Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SB 2532

130592

CHAMBER ACTION

Senate

Comm: RCS

4/1/2008

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House



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The Committee on Children, Families, and Elder Affairs (Lynn)

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recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 1119-1136

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and insert:

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     Section 10.  Section 61.13002, Florida Statutes, is amended

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to read:

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     61.13002 Temporary time-sharing modification child custody

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and child support modification due to military service.--

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     (1) If a supplemental petition to modify or a motion for

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change of child custody modification of time-sharing and parental

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responsibility is filed during the time because a parent is

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activated, deployed, or temporarily assigned to military service

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and the parent's ability to continue as the primary caretaker of

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a minor child comply with time-sharing is materially affected as

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a result, the court may not issue an order or modify or amend a

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previous judgment or order that changes custody time-sharing as

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it existed on the date the parent was activated, deployed, or

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temporarily assigned to military service, except that a court may

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enter a temporary order to modify or amend custody time-sharing

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if there is clear and convincing evidence that the temporary

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modification or amendment is in the best interests of the child.

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When entering a temporary order under this section, the court

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shall consider and provide for, if feasible, contact between the

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military servicemember service member and his or her child,

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including, but not limited to, electronic communication by

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webcam, telephone, or other available means. The court shall also

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permit liberal time-sharing during periods of leave from military

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service, as it is in the child's best interests to maintain the

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parent-child bond during the parent's military service.

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     (2)  If a temporary order is issued under this section, the

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court shall reinstate the custody judgment or time-sharing order

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previously in effect upon the service member parent's return from

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active military service, deployment, or temporary assignment.

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     (3) If a temporary order is entered under this section, the

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court may address the issue of support for the child for whom

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time-sharing is temporarily modified by:

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     (a) Entering an order of temporary support from the service

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member to the other parent under s. 61.30;

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     (b) Requiring the service member to enroll the child as a

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military dependant with DEERs, TriCare, or other similar benefits

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available to military dependents as provided by the service

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member's branch of service and federal regulations; or

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     (c) Suspending, abating, or reducing the child support

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obligation of the non-service member until the custody judgment

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or time-share order previously in effect is reinstated.

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     (3) (4) This section does not apply to permanent change of

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station moves by military personnel, which shall be governed by

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s. 61.13001.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 19-22

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and insert:

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obsolete definitions; amending s. 61.13002, F.S.;

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providing for orders of temporary support for children

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whose time-sharing is temporarily modified due to a

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parent's military service; conforming provisions to

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changes in terminology; amending ss. 61.14, 61.181, and

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61.1827,

3/31/2008  2:49:00 PM     CF.CF.06229

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