Amendment
Bill No. CS/CS/SB 2532

Amendment No. 842309

CHAMBER ACTION
Senate		House
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1	Representative Frishe offered the following:
2
3	Amendment
4	Remove lines 605-1062 and insert:
5	(i)  The reasonable preference of the child, if the court
6	deems the child to be of sufficient intelligence, understanding,
7	and experience to express a preference.
8	(i)  The demonstrated knowledge, capacity, and disposition
9	of each parent to be informed of the circumstances of the minor
10	child, including, but not limited to, the child's friends,
11	teachers, medical care providers, daily activities, and favorite
12	things.
13	(j)  The demonstrated capacity and disposition of each
14	parent to provide a consistent routine for the child, such as
15	discipline, and daily schedules for homework, meals, and
16	bedtime.
17	(k)(j)  The demonstrated capacity of each parent to
18	communicate with and keep the other parent informed of issues
19	and activities regarding the minor child, and the willingness of
20	each parent to adopt a unified front on all major issues when
21	dealing with the child The willingness and ability of each
22	parent to facilitate and encourage a close and continuing
23	parent-child relationship between the child and the other
24	parent.
25	(l)(k)  Evidence of domestic violence, sexual violence,
26	child abuse, child abandonment, or child neglect, regardless of
27	whether a prior or pending action relating to those issues has
28	been brought that any party has knowingly provided false
29	information to the court regarding a domestic violence
30	proceeding pursuant to s. 741.30.
31	(m)(l)  Evidence that either parent has knowingly provided
32	false information to the court regarding any prior or pending
33	action regarding domestic violence, sexual violence, child
34	abuse, child abandonment, or child neglect of domestic violence
35	or child abuse.
36	(n)(m)  The particular parenting tasks customarily
37	performed by each parent and the division of parental
38	responsibilities before the institution of litigation and during
39	the pending litigation, including the extent to which parenting
40	responsibilities were undertaken by third parties Any other fact
41	considered by the court to be relevant.
42	(o)  The demonstrated capacity and disposition of each
43	parent to participate and be involved in the child's school and
44	extracurricular activities.
45	(p)  The demonstrated capacity and disposition of each
46	parent to maintain an environment for the child which is free
47	from substance abuse.
48	(q)  The capacity and disposition of each parent to protect
49	the child from the ongoing litigation as demonstrated by not
50	discussing the litigation with the child, not sharing documents
51	or electronic media related to the litigation with the child,
52	and refraining from disparaging comments about the other parent
53	to the child.
54	(r)  The developmental stages and needs of the child and
55	the demonstrated capacity and disposition of each parent to meet
56	the child's developmental needs.
57	(s)  Any other factor that is relevant to the determination
58	of a specific parenting plan, including the time-sharing
59	schedule.
60	(4)(a)  When a noncustodial parent who is ordered to pay
61	child support or alimony and who is awarded visitation rights
62	fails to pay child support or alimony, the custodial parent who
63	should have received the child support or alimony may shall not
64	refuse to honor the time-sharing schedule presently in effect
65	between the parents noncustodial parent's visitation rights.
66	(b)  When a custodial parent refuses to honor the other a
67	noncustodial parent's visitation rights under the time-sharing
68	schedule, the noncustodial parent whose time-sharing rights were
69	violated shall continue not fail to pay any ordered child
70	support or alimony.
71	(c)  When a custodial parent refuses to honor the time-
72	sharing schedule in the parenting plan a noncustodial parent's
73	or grandparent's visitation rights without proper cause, the
74	court:
75	1.  Shall, after calculating the amount of time-sharing
76	visitation improperly denied, award the noncustodial parent
77	denied time or grandparent a sufficient amount of extra time-
78	sharing visitation to compensate for the time-sharing missed,
79	and such time-sharing the noncustodial parent or grandparent,
80	which visitation shall be ordered as expeditiously as possible
81	in a manner consistent with the best interests of the child and
82	scheduled in a manner that is convenient for the parent person
83	deprived of time-sharing visitation. In ordering any makeup
84	time-sharing visitation, the court shall schedule such time-
85	sharing visitation in a manner that is consistent with the best
86	interests of the child or children and that is convenient for
87	the nonoffending noncustodial parent and at the expense of the
88	noncompliant parent. or grandparent. In addition, the court:
89	2.1.  May order the custodial parent who did not provide
90	time-sharing or did not properly exercise time-sharing under the
91	time-sharing schedule to pay reasonable court costs and
92	attorney's fees incurred by the nonoffending noncustodial parent
93	or grandparent to enforce the time-sharing schedule. their
94	visitation rights or make up improperly denied visitation;
95	3.2.  May order the custodial parent who did not provide
96	time-sharing or did not properly exercise time-sharing under the
97	time-sharing schedule to attend a the parenting course approved
98	by the judicial circuit.;
99	4.3.  May order the custodial parent who did not provide
100	time-sharing or did not properly exercise time-sharing under the
101	time-sharing schedule to do community service if the order will
102	not interfere with the welfare of the child.;
103	5.4.  May order the custodial parent who did not provide
104	time-sharing or did not properly exercise time-sharing under the
105	time-sharing schedule to have the financial burden of promoting
106	frequent and continuing contact when that the custodial parent
107	and child reside further than 60 miles from the other
108	noncustodial parent.;
109	6.5.  May award custody, rotating custody, or primary
110	residence to the noncustodial parent, upon the request of the
111	noncustodial parent who did not violate the time-sharing
112	schedule, modify the parenting plan if modification the award is
113	in the best interests of the child.; or
114	7.6.  May impose any other reasonable sanction as a result
115	of noncompliance.
116	(d)  A person who violates this subsection may be punished
117	by contempt of court or other remedies as the court deems
118	appropriate.
119	(5)  The court may make specific orders regarding the
120	parenting plan and time-sharing schedule for the care and
121	custody of the minor child as such orders relate to from the
122	circumstances of the parties and the nature of the case and are
123	is equitable and provide for child support in accordance with
124	the guidelines schedule in s. 61.30. An order for equal time-
125	sharing for award of shared parental responsibility of a minor
126	child does not preclude the court from entering an order for
127	child support of the child.
128	(6)  In any proceeding under this section, the court may
129	not deny shared parental responsibility and time-sharing,
130	custody, or visitation rights to a parent or grandparent solely
131	because that parent or grandparent is or is believed to be
132	infected with human immunodeficiency virus,; but the court may
133	condition such rights to require that parent in an order
134	approving the parenting plan upon the parent's or grandparent's
135	agreement to observe measures approved by the Centers for
136	Disease Control and Prevention of the United States Public
137	Health Service or by the Department of Health for preventing the
138	spread of human immunodeficiency virus to the child.
139	(7)  If the court orders that parental responsibility,
140	including visitation, be shared by both parents, the court may
141	not deny the noncustodial parent overnight contact and access to
142	or visitation with the child solely because of the age or sex of
143	the child.
144	(7)(8)(a)  Beginning July 1, 1997, Each party to any
145	paternity or support proceeding is required to file with the
146	tribunal as defined in s. 88.1011(22) and State Case Registry
147	upon entry of an order, and to update as appropriate,
148	information on location and identity of the party, including
149	social security number, residential and mailing addresses,
150	telephone number, driver's license number, and name, address,
151	and telephone number of employer. Beginning October 1, 1998,
152	Each party to any paternity or child support proceeding in a
153	non-Title IV-D case shall meet the above requirements for
154	updating the tribunal and State Case Registry.
155	(b)  Pursuant to the federal Personal Responsibility and
156	Work Opportunity Reconciliation Act of 1996, each party is
157	required to provide his or her social security number in
158	accordance with this section. Disclosure of social security
159	numbers obtained through this requirement shall be limited to
160	the purpose of administration of the Title IV-D program for
161	child support enforcement.
162	(c)  Beginning July 1, 1997, In any subsequent Title IV-D
163	child support enforcement action between the parties, upon
164	sufficient showing that diligent effort has been made to
165	ascertain the location of such a party, the court of competent
166	jurisdiction shall deem state due process requirements for
167	notice and service of process to be met with respect to the
168	party, upon delivery of written notice to the most recent
169	residential or employer address filed with the tribunal and
170	State Case Registry pursuant to paragraph (a). Beginning October
171	1, 1998, In any subsequent non-Title IV-D child support
172	enforcement action between the parties, the same requirements
173	for service shall apply.
174	(8)(9)  At the time an order for child support is entered,
175	each party is required to provide his or her social security
176	number and date of birth to the court, as well as the name, date
177	of birth, and social security number of each minor child that is
178	the subject of such child support order. Pursuant to the federal
179	Personal Responsibility and Work Opportunity Reconciliation Act
180	of 1996, each party is required to provide his or her social
181	security number in accordance with this section. All social
182	security numbers required by this section shall be provided by
183	the parties and maintained by the depository as a separate
184	attachment in the file. Disclosure of social security numbers
185	obtained through this requirement shall be limited to the
186	purpose of administration of the Title IV-D program for child
187	support enforcement.
188	Section 9.  Section 61.13001, Florida Statutes, is amended
189	to read:
190	61.13001  Parental relocation with a child.--
191	(1)  DEFINITIONS.--As used in this section, the term:
192	(a)  "Change of residence address" means the relocation of
193	a child to a principal residence more than 50 miles away from
194	his or her principal place of residence at the time of the entry
195	of the last order establishing or modifying the parenting plan
196	or the time-sharing schedule or both for designation of the
197	primary residential parent or the custody of the minor child,
198	unless the move places the principal residence of the minor
199	child less than 50 miles from either the nonresidential parent.
200	(b)  "Child" means any person who is under the jurisdiction
201	of a state court pursuant to the Uniform Child Custody
202	Jurisdiction and Enforcement Act or is the subject of any order
203	granting to a parent or other person any right to time-sharing,
204	residential care, kinship, or custody, or visitation as provided
205	under state law.
206	(c)  "Court" means the circuit court in an original
207	proceeding which has proper venue and jurisdiction in accordance
208	with the Uniform Child Custody Jurisdiction and Enforcement Act,
209	the circuit court in the county in which either parent and the
210	child reside, or the circuit court in which the original action
211	was adjudicated.
212	(d)  "Other person" means an individual who is not the
213	parent and who, by court order, maintains the primary residence
214	of a child or has visitation rights with a child.
215	(e)  "Parent" means any person so named by court order or
216	express written agreement that is subject to court enforcement
217	or a person reflected as a parent on a birth certificate and in
218	whose home a child maintains a primary or secondary residence.
219	(f)  "Person entitled to be the primary residential parent
220	of a child" means a person so designated by court order or by an
221	express written agreement that is subject to court enforcement
222	or a person seeking such a designation, or, when neither parent
223	has been designated as primary residential parent, the person
224	seeking to relocate with a child.
225	(g)  "Principal residence of a child" means the home of the
226	designated primary residential parent. For purposes of this
227	section only, when rotating custody is in effect, each parent
228	shall be considered to be the primary residential parent.
229	(f)(h)  "Relocation" means a change in the principal
230	residence of a child for a period of 60 consecutive days or more
231	but does not include a temporary absence from the principal
232	residence for purposes of vacation, education, or the provision
233	of health care for the child.
234	(2)  RELOCATION BY AGREEMENT.--
235	(a)  If the parents primary residential parent and the
236	other parent and every other person entitled to time-sharing
237	visitation with the child agree to the relocation of the child
238	child's principal residence, they may satisfy the requirements
239	of this section by signing a written agreement that:
240	1.  Reflects the consent to the relocation;
241	2.  Defines a time-sharing schedule the visitation rights
242	for the nonrelocating parent and any other persons who are
243	entitled to time-sharing visitation; and
244	3.  Describes, if necessary, any transportation
245	arrangements related to the visitation.
246	(b)  If there is an existing cause of action, judgment, or
247	decree of record pertaining to the child's primary residence or
248	a time-sharing schedule visitation, the parties shall seek
249	ratification of the agreement by court order without the
250	necessity of an evidentiary hearing unless a hearing is
251	requested, in writing, by one or more of the parties to the
252	agreement within 10 days after the date the agreement is filed
253	with the court. If a hearing is not timely requested, it shall
254	be presumed that the relocation is in the best interest of the
255	child and the court may ratify the agreement without an
256	evidentiary hearing.
257	(3)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an
258	agreement has been entered as described in subsection (2), a
259	parent who is entitled to time-sharing with primary residence of
260	the child shall notify the other parent, and every other person
261	entitled to time-sharing visitation with the child, of a
262	proposed relocation of the child's principal residence. The form
263	of notice shall be according to this section:
264	(a)  The parent seeking to relocate shall prepare a Notice
265	of Intent to Relocate. The following information must be
266	included with the Notice of Intent to Relocate and signed under
267	oath under penalty of perjury:
268	1.  A description of the location of the intended new
269	residence, including the state, city, and specific physical
270	address, if known.
271	2.  The mailing address of the intended new residence, if
272	not the same as the physical address, if known.
273	3.  The home telephone number of the intended new
274	residence, if known.
275	4.  The date of the intended move or proposed relocation.
276	5.  A detailed statement of the specific reasons for the
277	proposed relocation of the child. If one of the reasons is based
278	upon a job offer which has been reduced to writing, that written
279	job offer must be attached to the Notice of Intent to Relocate.
280	6.  A proposal for the revised postrelocation schedule of
281	time-sharing visitation together with a proposal for the
282	postrelocation transportation arrangements necessary to
283	effectuate time-sharing visitation with the child. Absent the
284	existence of a current, valid order abating, terminating, or
285	restricting visitation or other good cause predating the Notice
286	of Intent to Relocate, failure to comply with this provision
287	renders the Notice of Intent to Relocate legally insufficient.
288	7.  Substantially the following statement, in all capital
289	letters and in the same size type, or larger, as the type in the
290	remainder of the notice:
291
292	AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
293	FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
294	SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
295	OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
296	RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
297	THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
298	WITHOUT A HEARING.
299	8.  The mailing address of the parent or other person
300	seeking to relocate to which the objection filed under
301	subsection (5) to the Notice of Intent to Relocate should be
302	sent.
303
304	The contents of the Notice of Intent to Relocate are not
305	privileged. For purposes of encouraging amicable resolution of
306	the relocation issue, a copy of the Notice of Intent to Relocate
307	shall initially not be filed with the court but instead served
308	upon the nonrelocating parent, other person, and every other
309	person entitled to time-sharing visitation with the child, and
310	the original thereof shall be maintained by the parent or other
311	person seeking to relocate.
312	(b)  The parent seeking to relocate shall also prepare a
313	Certificate of Serving Filing Notice of Intent to Relocate. The
314	certificate shall certify the date that the Notice of Intent to
315	Relocate was served on the other parent and on every other
316	person entitled to time-sharing visitation with the child.
317	(c)  The Notice of Intent to Relocate, and the Certificate
318	of Serving Filing Notice of Intent to Relocate, shall be served
319	on the other parent and on every other person entitled to time-
320	sharing visitation with the child. If there is a pending court
321	action regarding the child, service of process may be according
322	to court rule. Otherwise, service of process shall be according
323	to chapters 48 and 49 or via certified mail, restricted
324	delivery, return receipt requested.
325	(d)  A person giving notice of a proposed relocation or
326	change of residence address under this section has a continuing
327	duty to provide current and updated information required by this
328	section when that information becomes known.
329	(e)  If the other parent and any other person entitled to
330	time-sharing visitation with the child fails to timely file an
331	objection, it shall be presumed that the relocation is in the
332	best interest of the child, the relocation shall be allowed, and
333	the court shall, absent good cause, enter an order, attaching a
334	copy of the Notice of Intent to Relocate, reflecting that the
335	order is entered as a result of the failure to object to the
336	Notice of Intent to Relocate, and adopting the time-sharing
337	visitation schedule and transportation arrangements contained in
338	the Notice of Intent to Relocate. The order may issue in an
339	expedited manner without the necessity of an evidentiary
340	hearing. If an objection is timely filed, the burden returns to
341	the parent or person seeking to relocate to initiate court
342	proceedings to obtain court permission to relocate before prior
343	to doing so.
344	(f)  The act of relocating the child after failure to
345	comply with the notice of intent to relocate procedure described
346	in this subsection subjects the party in violation thereof to
347	contempt and other proceedings to compel the return of the child
348	and may be taken into account by the court in any initial or
349	postjudgment action seeking a determination or modification of
350	the parenting plan or the time-sharing schedule, or both,
351	designation of the primary residential parent or of the
352	residence, custody, or visitation with the child as:
353	1.  A factor in making a determination regarding the
354	relocation of a child.
355	2.  A factor in determining whether the parenting plan or
356	the designation of the primary residential parent or the
357	residence, contact, access, visitation, or time-sharing schedule
358	arrangements should be modified.
359	3.  A basis for ordering the temporary or permanent return
360	of the child.
361	4.  Sufficient cause to order the parent or other person
362	seeking to relocate the child to pay reasonable expenses and
363	attorney's fees incurred by the party objecting to the
364	relocation.
365	5.  Sufficient cause for the award of reasonable attorney's
366	fees and costs, including interim travel expenses incident to
367	time-sharing visitation or securing the return of the child.
368	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
369	other person seeking to relocate a child, or the child, is
370	entitled to prevent disclosure of location information under any
371	public records exemption applicable to that person, the court
372	may enter any order necessary to modify the disclosure
373	requirements of this section in compliance with the public
374	records exemption.
375	(5)  CONTENT OF OBJECTION TO RELOCATION.--An objection
376	seeking to prevent the relocation of a child must shall be
377	verified and served within 30 days after service of the Notice
378	of Intent to Relocate. The objection must shall include the
379	specific factual basis supporting the reasons for seeking a
380	prohibition of the relocation, including a statement of the
381	amount of participation or involvement the objecting party
382	currently has or has had in the life of the child.
383	(6)  TEMPORARY ORDER.--
384	(a)  The court may grant a temporary order restraining the
385	relocation of a child or ordering the return of the child, if a
386	relocation has previously taken place, or other appropriate
387	remedial relief, if the court finds:
388	1.  The required notice of a proposed relocation of a child
389	was not provided in a timely manner;
390	2.  The child already has been relocated without notice or
391	written agreement of the parties or without court approval; or
392	3.  From an examination of the evidence presented at the
393	preliminary hearing that there is a likelihood that upon final
394	hearing the court will not approve the relocation of the primary
395	residence of the child.
396	(b)  The court may grant a temporary order permitting the
397	relocation of the child pending final hearing, if the court:
398	1.  Finds that the required Notice of Intent to Relocate
399	was provided in a timely manner; and
400	2.  Finds from an examination of the evidence presented at
401	the preliminary hearing that there is a likelihood that on final
402	hearing the court will approve the relocation of the primary
403	residence of the child, which findings must be supported by the
404	same factual basis as would be necessary to support the
405	permitting of relocation in a final judgment.
406	(c)  If the court has issued a temporary order authorizing
407	a party seeking to relocate or move a child before a final
408	judgment is rendered, the court may not give any weight to the
409	temporary relocation as a factor in reaching its final decision.
410	(d)  If temporary relocation of a child is permitted, the
411	court may require the person relocating the child to provide
412	reasonable security, financial or otherwise, and guarantee that
413	the court-ordered contact with the child will not be interrupted
414	or interfered with by the relocating party.
415	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
416	RELOCATION.--A No presumption does not shall arise in favor of
417	or against a request to relocate with the child when a primary
418	residential parent seeks to move the child and the move will
419	materially affect the current schedule of contact, access, and
420	time-sharing with the nonrelocating parent or other person. In
421	reaching its decision regarding a proposed temporary or
422	permanent relocation, the court shall evaluate all of the
423	following factors:
424	(a)  The nature, quality, extent of involvement, and
425	duration of the child's relationship with the parent proposing
426	to relocate with the child and with the nonrelocating parent,
427	other persons, siblings, half-siblings, and other significant
428	persons in the child's life.
429	(b)  The age and developmental stage of the child, the
430	needs of the child, and the likely impact the relocation will
431	have on the child's physical, educational, and emotional
432	development, taking into consideration any special needs of the
433	child.
434	(c)  The feasibility of preserving the relationship between
435	the nonrelocating parent or other person and the child through
436	substitute arrangements that take into consideration the
437	logistics of contact, access, visitation, and time-sharing, as
438	well as the financial circumstances of the parties; whether
439	those factors are sufficient to foster a continuing meaningful
440	relationship between the child and the nonrelocating parent or
441	other person; and the likelihood of compliance with the
442	substitute arrangements by the relocating parent once he or she
443	is out of the jurisdiction of the court.
444	(d)  The child's preference, taking into consideration the
445	age and maturity of the child.
446	(d)(e)  Whether the relocation will enhance the general
447	quality of life for both the parent seeking the relocation and
448	the child, including, but not limited to, financial or emotional
449	benefits or educational opportunities.
450	(e)(f)  The reasons of each parent or other person for
451	seeking or opposing the relocation.
452	(f)(g)  The current employment and economic circumstances
453	of each parent or other person and whether or not the proposed
454	relocation is necessary to improve the economic circumstances of
455	the parent or other person seeking relocation of the child.
456	(g)(h)  That the relocation is sought in good faith and the
457	extent to which the objecting parent has fulfilled his or her
458	financial obligations to the parent or other person seeking
459	relocation, including child support, spousal support, and
460	marital property and marital debt obligations.
461	(h)(i)  The career and other opportunities available to the
462	objecting parent or objecting other person if the relocation
463	occurs.
464	(i)(j)  A history of substance abuse or domestic violence
465	as defined in s. 741.28 or which meets the criteria of s.
466	39.806(1)(d) by either parent, including a consideration of the
467	severity of such conduct and the failure or success of any
468	attempts at rehabilitation.
469	(j)(k)  Any other factor affecting the best interest of the
470

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