the
880	proposed relocation of the child. If one of the reasons is based
881	upon a job offer which has been reduced to writing, that written
882	job offer must be attached to the Notice of Intent to Relocate.
883	6.  A proposal for the revised postrelocation schedule of
884	time-sharing visitation together with a proposal for the
885	postrelocation transportation arrangements necessary to
886	effectuate time-sharing visitation with the child. Absent the
887	existence of a current, valid order abating, terminating, or
888	restricting visitation or other good cause predating the Notice
889	of Intent to Relocate, failure to comply with this provision
890	renders the Notice of Intent to Relocate legally insufficient.
891	7.  Substantially the following statement, in all capital
892	letters and in the same size type, or larger, as the type in the
893	remainder of the notice:
894
895	AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
896	FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
897	SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
898	OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
899	RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
900	THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
901	WITHOUT A HEARING.
902	8.  The mailing address of the parent or other person
903	seeking to relocate to which the objection filed under
904	subsection (5) to the Notice of Intent to Relocate should be
905	sent.
906
907	The contents of the Notice of Intent to Relocate are not
908	privileged. For purposes of encouraging amicable resolution of
909	the relocation issue, a copy of the Notice of Intent to Relocate
910	shall initially not be filed with the court but instead served
911	upon the nonrelocating parent, other person, and every other
912	person entitled to time-sharing visitation with the child, and
913	the original thereof shall be maintained by the parent or other
914	person seeking to relocate.
915	(b)  The parent seeking to relocate shall also prepare a
916	Certificate of Serving Filing Notice of Intent to Relocate. The
917	certificate shall certify the date that the Notice of Intent to
918	Relocate was served on the other parent and on every other
919	person entitled to time-sharing visitation with the child.
920	(c)  The Notice of Intent to Relocate, and the Certificate
921	of Serving Filing Notice of Intent to Relocate, shall be served
922	on the other parent and on every other person entitled to time-
923	sharing visitation with the child. If there is a pending court
924	action regarding the child, service of process may be according
925	to court rule. Otherwise, service of process shall be according
926	to chapters 48 and 49 or via certified mail, restricted
927	delivery, return receipt requested.
928	(d)  A person giving notice of a proposed relocation or
929	change of residence address under this section has a continuing
930	duty to provide current and updated information required by this
931	section when that information becomes known.
932	(e)  If the other parent and any other person entitled to
933	time-sharing visitation with the child fails to timely file an
934	objection, it shall be presumed that the relocation is in the
935	best interest of the child, the relocation shall be allowed, and
936	the court shall, absent good cause, enter an order, attaching a
937	copy of the Notice of Intent to Relocate, reflecting that the
938	order is entered as a result of the failure to object to the
939	Notice of Intent to Relocate, and adopting the time-sharing
940	visitation schedule and transportation arrangements contained in
941	the Notice of Intent to Relocate. The order may issue in an
942	expedited manner without the necessity of an evidentiary
943	hearing. If an objection is timely filed, the burden returns to
944	the parent or person seeking to relocate to initiate court
945	proceedings to obtain court permission to relocate before prior
946	to doing so.
947	(f)  The act of relocating the child after failure to
948	comply with the notice of intent to relocate procedure described
949	in this subsection subjects the party in violation thereof to
950	contempt and other proceedings to compel the return of the child
951	and may be taken into account by the court in any initial or
952	postjudgment action seeking a determination or modification of
953	the parenting plan or the time-sharing schedule, or both,
954	designation of the primary residential parent or of the
955	residence, custody, or visitation with the child as:
956	1.  A factor in making a determination regarding the
957	relocation of a child.
958	2.  A factor in determining whether the parenting plan or
959	the designation of the primary residential parent or the
960	residence, contact, access, visitation, or time-sharing schedule
961	arrangements should be modified.
962	3.  A basis for ordering the temporary or permanent return
963	of the child.
964	4.  Sufficient cause to order the parent or other person
965	seeking to relocate the child to pay reasonable expenses and
966	attorney's fees incurred by the party objecting to the
967	relocation.
968	5.  Sufficient cause for the award of reasonable attorney's
969	fees and costs, including interim travel expenses incident to
970	time-sharing visitation or securing the return of the child.
971	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
972	other person seeking to relocate a child, or the child, is
973	entitled to prevent disclosure of location information under any
974	public records exemption applicable to that person, the court
975	may enter any order necessary to modify the disclosure
976	requirements of this section in compliance with the public
977	records exemption.
978	(5)  CONTENT OF OBJECTION TO RELOCATION.--An objection
979	seeking to prevent the relocation of a child must shall be
980	verified and served within 30 days after service of the Notice
981	of Intent to Relocate. The objection must shall include the
982	specific factual basis supporting the reasons for seeking a
983	prohibition of the relocation, including a statement of the
984	amount of participation or involvement the objecting party
985	currently has or has had in the life of the child.
986	(6)  TEMPORARY ORDER.--
987	(a)  The court may grant a temporary order restraining the
988	relocation of a child or ordering the return of the child, if a
989	relocation has previously taken place, or other appropriate
990	remedial relief, if the court finds:
991	1.  The required notice of a proposed relocation of a child
992	was not provided in a timely manner;
993	2.  The child already has been relocated without notice or
994	written agreement of the parties or without court approval; or
995	3.  From an examination of the evidence presented at the
996	preliminary hearing that there is a likelihood that upon final
997	hearing the court will not approve the relocation of the primary
998	residence of the child.
999	(b)  The court may grant a temporary order permitting the
1000	relocation of the child pending final hearing, if the court:
1001	1.  Finds that the required Notice of Intent to Relocate
1002	was provided in a timely manner; and
1003	2.  Finds from an examination of the evidence presented at
1004	the preliminary hearing that there is a likelihood that on final
1005	hearing the court will approve the relocation of the primary
1006	residence of the child, which findings must be supported by the
1007	same factual basis as would be necessary to support the
1008	permitting of relocation in a final judgment.
1009	(c)  If the court has issued a temporary order authorizing
1010	a party seeking to relocate or move a child before a final
1011	judgment is rendered, the court may not give any weight to the
1012	temporary relocation as a factor in reaching its final decision.
1013	(d)  If temporary relocation of a child is permitted, the
1014	court may require the person relocating the child to provide
1015	reasonable security, financial or otherwise, and guarantee that
1016	the court-ordered contact with the child will not be interrupted
1017	or interfered with by the relocating party.
1018	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
1019	RELOCATION.--A No presumption does not shall arise in favor of
1020	or against a request to relocate with the child when a primary
1021	residential parent seeks to move the child and the move will
1022	materially affect the current schedule of contact, access, and
1023	time-sharing with the nonrelocating parent or other person. In
1024	reaching its decision regarding a proposed temporary or
1025	permanent relocation, the court shall evaluate all of the
1026	following factors:
1027	(a)  The nature, quality, extent of involvement, and
1028	duration of the child's relationship with the parent proposing
1029	to relocate with the child and with the nonrelocating parent,
1030	other persons, siblings, half-siblings, and other significant
1031	persons in the child's life.
1032	(b)  The age and developmental stage of the child, the
1033	needs of the child, and the likely impact the relocation will
1034	have on the child's physical, educational, and emotional
1035	development, taking into consideration any special needs of the
1036	child.
1037	(c)  The feasibility of preserving the relationship between
1038	the nonrelocating parent or other person and the child through
1039	substitute arrangements that take into consideration the
1040	logistics of contact, access, visitation, and time-sharing, as
1041	well as the financial circumstances of the parties; whether
1042	those factors are sufficient to foster a continuing meaningful
1043	relationship between the child and the nonrelocating parent or
1044	other person; and the likelihood of compliance with the
1045	substitute arrangements by the relocating parent once he or she
1046	is out of the jurisdiction of the court.
1047	(d)  The child's preference, taking into consideration the
1048	age and maturity of the child.
1049	(e)  Whether the relocation will enhance the general
1050	quality of life for both the parent seeking the relocation and
1051	the child, including, but not limited to, financial or emotional
1052	benefits or educational opportunities.
1053	(f)  The reasons of each parent or other person for seeking
1054	or opposing the relocation.
1055	(g)  The current employment and economic circumstances of
1056	each parent or other person and whether or not the proposed
1057	relocation is necessary to improve the economic circumstances of
1058	the parent or other person seeking relocation of the child.
1059	(h)  That the relocation is sought in good faith and the
1060	extent to which the objecting parent has fulfilled his or her
1061	financial obligations to the parent or other person seeking
1062	relocation, including child support, spousal support, and
1063	marital property and marital debt obligations.
1064	(i)  The career and other opportunities available to the
1065	objecting parent or objecting other person if the relocation
1066	occurs.
1067	(j)  A history of substance abuse or domestic violence as
1068	defined in s. 741.28 or which meets the criteria of s.
1069	39.806(1)(d) by either parent, including a consideration of the
1070	severity of such conduct and the failure or success of any
1071	attempts at rehabilitation.
1072	(k)  Any other factor affecting the best interest of the
1073	child or as set forth in s. 61.13.
1074	(9)  ORDER REGARDING RELOCATION.--If relocation is
1075	permitted:
1076	(a)  The court may, in its discretion, order contact with
1077	the nonrelocating parent, including access, visitation, time-
1078	sharing, telephone, Internet, webcam, and other arrangements
1079	sufficient to ensure that the child has frequent, continuing,
1080	and meaningful contact, access, visitation, and time-sharing
1081	with the nonrelocating parent or other persons, if contact is
1082	financially affordable and in the best interest of the child.
1083	(b)  If applicable, the court shall specify how the
1084	transportation costs will be allocated between the parents and
1085	other persons entitled to contact, access, visitation, and time-
1086	sharing and may adjust the child support award, as appropriate,
1087	considering the costs of transportation and the respective net
1088	incomes of the parents in accordance with state child support
1089	guidelines schedule.
1090	(10)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary
1091	hearing or nonjury trial on a pleading seeking temporary or
1092	permanent relief filed under pursuant to this section shall be
1093	accorded priority on the court's calendar.
1094	(11)  APPLICABILITY.--
1095	(a)  The provisions of This section applies apply:
1096	1.  To orders entered before October 1, 2006, if the
1097	existing order defining custody, primary residence, time-
1098	sharing, or visitation of or with the child does not expressly
1099	govern the relocation of the child.
1100	2.  To an order, whether temporary or permanent, regarding
1101	the parenting plan, custody, primary residence, time-sharing, or
1102	visitation of or with the child entered on or after October 1,
1103	2006.
1104	3.  To any relocation or proposed relocation, whether
1105	permanent or temporary, of a child during any proceeding pending
1106	on October 1, 2006, wherein the parenting plan, custody, primary
1107	residence, time-sharing, or visitation of or with the child is
1108	an issue.
1109	(b)  To the extent that a provision of this section
1110	conflicts with an order existing on October 1, 2006, this
1111	section does not apply to the terms of that order which
1112	expressly govern relocation of the child or a change in the
1113	principal residence address of a parent.
1114	Section 10.  Section 61.13002, Florida Statutes, is amended
1115	to read:
1116	61.13002  Temporary time-sharing modification child custody
1117	and child support modification due to military service.--
1118	(1)  If a supplemental petition to modify or a motion for
1119	modification of time-sharing change of child custody and
1120	parental responsibility is filed because during the time a
1121	parent is activated, deployed, or temporarily assigned to
1122	military service and the parent's ability to comply with time-
1123	sharing continue as the primary caretaker of a minor child is
1124	materially affected as a result, the court may not issue an
1125	order or modify or amend a previous judgment or order that
1126	changes time-sharing custody as it existed on the date the
1127	parent was activated, deployed, or temporarily assigned to
1128	military service, except that a court may enter a temporary
1129	order to modify or amend time-sharing custody if there is clear
1130	and convincing evidence that the temporary modification or
1131	amendment is in the best interests of the child. When entering a
1132	temporary order under this section, the court shall consider and
1133	provide for, if feasible, contact between the military
1134	servicemember and his or her child, including, but not limited
1135	to, electronic communication by webcam, telephone, or other
1136	available means. The court shall also permit liberal time-
1137	sharing during periods of leave from military service, as it is
1138	in the child's best interests to maintain the parent-child bond
1139	during the parent's military service.
1140	(2)  If a temporary order is issued under this section, the
1141	court shall reinstate the time-sharing custody judgment or order
1142	previously in effect upon the servicemember parent's return from
1143	active military service, deployment, or temporary assignment.
1144	(3)  If a temporary order is entered under this section,
1145	the court may address the issue of support for the child by:
1146	(a)  Entering an order of temporary support from the
1147	servicemember to the other parent under s. 61.30;
1148	(b)  Requiring the servicemember to enroll the child as a
1149	military dependant with DEERs, TriCare, or other similar
1150	benefits available to military dependents as provided by the
1151	servicemember's branch of service and federal regulations; or
1152	(c)  Suspending, abating, or reducing the child support
1153	obligation of the non-servicemember until the custody judgment
1154	or time-share order previously in effect is reinstated.
1155	(4)(3)  This section does not apply to permanent change of
1156	station moves by military personnel, which shall be governed by
1157	s. 61.13001.
1158	Section 11.  Paragraph (a) of subsection (1) of section
1159	61.14, Florida Statutes, is amended to read:
1160	61.14  Enforcement and modification of support,
1161	maintenance, or alimony agreements or orders.--
1162	(1)(a)  When the parties enter into an agreement for
1163	payments for, or instead of, support, maintenance, or alimony,
1164	whether in connection with a proceeding for dissolution or
1165	separate maintenance or with any voluntary property settlement,
1166	or when a party is required by court order to make any payments,
1167	and the circumstances or the financial ability of either party
1168	changes or the child who is a beneficiary of an agreement or
1169	court order as described herein reaches majority after the
1170	execution of the agreement or the rendition of the order, either
1171	party may apply to the circuit court of the circuit in which the
1172	parties, or either of them, resided at the date of the execution
1173	of the agreement or reside at the date of the application, or in
1174	which the agreement was executed or in which the order was
1175	rendered, for an order decreasing or increasing the amount of
1176	support, maintenance, or alimony, and the court has jurisdiction
1177	to make orders as equity requires, with due regard to the
1178	changed circumstances or the financial ability of the parties or
1179	the child, decreasing, increasing, or confirming the amount of
1180	separate support, maintenance, or alimony provided for in the
1181	agreement or order. A finding that medical insurance is
1182	reasonably available or the child support guidelines schedule in
1183	s. 61.30 may constitute changed circumstances. Except as
1184	otherwise provided in s. 61.30(11)(c), the court may modify an
1185	order of support, maintenance, or alimony by increasing or
1186	decreasing the support, maintenance, or alimony retroactively to
1187	the date of the filing of the action or supplemental action for
1188	modification as equity requires, giving due regard to the
1189	changed circumstances or the financial ability of the parties or
1190	the child.
1191	Section 12.  Paragraph (d) of subsection (3) of section
1192	61.181, Florida Statutes, is amended to read:
1193	61.181  Depository for alimony transactions, support,
1194	maintenance, and support payments; fees.--
1195	(3)
1196	(d)  When time-sharing custody of a child is relinquished
1197	by a custodial parent who is entitled to receive child support
1198	moneys from the depository to the custody of a licensed or
1199	registered long-term care child agency, that agency may request
1200	from the court an order directing child support payments that
1201	which would otherwise be distributed to the custodial parent be
1202	distributed to the agency for the period of time that custody of
1203	the child is with by the agency. Thereafter, payments shall be
1204	distributed to the agency as if the agency were the custodial
1205	parent until further order of the court.
1206	Section 13.  Paragraphs (b) and (d) of subsection (1) of
1207	section 61.1827, Florida Statutes, are amended to read:
1208	61.1827  Identifying information concerning applicants for
1209	and recipients of child support services.--
1210	(1)  Any information that reveals the identity of
1211	applicants for or recipients of child support services,
1212	including the name, address, and telephone number of such
1213	persons, held by a non-Title IV-D county child support
1214	enforcement agency is confidential and exempt from s. 119.07(1)
1215	and s. 24(a) of Art. I of the State Constitution. The use or
1216	disclosure of such information by the non-Title IV-D county
1217	child support enforcement agency is limited to the purposes
1218	directly connected with:
1219	(b)  Mandatory disclosure of identifying and location
1220	information as provided in s. 61.13(7)(8) by the non-Title IV-D
1221	county child support enforcement agency when providing non-Title
1222	IV-D services;
1223	(d)  Disclosure to an authorized person, as defined in 45
1224	C.F.R. s. 303.15, for purposes of enforcing any state or federal
1225	law with respect to the unlawful taking or restraint of a child
1226	or making or enforcing a parenting plan child custody or
1227	visitation determination. As used in this paragraph, the term
1228	"authorized person" includes a noncustodial parent with whom the
1229	child does not currently reside, unless a court has entered an
1230	order under s. 741.30, s. 741.31, or s. 784.046.
1231	Section 14.  Subsections (1) and (3) of section 61.20,
1232	Florida Statutes, are amended to read:
1233	61.20  Social investigation and recommendations regarding a
1234	parenting plan when child custody is in issue.--
1235	(1)  In any action where the parenting plan custody of a
1236	minor child is at in issue because the parents are unable to
1237	agree, the court may order a social investigation and study
1238	concerning all pertinent details relating to the child and each
1239	parent when such an investigation has not been done and the
1240	study therefrom provided to the court by the parties or when the
1241	court determines that the investigation and study that have been
1242	done are insufficient. The agency, staff, or person conducting
1243	the investigation and study ordered by the court pursuant to
1244	this section shall furnish the court and all parties of record
1245	in the proceeding a written study containing recommendations,
1246	including a written statement of facts found in the social
1247	investigation on which the recommendations are based. The court
1248	may consider the information contained in the study in making a
1249	decision on the parenting plan child's custody and the technical
1250	rules of evidence do not exclude the study from consideration.
1251	(3)  Except as to persons who obtain certification of
1252	indigence as specified in subsection (2), for whom no costs
1253	shall be incurred, the adult parties involved in a child custody
1254	proceeding to determine a parenting plan wherein the court has
1255	ordered the performance of a social investigation and study
1256	performed shall be responsible for the payment of the costs of
1257	such investigation and study. Upon submission of the study to
1258	the court, the agency, staff, or person performing the study
1259	shall include a bill for services, which shall be taxed and
1260	ordered paid as costs in the proceeding.
1261	Section 15.  Paragraph (c) of subsection (1) and subsection
1262	(6) of section 61.21, Florida Statutes, are amended to read:
1263	61.21  Parenting course authorized; fees; required
1264	attendance authorized; contempt.--
1265	(1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of
1266	the Legislature that:
1267	(c)  It has been found to be beneficial to parents who are
1268	separating or divorcing to have available an educational program
1269	that will provide general information regarding:
1270	1.  The issues and legal procedures for resolving time-
1271	sharing custody and child support disputes.
1272	2.  The emotional experiences and problems of divorcing
1273	adults.
1274	3.  The family problems and the emotional concerns and
1275	needs of the children.
1276	4.  The availability of community services and resources.
1277	(6)  All parties to a modification of a final judgment
1278	involving a parenting plan or a time-sharing schedule shared
1279	parental responsibilities, custody, or visitation may be
1280	required to complete a court-approved parenting course prior to
1281	the entry of an order modifying the final judgment.
1282	Section 16.  Section 61.30, Florida Statutes, is amended to
1283	read:
1284	61.30  Child support guidelines; retroactive child
1285	support.--
1286	(1)(a)  The child support guideline amount as determined by
1287	this section presumptively establishes the amount the trier of
1288	fact shall order as child support in an initial proceeding for
1289	such support or in a proceeding for modification of an existing
1290	order for such support, whether the proceeding arises under this
1291	or another chapter. The trier of fact may order payment of child
1292	support which varies, plus or minus 5 percent, from the
1293	guideline amount, after considering all relevant factors,
1294	including the needs of the child or children, age, station in
1295	life, standard of living, and the financial status and ability
1296	of each parent. The trier of fact may order payment of child
1297	support in an amount which varies more than 5 percent from such
1298	guideline amount only upon a written finding explaining why
1299	ordering payment of such guideline amount would be unjust or
1300	inappropriate. Notwithstanding the variance limitations of this
1301	section, the trier of fact shall order payment of child support
1302	which varies from the guideline amount as provided in paragraph
1303	(11)(b) whenever any of the children are required by court order
1304	or mediation agreement to spend a substantial amount of time
1305	with either parent the primary and secondary residential
1306	parents. This requirement applies to any living arrangement,
1307	whether temporary or permanent.
1308	(b)  The guidelines may provide the basis for proving a
1309	substantial change in circumstances upon which a modification of
1310	an existing order may be granted. However, the difference
1311	between the existing monthly obligation and the amount provided
1312	for under the guidelines shall be at least 15 percent or $50,
1313	whichever amount is greater, before the court may find that the
1314	guidelines provide a substantial change in circumstances.
1315	(c)  For each support order reviewed by the department as
1316	required by s. 409.2564(11), if the amount of the child support
1317	award under the order differs by at least 10 percent but not
1318	less than $25 from the amount that would be awarded under s.
1319	61.30, the department shall seek to have the order modified and
1320	any modification shall be made without a requirement for proof
1321	or showing of a change in circumstances.
1322	(2)  Income shall be determined on a monthly basis for each
1323	parent the obligor and for the obligee as follows:
1324	(a)  Gross income shall include, but is not limited to, the
1325	following items:
1326	1.  Salary or wages.
1327	2.  Bonuses, commissions, allowances, overtime, tips, and
1328	other similar payments.
1329	3.  Business income from sources such as self-employment,
1330	partnership, close corporations, and independent contracts.
1331	"Business income" means gross receipts minus ordinary and
1332	necessary expenses required to produce income.
1333	4.  Disability benefits.
1334	5.  All workers' compensation benefits and settlements.
1335	6.  Unemployment compensation.
1336	7.  Pension, retirement, or annuity payments.
1337	8.  Social security benefits.
1338	9.  Spousal support received from a previous marriage or
1339	court ordered in the marriage before the court.
1340	10.  Interest and dividends.
1341	11.  Rental income, which is gross receipts minus ordinary
1342	and necessary expenses required to produce the income.
1343	12.  Income from royalties, trusts, or estates.
1344	13.  Reimbursed expenses or in kind payments to the extent
1345	that they reduce living expenses.
1346	14.  Gains derived from dealings in property, unless the
1347	gain is nonrecurring.
1348	(b)  Income on a monthly basis shall be imputed to an
1349	unemployed or underemployed parent when such employment or
1350	underemployment is found by the court to be voluntary on that
1351	parent's part, absent a finding of fact by the court of physical
1352	or mental incapacity or other circumstances over which the
1353	parent has no control. In the event of such voluntary
1354	unemployment or underemployment, the employment potential and
1355	probable earnings level of the parent shall be determined based
1356	upon his or her recent work history, occupational
1357	qualifications, and prevailing earnings level in the community
1358	as provided in this paragraph; however, the court may refuse to
1359	impute income to a primary residential parent if the court finds
1360	it necessary for the parent to stay home with the child who is
1361	the subject of a child support calculation.
1362	(c)  Public assistance as defined in s. 409.2554 shall be
1363	excluded from gross income.
1364	(3)  Net income is obtained by subtracting allowable
1365	deductions from gross income. Allowable deductions shall
1366	include:
1367	(a)  Federal, state, and local income tax deductions,
1368	adjusted for actual filing status and allowable dependents and
1369	income tax liabilities.
1370	(b)  Federal insurance contributions or self-employment
1371	tax.
1372	(c)  Mandatory union dues.
1373	(d)  Mandatory retirement payments.
1374	(e)  Health insurance payments, excluding payments for
1375	coverage of the minor child.
1376	(f)  Court-ordered support for other children which is
1377	actually paid.
1378	(g)  Spousal support paid pursuant to a court order from a
1379	previous marriage or the marriage before the court.
1380	(4)  Net income for each parent the obligor and net income
1381	for the obligee shall be computed by subtracting allowable
1382	deductions from gross income.
1383	(5)  Net income for each parent the obligor and net income
1384	for the obligee shall be added together for a combined net
1385	income.
1386	(6)  The following guidelines schedule schedules shall be
1387	applied to the combined net income to determine the minimum
1388	child support need:
1389
	Combined Monthly Net Available Income Child or Children
1390
	One Two Three Four Five Six
1391
	650.00 74 75 75 76 77 78
1392
	700.00 119 120 121 123 124 125
1393
	750.00 164 166 167 169 171 173
1394
	800.00 190 211 213 216 218 220
1395
	850.00 202 257 259 262 265 268
1396
	900.00 213 302 305 309 312 315
1397
	950.00 224 347 351 355 359 363
1398
	1000.00 235 365 397 402 406 410
1399
	1050.00 246 382 443 448 453 458
1400
	1100.00 258 400 489 495 500 505
1401
	1150.00 269 417 522 541 547 553
1402
	1200.00 280 435 544 588 594 600
1403
	1250.00 290 451 565 634 641 648
1404
	1300.00 300 467 584 659 688 695
1405
	1350.00 310 482 603 681 735 743
1406
	1400.00 320 498 623 702 765 790
1407
	1450.00 330 513 642 724 789 838
1408
	1500.00 340 529 662 746 813 869
1409
	1550.00 350 544 681 768 836 895
1410
	1600.00 360 560 701 790 860 920
1411
	1650.00 370 575 720 812 884 945
1412
	1700.00 380 591 740 833 907 971
1413
	1750.00 390 606 759 855 931 996
1414
	1800.00 400 622 779 877 955 1022
1415
	1850.00 410 638 798 900 979 1048
1416
	1900.00 421 654 818 923 1004 1074
1417
	1950.00 431 670 839 946 1029 1101
1418
	2000.00 442 686 859 968 1054 1128
1419
	2050.00 452 702 879 991 1079 1154
1420
	2100.00 463 718 899 1014 1104 1181
1421
	2150.00 473 734 919 1037 1129 1207
1422
	2200.00 484 751 940 1060 1154 1234
1423
	2250.00 494 767 960 1082 1179 1261
1424
	2300.00 505 783 980 1105 1204 1287
1425
	2350.00 515 799 1000 1128 1229 1314
1426
	2400.00 526 815 1020 1151 1254 1340
1427
	2450.00 536 831 1041 1174 1279 1367
1428
	2500.00 547 847 1061 1196 1304 1394
1429
	2550.00 557 864 1081 1219 1329 1420
1430
	2600.00 568 880 1101 1242 1354 1447
1431
	2650.00 578 896 1121 1265 1379 1473
1432
	2700.00 588 912 1141 1287 1403 1500
1433
	2750.00 597 927 1160 1308 1426 1524
1434
	2800.00 607 941 1178 1328 1448 1549
1435
	2850.00 616 956 1197 1349 1471 1573
1436
	2900.00 626 971 1215 1370 1494 1598
1437
	2950.00 635 986 1234 1391 1517 1622
1438
	3000.00 644 1001 1252 1412 1540 1647
1439
	3050.00 654 1016 1271 1433 1563 1671
1440
	3100.00 663 1031 1289 1453 1586 1695
1441
	3150.00 673 1045 1308 1474 1608 1720
1442
	3200.00 682 1060 1327 1495 1631 1744
1443
	3250.00 691 1075 1345 1516 1654 1769
1444
	3300.00 701 1090 1364 1537 1677 1793
1445
	3350.00 710 1105 1382 1558 1700 1818
1446
	3400.00 720 1120 1401 1579 1723 1842
1447
	3450.00 729 1135 1419 1599 1745 1867
1448
	3500.00 738 1149 1438 1620 1768 1891
1449
	3550.00 748 1164 1456 1641 1791 1915
1450
	3600.00 757 1179 1475 1662 1814 1940
1451
	3650.00 767 1194 1493 1683 1837 1964
1452
	3700.00 776 1208 1503 1702 1857 1987
1453
	3750.00 784 1221 1520 1721 1878 2009
1454
	3800.00 793 1234 1536 1740 1899 2031
1455
	3850.00 802 1248 1553 1759 1920 2053
1456
	3900.00 811 1261 1570 1778 1940 2075
1457
	3950.00 819 1275 1587 1797 1961 2097
1458
	4000.00 828 1288 1603 1816 1982 2119
1459
	4050.00 837 1302 1620 1835 2002 2141
1460
	4100.00 846 1315 1637 1854 2023 2163
1461
	4150.00 854 1329 1654 1873 2044 2185
1462
	4200.00 863 1342 1670 1892 2064 2207
1463
	4250.00 872 1355 1687 1911 2085 2229
1464
	4300.00 881 1369 1704 1930 2106 2251
1465
	4350.00 889 1382 1721 1949 2127 2273
1466
	4400.00 898 1396 1737 1968 2147 2295
1467
	4450.00 907 1409 1754 1987 2168 2317
1468
	4500.00 916 1423 1771 2006 2189 2339
1469
	4550.00 924 1436 1788 2024 2209 2361
1470
	4600.00 933 1450 1804 2043 2230 2384
1471
	4650.00 942 1463 1821 2062 2251 2406
1472
	4700.00 951 1477 1838 2081 2271 2428
1473
	4750.00 959 1490 1855 2100 2292 2450
1474
	4800.00 968 1503 1871 2119 2313 2472
1475
	4850.00 977 1517 1888 2138 2334 2494
1476
	4900.00 986 1530 1905 2157 2354 2516
1477
	4950.00 993 1542 1927 2174 2372 2535
1478
	5000.00 1000 1551 1939 2188 2387 2551
1479
	5050.00 1006 1561 1952 2202 2402 2567
1480
	5100.00 1013 1571 1964 2215 2417 2583
1481
	5150.00 1019 1580 1976 2229 2432 2599
1482
	5200.00 1025 1590 1988 2243 2447 2615
1483
	5250.00 1032 1599 2000 2256 2462 2631
1484
	5300.00 1038 1609 2012 2270 2477 2647
1485
	5350.00 1045 1619 2024 2283 2492 2663
1486
	5400.00 1051 1628 2037 2297 2507 2679
1487
	5450.00 1057 1638 2049 2311 2522 2695
1488
	5500.00 1064 1647 2061 2324 2537 2711
1489
	5550.00 1070 1657 2073 2338 2552 2727
1490
	5600.00 1077 1667 2085 2352 2567 2743
1491
	5650.00 1083 1676 2097 2365 2582 2759
1492
	5700.00 1089 1686 2109 2379 2597 2775
1493
	5750.00 1096 1695 2122 2393 2612 2791
1494
	5800.00 1102 1705 2134 2406 2627 2807
1495
	5850.00 1107 1713 2144 2418 2639 2820
1496
	5900.00 1111 1721 2155 2429 2651 2833
1497
	5950.00 1116 1729 2165 2440 2663 2847
1498
	6000.00 1121 1737 2175 2451 2676 2860
1499
	6050.00 1126 1746 2185 2462 2688 2874
1500
	6100.00 1131 1754 2196 2473 2700 2887
1501
	6150.00 1136 1762 2206 2484 2712 2900
1502
	6200.00 1141 1770 2216 2495 2724 2914
1503
	6250.00 1145 1778 2227 2506 2737 2927
1504
	6300.00 1150 1786 2237 2517 2749 2941
1505
	6350.00 1155 1795 2247 2529 2761 2954
1506
	6400.00 1160 1803 2258 2540 2773 2967
1507
	6450.00 1165 1811 2268 2551 2785 2981
1508
	6500.00 1170 1819 2278 2562 2798 2994
1509
	6550.00 1175 1827 2288 2573 2810 3008
1510
	6600.00 1179 1835 2299 2584 2822 3021
1511
	6650.00 1184 1843 2309 2595 2834 3034
1512
	6700.00 1189 1850 2317 2604 2845 3045
1513
	6750.00 1193 1856 2325 2613 2854 3055
1514
	6800.00 1196 1862 2332 2621 2863 3064
1515
	6850.00 1200 1868 2340 2630 2872 3074
1516
	6900.00 1204 1873 2347 2639 2882 3084
1517
	6950.00 1208 1879 2355 2647 2891 3094
1518
	7000.00 1212 1885 2362 2656 2900 3103
1519
	7050.00 1216 1891 2370 2664 2909 3113
1520
	7100.00 1220 1897 2378 2673 2919 3123
1521
	7150.00 1224 1903 2385 2681 2928 3133
1522
	7200.00 1228 1909 2393 2690 2937 3142
1523
	7250.00 1232 1915 2400 2698 2946 3152
1524
	7300.00 1235 1921 2408 2707 2956 3162
1525
	7350.00 1239 1927 2415 2716 2965 3172
1526
	7400.00 1243 1933 2423 2724 2974 3181
1527
	7450.00 1247 1939 2430 2733 2983 3191
1528
	7500.00 1251 1945 2438 2741 2993 3201
1529
	7550.00 1255 1951 2446 2750 3002 3211
1530
	7600.00 1259 1957 2453 2758 3011 3220
1531
	7650.00 1263 1963 2461 2767 3020 3230
1532
	7700.00 1267 1969 2468 2775 3030 3240
1533
	7750.00 1271 1975 2476 2784 3039 3250
1534
	7800.00 1274 1981 2483 2792 3048 3259
1535
	7850.00 1278 1987 2491 2801 3057 3269
1536
	7900.00 1282 1992 2498 2810 3067 3279
1537
	7950.00 1286 1998 2506 2818 3076 3289
1538
	8000.00 1290 2004 2513 2827 3085 3298
1539
	8050.00 1294 2010 2521 2835 3094 3308
1540
	8100.00 1298 2016 2529 2844 3104 3318
1541
	8150.00 1302 2022 2536 2852 3113 3328
1542
	8200.00 1306 2028 2544 2861 3122 3337
1543
	8250.00 1310 2034 2551 2869 3131 3347
1544
	8300.00 1313 2040 2559 2878 3141 3357
1545
	8350.00 1317 2046 2566 2887 3150 3367
1546
	8400.00 1321 2052 2574 2895 3159 3376
1547
	8450.00 1325 2058 2581 2904 3168 3386
1548
	8500.00 1329 2064 2589 2912 3178 3396
1549
	8550.00 1333 2070 2597 2921 3187 3406
1550
	8600.00 1337 2076 2604 2929 3196 3415
1551
	8650.00 1341 2082 2612 2938 3205 3425
1552
	8700.00 1345 2088 2619 2946 3215 3435
1553
	8750.00 1349 2094 2627 2955 3224 3445
1554
	8800.00 1352 2100 2634 2963 3233 3454
1555
	8850.00 1356 2106 2642 2972 3242 3464
1556
	8900.00 1360 2111 2649 2981 3252 3474
1557
	8950.00 1364 2117 2657 2989 3261 3484
1558
	9000.00 1368 2123 2664 2998 3270 3493
1559
	9050.00 1372 2129 2672 3006 3279 3503
1560
	9100.00 1376 2135 2680 3015 3289 3513
1561
	9150.00 1380 2141 2687 3023 3298 3523
1562
	9200.00 1384 2147 2695 3032 3307 3532
1563
	9250.00 1388 2153 2702 3040 3316 3542
1564
	9300.00 1391 2159 2710 3049 3326 3552
1565
	9350.00 1395 2165 2717 3058 3335 3562
1566
	9400.00 1399 2171 2725 3066 3344 3571
1567
	9450.00 1403 2177 2732 3075 3353 3581
1568
	9500.00 1407 2183 2740 3083 3363 3591
1569
	9550.00 1411 2189 2748 3092 3372 3601
1570
	9600.00 1415 2195 2755 3100 3381 3610
1571
	9650.00 1419 2201 2763 3109 3390 3620
1572
	9700.00 1422 2206 2767 3115 3396 3628
1573
	9750.00 1425 2210 2772 3121 3402 3634
1574
	9800.00 1427 2213 2776 3126 3408 3641
1575
	9850.00 1430 2217 2781 3132 3414 3647
1576
	9900.00 1432 2221 2786 3137 3420 3653
1577
	9950.00 1435 2225 2791 3143 3426 3659
1578
	10000.00 1437 2228 2795 3148 3432 3666
1579
1580	For combined monthly net available income less than the amount
1581	set out on the above guidelines schedule schedules, the parent
1582	should be ordered to pay a child support amount, determined on a
1583	case-by-case basis, to establish the principle of payment and
1584	lay the basis for increased orders should the parent's income
1585	increase in the future. For combined monthly net available
1586	income greater than the amount set out in the above guidelines
1587	schedule schedules, the obligation shall be the minimum amount
1588	of support provided by the guidelines schedule plus the
1589	following percentages multiplied by the amount of income over
1590	$10,000:
1591
	Child or Children
1592
	One Two Three Four Five Six
1593
	5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
1594
1595	(7)  Child care costs incurred on behalf of the children
1596	due to employment, job search, or education calculated to result
1597	in employment or to enhance income of current employment of
1598	either parent shall be reduced by 25 percent and then shall be
1599	added to the basic obligation. After the adjusted child care
1600	costs are added to the basic obligation, any moneys prepaid by a
1601	the noncustodial parent for child care costs for the child or
1602	children of this action shall be deducted from that noncustodial
1603	parent's child support obligation for that child or those
1604	children. Child care costs shall not exceed the level required
1605	to provide quality care from a licensed source for the children.
1606	(8)  Health insurance costs resulting from coverage ordered
1607	pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
1608	and prescription medication expenses of the child, shall be
1609	added to the basic obligation unless these expenses have been
1610	ordered to be separately paid on a percentage basis. After the
1611	health insurance costs are added to the basic obligation, any
1612	moneys prepaid by a the noncustodial parent for health-related
1613	costs for the child or children of this action shall be deducted
1614	from that noncustodial parent's child support obligation for
1615	that child or those children.
1616	(9)  Each parent's percentage share of the child support
1617	need shall be determined by dividing each parent's net monthly
1618	income by the combined net monthly income.
1619	(10)  Each parent's actual dollar share of the total
1620	minimum child support need shall be determined by multiplying
1621	the minimum child support need by each parent's percentage share
1622	of the combined monthly net income.
1623	(11)(a)  The court may adjust the total minimum child
1624	support award, or either or both parents' share of the total
1625	minimum child support award, based upon the following deviation
1626	factors considerations:
1627	1.  Extraordinary medical, psychological, educational, or
1628	dental expenses.
1629	2.  Independent income of the child, not to include moneys
1630	received by a child from supplemental security income.
1631	3.  The payment of support for a parent which regularly has
1632	been paid and for which there is a demonstrated need.
1633	4.  Seasonal variations in one or both parents' incomes or
1634	expenses.
1635	5.  The age of the child, taking into account the greater
1636	needs of older children.
1637	6.  Special needs, such as costs that may be associated
1638	with the disability of a child, that have traditionally been met
1639	within the family budget even though the fulfilling of those
1640	needs will cause the support to exceed the presumptive amount
1641	established by the proposed guidelines.
1642	7.  Total available assets of the obligee, obligor, and the
1643	child.
1644	8.  The impact of the Internal Revenue Service dependency
1645	exemption and waiver of that exemption. The court may order a
1646	the primary residential parent to execute a waiver of the
1647	Internal Revenue Service dependency exemption if the paying
1648	noncustodial parent is current in support payments.
1649	9.  When application of the child support guidelines
1650	schedule requires a person to pay another person more than 55
1651	percent of his or her gross income for a child support
1652	obligation for current support resulting from a single support
1653	order.
1654	10.  The particular parenting plan shared parental
1655	arrangement, such as where the child spends a significant amount
1656	of time, but less than 40 percent of the overnights, with one
1657	the noncustodial parent, thereby reducing the financial
1658	expenditures incurred by the other primary residential parent;
1659	or the refusal of a the noncustodial parent to become involved
1660	in the activities of the child.
1661	11.  Any other adjustment which is needed to achieve an
1662	equitable result which may include, but not be limited to, a
1663	reasonable and necessary existing expense or debt. Such expense
1664	or debt may include, but is not limited to, a reasonable and
1665	necessary expense or debt which the parties jointly incurred
1666	during the marriage.
1667	(b)  Whenever a particular parenting plan shared parental
1668	arrangement provides that each child spend a substantial amount
1669	of time with each parent, the court shall adjust any award of
1670	child support, as follows:
1671	1.  In accordance with subsections (9) and (10), calculate
1672	the amount of support obligation apportioned to each the
1673	noncustodial parent without including day care and health
1674	insurance costs in the calculation and multiply the amount by
1675	1.5.
1676	2.  In accordance with subsections (9) and (10), calculate
1677	the amount of support obligation apportioned to the custodial
1678	parent without including day care and health insurance costs in
1679	the calculation and multiply the amount by 1.5.
1680	2.3.  Calculate the percentage of overnight stays the child
1681	spends with each parent.
1682	3.4.  Multiply each the noncustodial parent's support
1683	obligation as calculated in subparagraph 1. by the percentage of
1684	the other custodial parent's overnight stays with the child as
1685	calculated in subparagraph 2. 3.
1686	5.  Multiply the custodial parent's support obligation as
1687	calculated in subparagraph 2. by the percentage of the
1688	noncustodial parent's overnight stays with the child as
1689	calculated in subparagraph 3.
1690	4.6.  The difference between the amounts calculated in
1691	subparagraph 3. subparagraphs 4. and 5. shall be the monetary
1692	transfer necessary between the custodial and noncustodial
1693	parents for the care of the child, subject to an adjustment for
1694	day care and health insurance expenses.
1695	5.7.  Pursuant to subsections (7) and (8), calculate the
1696	net amounts owed by each parent the custodial and noncustodial
1697	parents for the expenses incurred for day care and health
1698	insurance coverage for the child. Day care shall be calculated
1699	without regard to the 25-percent reduction applied by subsection
1700	(7).
1701	6.8.  Adjust the support obligation owed by each the
1702	custodial or noncustodial parent pursuant to subparagraph 4. 6.
1703	by crediting or debiting the amount calculated in subparagraph
1704	5. 7. This amount represents the child support which must be
1705	exchanged between the custodial and noncustodial parents.
1706	7.9.  The court may deviate from the child support amount
1707	calculated pursuant to subparagraph 6. 8. based upon the
1708	deviation factors considerations set forth in paragraph (a), as
1709	well as the obligee custodial parent's low income and ability to
1710	maintain the basic necessities of the home for the child, the
1711	likelihood that either the noncustodial parent will actually
1712	exercise the time-sharing schedule set forth in the parenting
1713	plan visitation granted by the court, and whether all of the
1714	children are exercising the same time-sharing schedule shared
1715	parental arrangement.
1716	8.10.  For purposes of adjusting any award of child support
1717	under this paragraph, "substantial amount of time" means that a
1718	the noncustodial parent exercises visitation at least 40 percent
1719	of the overnights of the year.
1720	(c)  A noncustodial parent's failure to regularly exercise
1721	court-ordered or agreed time-sharing schedule visitation not
1722	caused by the other custodial parent which resulted in the
1723	adjustment of the amount of child support pursuant to
1724	subparagraph (a)10. or paragraph (b) shall be deemed a
1725	substantial change of circumstances for purposes of modifying
1726	the child support award. A modification pursuant to this
1727	paragraph shall be retroactive to the date the noncustodial
1728	parent first failed to regularly exercise court-ordered or
1729	agreed time-sharing schedule visitation.
1730	(12)(a)  A parent with a support obligation may have other
1731	children living with him or her who were born or adopted after
1732	the support obligation arose. If such subsequent children exist,
1733	the court, when considering an upward modification of an
1734	existing award, may disregard the income from secondary
1735	employment obtained in addition to the parent's primary
1736	employment if the court determines that the employment was
1737	obtained primarily to support the subsequent children.
1738	(b)  Except as provided in paragraph (a), the existence of
1739	such subsequent children should not as a general rule be
1740	considered by the court as a basis for disregarding the amount
1741	provided in the guidelines schedule. The parent with a support
1742	obligation for subsequent children may raise the existence of
1743	such subsequent children as a justification for deviation from
1744	the guidelines schedule. However, if the existence of such
1745	subsequent children is raised, the income of the other parent of
1746	the subsequent children shall be considered by the court in
1747	determining whether or not there is a basis for deviation from
1748	the guideline amount.
1749	(c)  The issue of subsequent children under paragraph (a)
1750	or paragraph (b) may only be raised in a proceeding for an
1751	upward modification of an existing award and may not be applied
1752	to justify a decrease in an existing award.
1753	(13)  If the recurring income is not sufficient to meet the
1754	needs of the child, the court may order child support to be paid
1755	from nonrecurring income or assets.
1756	(14)  Every petition for child support or for modification
1757	of child support shall be accompanied by an affidavit which
1758	shows the party's income, allowable deductions, and net income
1759	computed in accordance with this section. The affidavit shall be
1760	served at the same time that the petition is served. The
1761	respondent, whether or not a stipulation is entered, shall make
1762	an affidavit which shows the party's income, allowable
1763	deductions, and net income computed in accordance with this
1764	section. The respondent shall include his or her affidavit with
1765	the answer to the petition or as soon thereafter as is
1766	practicable, but in any case at least 72 hours prior to any
1767	hearing on the finances of either party.
1768	(15)  For purposes of establishing an obligation for
1769	support in accordance with this section, if a person who is
1770	receiving public assistance is found to be noncooperative as
1771	defined in s. 409.2572, the IV-D agency is authorized to submit
1772	to the court an affidavit attesting to the income of that the
1773	custodial parent based upon information available to the IV-D
1774	agency.
1775	(16)  The Legislature shall review the guidelines schedule
1776	established in this section at least every 4 years beginning in
1777	1997.
1778	(17)  In an initial determination of child support, whether
1779	in a paternity action, dissolution of marriage action, or
1780	petition for support during the marriage, the court has
1781	discretion to award child support retroactive to the date when
1782	the parents did not reside together in the same household with
1783	the child, not to exceed a period of 24 months preceding the
1784	filing of the petition, regardless of whether that date precedes
1785	the filing of the petition. In determining the retroactive award
1786	in such cases, the court shall consider the following:
1787	(a)  The court shall apply the guidelines schedule in
1788	effect at the time of the hearing subject to the obligor's
1789	demonstration of his or her actual income, as defined by
1790	subsection (2), during the retroactive period. Failure of the
1791	obligor to so demonstrate shall result in the court using the
1792	obligor's income at the time of the hearing in computing child
1793	support for the retroactive period.
1794	(b)  All actual payments made by a the noncustodial parent
1795	to the other custodial parent or the child or third parties for
1796	the benefit of the child throughout the proposed retroactive
1797	period.
1798	(c)  The court should consider an installment payment plan
1799	for the payment of retroactive child support.
1800	Section 17.  Section 61.401, Florida Statutes, is amended
1801	to read:
1802	61.401  Appointment of guardian ad litem.--In an action for
1803	dissolution of marriage or for the creation, approval, or,
1804	modification of a parenting plan, parental responsibility,
1805	custody, or visitation, if the court finds it is in the best
1806	interest of the child, the court may appoint a guardian ad litem
1807	to act as next friend of the child, investigator or evaluator,
1808	not as attorney or advocate. The court in its discretion may
1809	also appoint legal counsel for a child to act as attorney or
1810	advocate; however, the guardian and the legal counsel shall not
1811	be the same person. In such actions which involve an allegation
1812	of child abuse, abandonment, or neglect as defined in s. 39.01,
1813	which allegation is verified and determined by the court to be
1814	well-founded, the court shall appoint a guardian ad litem for
1815	the child. The guardian ad litem shall be a party to any
1816	judicial proceeding from the date of the appointment until the
1817	date of discharge.
1818	Section 18.  Section 61.45, Florida Statutes, is amended to
1819	read:
1820	61.45  Court-ordered parenting plan Court order of
1821	visitation or custody; risk of violation; bond.--
1822	(1)  In any a proceeding in which the court enters a
1823	parenting plan, including a time-sharing schedule an order of
1824	child custody or visitation, including in a modification
1825	proceeding, upon the presentation of competent substantial
1826	evidence that there is a risk that one party may violate the
1827	court's parenting plan order of visitation or custody by
1828	removing a child from this state or country or by concealing the
1829	whereabouts of a child, or upon stipulation of the parties, the
1830	court may:
1831	(a)  Order that a parent may not remove the child from this
1832	state without the notarized written permission of both parents
1833	or further court order;
1834	(b)  Order that a parent may not remove the child from this
1835	country without the notarized written permission of both parents
1836	or further court order;
1837	(c)  Order that a parent may not take the child to a
1838	country that has not ratified or acceded to the Hague Convention
1839	on the Civil Aspects of International Child Abduction unless the
1840	other parent agrees in writing that the child may be taken to
1841	the country;
1842	(d)  Require a parent to surrender the passport of the
1843	child; or
1844	(e)  Require that party to post bond or other security.
1845	(2)  If the court enters a parenting plan, including a
1846	time-sharing schedule an order of child custody or visitation,
1847	including in a modification proceeding, that includes a
1848	provision entered under paragraph (1)(b) or paragraph (1)(c), a
1849	certified copy of the order should be sent by the parent who
1850	requested the restriction to the Passport Services Office of the
1851	United States Department of State requesting that they not issue
1852	a passport to the child without their signature or further court
1853	order.
1854	(3)  In assessing the need for a bond or other security,
1855	the court may consider any reasonable factor bearing upon the
1856	risk that a party may violate a parenting plan visitation or
1857	custody order by removing a child from this state or country or
1858	by concealing the whereabouts of a child, including but not
1859	limited to whether:
1860	(a)  A court has previously found that a party previously
1861	removed a child from Florida or another state in violation of a
1862	parenting plan custody or visitation order, or whether a court
1863	had found that a party has threatened to take a child out of
1864	Florida or another state in violation of a parenting plan
1865	custody or visitation order;
1866	(b)  The party has strong family and community ties to
1867	Florida or to other states or countries, including whether the
1868	party or child is a citizen of another country;
1869	(c)  The party has strong financial reasons to remain in
1870	Florida or to relocate to another state or country;
1871	(d)  The party has engaged in activities that suggest plans
1872	to leave Florida, such as quitting employment; sale of a
1873	residence or termination of a lease on a residence, without
1874	efforts to acquire an alternative residence in the state;
1875	closing bank accounts or otherwise liquidating assets; or
1876	applying for a passport;
1877	(e)  Either party has had a history of domestic violence as
1878	either a victim or perpetrator, child abuse or child neglect
1879	evidenced by criminal history, including but not limited to,
1880	arrest, an injunction for protection against domestic violence
1881	issued after notice and hearing under s. 741.30, medical
1882	records, affidavits, or any other relevant information; or
1883	(f)  The party has a criminal record.
1884	(4)  The court must consider the party's financial
1885	resources prior to setting the bond amount under this section.
1886	Under no circumstances may the court set a bond that is
1887	unreasonable.
1888	(5)  Any deficiency of bond or security shall not absolve
1889	the violating party of responsibility to pay the full amount of
1890	damages determined by the court.
1891	(6)(a)  Upon a material violation of any parenting plan
1892	custody or visitation order by removing a child from this state
1893	or this country or by concealing the whereabouts of a child, the
1894	court may order the bond or other security forfeited in whole or
1895	in part.
1896	(b)  This section, including the requirement to post a bond
1897	or other security, does not apply to a parent who, in a
1898	proceeding to order or modify a parenting plan or time-sharing
1899	schedule, is determined by the court to be child custody or
1900	visitation, the court determines is a victim of an act of
1901	domestic violence or provides the court with has reasonable
1902	cause to believe that he or she is about to become the victim of
1903	an act of domestic violence, as defined in s. 741.28. An
1904	injunction for protection against domestic violence issued
1905	pursuant to s. 741.30 for a parent as the petitioner which is in
1906	effect at the time of the court proceeding shall be one means of
1907	demonstrating sufficient evidence that the parent is a victim of
1908	domestic violence or is about to become the victim of an act of
1909	domestic violence, as defined in s. 741.28, and shall exempt the
1910	parent from this section, including the requirement to post a
1911	bond or other security. A parent who is determined by the court
1912	to be exempt from the requirements of this section must meet the
1913	requirements of s. 787.03(6) if an offense of interference with
1914	the parenting plan or time-sharing schedule custody is
1915	committed.
1916	(7)(a)  Upon an order of forfeiture, the proceeds of any
1917	bond or other security posted pursuant to this subsection may
1918	only be used to:
1919	1.  Reimburse the nonviolating party for actual costs or
1920	damages incurred in upholding the court's parenting plan order
1921	of custody or visitation.
1922	2.  Locate and return the child to the residence as set
1923	forth in the parenting plan visitation or custody order.
1924	3.  Reimburse reasonable fees and costs as determined by
1925	the court.
1926	(b)  Any remaining proceeds shall be held as further
1927	security if deemed necessary by the court, and if further
1928	security is not found to be necessary; applied to any child
1929	support arrears owed by the parent against whom the bond was
1930	required, and if no arrears exists; all remaining proceeds will
1931	be allocated by the court in the best interest of the child.
1932	(8)  At any time after the forfeiture of the bond or other
1933	security, the party who posted the bond or other security, or
1934	the court on its own motion may request that the party provide
1935	documentation substantiating that the proceeds received as a
1936	result of the forfeiture have been used solely in accordance
1937	with this subsection. Any party using such proceeds for purposes
1938	not in accordance with this section may be found in contempt of
1939	court.
1940	Section 19.  Subsection (14) of section 409.2554, Florida
1941	Statutes, is amended to read:
1942	409.2554  Definitions; ss. 409.2551-409.2598.--As used in
1943	ss. 409.2551-409.2598, the term:
1944	(14)  "Unidentifiable collection" means a payment received
1945	by the department for which a the noncustodial parent, custodial
1946	parent, depository or circuit civil numbers, or source of the
1947	payment cannot be identified.
1948	Section 20.  Paragraphs (b) and (c) of subsection (2) and
1949	subsection (4) of section 409.2558, Florida Statutes, are
1950	amended to read:
1951	409.2558  Support distribution and disbursement.--
1952	(2)  UNDISTRIBUTABLE COLLECTIONS.--
1953	(b)  Collections that are determined to be undistributable
1954	shall be processed in the following order of priority:
1955	1.  Apply the payment to any assigned arrears on the
1956	obligee's custodial parent's case; then
1957	2.  Apply the payment to any administrative costs ordered
1958	by the court pursuant to s. 409.2567 associated with the
1959	obligee's custodial parent's case; then
1960	3.  When the obligor noncustodial parent is subject to a
1961	valid order to support another child in a case with a different
1962	obligee custodial parent and the obligation is being enforced by
1963	the department, the department shall send by certified mail,
1964	restricted delivery, return receipt requested, to the obligor
1965	noncustodial parent at the most recent address provided by the
1966	obligor noncustodial parent to the tribunal that issued the
1967	order, a notice stating the department's intention to apply the
1968	payment pursuant to this subparagraph, and advising the obligor
1969	noncustodial parent of the right to contest the department's
1970	proposed action in the circuit court by filing and serving a
1971	petition on the department within 30 days after the mailing of
1972	the notice. If the obligor noncustodial parent does not file and
1973	serve a petition within the 30 days after mailing of the notice,
1974	or upon a disposition of the judicial action favorable to the
1975	department, the department shall apply the payment toward his or
1976	her other support obligation. If there is more than one such
1977	other case, the department shall allocate the remaining
1978	undistributable amount as specified by s. 61.1301(4)(c); then
1979	4.  Return the payment to the obligor noncustodial parent;
1980	then
1981	5.  If the obligor noncustodial parent cannot be located
1982	after diligent efforts by the department, the federal share of
1983	the payment shall be credited to the Federal Government and the
1984	state share shall be transferred to the General Revenue Fund.
1985	(c)  Refunds to obligors noncustodial parents that are
1986	determined to be undistributable shall be processed in the
1987	following manner:
1988	1.  The federal share of the refund shall be sent to the
1989	Federal Government.
1990	2.  The state share shall be credited to the General
1991	Revenue Fund.
1992	(4)  RECLAIMING COLLECTIONS DECLARED TO BE UNDISTRIBUTABLE
1993	OR UNIDENTIFIABLE.--At such time as an undistributable or
1994	unidentifiable collection that has been transferred to the
1995	Federal Government and to the General Revenue Fund in the
1996	relevant method above becomes distributable or identified,
1997	meaning either the obligor noncustodial parent or the obligee
1998	custodial parent is identified or located, the department shall
1999	retrieve the transferred moneys in the following manner:
2000	(a)  Offset the next credit to the Federal Government in an
2001	amount equal to the share of the collection which had been
2002	transferred; and
2003	(b)  Offset the next transfer to the General Revenue Fund
2004	in an amount equal to the state share of the collection which
2005	had been transferred to the General Revenue Fund.
2006
2007	The collection shall then be processed, as appropriate.
2008	Section 21.  Paragraph (a) of subsection (1), paragraphs
2009	(b), (c), (d), and (f) of subsection (2), subsection (4),
2010	paragraphs (a) and (c) of subsection (5), subsection (6),
2011	paragraphs (b), (c), (d), and (e) of subsection (7), paragraphs
2012	(a) and (b) of subsection (10), and subsections (13) and (17) of
2013	section 409.2563, Florida Statutes, are amended to read:
2014	409.2563  Administrative establishment of child support
2015	obligations.--
2016	(1)  DEFINITIONS.--As used in this section, the term:
2017	(a)  "Administrative support order" means a final order
2018	rendered by or on behalf of the department pursuant to this
2019	section establishing or modifying the obligation of a
2020	noncustodial parent to contribute to the support and maintenance
2021	of his or her child or children, which may include provisions
2022	for monetary support, retroactive support, health care, and
2023	other elements of support pursuant to chapter 61.
2024	(2)  PURPOSE AND SCOPE.--
2025	(b)  The administrative procedure set forth in this section
2026	concerns only the establishment of child support obligations.
2027	This section does not grant jurisdiction to the department or
2028	the Division of Administrative Hearings to hear or determine
2029	issues of dissolution of marriage, separation, alimony or
2030	spousal support, termination of parental rights, dependency,
2031	disputed paternity, except for a determination of paternity as
2032	provided in s. 409.256, award of or change of time-sharing
2033	custody, or visitation. This paragraph notwithstanding, the
2034	department and the Division of Administrative Hearings may make
2035	findings of fact that are necessary for a proper determination
2036	of a noncustodial parent's support obligation as authorized by
2037	this section.
2038	(c)  If there is no support order for a child in a Title
2039	IV-D case whose paternity has been established or is presumed by
2040	law, or whose paternity is the subject of a proceeding under s.
2041	409.256, the department may establish a the noncustodial
2042	parent's child support obligation pursuant to this section, s.
2043	61.30, and other relevant provisions of state law. The
2044	noncustodial parent's obligation determined by the department
2045	may include any obligation to pay retroactive support and any
2046	obligation to provide for health care for a child, whether
2047	through insurance coverage, reimbursement of expenses, or both.
2048	The department may proceed on behalf of:
2049	1.  An applicant or recipient of public assistance, as
2050	provided by ss. 409.2561 and 409.2567;
2051	2.  A former recipient of public assistance, as provided by
2052	s. 409.2569;
2053	3.  An individual who has applied for services as provided
2054	by s. 409.2567;
2055	4.  Itself or the child, as provided by s. 409.2561; or
2056	5.  A state or local government of another state, as
2057	provided by chapter 88.
2058	(d)  Either parent, or a caretaker relative if applicable,
2059	may at any time file a civil action in a circuit court having
2060	jurisdiction and proper venue to determine parental the
2061	noncustodial parent's child support obligations, if any. A
2062	support order issued by a circuit court prospectively supersedes
2063	an administrative support order rendered by the department.
2064	(f)  The department shall terminate the administrative
2065	proceeding and file an action in circuit court to determine
2066	support if within 20 days after receipt of the initial notice
2067	the noncustodial parent from whom support is being sought
2068	requests in writing that the department proceed in circuit court
2069	or states in writing his or her the noncustodial parent's
2070	intention to address issues concerning time-sharing custody or
2071	rights to parental contact in court and if within 10 days after
2072	receipt of the department's petition and waiver of service the
2073	noncustodial parent from whom support is being sought signs and
2074	returns the waiver of service form to the department.
2075	(4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
2076	SUPPORT ORDER.--To commence a proceeding under this section, the
2077	department shall provide to the custodial parent from whom
2078	support is not being sought and serve the noncustodial parent
2079	from whom support is being sought with a notice of proceeding to
2080	establish administrative support order and a blank financial
2081	affidavit form. The notice must state:
2082	(a)  The names of both parents, the name of the caretaker
2083	relative, if any, and the name and date of birth of the child or
2084	children;
2085	(b)  That the department intends to establish an
2086	administrative support order as defined in this section;
2087	(c)  That both parents must submit a completed financial
2088	affidavit to the department within 20 days after receiving the
2089	notice, as provided by paragraph (13)(a);
2090	(d)  That both parents, or parent and caretaker relative if
2091	applicable, are required to furnish to the department
2092	information regarding their identities and locations, as
2093	provided by paragraph (13)(b);
2094	(e)  That both parents, or parent and caretaker relative if
2095	applicable, are required to promptly notify the department of
2096	any change in their mailing addresses to ensure receipt of all
2097	subsequent pleadings, notices, and orders, as provided by
2098	paragraph (13)(c);
2099	(f)  That the department will calculate support obligations
2100	based on the child support guidelines schedule in s. 61.30 and
2101	using all available information, as provided by paragraph
2102	(5)(a), and will incorporate such obligations into a proposed
2103	administrative support order;
2104	(g)  That the department will send by regular mail to both
2105	parents, or parent and caretaker relative if applicable, a copy
2106	of the proposed administrative support order, the department's
2107	child support worksheet, and any financial affidavits submitted
2108	by a parent or prepared by the department;
2109	(h)  That the noncustodial parent from whom support is
2110	being sought may file a request for a hearing in writing within
2111	20 days after the date of mailing or other service of the
2112	proposed administrative support order or will be deemed to have
2113	waived the right to request a hearing;
2114	(i)  That if the noncustodial parent from whom support is
2115	being sought does not file a timely request for hearing after
2116	service of the proposed administrative support order, the
2117	department will issue an administrative support order that
2118	incorporates the findings of the proposed administrative support
2119	order, and will send by regular mail a copy of the
2120	administrative support order to both parents, or parent and
2121	caretaker relative if applicable;
2122	(j)  That after an administrative support order is
2123	rendered, the department will file a copy of the order with the
2124	clerk of the circuit court;
2125	(k)  That after an administrative support order is
2126	rendered, the department may enforce the administrative support
2127	order by any lawful means;
2128	(l)  That either parent, or caretaker relative if
2129	applicable, may file at any time a civil action in a circuit
2130	court having jurisdiction and proper venue to determine the
2131	parental noncustodial parent's child support obligations, if
2132	any, and that a support order issued by a circuit court
2133	supersedes an administrative support order rendered by the
2134	department;
2135	(m)  That, neither the department nor the Division of
2136	Administrative Hearings has jurisdiction to award or change
2137	child custody or rights of parental contact or time-sharing and
2138	these issues may only be addressed in circuit court.
2139	1.  The parent from whom support is being sought
2140	noncustodial parent may request in writing that the department
2141	proceed in circuit court to determine his or her support
2142	obligations.
2143	2.  The parent from whom support is being sought
2144	noncustodial parent may state in writing to the department his
2145	or her intention to address issues concerning custody or rights
2146	to parental contact in circuit court.
2147	3.  If the parent from whom support is being sought
2148	noncustodial parent submits the request authorized in
2149	subparagraph 1., or the statement authorized in subparagraph 2.
2150	to the department within 20 days after the receipt of the
2151	initial notice, the department shall file a petition in circuit
2152	court for the determination of the noncustodial parent's child
2153	support obligations, and shall send to the parent from whom
2154	support is being sought noncustodial parent a copy of its
2155	petition, a notice of commencement of action, and a request for
2156	waiver of service of process as provided in the Florida Rules of
2157	Civil Procedure.
2158	4.  If, within 10 days after receipt of the department's
2159	petition and waiver of service, the parent from whom support is
2160	being sought noncustodial parent signs and returns the waiver of
2161	service form to the department, the department shall terminate
2162	the administrative proceeding without prejudice and proceed in
2163	circuit court.
2164	5.  In any circuit court action filed by the department
2165	pursuant to this paragraph or filed by a noncustodial parent or
2166	other person pursuant to paragraph (l) or paragraph (n), the
2167	department shall be a party only with respect to those issues of
2168	support allowed and reimbursable under Title IV-D of the Social
2169	Security Act. It is the responsibility of the noncustodial
2170	parent or other person to take the necessary steps to present
2171	other issues for the court to consider.
2172	(n)  That if the parent from whom support is being sought
2173	noncustodial parent files an action in circuit court and serves
2174	the department with a copy of the petition within 20 days after
2175	being served notice under this subsection, the administrative
2176	process ends without prejudice and the action must proceed in
2177	circuit court;
2178	(o)  Information provided by the Office of State Courts
2179	Administrator concerning the availability and location of self-
2180	help programs for those who wish to file an action in circuit
2181	court but who cannot afford an attorney.
2182
2183	The department may serve the notice of proceeding to establish
2184	administrative support order by certified mail, restricted
2185	delivery, return receipt requested. Alternatively, the
2186	department may serve the notice by any means permitted for
2187	service of process in a civil action. For purposes of this
2188	section, an authorized employee of the department may serve the
2189	notice and execute an affidavit of service. Service by certified
2190	mail is completed when the certified mail is received or refused
2191	by the addressee or by an authorized agent as designated by the
2192	addressee in writing. If a person other than the addressee signs
2193	the return receipt, the department shall attempt to reach the
2194	addressee by telephone to confirm whether the notice was
2195	received, and the department shall document any telephonic
2196	communications. If someone other than the addressee signs the
2197	return receipt, the addressee does not respond to the notice,
2198	and the department is unable to confirm that the addressee has
2199	received the notice, service is not completed and the department
2200	shall attempt to have the addressee served personally. The
2201	department shall provide the custodial parent from whom support
2202	is not being sought or caretaker relative with a copy of the
2203	notice by regular mail to the last known address of the
2204	custodial parent from whom support is not being sought or
2205	caretaker.
2206	(5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--
2207	(a)  After serving notice upon a the noncustodial parent in
2208	accordance with subsection (4), the department shall calculate
2209	that the noncustodial parent's child support obligation under
2210	the child support guidelines schedule as provided by s. 61.30,
2211	based on any timely financial affidavits received and other
2212	information available to the department. If either parent fails
2213	to comply with the requirement to furnish a financial affidavit,
2214	the department may proceed on the basis of information available
2215	from any source, if such information is sufficiently reliable
2216	and detailed to allow calculation of guideline schedule amounts
2217	under s. 61.30. If a the custodial parent receives public
2218	assistance and fails to submit a financial affidavit, the
2219	department may submit a financial affidavit for that the
2220	custodial parent pursuant to s. 61.30(15). If there is a lack of
2221	sufficient reliable information concerning a parent's actual
2222	earnings for a current or past period, it shall be presumed for
2223	the purpose of establishing a support obligation that the parent
2224	had an earning capacity equal to the federal minimum wage during
2225	the applicable period.
2226	(c)  The department shall provide a notice of rights with
2227	the proposed administrative support order, which notice must
2228	inform the parent from whom support is being sought noncustodial
2229	parent that:
2230	1.  The noncustodial parent from whom support is being
2231	sought may, within 20 days after the date of mailing or other
2232	service of the proposed administrative support order, request a
2233	hearing by filing a written request for hearing in a form and
2234	manner specified by the department;
2235	2.  If the noncustodial parent from whom support is being
2236	sought files a timely request for a hearing, the case shall be
2237	transferred to the Division of Administrative Hearings, which
2238	shall conduct further proceedings and may enter an
2239	administrative support order;
2240	3.  A noncustodial parent from whom support is being sought
2241	who fails to file a timely request for a hearing shall be deemed
2242	to have waived the right to a hearing, and the department may
2243	render an administrative support order pursuant to paragraph
2244	(7)(b);
2245	4.  The noncustodial parent from whom support is being
2246	sought may consent in writing to entry of an administrative
2247	support order without a hearing;
2248	5.  The noncustodial parent from whom support is being
2249	sought may, within 10 days after the date of mailing or other
2250	service of the proposed administrative support order, contact a
2251	department representative, at the address or telephone number
2252	specified in the notice, to informally discuss the proposed
2253	administrative support order and, if informal discussions are
2254	requested timely, the time for requesting a hearing will be
2255	extended until 10 days after the department notifies the
2256	noncustodial parent that the informal discussions have been
2257	concluded; and
2258	6.  If an administrative support order that establishes a
2259	noncustodial parent's support obligation is rendered, whether
2260	after a hearing or without a hearing, the department may enforce
2261	the administrative support order by any lawful means.
2262	(6)  HEARING.--If the noncustodial parent from whom support
2263	is being sought files a timely request for hearing, the
2264	department shall refer the hearing request to the Division of
2265	Administrative Hearings. Unless otherwise provided by this
2266	section, chapter 120 and the Uniform Rules of Procedure shall
2267	govern the conduct of the proceedings. The administrative law
2268	judge shall consider all available and admissible information
2269	and any presumptions that apply as provided by paragraph (5)(a).
2270	(7)  ADMINISTRATIVE SUPPORT ORDER.--
2271	(b)  If the noncustodial parent from whom support is being
2272	sought does not file a timely request for a hearing, the
2273	noncustodial parent will be deemed to have waived the right to
2274	request a hearing.
2275	(c)  If the noncustodial parent from whom support is being
2276	sought waives the right to a hearing, or consents in writing to
2277	the entry of an order without a hearing, the department may
2278	render an administrative support order.
2279	(d)  The department shall send by regular mail a copy of
2280	the administrative support order, or the final order denying an
2281	administrative support order, to both parents, or a parent and
2282	caretaker relative if applicable. The noncustodial parent from
2283	whom support is being sought shall be notified of the right to
2284	seek judicial review of the administrative support order in
2285	accordance with s. 120.68.
2286	(e)  An administrative support order must comply with s.
2287	61.30. The department shall develop a standard form or forms for
2288	administrative support orders. An administrative support order
2289	must provide and state findings, if applicable, concerning:
2290	1.  The full name and date of birth of the child or
2291	children;
2292	2.  The name of the noncustodial parent from whom support
2293	is being sought and the other custodial parent or caretaker
2294	relative;
2295	3.  The noncustodial parent's duty and ability to provide
2296	support;
2297	4.  The amount of the noncustodial parent's monthly support
2298	obligation;
2299	5.  Any obligation to pay retroactive support;
2300	6.  The noncustodial parent's obligation to provide for the
2301	health care needs of each child, whether through insurance
2302	coverage, contribution towards the cost of insurance coverage,
2303	payment or reimbursement of health care expenses for the child,
2304	or any combination thereof;
2305	7.  The beginning date of any required monthly payments and
2306	health care coverage;
2307	8.  That all support payments ordered must be paid to the
2308	Florida State Disbursement Unit as provided by s. 61.1824;
2309	9.  That the parents, or caretaker relative if applicable,
2310	must file with the department when the administrative support
2311	order is rendered, if they have not already done so, and update
2312	as appropriate the information required pursuant to paragraph
2313	(13)(b);
2314	10.  That both parents, or parent and caretaker relative if
2315	applicable, are required to promptly notify the department of
2316	any change in their mailing addresses pursuant to paragraph
2317	(13)(c); and
2318	11.  That if the noncustodial parent ordered to pay support
2319	receives unemployment compensation benefits, the payor shall
2320	withhold, and transmit to the department, 40 percent of the
2321	benefits for payment of support, not to exceed the amount owed.
2322
2323	An income deduction order as provided by s. 61.1301 must be
2324	incorporated into the administrative support order or, if not
2325	incorporated into the administrative support order, the
2326	department or the Division of Administrative Hearings shall
2327	render a separate income deduction order.
2328	(10)  JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER
2329	SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--
2330	(a)  The obligor A noncustodial parent has the right to
2331	seek judicial review of an administrative support order or a
2332	final order denying an administrative support order in
2333	accordance with s. 120.68. The department has the right to seek
2334	judicial review, in accordance with s. 120.68, of an
2335	administrative support order or a final order denying an
2336	administrative support order entered by an administrative law
2337	judge of the Division of Administrative Hearings.
2338	(b)  An administrative support order rendered under this
2339	section has the same force and effect as a court order and may
2340	be enforced by any circuit court in the same manner as a support
2341	order issued by the court, except for contempt. If the circuit
2342	court issues its own order enforcing the administrative support
2343	order, the circuit court may enforce its own order by contempt.
2344	The presumption of ability to pay and purge contempt established
2345	in s. 61.14(5)(a) applies to an administrative support order
2346	that includes a finding of present ability to pay. Enforcement
2347	by the court, without any change by the court in the support
2348	obligations established in the administrative support order,
2349	does not supersede the administrative support order or affect
2350	the department's authority to modify the administrative support
2351	order as provided by subsection (12). An order by the court that
2352	requires a the noncustodial parent to make periodic payments on
2353	arrearages does not constitute a change in the support
2354	obligations established in the administrative support order and
2355	does not supersede the administrative order.
2356	(13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
2357	ADDRESS OF RECORD.--In all proceedings pursuant to this section:
2358	(a)  Each The noncustodial parent and custodial parent must
2359	execute and furnish to the department, no later than 20 days
2360	after receipt of the notice of proceeding to establish
2361	administrative support order, a financial affidavit in the form
2362	prescribed by the department. An updated financial affidavit
2363	must be executed and furnished to the department at the
2364	inception of each proceeding to modify an administrative support
2365	order. Caretaker relatives are not required to furnish financial
2366	affidavits.
2367	(b)  Each The noncustodial parent, custodial parent, and
2368	caretaker relative if applicable, shall disclose to the
2369	department, no later than 20 days after receipt of the notice of
2370	proceeding to establish administrative support order, and update
2371	as appropriate, information regarding his or her their identity
2372	and location, including names he or she is they are known by;
2373	social security number numbers; residential and mailing
2374	addresses; telephone numbers; driver's license numbers; and
2375	names, addresses, and telephone numbers of employers. Pursuant
2376	to the federal Personal Responsibility and Work Opportunity
2377	Reconciliation Act of 1996, each person must provide his or her
2378	social security number in accordance with this section.
2379	Disclosure of social security numbers obtained through this
2380	requirement shall be limited to the purpose of administration of
2381	the Title IV-D program for child support enforcement.
2382	(c)  Each The noncustodial parent, custodial parent, and
2383	caretaker relative, if applicable, have a continuing obligation
2384	to promptly inform the department in writing of any change in
2385	his or her their mailing address addresses to ensure receipt of
2386	all subsequent pleadings, notices, payments, statements, and
2387	orders, and receipt is presumed if sent by regular mail to the
2388	most recent address furnished by the person.
2389	(17)  EVALUATION.--The Office of Program Policy Analysis
2390	and Government Accountability shall conduct an evaluation of the
2391	statewide implementation of the administrative process for
2392	establishing child support provided for in this section. This
2393	evaluation shall examine whether these processes have been
2394	effectively implemented and administered statewide and are
2395	operating to the benefit of the children, including, but not
2396	limited to the ability of Title IV-D parents to easily access
2397	the court system for necessary court action. The Office of
2398	Program Policy Analysis and Government Accountability shall
2399	submit an evaluation report on the statewide implementation of
2400	the administrative processes for establishing child support by
2401	June 30, 2006.
2402	Section 22.  Subsections (1), (4), and (11) of section
2403	409.2564, Florida Statutes, are amended to read:
2404	409.2564  Actions for support.--
2405	(1)  In each case in which regular support payments are not
2406	being made as provided herein, the department shall institute,
2407	within 30 days after determination of the obligor's reasonable
2408	ability to pay, action as is necessary to secure the obligor's
2409	payment of current support and any arrearage which may have
2410	accrued under an existing order of support. The department shall
2411	notify the program attorney in the judicial circuit in which the
2412	recipient resides setting forth the facts in the case, including
2413	the obligor's address, if known, and the public assistance case
2414	number. Whenever applicable, the procedures established under
2415	the provisions of chapter 88, Uniform Interstate Family Support
2416	Act, chapter 61, Dissolution of Marriage; Support; Time-sharing
2417	Custody, chapter 39, Proceedings Relating to Children, chapter
2418	984, Children and Families in Need of Services, and chapter 985,
2419	Delinquency; Interstate Compact on Juveniles, may govern actions
2420	instituted under the provisions of this act, except that actions
2421	for support under chapter 39, chapter 984, or chapter 985
2422	brought pursuant to this act shall not require any additional
2423	investigation or supervision by the department.
2424	(4)  Whenever the Department of Revenue has undertaken an
2425	action for enforcement of support, the Department of Revenue may
2426	enter into an agreement with the obligor for the entry of a
2427	judgment determining paternity, if applicable, and for periodic
2428	child support payments based on the child support guidelines
2429	schedule in s. 61.30. Prior to entering into this agreement, the
2430	obligor shall be informed that a judgment will be entered based
2431	on the agreement. The clerk of the court shall file the
2432	agreement without the payment of any fees or charges, and the
2433	court, upon entry of the judgment, shall forward a copy of the
2434	judgment to the parties to the action. To encourage out-of-court
2435	settlement and promote support order compliance, if the obligor
2436	and the Department of Revenue agree on entry of a support order
2437	and its terms, the guideline amount owed for retroactive support
2438	that is permanently assigned to the state shall be reduced by 25
2439	percent.
2440	(11)  The Title IV-D agency shall review child support
2441	orders in IV-D cases at least every 3 years upon request by
2442	either party, or the agency in cases where there is an
2443	assignment of support to the state under s. 414.095(7), and may
2444	seek adjustment of the order if appropriate under the guidelines
2445	schedule established in s. 61.30. Not less than once every 3
2446	years the IV-D agency shall provide notice to the parties
2447	subject to the order informing them of their right to request a
2448	review and, if appropriate, an adjustment of the child support
2449	order. Said notice requirement may be met by including
2450	appropriate language in the initial support order or any
2451	subsequent orders.
2452	Section 23.  Paragraph (a) of subsection (2) of section
2453	409.25657, Florida Statutes, is amended to read:
2454	409.25657  Requirements for financial institutions.--
2455	(2)  The department shall develop procedures to enter into
2456	agreements with financial institutions doing business in the
2457	state, in coordination with such financial institutions and with
2458	the Federal Parent Locator Service in the case of financial
2459	institutions doing business in two or more states, to develop
2460	and operate a data match system, using automated data exchanges
2461	to the maximum extent feasible, in which each financial
2462	institution is required to provide for each calendar quarter the
2463	name, record address, social security number or other taxpayer
2464	identification number, average daily account balance, and other
2465	identifying information for:
2466	(a)  Each noncustodial parent who maintains an account at
2467	such institution and who owes past due support, as identified by
2468	the department by name and social security number or other
2469	taxpayer identification number; or
2470	Section 24.  Subsections (2) and (5) of section 409.25659,
2471	Florida Statutes, are amended to read:
2472	409.25659  Insurance claim data exchange.--
2473	(2)  The department shall develop and operate a data match
2474	system after consultation with one or more insurers, using
2475	automated data exchanges to the maximum extent feasible, in
2476	which an insurer may voluntarily provide the department monthly
2477	with the name, address, and, if known, date of birth and social
2478	security number or other taxpayer identification number for each
2479	noncustodial parent who has a claim with the insurer and who
2480	owes past due support, and the claim number maintained by the
2481	insurer for each claim. An insurer may provide such data by:
2482	(a)  Authorizing an insurance claim data collection
2483	organization, to which the insurer subscribes and to which the
2484	insurer submits the required claim data on at least a monthly
2485	basis, to:
2486	1.  Receive or access a data file from the department and
2487	conduct a data match of all noncustodial parents who have a
2488	claim with the insurer and who owe past due support and submit
2489	the required data for each such noncustodial parent to the
2490	department; or
2491	2.  Submit a data file to the department which contains the
2492	required data for each claim being maintained by the insurer for
2493	the department to conduct a data match;
2494	(b)  Providing the required data for each claim being
2495	maintained by the insurer directly to the department in an
2496	electronic medium; or
2497	(c)  Receiving or accessing a data file from the department
2498	and conducting a data match of all noncustodial parents who have
2499	a claim with the insurer and who owe past due support and
2500	submitting the required data for each such noncustodial parent
2501	to the department.
2502	(5)  The department and insurers may only use the data
2503	obtained pursuant to subsection (2) for the purpose of
2504	identifying noncustodial parents who owe past due support. If
2505	the department does not match such data with a noncustodial
2506	parent who owes past due support, such data shall be destroyed
2507	immediately and shall not be maintained by the department.
2508	Section 25.  Section 409.2577, Florida Statutes, is amended
2509	to read:
2510	409.2577  Parent locator service.--The department shall
2511	establish a parent locator service to assist in locating parents
2512	who have deserted their children and other persons liable for
2513	support of dependent children. The department shall use all
2514	sources of information available, including the Federal Parent
2515	Locator Service, and may request and shall receive information
2516	from the records of any person or the state or any of its
2517	political subdivisions or any officer thereof. Any agency as
2518	defined in s. 120.52, any political subdivision, and any other
2519	person shall, upon request, provide the department any
2520	information relating to location, salary, insurance, social
2521	security, income tax, and employment history necessary to locate
2522	parents who owe or potentially owe a duty of support pursuant to
2523	Title IV-D of the Social Security Act. This provision shall
2524	expressly take precedence over any other statutory nondisclosure
2525	provision which limits the ability of an agency to disclose such
2526	information, except that law enforcement information as provided
2527	in s. 119.071(4)(d) is not required to be disclosed, and except
2528	that confidential taxpayer information possessed by the
2529	Department of Revenue shall be disclosed only to the extent
2530	authorized in s. 213.053(16). Nothing in this section requires
2531	the disclosure of information if such disclosure is prohibited
2532	by federal law. Information gathered or used by the parent
2533	locator service is confidential and exempt from the provisions
2534	of s. 119.07(1). Additionally, the department is authorized to
2535	collect any additional information directly bearing on the
2536	identity and whereabouts of a person owing or asserted to be
2537	owing an obligation of support for a dependent child. The
2538	department shall, upon request, make information available only
2539	to public officials and agencies of this state; political
2540	subdivisions of this state, including any agency thereof
2541	providing child support enforcement services to non-Title IV-D
2542	clients; the custodial parent owed support, legal guardian,
2543	attorney, or agent of the child; and other states seeking to
2544	locate parents who have deserted their children and other
2545	persons liable for support of dependents, for the sole purpose
2546	of establishing, modifying, or enforcing their liability for
2547	support, and shall make such information available to the
2548	Department of Children and Family Services for the purpose of
2549	diligent search activities pursuant to chapter 39. If the
2550	department has reasonable evidence of domestic violence or child
2551	abuse and the disclosure of information could be harmful to the
2552	custodial parent owed support or the child of such parent, the
2553	child support program director or designee shall notify the
2554	Department of Children and Family Services and the Secretary of
2555	the United States Department of Health and Human Services of
2556	this evidence. Such evidence is sufficient grounds for the
2557	department to disapprove an application for location services.
2558	Section 26.  Paragraph (e) of subsection (1) of section
2559	409.2579, Florida Statutes, is amended to read:
2560	409.2579  Safeguarding Title IV-D case file information.--
2561	(1)  Information concerning applicants for or recipients of
2562	Title IV-D child support services is confidential and exempt
2563	from the provisions of s. 119.07(1). The use or disclosure of
2564	such information by the IV-D program is limited to purposes
2565	directly connected with:
2566	(e)  Mandatory disclosure of identifying and location
2567	information as provided in s. 61.13(7)(8) by the IV-D program
2568	when providing Title IV-D services.
2569	Section 27.  Subsection (11) of section 409.811, Florida
2570	Statutes, is amended to read:
2571	409.811  Definitions relating to Florida Kidcare Act.--As
2572	used in ss. 409.810-409.820, the term:
2573	(11)  "Family" means the group or the individuals whose
2574	income is considered in determining eligibility for the Florida
2575	Kidcare program. The family includes a child with a custodial
2576	parent or caretaker relative who resides in the same house or
2577	living unit or, in the case of a child whose disability of
2578	nonage has been removed under chapter 743, the child. The family
2579	may also include other individuals whose income and resources
2580	are considered in whole or in part in determining eligibility of
2581	the child.
2582	Section 28.  Subsection (5) of section 414.0252, Florida
2583	Statutes, is amended to read:
2584	414.0252  Definitions.--As used in ss. 414.025-414.55, the
2585	term:
2586	(5)  "Family" means the assistance group or the individuals
2587	whose needs, resources, and income are considered when
2588	determining eligibility for temporary assistance. The family for
2589	purposes of temporary assistance includes the minor child, a
2590	custodial parent, or caretaker relative who resides in the same
2591	house or living unit. The family may also include individuals
2592	whose income and resources are considered in whole or in part in
2593	determining eligibility for temporary assistance but whose
2594	needs, due to federal or state restrictions, are not considered.
2595	These individuals include, but are not limited to, ineligible
2596	noncitizens or sanctioned individuals.
2597	Section 29.  Paragraph (a) of subsection (4) and subsection
2598	(5) of section 414.065, Florida Statutes, are amended to read:
2599	414.065  Noncompliance with work requirements.--
2600	(4)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
2601	otherwise provided, the situations listed in this subsection
2602	shall constitute exceptions to the penalties for noncompliance
2603	with participation requirements, except that these situations do
2604	not constitute exceptions to the applicable time limit for
2605	receipt of temporary cash assistance:
2606	(a)  Noncompliance related to child care.--Temporary cash
2607	assistance may not be terminated for refusal to participate in
2608	work activities if the individual is a single custodial parent
2609	caring for a child who has not attained 6 years of age, and the
2610	adult proves to the regional workforce board an inability to
2611	obtain needed child care for one or more of the following
2612	reasons, as defined in the Child Care and Development Fund State
2613	Plan required by 45 C.F.R. part 98:
2614	1.  Unavailability of appropriate child care within a
2615	reasonable distance from the individual's home or worksite.
2616	2.  Unavailability or unsuitability of informal child care
2617	by a relative or under other arrangements.
2618	3.  Unavailability of appropriate and affordable formal
2619	child care arrangements.
2620	(5)  WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--
2621	(a)  The court may order a noncustodial parent who is
2622	delinquent in support payments, pursuant to the terms of a
2623	support order, to participate in work activities under this
2624	chapter, or as provided in s. 61.14(5)(b), so that the parent
2625	may obtain employment and fulfill the obligation to provide
2626	support payments. A noncustodial parent who fails to
2627	satisfactorily engage in court-ordered work activities may be
2628	held in contempt.
2629	(b)  The court may order a noncustodial parent to
2630	participate in work activities under this chapter if the child
2631	of the noncustodial parent has been placed with a relative, in
2632	an emergency shelter, in foster care, or in other substitute
2633	care, and:
2634	1.  The case plan requires the noncustodial parent to
2635	participate in work activities; or
2636	2.  The noncustodial parent would be eligible to
2637	participate in work activities and subject to work activity
2638	requirements if the child were living with the parent.
2639
2640	If a noncustodial parent fails to comply with the case plan, the
2641	noncustodial parent may be removed from program participation.
2642	Section 30.  Paragraph (c) of subsection (1) of section
2643	414.085, Florida Statutes, is amended to read:
2644	414.085  Income eligibility standards.--
2645	(1)  For purposes of program simplification and effective
2646	program management, certain income definitions, as outlined in
2647	the food stamp regulations at 7 C.F.R. s. 273.9, shall be
2648	applied to the temporary cash assistance program as determined
2649	by the department to be consistent with federal law regarding
2650	temporary cash assistance and Medicaid for needy families,
2651	except as to the following:
2652	(c)  The first $50 of child support paid to a custodial
2653	parent receiving temporary cash assistance may not be
2654	disregarded in calculating the amount of temporary cash
2655	assistance for the family, unless such exclusion is required by
2656	federal law.
2657	Section 31.  Subsection (2) and paragraph (a) of subsection
2658	(6) of section 414.095, Florida Statutes, are amended to read:
2659	414.095  Determining eligibility for temporary cash
2660	assistance.--
2661	(2)  ADDITIONAL ELIGIBILITY REQUIREMENTS.--
2662	(a)  To be eligible for services or temporary cash
2663	assistance and Medicaid:
2664	1.  An applicant must be a United States citizen, or a
2665	qualified noncitizen, as defined in this section.
2666	2.  An applicant must be a legal resident of the state.
2667	3.  Each member of a family must provide to the department
2668	the member's social security number or shall provide proof of
2669	application for a social security number. An individual who
2670	fails to provide a social security number, or proof of
2671	application for a social security number, is not eligible to
2672	participate in the program.
2673	4.  A minor child must reside with a custodial parent or
2674	parents, with a relative caretaker who is within the specified
2675	degree of blood relationship as defined by 45 C.F.R. part 233,
2676	or, if the minor is a teen parent with a child, in a setting
2677	approved by the department as provided in subsection (14).
2678	5.  Each family must have a minor child and meet the income
2679	and resource requirements of the program. All minor children who
2680	live in the family, as well as the parents of the minor
2681	children, shall be included in the eligibility determination
2682	unless specifically excluded.
2683	(b)  The following members of a family are eligible to
2684	participate in the program if all eligibility requirements are
2685	met:
2686	1.  A minor child who resides with a custodial parent or
2687	other adult caretaker relative.
2688	2.  The parent of a minor child with whom the child
2689	resides.
2690	3.  The caretaker relative with whom the minor child
2691	resides who chooses to have her or his needs and income included
2692	in the family.
2693	4.  Unwed minor children and their children if the unwed
2694	minor child lives at home or in an adult-supervised setting and
2695	if temporary cash assistance is paid to an alternative payee.
2696	5.  A pregnant woman.
2697	(6)  CHILD SUPPORT ENFORCEMENT.--As a condition of
2698	eligibility for public assistance, the family must cooperate
2699	with the state agency responsible for administering the child
2700	support enforcement program in establishing the paternity of the
2701	child, if the child is born out of wedlock, and in obtaining
2702	support for the child or for the parent or caretaker relative
2703	and the child. Cooperation is defined as:
2704	(a)  Assisting in identifying and locating a noncustodial
2705	parent who does not live in the same home as the child and
2706	providing complete and accurate information on that parent;
2707
2708	This subsection does not apply if the state agency that
2709	administers the child support enforcement program determines
2710	that the parent or caretaker relative has good cause for failing
2711	to cooperate.
2712	Section 32.  Subsection (1) of section 414.295, Florida
2713	Statutes, is amended to read:
2714	414.295  Temporary cash assistance programs; public records
2715	exemption.--
2716	(1)  Personal identifying information of a temporary cash
2717	assistance program participant, a participant's family, or a
2718	participant's family or household member, except for information
2719	identifying a noncustodial parent who does not live in the same
2720	home as the child, held by the department, the Agency for
2721	Workforce Innovation, Workforce Florida, Inc., the Department of
2722	Health, the Department of Revenue, the Department of Education,
2723	or a regional workforce board or local committee created
2724	pursuant to s. 445.007 is confidential and exempt from s.
2725	119.07(1) and s. 24(a), Art. I of the State Constitution. Such
2726	confidential and exempt information may be released for purposes
2727	directly connected with:
2728	(a)  The administration of the temporary assistance for
2729	needy families plan under Title IV-A of the Social Security Act,
2730	as amended, by the department, the Agency for Workforce
2731	Innovation, Workforce Florida, Inc., the Department of Military
2732	Affairs, the Department of Health, the Department of Revenue,
2733	the Department of Education, a regional workforce board or local
2734	committee created pursuant to s. 445.007, or a school district.
2735	(b)  The administration of the state's plan or program
2736	approved under Title IV-B, Title IV-D, or Title IV-E of the
2737	Social Security Act, as amended, or under Title I, Title X,
2738	Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
2739	Social Security Act, as amended.
2740	(c)  Any investigation, prosecution, or any criminal,
2741	civil, or administrative proceeding conducted in connection with
2742	the administration of any of the plans or programs specified in
2743	paragraph (a) or paragraph (b) by a federal, state, or local
2744	governmental entity, upon request by that entity, when such
2745	request is made pursuant to the proper exercise of that entity's
2746	duties and responsibilities.
2747	(d)  The administration of any other state, federal, or
2748	federally assisted program that provides assistance or services
2749	on the basis of need, in cash or in kind, directly to a
2750	participant.
2751	(e)  Any audit or similar activity, such as a review of
2752	expenditure reports or financial review, conducted in connection
2753	with the administration of any of the plans or programs
2754	specified in paragraph (a) or paragraph (b) by a governmental
2755	entity authorized by law to conduct such audit or activity.
2756	(f)  The administration of the unemployment compensation
2757	program.
2758	(g)  The reporting to the appropriate agency or official of
2759	information about known or suspected instances of physical or
2760	mental injury, sexual abuse or exploitation, or negligent
2761	treatment or maltreatment of a child or elderly person receiving
2762	assistance, if circumstances indicate that the health or welfare
2763	of the child or elderly person is threatened.
2764	(h)  The administration of services to elderly persons
2765	under ss. 430.601-430.606.
2766	Section 33.  Paragraph (c) of subsection (3) of section
2767	445.024, Florida Statutes, is amended to read:
2768	445.024  Work requirements.--
2769	(3)  EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
2770	following individuals are exempt from work activity
2771	requirements:
2772	(c)  A single custodial parent of a child under 3 months of
2773	age, except that the parent may be required to attend parenting
2774	classes or other activities to better prepare for the
2775	responsibilities of raising a child.
2776	Section 34.  Paragraphs (b), (c), and (d) of subsection (3)
2777	of section 741.0306, Florida Statutes, are amended, and
2778	subsection (5) is added to that section, to read:
2779	741.0306  Creation of a family law handbook.--
2780	(3)  The information contained in the handbook or other
2781	electronic media presentation may be reviewed and updated
2782	annually, and may include, but need not be limited to:
2783	(b)  Shared parental responsibility for children and; the
2784	determination of a parenting plan, including a time-sharing
2785	schedule primary residence or custody and secondary residence or
2786	routine visitation, holiday, summer, and vacation visitation
2787	arrangements, telephone access, and the process for notice for
2788	changes.
2789	(c)  Permanent relocation restrictions on parents with
2790	primary residential responsibility.
2791	(d)  Child support for minor children; both parents are
2792	obligated for support in accordance with applicable child
2793	support guidelines schedule.
2794	(5)  The existing family law handbook shall be reviewed and
2795	a report provided to the Legislature by October 1, 2008, or as
2796	soon thereafter as practicable, with recommendations for
2797	updating the handbook.
2798	Section 35.  Subsection (3), paragraph (a) of subsection
2799	(5), and paragraph (a) of subsection (6) of section 741.30,
2800	Florida Statutes, are amended to read:
2801	741.30  Domestic violence; injunction; powers and duties of
2802	court and clerk; petition; notice and hearing; temporary
2803	injunction; issuance of injunction; statewide verification
2804	system; enforcement.--
2805	(3)(a)  The sworn petition shall allege the existence of
2806	such domestic violence and shall include the specific facts and
2807	circumstances upon the basis of which relief is sought.
2808	(b)  The sworn petition shall be in substantially the
2809	following form:
2810
2811	PETITION FOR
2812	INJUNCTION FOR PROTECTION
2813	AGAINST DOMESTIC VIOLENCE
2814
2815	Before me, the undersigned authority, personally appeared
2816	Petitioner  (Name)  , who has been sworn and says that the
2817	following statements are true:
2818	(a)  Petitioner resides at:  (address)
2819	(Petitioner may furnish address to the court in a separate
2820	confidential filing if, for safety reasons, the petitioner
2821	requires the location of the current residence to be
2822	confidential.)
2823	(b)  Respondent resides at:  (last known address)
2824	(c)  Respondent's last known place of employment:  (name of
2825	business and address)
2826	(d)  Physical description of respondent:_____
2827	Race_____
2828	Sex_____
2829	Date of birth_____
2830	Height_____
2831	Weight_____
2832	Eye color_____
2833	Hair color_____
2834	Distinguishing marks or scars_____
2835	(e)  Aliases of respondent:_____
2836	(f)  Respondent is the spouse or former spouse of the
2837	petitioner or is any other person related by blood or marriage
2838	to the petitioner or is any other person who is or was residing
2839	within a single dwelling unit with the petitioner, as if a
2840	family, or is a person with whom the petitioner has a child in
2841	common, regardless of whether the petitioner and respondent are
2842	or were married or residing together, as if a family.
2843	(g)  The following describes any other cause of action
2844	currently pending between the petitioner and respondent:
2845
2846	The petitioner should also describe any previous or pending
2847	attempts by the petitioner to obtain an injunction for
2848	protection against domestic violence in this or any other
2849	circuit, and the results of that attempt
2850
2851	Case numbers should be included if available.
2852	(h)  Petitioner is either a victim of domestic violence or
2853	has reasonable cause to believe he or she is in imminent danger
2854	of becoming a victim of domestic violence because respondent has
2855	_____(mark all sections that apply and describe in the
2856	spaces below the incidents of violence or threats of violence,
2857	specifying when and where they occurred, including, but not
2858	limited to, locations such as a home, school, place of
2859	employment, or visitation exchange)_____:
2860	_____committed or threatened to commit domestic violence
2861	defined in s. 741.28, Florida Statutes, as any assault,
2862	aggravated assault, battery, aggravated battery, sexual assault,
2863	sexual battery, stalking, aggravated stalking, kidnapping, false
2864	imprisonment, or any criminal offense resulting in physical
2865	injury or death of one family or household member by another.
2866	With the exception of persons who are parents of a child in
2867	common, the family or household members must be currently
2868	residing or have in the past resided together in the same single
2869	dwelling unit.
2870	_____previously threatened, harassed, stalked, or
2871	physically abused the petitioner.
2872	_____attempted to harm the petitioner or family members or
2873	individuals closely associated with the petitioner.
2874	_____threatened to conceal, kidnap, or harm the
2875	petitioner's child or children.
2876	_____intentionally injured or killed a family pet.
2877	_____used, or has threatened to use, against the petitioner
2878	any weapons such as guns or knives.
2879	_____physically restrained the petitioner from leaving the
2880	home or calling law enforcement.
2881	_____a criminal history involving violence or the threat of
2882	violence (if known).
2883	_____another order of protection issued against him or her
2884	previously or from another jurisdiction (if known).
2885	_____destroyed personal property, including, but not
2886	limited to, telephones or other communication equipment,
2887	clothing, or other items belonging to the petitioner.
2888	_____engaged in any other behavior or conduct that leads
2889	the petitioner to have reasonable cause to believe he or she is
2890	in imminent danger of becoming a victim of domestic violence.
2891	(i)  Petitioner alleges the following additional specific
2892	facts: (mark appropriate sections)
2893	_____A minor child or minor children reside with the
2894	petitioner is the custodian of a minor child or children whose
2895	names and ages are as follows:
2896
2897	_____Petitioner needs the exclusive use and possession of
2898	the dwelling that the parties share.
2899	_____Petitioner is unable to obtain safe alternative
2900	housing because:
2901	_____Petitioner genuinely fears that respondent imminently
2902	will abuse, remove, or hide the minor child or children from
2903	petitioner because:
2904
2905	(j)  Petitioner genuinely fears imminent domestic violence
2906	by respondent.
2907	(k)  Petitioner seeks an injunction: (mark appropriate
2908	section or sections)
2909	_____Immediately restraining the respondent from committing
2910	any acts of domestic violence.
2911	_____Restraining the respondent from committing any acts of
2912	domestic violence.
2913	_____Awarding to the petitioner the temporary exclusive use
2914	and possession of the dwelling that the parties share or
2915	excluding the respondent from the residence of the petitioner.
2916	_____Providing a temporary parenting plan, including a
2917	temporary time-sharing schedule Awarding temporary custody of,
2918	or temporary visitation rights with regard to, the minor child
2919	or children of the parties which might involve, or prohibiting
2920	or limiting time-sharing or requiring that it be visitation to
2921	that which is supervised by a third party.
2922	_____Establishing temporary support for the minor child or
2923	children or the petitioner.
2924	_____Directing the respondent to participate in a
2925	batterers' intervention program or other treatment pursuant to
2926	s. 39.901, Florida Statutes.
2927	_____Providing any terms the court deems necessary for the
2928	protection of a victim of domestic violence, or any minor
2929	children of the victim, including any injunctions or directives
2930	to law enforcement agencies.
2931	(c)  Every petition for an injunction against domestic
2932	violence shall contain, directly above the signature line, a
2933	statement in all capital letters and bold type not smaller than
2934	the surrounding text, as follows:
2935
2936
2937	I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH
2938	STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS
2939	MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY,
2940	PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.
2941	(initials)
2942	(d)  If the sworn petition seeks to determine a parenting
2943	plan and time-sharing schedule issues of custody or visitation
2944	with regard to the minor child or children of the parties, the
2945	sworn petition shall be accompanied by or shall incorporate the
2946	allegations required by s. 61.522 of the Uniform Child Custody
2947	Jurisdiction and Enforcement Act.
2948	(5)(a)  When it appears to the court that an immediate and
2949	present danger of domestic violence exists, the court may grant
2950	a temporary injunction ex parte, pending a full hearing, and may
2951	grant such relief as the court deems proper, including an
2952	injunction:
2953	1.  Restraining the respondent from committing any acts of
2954	domestic violence.
2955	2.  Awarding to the petitioner the temporary exclusive use
2956	and possession of the dwelling that the parties share or
2957	excluding the respondent from the residence of the petitioner.
2958	3.  On the same basis as provided in s. 61.13, providing
2959	the petitioner with 100 percent of the time-sharing that shall
2960	remain granting to the petitioner temporary custody of a minor
2961	child. An order of temporary custody remains in effect until the
2962	order expires or an order is entered by a court of competent
2963	jurisdiction in a pending or subsequent civil action or
2964	proceeding affecting the placement of, access to, parental time
2965	with, adoption of, or parental rights and responsibilities for
2966	the minor child.
2967	(6)(a)  Upon notice and hearing, when it appears to the
2968	court that the petitioner is either the victim of domestic
2969	violence as defined by s. 741.28 or has reasonable cause to
2970	believe he or she is in imminent danger of becoming a victim of
2971	domestic violence, the court may grant such relief as the court
2972	deems proper, including an injunction:
2973	1.  Restraining the respondent from committing any acts of
2974	domestic violence.
2975	2.  Awarding to the petitioner the exclusive use and
2976	possession of the dwelling that the parties share or excluding
2977	the respondent from the residence of the petitioner.
2978	3.  On the same basis as provided in chapter 61, providing
2979	the petitioner with 100 percent of the time-sharing in a
2980	temporary parenting plan that shall remain awarding temporary
2981	custody of, or temporary visitation rights with regard to, a
2982	minor child or children of the parties. An order of temporary
2983	custody or visitation remains in effect until the order expires
2984	or an order is entered by a court of competent jurisdiction in a
2985	pending or subsequent civil action or proceeding affecting the
2986	placement of, access to, parental time with, adoption of, or
2987	parental rights and responsibilities for the minor child.
2988	4.  On the same basis as provided in chapter 61,
2989	establishing temporary support for a minor child or children or
2990	the petitioner. An order of temporary support remains in effect
2991	until the order expires or an order is entered by a court of
2992	competent jurisdiction in a pending or subsequent civil action
2993	or proceeding affecting child support.
2994	5.  Ordering the respondent to participate in treatment,
2995	intervention, or counseling services to be paid for by the
2996	respondent. When the court orders the respondent to participate
2997	in a batterers' intervention program, the court, or any entity
2998	designated by the court, must provide the respondent with a list
2999	of all certified batterers' intervention programs and all
3000	programs which have submitted an application to the Department
3001	of Children and Family Services to become certified under s.
3002	741.32, from which the respondent must choose a program in which
3003	to participate. If there are no certified batterers'
3004	intervention programs in the circuit, the court shall provide a
3005	list of acceptable programs from which the respondent must
3006	choose a program in which to participate.
3007	6.  Referring a petitioner to a certified domestic violence
3008	center. The court must provide the petitioner with a list of
3009	certified domestic violence centers in the circuit which the
3010	petitioner may contact.
3011	7.  Ordering such other relief as the court deems necessary
3012	for the protection of a victim of domestic violence, including
3013	injunctions or directives to law enforcement agencies, as
3014	provided in this section.
3015	Section 36.  Subsections (1) and (2) of section 742.031,
3016	Florida Statutes, are amended to read:
3017	742.031  Hearings; court orders for support, hospital
3018	expenses, and attorney's fee.--
3019	(1)  Hearings for the purpose of establishing or refuting
3020	the allegations of the complaint and answer shall be held in the
3021	chambers and may be restricted to persons, in addition to the
3022	parties involved and their counsel, as the judge in his or her
3023	discretion may direct. The court shall determine the issues of
3024	paternity of the child and the ability of the parents to support
3025	the child. Each party's social security number shall be recorded
3026	in the file containing the adjudication of paternity. If the
3027	court finds that the alleged father is the father of the child,
3028	it shall so order. If appropriate, the court shall order the
3029	father to pay the complainant, her guardian, or any other person
3030	assuming responsibility for the child moneys sufficient to pay
3031	reasonable attorney's fees, hospital or medical expenses, cost
3032	of confinement, and any other expenses incident to the birth of
3033	the child and to pay all costs of the proceeding. Bills for
3034	pregnancy, childbirth, and scientific testing are admissible as
3035	evidence without requiring third-party foundation testimony, and
3036	shall constitute prima facie evidence of amounts incurred for
3037	such services or for testing on behalf of the child. The court
3038	shall order either or both parents owing a duty of support to
3039	the child to pay support pursuant to s. 61.30. The court shall
3040	issue, upon motion by a party, a temporary order requiring the
3041	provision of child support pursuant to s. 61.30 pending an
3042	administrative or judicial determination of parentage, if there
3043	is clear and convincing evidence of paternity on the basis of
3044	genetic tests or other evidence. The court may also make a
3045	determination of an appropriate parenting plan, including a
3046	time-sharing schedule, as to the parental responsibility and
3047	residential care and custody of the minor children in accordance
3048	with chapter 61.
3049	(2)  If a judgment of paternity contains only a child
3050	support award with no parenting plan or time-sharing schedule,
3051	the obligee parent shall receive all of the time-sharing and
3052	sole parental responsibility no explicit award of custody, the
3053	establishment of a support obligation or of visitation rights in
3054	one parent shall be considered a judgment granting primary
3055	residential care and custody to the other parent without
3056	prejudice to the obligor parent. If a paternity judgment
3057	contains no such provisions, custody shall be presumed to be
3058	with the mother shall be presumed to have all of the time-
3059	sharing and sole parental responsibility.
3060	Section 37.  Subsection (3) of section 753.01, Florida
3061	Statutes, is amended to read:
3062	753.01  Definitions.--As used in this chapter, the term:
3063	(3)  "Exchange monitoring" means supervision of movement of
3064	a child from one parent the custodial to the other noncustodial
3065	parent at the start of the visit and back to the first custodial
3066	parent at the end of the visit.
3067	Section 38.  Subsection (1) of section 827.06, Florida
3068	Statutes, is amended to read:
3069	827.06  Nonsupport of dependents.--
3070	(1)  The Legislature finds that most noncustodial parents
3071	want to support their children and remain connected to their
3072	families. The Legislature also finds that while many
3073	noncustodial parents lack the financial resources and other
3074	skills necessary to provide that support, some parents willfully
3075	fail to provide support to their children even when they are
3076	aware of the obligation and have the ability to do so. The
3077	Legislature further finds that existing statutory provisions for
3078	civil enforcement of support have not proven sufficiently
3079	effective or efficient in gaining adequate support for all
3080	children. Recognizing that it is the public policy of this state
3081	that children shall be maintained primarily from the resources
3082	of their parents, thereby relieving, at least in part, the
3083	burden presently borne by the general citizenry through public
3084	assistance programs, it is the intent of the Legislature that
3085	the criminal penalties provided for in this section are to be
3086	pursued in all appropriate cases where civil enforcement has not
3087	resulted in payment.
3088	Section 39.  For the purpose of incorporating the amendment
3089	made by this act to section 741.30, Florida Statutes, in a
3090	reference thereto, paragraph (a) of subsection (3) of section
3091	61.1825, Florida Statutes, is reenacted to read:
3092	61.1825  State Case Registry.--
3093	(3)(a)  For the purpose of this section, a family violence
3094	indicator must be placed on a record when:
3095	1.  A party executes a sworn statement requesting that a
3096	family violence indicator be placed on that party's record which
3097	states that the party has reason to believe that release of
3098	information to the Federal Case Registry may result in physical
3099	or emotional harm to the party or the child; or
3100	2.  A temporary or final injunction for protection against
3101	domestic violence has been granted pursuant to s. 741.30(6), an
3102	injunction for protection against domestic violence has been
3103	issued by a court of a foreign state pursuant to s. 741.315, or
3104	a temporary or final injunction for protection against repeat
3105	violence has been granted pursuant to s. 784.046; or
3106	3.  The department has received information on a Title IV-D
3107	case from the Domestic Violence and Repeat Violence Injunction
3108	Statewide Verification System, established pursuant to s.
3109	784.046(8)(b), that a court has granted a party a domestic
3110	violence or repeat violence injunction.
3111	Section 40.  This act shall take effect October 1, 2008.

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