Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 2532
130592
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.