Florida Senate - 2008 SB 2532
By Senator Lynn
7-03762A-08 20082532__
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A bill to be entitled
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An act relating to child custody and support; providing a
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directive to the Division of Statutory Revision to retitle
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ch. 61, F.S.; amending s. 61.046, F.S.; defining the terms
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"parenting plan," "parenting plan recommendation," and
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"time-sharing schedule"; deleting definitions of the terms
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"custodial parent" and "noncustodial parent"; amending ss.
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changes in terminology; repealing s. 61.121, F.S.,
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relating to rotating custody; amending s. 61.122, F.S.;
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conforming provisions to changes in terminology; revising
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provisions relating to a presumption of good faith for
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psychologists making specified determinations; amending s.
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61.13, F.S.; revising provisions relating to modification
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of support; conforming provisions to changes in
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terminology; revising provisions relating to development
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of a parenting plan; amending s. 61.13001, F.S.;
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conforming provisions to changes in terminology; deleting
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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 custody is temporarily modified due to a parent's
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F.S.; conforming provisions to changes in terminology;
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conforming a cross-reference; amending s. 61.20, F.S.;
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conforming provisions to changes in terminology; revising
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provisions relating to social investigation and
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recommendations regarding a parenting plan; amending s.
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61.21, F.S.; conforming provisions to changes in
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terminology; amending s. 61.30, F.S.; conforming
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provisions to changes in terminology; revising the child
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support guidelines schedule; revising provisions relating
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to determining of total minimum child support need and
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total minimum child support award; providing for
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adjustments of child support in light of the time-sharing
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F.S.; conforming provisions to changes in terminology;
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amending s. 409.2563, F.S.; conforming provisions to
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changes in terminology; revising provisions relating to
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presumption of a parent's income for the purpose of
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establishing a support obligation; deleting an obsolete
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provision concerning a study by the Office of Program
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Policy Analysis and Government Accountability; amending
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conforming provisions to changes in terminology; amending
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s. 409.2579, F.S.; conforming a cross-reference; amending
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and 445.024, F.S.; conforming provisions to changes in
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terminology; amending s. 741.0306, F.S.; revising
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requirements for a family law handbook; conforming
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provisions to changes in terminology; amending s. 741.30,
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F.S.; conforming provisions to changes in terminology;
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amending s. 742.031, F.S.; conforming provisions to
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changes in terminology; providing for time-sharing and
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parental responsibility in paternity judgments; amending
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changes in terminology; reenacting s. 61.1825(3)(a), F.S.,
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relating to relating to the State Case Registry, to
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incorporate the amendments made to s. 741.30, F.S., in a
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reference thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. The Division of Statutory Revision is directed
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to redesignate chapter 61, Florida Statutes, as "Dissolution of
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Marriage; Support; Time-sharing."
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Section 2. Section 61.046, Florida Statutes, is amended to
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read:
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61.046 Definitions.--As used in this chapter:
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(1) "Business day" means any day other than a Saturday,
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Sunday, or legal holiday.
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(2) "Clerk of Court Child Support Collection System" or
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"CLERC System" means the automated system established pursuant to
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s. 61.181(2)(b)1., integrating all clerks of court and
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depositories and through which payment data and State Case
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Registry data is transmitted to the department's automated child
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support enforcement system.
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(3) "Custodial parent" or "primary residential parent"
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means the parent with whom the child maintains his or her primary
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residence.
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(3)(4) "Department" means the Department of Revenue.
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(4)(5) "Depository" means the central governmental
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depository established pursuant to s. 61.181, created by special
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act of the Legislature or other entity established before June 1,
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1985, to perform depository functions and to receive, record,
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report, disburse, monitor, and otherwise handle alimony and child
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support payments not otherwise required to be processed by the
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State Disbursement Unit.
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(5)(6) "Electronic communication" means contact, other than
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face-to-face contact, facilitated by tools such as telephones,
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electronic mail or e-mail, webcams, video-conferencing equipment
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and software or other wired or wireless technologies, or other
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means of communication to supplement face-to-face contact between
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a parent and that parent's minor child.
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(6)(7) "Federal Case Registry of Child Support Orders"
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means the automated registry of support order abstracts and other
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information established and maintained by the United States
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Department of Health and Human Services as provided by 42 U.S.C.
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s. 653(h).
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(7)(8) "Income" means any form of payment to an individual,
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regardless of source, including, but not limited to: wages,
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salary, commissions and bonuses, compensation as an independent
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contractor, worker's compensation, disability benefits, annuity
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and retirement benefits, pensions, dividends, interest,
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royalties, trusts, and any other payments, made by any person,
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private entity, federal or state government, or any unit of local
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government. United States Department of Veterans Affairs
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disability benefits and unemployment compensation, as defined in
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chapter 443, are excluded from this definition of income except
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for purposes of establishing an amount of support.
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(8)(9) "IV-D" means services provided pursuant to Title IV-
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D of the Social Security Act, 42 U.S.C. ss. 651 et seq.
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(9)(10) "Local officer" means an elected or appointed
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constitutional or charter government official including, but not
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limited to, the state attorney and clerk of the circuit court.
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(10)(11) "National medical support notice" means the notice
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required under 42 U.S.C. s. 666(a)(19).
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(12) "Noncustodial parent" means the parent with whom the
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child does not maintain his or her primary residence.
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(11)(13) "Obligee" means the person to whom payments are
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made pursuant to an order establishing, enforcing, or modifying
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an obligation for alimony, for child support, or for alimony and
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child support.
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(12)(14) "Obligor" means a person responsible for making
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payments pursuant to an order establishing, enforcing, or
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modifying an obligation for alimony, for child support, or for
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alimony and child support.
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(13) "Parenting plan" means a document created to govern
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the relationship between the parties relating to the decisions
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that must be made regarding the minor child and shall contain a
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time-sharing schedule for the parents and child. The issues
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concerning the minor child may include, but are not limited to,
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the child's education, health care, and physical, social, and
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emotional well-being. In creating the plan, all circumstances
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between the parties, including the parties' historic
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relationship, domestic violence, and other factors must be taken
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into consideration. The parenting plan shall be developed and
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agreed to by the parents and approved by a court or, if the
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parents cannot agree, established by the court.
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(a) Any parenting plan formulated under this chapter must
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address all jurisdictional issues, including, but not limited to,
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the Uniform Child Custody Jurisdiction and Enforcement Act, part
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II of this chapter, the International Child Abduction Remedies
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Act, 42 U.S.C. ss. 11601 et seq., the Parental Kidnapping
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Prevention Act, and the Convention on the Civil Aspects of
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International Child Abduction enacted at the Hague on October 25,
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1980.
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(b) For purposes of the application of the Uniform Child
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Custody Jurisdiction and Enforcement Act, part II of this
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chapter, a judgment or order incorporating a parenting plan under
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this part is a child custody determination under part II of this
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chapter.
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(c) For purposes of the International Child Abduction
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Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
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the Civil Aspects of International Child Abduction, enacted at
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the Hague on October 25, 1980, rights of custody shall be
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determined under the parenting plan under this part.
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(14) "Parenting plan recommendation" means a nonbinding
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recommendation made by a licensed mental health professional or
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any other individual designated by a court under s. 61.20
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concerning the parenting plan.
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(15) "Payor" means an employer or former employer or any
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other person or agency providing or administering income to the
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obligor.
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(16) "Shared parental responsibility" means a court-ordered
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relationship in which both parents retain full parental rights
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and responsibilities with respect to their child and in which
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both parents confer with each other so that major decisions
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affecting the welfare of the child will be determined jointly.
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(17) "Sole parental responsibility" means a court-ordered
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relationship in which one parent makes decisions regarding the
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minor child.
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(18) "State Case Registry" means the automated registry
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maintained by the Title IV-D agency, containing records of each
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Title IV-D case and of each support order established or modified
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in the state on or after October 1, 1998. Such records shall
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consist of data elements as required by the United States
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Secretary of Health and Human Services.
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(19) "State Disbursement Unit" means the unit established
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and operated by the Title IV-D agency to provide one central
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address for collection and disbursement of child support payments
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made in cases enforced by the department pursuant to Title IV-D
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of the Social Security Act and in cases not being enforced by the
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department in which the support order was initially issued in
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this state on or after January 1, 1994, and in which the
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obligor's child support obligation is being paid through income
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deduction order.
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(20) "Support order" means a judgment, decree, or order,
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whether temporary or final, issued by a court of competent
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jurisdiction or administrative agency for the support and
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maintenance of a child which provides for monetary support,
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health care, arrearages, or past support. When the child support
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obligation is being enforced by the Department of Revenue, the
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term "support order" also means a judgment, decree, or order,
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whether temporary or final, issued by a court of competent
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jurisdiction for the support and maintenance of a child and the
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spouse or former spouse of the obligor with whom the child is
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living which provides for monetary support, health care,
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arrearages, or past support.
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(21) "Support," unless otherwise specified, means:
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(a) Child support and, when the child support obligation is
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being enforced by the Department of Revenue, spousal support or
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alimony for the spouse or former spouse of the obligor with whom
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the child is living.
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(b) Child support only in cases not being enforced by the
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Department of Revenue.
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(22) "Time-sharing schedule" means a timetable that must be
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included in the parenting plan that specifies the time, including
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overnights and holidays, that a minor child will spend with each
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parent. If developed and agreed to by the parents of a minor
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child, it must be approved by the court. If the parents cannot
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agree, the schedule shall be established by the court.
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Section 3. Subsection (3) of section 61.052, Florida
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Statutes, is amended to read:
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61.052 Dissolution of marriage.--
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(3) During any period of continuance, the court may make
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appropriate orders for the support and alimony of the parties;
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the parenting plan primary residence, custody, rotating custody,
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visitation, support, maintenance, and education of the minor
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child of the marriage; attorney's fees; and the preservation of
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the property of the parties.
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Section 4. Section 61.09, Florida Statutes, is amended to
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read:
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61.09 Alimony and child support unconnected with
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dissolution.--If a person having the ability to contribute to the
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maintenance of his or her spouse and support of his or her minor
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child fails to do so, the spouse who is not receiving support or
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who has custody of the child or with whom the child has primary
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residence may apply to the court for alimony and for support for
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the child without seeking dissolution of marriage, and the court
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shall enter an order as it deems just and proper.
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Section 5. Section 61.10, Florida Statutes, is amended to
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read:
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61.10 Adjudication of obligation to support spouse or minor
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child unconnected with dissolution; parenting plan child custody,
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child's primary residence, and visitation.--Except when relief is
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afforded by some other pending civil action or proceeding, a
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spouse residing in this state apart from his or her spouse and
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minor child, whether or not such separation is through his or her
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fault, may obtain an adjudication of obligation to maintain the
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spouse and minor child, if any. The court shall adjudicate his or
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her financial obligations to the spouse and child and, shall
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establish the parenting plan for child's primary residence, and
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shall determine the custody and visitation rights of the parties.
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Such an action does not preclude either party from maintaining
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any other proceeding under this chapter for other or additional
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relief at any time.
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Section 6. Section 61.121, Florida Statutes, is repealed.
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Section 7. Section 61.122, Florida Statutes, is amended to
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read:
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61.122 Parenting plan recommendation Child custody
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evaluations; presumption of psychologist's good faith;
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prerequisite to parent's filing suit; award of fees, costs,
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reimbursement.--
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(1) A psychologist who has been appointed by the court to
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develop a parenting plan recommendation conduct a child custody
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evaluation in a dissolution of marriage, a case of domestic
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violence, or a paternity matter involving the relationship of a
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child and a parent, including time-sharing of children, judicial
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proceeding is presumed to be acting in good faith if the
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psychologist's recommendation evaluation has been reached under
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conducted pursuant to standards that a reasonable psychologist
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would use to develop a parenting plan recommendation have used as
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recommended by the American Psychological Association's
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guidelines for child custody evaluation in divorce proceedings.
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(2) An administrative complaint against a court-appointed
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psychologist which relates to a parenting plan recommendation
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child custody evaluation conducted by the psychologist may not be
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filed anonymously. The individual who files such an
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administrative complaint must include in the complaint his or her
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name, address, and telephone number.
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(3) A parent who desires wishes to file a legal action
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against a court-appointed psychologist who has acted in good
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faith in developing conducting a parenting plan recommendation
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child custody evaluation must petition the judge who presided
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over the dissolution of marriage, case of domestic violence, or
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paternity matter involving the relationship of a child and a
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parent, including time-sharing of children, child custody
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proceeding to appoint another psychologist. Upon the parent's
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showing of good cause, the court shall appoint another
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psychologist. The court shall determine make a determination as
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to who is responsible for all court costs and attorney's fees
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associated with making such an appointment.
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(4) If a legal action, whether it be a civil action, a
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criminal action, or an administrative proceeding, is filed
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against a court-appointed psychologist in a dissolution of
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marriage, case of domestic violence, or paternity matter
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involving the relationship of a child and a parent, including
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time-sharing of children child custody proceeding, the claimant
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is responsible for all reasonable costs and reasonable attorney's
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fees associated with the action for both parties if the
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psychologist is held not liable. If the psychologist is held
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liable in civil court, the psychologist must pay all reasonable
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costs and reasonable attorney's fees for the claimant.
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Section 8. Section 61.13, Florida Statutes, is amended to
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read:
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61.13 Custody and Support of children; parenting and time-
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sharing visitation rights; powers power of court in making
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orders.--
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(1)(a) In a proceeding under this chapter, the court may at
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any time order either or both parents who owe a duty of support
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to a child to pay support to the other parent or, in the case of
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both parents, to the person with custody in accordance with the
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child support guidelines schedule in s. 61.30. The court
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initially entering an order requiring one or both parents to make
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child support payments has shall have continuing jurisdiction
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after the entry of the initial order to modify the amount and
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terms and conditions of the child support payments when the
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modification is found necessary by the court in the best
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interests of the child, when the child reaches majority, or when
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there is a substantial change in the circumstances of the
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parties, when s. 743.07(2) applies, or when a child is
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emancipated, marries, joins the armed services, or dies. The
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court initially entering a child support order has shall also
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have continuing jurisdiction to require the obligee to report to
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the court on terms prescribed by the court regarding the
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disposition of the child support payments.
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(b) Each order for support shall contain a provision for
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health care coverage for the minor child when the coverage is
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reasonably available. Coverage is reasonably available if either
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the obligor or obligee has access at a reasonable rate to a group
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health plan. The court may require the obligor either to provide
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health care coverage or to reimburse the obligee for the cost of
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health care coverage for the minor child when coverage is
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provided by the obligee. In either event, the court shall
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apportion the cost of coverage, and any noncovered medical,
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dental, and prescription medication expenses of the child, to
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both parties by adding the cost to the basic obligation
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determined pursuant to s. 61.30(6). The court may order that
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payment of uncovered medical, dental, and prescription medication
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expenses of the minor child be made directly to the obligee on a
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percentage basis.
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1. In a non-Title IV-D case, a copy of the court order for
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health care coverage shall be served on the obligor's union or
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employer by the obligee when the following conditions are met:
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a. The obligor fails to provide written proof to the
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obligee within 30 days after receiving effective notice of the
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court order that the health care coverage has been obtained or
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that application for coverage has been made;
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b. The obligee serves written notice of intent to enforce
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an order for health care coverage on the obligor by mail at the
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obligor's last known address; and
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c. The obligor fails within 15 days after the mailing of
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the notice to provide written proof to the obligee that the
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health care coverage existed as of the date of mailing.
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2.a. A support order enforced under Title IV-D of the
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Social Security Act which requires that the obligor provide
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health care coverage is enforceable by the department through the
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use of the national medical support notice, and an amendment to
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the support order is not required. The department shall transfer
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the national medical support notice to the obligor's union or
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employer. The department shall notify the obligor in writing that
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the notice has been sent to the obligor's union or employer, and
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the written notification must include the obligor's rights and
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duties under the national medical support notice. The obligor may
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contest the withholding required by the national medical support
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notice based on a mistake of fact. To contest the withholding,
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the obligor must file a written notice of contest with the
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department within 15 business days after the date the obligor
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receives written notification of the national medical support
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notice from the department. Filing with the department is
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complete when the notice is received by the person designated by
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the department in the written notification. The notice of contest
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must be in the form prescribed by the department. Upon the timely
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filing of a notice of contest, the department shall, within 5
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business days, schedule an informal conference with the obligor
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to discuss the obligor's factual dispute. If the informal
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conference resolves the dispute to the obligor's satisfaction or
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if the obligor fails to attend the informal conference, the
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notice of contest is deemed withdrawn. If the informal conference
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does not resolve the dispute, the obligor may request an
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administrative hearing under chapter 120 within 5 business days
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after the termination of the informal conference, in a form and
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manner prescribed by the department. However, the filing of a
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notice of contest by the obligor does not delay the withholding
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of premium payments by the union, employer, or health plan
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administrator. The union, employer, or health plan administrator
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must implement the withholding as directed by the national
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medical support notice unless notified by the department that the
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national medical support notice is terminated.
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b. In a Title IV-D case, the department shall notify an
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obligor's union or employer if the obligation to provide health
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care coverage through that union or employer is terminated.
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3. In a non-Title IV-D case, upon receipt of the order
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pursuant to subparagraph 1., or upon application of the obligor
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pursuant to the order, the union or employer shall enroll the
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minor child as a beneficiary in the group health plan regardless
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of any restrictions on the enrollment period and withhold any
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required premium from the obligor's income. If more than one plan
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is offered by the union or employer, the child shall be enrolled
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in the group health plan in which the obligor is enrolled.
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4.a. Upon receipt of the national medical support notice
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under subparagraph 2. in a Title IV-D case, the union or employer
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shall transfer the notice to the appropriate group health plan
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administrator within 20 business days after the date on the
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notice. The plan administrator must enroll the child as a
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beneficiary in the group health plan regardless of any
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restrictions on the enrollment period, and the union or employer
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must withhold any required premium from the obligor's income upon
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notification by the plan administrator that the child is
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enrolled. The child shall be enrolled in the group health plan in
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which the obligor is enrolled. If the group health plan in which
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the obligor is enrolled is not available where the child resides
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or if the obligor is not enrolled in group coverage, the child
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shall be enrolled in the lowest cost group health plan that is
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available where the child resides.
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b. If health care coverage or the obligor's employment is
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terminated in a Title IV-D case, the union or employer that is
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withholding premiums for health care coverage under a national
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medical support notice must notify the department within 20 days
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after the termination and provide the obligor's last known
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address and the name and address of the obligor's new employer,
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if known.
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5.a. The amount withheld by a union or employer in
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compliance with a support order may not exceed the amount allowed
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under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C.
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s. 1673(b), as amended. The union or employer shall withhold the
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maximum allowed by the Consumer Credit Protection Act in the
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following order:
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(I) Current support, as ordered.
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(II) Premium payments for health care coverage, as ordered.
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(III) Past due support, as ordered.
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(IV) Other medical support or coverage, as ordered.
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b. If the combined amount to be withheld for current
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support plus the premium payment for health care coverage exceed
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the amount allowed under the Consumer Credit Protection Act, and
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the health care coverage cannot be obtained unless the full
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amount of the premium is paid, the union or employer may not
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withhold the premium payment. However, the union or employer
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shall withhold the maximum allowed in the following order:
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(I) Current support, as ordered.
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(II) Past due support, as ordered.
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(III) Other medical support or coverage, as ordered.
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6. An employer, union, or plan administrator who does not
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comply with the requirements in sub-subparagraph 4.a. is subject
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to a civil penalty not to exceed $250 for the first violation and
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$500 for subsequent violations, plus attorney's fees and costs.
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The department may file a petition in circuit court to enforce
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the requirements of this subparagraph subsection.
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7. The department may adopt rules to administer the child
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support enforcement provisions of this section that affect Title
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IV-D cases.
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(c) To the extent necessary to protect an award of child
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support, the court may order the obligor to purchase or maintain
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a life insurance policy or a bond, or to otherwise secure the
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child support award with any other assets which may be suitable
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for that purpose.
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(d)1. Unless the provisions of subparagraph 3. apply, all
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child support orders entered on or after January 1, 1985, shall
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direct that the payments of child support be made as provided in
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s. 61.181 through the depository in the county where the court is
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located. All child support orders shall provide the full name and
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date of birth of each minor child who is the subject of the child
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support order.
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2. Unless the provisions of subparagraph 3. apply, all
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child support orders entered before January 1, 1985, shall be
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modified by the court to direct that payments of child support
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shall be made through the depository in the county where the
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court is located upon the subsequent appearance of either or both
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parents to modify or enforce the order, or in any related
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proceeding.
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3. If both parties request and the court finds that it is
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in the best interest of the child, support payments need not be
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directed through the depository. The order of support shall
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provide, or shall be deemed to provide, that either party may
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subsequently apply to the depository to require direction of the
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payments through the depository. The court shall provide a copy
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of the order to the depository.
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4. If the parties elect not to require that support
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payments be made through the depository, any party may
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subsequently file an affidavit with the depository alleging a
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default in payment of child support and stating that the party
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wishes to require that payments be made through the depository.
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The party shall provide copies of the affidavit to the court and
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to each other party. Fifteen days after receipt of the affidavit,
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the depository shall notify both parties that future payments
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shall be paid through the depository.
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5. In IV-D cases, the IV-D agency shall have the same
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rights as the obligee in requesting that payments be made through
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the depository.
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(2)(a) The court shall have jurisdiction to approve, grant,
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or modify a parenting plan determine custody, notwithstanding
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that the child is not physically present in this state at the
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time of filing any proceeding under this chapter, if it appears
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to the court that the child was removed from this state for the
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primary purpose of removing the child from the jurisdiction of
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the court in an attempt to avoid the court's approval, creation,
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or modification of a parenting plan a determination or
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modification of custody.
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(b) Any parenting plan approved by the court must, at
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minimum, describe in adequate detail how the parents will share
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and be responsible for the daily tasks associated with the
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upbringing of the child, the time-sharing schedule arrangements
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that specify the time that the minor child will spend with each
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parent, a designation of who will be responsible for any and all
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forms of health care, school-related matters, other activities,
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and the methods and technologies that the parents will use to
497
communicate with the child.
498
(c)(b)1. The court shall determine all matters relating to
499
parenting and time-sharing custody of each minor child of the
500
parties in accordance with the best interests of the child and in
501
accordance with the Uniform Child Custody Jurisdiction and
502
Enforcement Act. It is the public policy of this state to assure
503
that each minor child has frequent and continuing contact with
504
both parents after the parents separate or the marriage of the
505
parties is dissolved and to encourage parents to share the rights
506
and responsibilities, and joys, of childrearing. There is no
507
presumption for or against After considering all relevant facts,
508
the father or mother of the child when creating or modifying the
509
parenting plan shall be given the same consideration as the
510
mother in determining the primary residence of a child
511
irrespective of the age or sex of the child.
512
2. The court shall order that the parental responsibility
513
for a minor child be shared by both parents unless the court
514
finds that shared parental responsibility would be detrimental to
515
the child. Evidence that a parent has been convicted of a felony
516
of the third degree or higher involving domestic violence, as
517
defined in s. 741.28 and chapter 775, or meets the criteria of s.
518
39.806(1)(d), creates a rebuttable presumption of detriment to
519
the child. If the presumption is not rebutted, shared parental
520
responsibility, including time-sharing with visitation, residence
521
of the child, and decisions made regarding the child, may not be
522
granted to the convicted parent. However, the convicted parent is
523
not relieved of any obligation to provide financial support. If
524
the court determines that shared parental responsibility would be
525
detrimental to the child, it may order sole parental
526
responsibility and make such arrangements for time-sharing as
527
specified in the parenting plan visitation as will best protect
528
the child or abused spouse from further harm. Whether or not
529
there is a conviction of any offense of domestic violence or
530
child abuse or the existence of an injunction for protection
531
against domestic violence, the court shall consider evidence of
532
domestic violence or child abuse as evidence of detriment to the
533
child.
534
a. In ordering shared parental responsibility, the court
535
may consider the expressed desires of the parents and may grant
536
to one party the ultimate responsibility over specific aspects of
537
the child's welfare or may divide those responsibilities between
538
the parties based on the best interests of the child. Areas of
539
responsibility may include primary residence, education, health
540
care medical and dental care, and any other responsibilities that
541
the court finds unique to a particular family.
542
b. The court shall order "sole parental responsibility for
543
a minor child to one parent, with or without time-sharing with
544
visitation rights, to the other parent" when it is in the best
545
interests of" the minor child.
546
3. Access to records and information pertaining to a minor
547
child, including, but not limited to, medical, dental, and school
548
records, may not be denied to either a parent because the parent
549
is not the child's primary residential parent. Full rights under
550
this subparagraph apply to either parent unless a court order
551
specifically revokes these rights, including any restrictions on
552
these rights as provided in a domestic violence injunction. A
553
parent having rights under this subparagraph has the same rights
554
upon request as to form, substance, and manner of access as are
555
available to the other parent of a child, including, without
556
limitation, the right to in-person communication with medical,
557
dental, and education providers.
558
(d)(c) The circuit court in the county in which either
559
parent and the child reside or the circuit court in which the
560
original order approving or creating the parenting plan award of
561
custody was entered has have jurisdiction to modify the parenting
562
plan an award of child custody. The court may change the venue in
563
accordance with s. 47.122.
564
(3) For purposes of establishing or modifying parental
565
responsibility and creating, developing, approving, or modifying
566
a parenting plan, including a time-sharing schedule, which
567
governs each parent's relationship with his or her minor child
568
and the relationship between each parent with regard to his or
569
her minor child, the best interest of the child shall be the
570
primary consideration. There shall be no presumption for or
571
against either parent when establishing, creating, developing,
572
approving, or modifying the parenting plan, including the time-
573
sharing schedule, as well as determining decisionmaking,
574
regardless of the age or sex of the child, giving due
575
consideration to the developmental needs of the child. The
576
parenting plan must be in the best interests of the minor child,
577
and evidence that a parent has been convicted of a felony of the
578
third degree or higher involving domestic violence, as defined in
579
s. 741.28 or chapter 775, or meets the criteria of s.
580
39.806(1)(d), creates a rebuttable presumption of detriment to
581
the child. If the presumption is not rebutted, the time-sharing
582
with the child and decisions made regarding the child may not be
583
granted to the convicted parent. Otherwise, determination of the
584
best interests of the child shall be made by evaluating all of
585
the factors affecting the welfare and interests of the minor
586
child, including, but not limited to:
587
(a) The demonstrated capacity and disposition of each
588
parent to facilitate and encourage a close and continuing parent-
589
child relationship, to honor the time-sharing schedule, and to be
590
reasonable when changes are required.
591
(b) The anticipated division of parental responsibilities
592
after the litigation, including the extent to which parental
593
responsibilities will be delegated to third parties.
594
(c) The demonstrated capacity and disposition of each
595
parent to determine, consider, and act upon the needs of the
596
child as opposed to the needs or desires of the parent. shared
597
parental responsibility and primary residence, the best interests
598
of the child shall include an evaluation of all factors affecting
599
the welfare and interests of the child, including, but not
600
limited to:
601
(a) The parent who is more likely to allow the child
602
frequent and continuing contact with the nonresidential parent.
603
(b) The love, affection, and other emotional ties existing
604
between the parents and the child.
605
(c) The capacity and disposition of the parents to provide
606
the child with food, clothing, medical care or other remedial
607
care recognized and permitted under the laws of this state in
608
lieu of medical care, and other material needs.
609
(d) The length of time the child has lived in a stable,
610
satisfactory environment and the desirability of maintaining
611
continuity.
612
(e) The geographic viability of the parenting plan, with
613
special attention paid to the needs of school-age children and
614
the amount of time to be spent traveling to effectuate the
615
parenting plan. This factor does not create a presumption for or
616
against relocation of either parent with a child The permanence,
617
as a family unit, of the existing or proposed custodial home.
618
(f) The moral fitness of the parents.
619
(g) The mental and physical health of the parents.
620
(h) The demonstrated knowledge, capacity, and disposition
621
of each parent to be informed of the circumstances of the minor
622
child, including, but not limited to, the child's friends,
623
teachers, medical care providers, daily activities, and favorite
624
things The home, school, and community record of the child.
625
(i) The demonstrated capacity and disposition of each
626
parent to provide a consistent routine for the child, such as
627
discipline, and daily schedules for homework, meals, and bedtime
628
The reasonable preference of the child, if the court deems the
629
child to be of sufficient intelligence, understanding, and
630
experience to express a preference.
631
(j) The demonstrated capacity of each parent to communicate
632
with the other parent and keep the other parent informed of
633
issues and activities regarding the minor child, and the
634
willingness of each parent to adopt a unified front on all major
635
issues when dealing with the child The willingness and ability of
636
each parent to facilitate and encourage a close and continuing
637
parent-child relationship between the child and the other parent.
638
(k) Evidence of domestic violence, sexual violence, child
639
abuse, child abandonment, or child neglect, regardless of whether
640
a prior or pending action regarding those issues has been brought
641
that any party has knowingly provided false information to the
642
court regarding a domestic violence proceeding pursuant to s.
643
644
(l) Evidence that either parent has knowingly provided
645
false information to the court regarding any prior or pending
646
action regarding domestic violence, sexual violence, child abuse,
647
child abandonment, or child neglect of domestic violence or child
648
abuse.
649
(m) The particular parenting tasks customarily performed by
650
each parent and the division of parental responsibilities before
651
the institution of litigations and during the pending litigation,
652
including the extent to which parenting responsibilities were
653
undertaken by third parties Any other fact considered by the
654
court to be relevant.
655
(n) The demonstrated capacity and disposition of each
656
parent to participate and be involved in the child's school and
657
extracurricular activities.
658
(o) The demonstrated capacity and disposition of each
659
parent to maintain an environment for the child which is free
660
from substance abuse.
661
(p) The capacity and disposition of each parent to protect
662
the child from the ongoing litigation as demonstrated by not
663
discussing the litigation with the child, not sharing documents
664
or electronic media related to the litigation with the child, and
665
refraining from disparaging comments about the other parent to
666
the child.
667
(q) The developmental stages and needs of the child and the
668
demonstrated capacity and disposition of each parent to meet the
669
child's developmental needs.
670
(r) Any other factor that is relevant to the determination
671
of a specific parenting plan, including the time-sharing
672
schedule.
673
(4)(a) When a noncustodial parent who is ordered to pay
674
child support or alimony and who is awarded visitation rights
675
fails to pay child support or alimony, the custodial parent who
676
should have received the child support or alimony may shall not
677
refuse to honor the time-sharing schedule presently in effect
678
between the parents noncustodial parent's visitation rights.
679
(b) When a custodial parent refuses to honor the other a
680
noncustodial parent's visitation rights under the time-sharing
681
schedule, the noncustodial parent whose time-sharing rights were
682
not violated shall continue not fail to pay any ordered child
683
support or alimony.
684
(c) When a custodial parent refuses to honor the time-
685
sharing schedule in the parenting plan a noncustodial parent's or
686
grandparent's visitation rights without proper cause, the court:
687
1. Shall, after calculating the amount of time-sharing
688
visitation improperly denied, award the noncustodial parent
689
denied time or grandparent a sufficient amount of extra time-
690
sharing visitation to compensate for the time-sharing missed, and
691
such time-sharing the noncustodial parent or grandparent, which
692
visitation shall be ordered as expeditiously as possible in a
693
manner consistent with the best interests of the child and
694
scheduled in a manner that is convenient for the parent person
695
deprived of time-sharing visitation. In ordering any makeup time-
696
sharing visitation, the court shall schedule such time-sharing
697
visitation in a manner that is consistent with the best interests
698
of the child or children and that is convenient for the
699
nonoffending noncustodial parent and at the expense of the
700
noncompliant parent. or grandparent. In addition, the court:
701
2.1. May order the custodial parent who did not provide
702
time-sharing or did not properly exercise time-sharing under the
703
time-sharing schedule to pay reasonable court costs and
704
attorney's fees incurred by the nonoffending noncustodial parent
705
or grandparent to enforce the time-sharing schedule. their
706
visitation rights or make up improperly denied visitation;
707
3.2. May order the custodial parent who did not provide
708
time-sharing or did not properly exercise time-sharing under the
709
time-sharing schedule to attend a the parenting course approved
710
by the judicial circuit.;
711
4.3. May order the custodial parent who did not provide
712
time-sharing or did not properly exercise time-sharing under the
713
time-sharing schedule to do community service if the order will
714
not interfere with the welfare of the child.;
715
5.4. May order the custodial parent who did not provide
716
time-sharing or did not properly exercise time-sharing under the
717
time-sharing schedule to have the financial burden of promoting
718
frequent and continuing contact when that the custodial parent
719
and child reside further than 60 miles from the other
720
noncustodial parent.;
721
6.5. May award custody, rotating custody, or primary
722
residence to the noncustodial parent, upon the request of the
723
noncustodial parent who did not violate the time-sharing
724
schedule, modify the parenting plan if modification the award is
725
in the best interests of the child.; or
726
7.6. May impose any other reasonable sanction as a result
727
of noncompliance.
728
(d) A person who violates this subsection may be punished
729
by contempt of court or other remedies as the court deems
730
appropriate.
731
(5) The court may make specific orders regarding the
732
parenting plan and time-sharing schedule for the care and custody
733
of the minor child as such orders relate to from the
734
circumstances of the parties and the nature of the case and are
735
is equitable and provide for child support in accordance with the
736
guidelines schedule in s. 61.30. An order for equal time-sharing
737
for award of shared parental responsibility of a minor child does
738
not preclude the court from entering an order for child support
739
of the child.
740
(6) In any proceeding under this section, the court may not
741
deny shared parental responsibility and time-sharing, custody, or
742
visitation rights to a parent or grandparent solely because that
743
parent or grandparent is or is believed to be infected with human
744
immunodeficiency virus,; but the court may condition such rights
745
to require that parent in an order approving the parenting plan
746
upon the parent's or grandparent's agreement to observe measures
747
approved by the Centers for Disease Control and Prevention of the
748
United States Public Health Service or by the Department of
749
Health for preventing the spread of human immunodeficiency virus
750
to the child.
751
(7) If the court orders that parental responsibility,
752
including visitation, be shared by both parents, the court may
753
not deny the noncustodial parent overnight contact and access to
754
or visitation with the child solely because of the age or sex of
755
the child.
756
(7)(8)(a) Beginning July 1, 1997, Each party to any
757
paternity or support proceeding is required to file with the
758
tribunal as defined in s. 88.1011(22) and State Case Registry
759
upon entry of an order, and to update as appropriate, information
760
on location and identity of the party, including social security
761
number, residential and mailing addresses, telephone number,
762
driver's license number, and name, address, and telephone number
763
of employer. Beginning October 1, 1998, Each party to any
764
paternity or child support proceeding in a non-Title IV-D case
765
shall meet the above requirements for updating the tribunal and
766
State Case Registry.
767
(b) Pursuant to the federal Personal Responsibility and
768
Work Opportunity Reconciliation Act of 1996, each party is
769
required to provide his or her social security number in
770
accordance with this section. Disclosure of social security
771
numbers obtained through this requirement shall be limited to the
772
purpose of administration of the Title IV-D program for child
773
support enforcement.
774
(c) Beginning July 1, 1997, In any subsequent Title IV-D
775
child support enforcement action between the parties, upon
776
sufficient showing that diligent effort has been made to
777
ascertain the location of such a party, the court of competent
778
jurisdiction shall deem state due process requirements for notice
779
and service of process to be met with respect to the party, upon
780
delivery of written notice to the most recent residential or
781
employer address filed with the tribunal and State Case Registry
782
pursuant to paragraph (a). Beginning October 1, 1998, In any
783
subsequent non-Title IV-D child support enforcement action
784
between the parties, the same requirements for service shall
785
apply.
786
(8)(9) At the time an order for child support is entered,
787
each party is required to provide his or her social security
788
number and date of birth to the court, as well as the name, date
789
of birth, and social security number of each minor child that is
790
the subject of such child support order. Pursuant to the federal
791
Personal Responsibility and Work Opportunity Reconciliation Act
792
of 1996, each party is required to provide his or her social
793
security number in accordance with this section. All social
794
security numbers required by this section shall be provided by
795
the parties and maintained by the depository as a separate
796
attachment in the file. Disclosure of social security numbers
797
obtained through this requirement shall be limited to the purpose
798
of administration of the Title IV-D program for child support
799
enforcement.
800
Section 9. Section 61.13001, Florida Statutes, is amended
801
to read:
802
61.13001 Parental relocation with a child.--
803
(1) DEFINITIONS.--As used in this section:
804
(a) "Change of residence address" means the relocation of a
805
child to a principal residence more than 50 miles away from his
806
or her principal place of residence at the time of the entry of
807
the last order establishing or modifying the parenting plan or
808
the time-sharing schedule or both for designation of the primary
809
residential parent or the custody of the minor child, unless the
810
move places the principal residence of the minor child less than
811
50 miles from either the nonresidential parent.
812
(b) "Child" means any person who is under the jurisdiction
813
of a state court pursuant to the Uniform Child Custody
814
Jurisdiction and Enforcement Act or is the subject of any order
815
granting to a parent or other person any right to time-sharing,
816
residential care, kinship, or custody, or visitation as provided
817
under state law.
818
(c) "Court" means the circuit court in an original
819
proceeding which has proper venue and jurisdiction in accordance
820
with the Uniform Child Custody Jurisdiction and Enforcement Act,
821
the circuit court in the county in which either parent and the
822
child reside, or the circuit court in which the original action
823
was adjudicated.
824
(d) "Other person" means an individual who is not the
825
parent and who, by court order, maintains the primary residence
826
of a child or has visitation rights with a child.
827
(e) "Parent" means any person so named by court order or
828
express written agreement that is subject to court enforcement or
829
a person reflected as a parent on a birth certificate and in
830
whose home a child maintains a primary or secondary residence.
831
(f) "Person entitled to be the primary residential parent
832
of a child" means a person so designated by court order or by an
833
express written agreement that is subject to court enforcement or
834
a person seeking such a designation, or, when neither parent has
835
been designated as primary residential parent, the person seeking
836
to relocate with a child.
837
(g) "Principal residence of a child" means the home of the
838
designated primary residential parent. For purposes of this
839
section only, when rotating custody is in effect, each parent
840
shall be considered to be the primary residential parent.
841
(f)(h) "Relocation" means a change in the principal
842
residence of a child for a period of 60 consecutive days or more
843
but does not include a temporary absence from the principal
844
residence for purposes of vacation, education, or the provision
845
of health care for the child.
846
(2) RELOCATION BY AGREEMENT.--
847
(a) If the parents primary residential parent and the other
848
parent and every other person entitled to time-sharing visitation
849
with the child agree to the relocation of the child child's
850
principal residence, they may satisfy the requirements of this
851
section by signing a written agreement that:
852
1. Reflects the consent to the relocation;
853
2. Defines a time-sharing schedule the visitation rights
854
for the nonrelocating parent and any other persons who are
855
entitled to time-sharing visitation; and
856
3. Describes, if necessary, any transportation arrangements
857
related to the visitation.
858
(b) If there is an existing cause of action, judgment, or
859
decree of record pertaining to the child's primary residence or a
860
time-sharing schedule visitation, the parties shall seek
861
ratification of the agreement by court order without the
862
necessity of an evidentiary hearing unless a hearing is
863
requested, in writing, by one or more of the parties to the
864
agreement within 10 days after the date the agreement is filed
865
with the court. If a hearing is not timely requested, it shall be
866
presumed that the relocation is in the best interest of the child
867
and the court may ratify the agreement without an evidentiary
868
hearing.
869
(3) NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an
870
agreement has been entered as described in subsection (2), a
871
parent who is entitled to time-sharing with primary residence of
872
the child shall notify the other parent, and every other person
873
entitled to time-sharing visitation with the child, of a proposed
874
relocation of the child's principal residence. The form of notice
875
shall be according to this section:
876
(a) The parent seeking to relocate shall prepare a Notice
877
of Intent to Relocate. The following information must be included
878
with the Notice of Intent to Relocate and signed under oath under
879
penalty of perjury:
880
1. A description of the location of the intended new
881
residence, including the state, city, and specific physical
882
address, if known.
883
2. The mailing address of the intended new residence, if
884
not the same as the physical address, if known.
885
3. The home telephone number of the intended new residence,
886
if known.
887
4. The date of the intended move or proposed relocation.
888
5. A detailed statement of the specific reasons for the
889
proposed relocation of the child. If one of the reasons is based
890
upon a job offer which has been reduced to writing, that written
891
job offer must be attached to the Notice of Intent to Relocate.
892
6. A proposal for the revised postrelocation schedule of
893
time-sharing visitation together with a proposal for the
894
postrelocation transportation arrangements necessary to
895
effectuate time-sharing visitation with the child. Absent the
896
existence of a current, valid order abating, terminating, or
897
restricting visitation or other good cause predating the Notice
898
of Intent to Relocate, failure to comply with this provision
899
renders the Notice of Intent to Relocate legally insufficient.
900
7. Substantially the following statement, in all capital
901
letters and in the same size type, or larger, as the type in the
902
remainder of the notice:
903
904
AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
905
FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
906
SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
907
OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
908
RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
909
THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
910
WITHOUT A HEARING.
911
8. The mailing address of the parent or other person
912
seeking to relocate to which the objection filed under subsection
913
(5) to the Notice of Intent to Relocate should be sent.
914
915
The contents of the Notice of Intent to Relocate are not
916
privileged. For purposes of encouraging amicable resolution of
917
the relocation issue, a copy of the Notice of Intent to Relocate
918
shall initially not be filed with the court but instead served
919
upon the nonrelocating parent, other person, and every other
920
person entitled to time-sharing visitation with the child, and
921
the original thereof shall be maintained by the parent or other
922
person seeking to relocate.
923
(b) The parent seeking to relocate shall also prepare a
924
Certificate of Serving Filing Notice of Intent to Relocate. The
925
certificate shall certify the date that the Notice of Intent to
926
Relocate was served on the other parent and on every other person
927
entitled to time-sharing visitation with the child.
928
(c) The Notice of Intent to Relocate, and the Certificate
929
of Serving Filing Notice of Intent to Relocate, shall be served
930
on the other parent and on every other person entitled to time-
931
sharing visitation with the child. If there is a pending court
932
action regarding the child, service of process may be according
933
to court rule. Otherwise, service of process shall be according
934
to chapters 48 and 49 or via certified mail, restricted delivery,
935
return receipt requested.
936
(d) A person giving notice of a proposed relocation or
937
change of residence address under this section has a continuing
938
duty to provide current and updated information required by this
939
section when that information becomes known.
940
(e) If the other parent and any other person entitled to
941
time-sharing visitation with the child fails to timely file an
942
objection, it shall be presumed that the relocation is in the
943
best interest of the child, the relocation shall be allowed, and
944
the court shall, absent good cause, enter an order, attaching a
945
copy of the Notice of Intent to Relocate, reflecting that the
946
order is entered as a result of the failure to object to the
947
Notice of Intent to Relocate, and adopting the time-sharing
948
visitation schedule and transportation arrangements contained in
949
the Notice of Intent to Relocate. The order may issue in an
950
expedited manner without the necessity of an evidentiary hearing.
951
If an objection is timely filed, the burden returns to the parent
952
or person seeking to relocate to initiate court proceedings to
953
obtain court permission to relocate before prior to doing so.
954
(f) The act of relocating the child after failure to comply
955
with the notice of intent to relocate procedure described in this
956
subsection subjects the party in violation thereof to contempt
957
and other proceedings to compel the return of the child and may
958
be taken into account by the court in any initial or postjudgment
959
action seeking a determination or modification of the parenting
960
plan or the time-sharing schedule, or both, designation of the
961
primary residential parent or of the residence, custody, or
962
visitation with the child as:
963
1. A factor in making a determination regarding the
964
relocation of a child.
965
2. A factor in determining whether the parenting plan or
966
the designation of the primary residential parent or the
967
residence, contact, access, visitation, or time-sharing schedule
968
arrangements should be modified.
969
3. A basis for ordering the temporary or permanent return
970
of the child.
971
4. Sufficient cause to order the parent or other person
972
seeking to relocate the child to pay reasonable expenses and
973
attorney's fees incurred by the party objecting to the
974
relocation.
975
5. Sufficient cause for the award of reasonable attorney's
976
fees and costs, including interim travel expenses incident to
977
time-sharing visitation or securing the return of the child.
978
(4) APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
979
other person seeking to relocate a child, or the child, is
980
entitled to prevent disclosure of location information under any
981
public records exemption applicable to that person, the court may
982
enter any order necessary to modify the disclosure requirements
983
of this section in compliance with the public records exemption.
984
(5) CONTENT OF OBJECTION TO RELOCATION.--An objection
985
seeking to prevent the relocation of a child must shall be
986
verified and served within 30 days after service of the Notice of
987
Intent to Relocate. The objection must shall include the specific
988
factual basis supporting the reasons for seeking a prohibition of
989
the relocation, including a statement of the amount of
990
participation or involvement the objecting party currently has or
991
has had in the life of the child.
992
(6) TEMPORARY ORDER.--
993
(a) The court may grant a temporary order restraining the
994
relocation of a child or ordering the return of the child, if a
995
relocation has previously taken place, or other appropriate
996
remedial relief, if the court finds:
997
1. The required notice of a proposed relocation of a child
998
was not provided in a timely manner;
999
2. The child already has been relocated without notice or
1000
written agreement of the parties or without court approval; or
1001
3. From an examination of the evidence presented at the
1002
preliminary hearing that there is a likelihood that upon final
1003
hearing the court will not approve the relocation of the primary
1004
residence of the child.
1005
(b) The court may grant a temporary order permitting the
1006
relocation of the child pending final hearing, if the court:
1007
1. Finds that the required Notice of Intent to Relocate was
1008
provided in a timely manner; and
1009
2. Finds from an examination of the evidence presented at
1010
the preliminary hearing that there is a likelihood that on final
1011
hearing the court will approve the relocation of the primary
1012
residence of the child, which findings must be supported by the
1013
same factual basis as would be necessary to support the
1014
permitting of relocation in a final judgment.
1015
(c) If the court has issued a temporary order authorizing a
1016
party seeking to relocate or move a child before a final judgment
1017
is rendered, the court may not give any weight to the temporary
1018
relocation as a factor in reaching its final decision.
1019
(d) If temporary relocation of a child is permitted, the
1020
court may require the person relocating the child to provide
1021
reasonable security, financial or otherwise, and guarantee that
1022
the court-ordered contact with the child will not be interrupted
1023
or interfered with by the relocating party.
1024
(7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
1025
RELOCATION.--A No presumption does not shall arise in favor of or
1026
against a request to relocate with the child when a primary
1027
residential parent seeks to move the child and the move will
1028
materially affect the current schedule of contact, access, and
1029
time-sharing with the nonrelocating parent or other person. In
1030
reaching its decision regarding a proposed temporary or permanent
1031
relocation, the court shall evaluate all of the following
1032
factors:
1033
(a) The nature, quality, extent of involvement, and
1034
duration of the child's relationship with the parent proposing to
1035
relocate with the child and with the nonrelocating parent, other
1036
persons, siblings, half-siblings, and other significant persons
1037
in the child's life.
1038
(b) The age and developmental stage of the child, the needs
1039
of the child, and the likely impact the relocation will have on
1040
the child's physical, educational, and emotional development,
1041
taking into consideration any special needs of the child.
1042
(c) The feasibility of preserving the relationship between
1043
the nonrelocating parent or other person and the child through
1044
substitute arrangements that take into consideration the
1045
logistics of contact, access, visitation, and time-sharing, as
1046
well as the financial circumstances of the parties; whether those
1047
factors are sufficient to foster a continuing meaningful
1048
relationship between the child and the nonrelocating parent or
1049
other person; and the likelihood of compliance with the
1050
substitute arrangements by the relocating parent once he or she
1051
is out of the jurisdiction of the court.
1052
(d) The child's preference, taking into consideration the
1053
age and maturity of the child.
1054
(e) Whether the relocation will enhance the general quality
1055
of life for both the parent seeking the relocation and the child,
1056
including, but not limited to, financial or emotional benefits or
1057
educational opportunities.
1058
(f) The reasons of each parent or other person for seeking
1059
or opposing the relocation.
1060
(g) The current employment and economic circumstances of
1061
each parent or other person and whether or not the proposed
1062
relocation is necessary to improve the economic circumstances of
1063
the parent or other person seeking relocation of the child.
1064
(h) That the relocation is sought in good faith and the
1065
extent to which the objecting parent has fulfilled his or her
1066
financial obligations to the parent or other person seeking
1067
relocation, including child support, spousal support, and marital
1068
property and marital debt obligations.
1069
(i) The career and other opportunities available to the
1070
objecting parent or objecting other person if the relocation
1071
occurs.
1072
(j) A history of substance abuse or domestic violence as
1073
defined in s. 741.28 or which meets the criteria of s.
1074
39.806(1)(d) by either parent, including a consideration of the
1075
severity of such conduct and the failure or success of any
1076
attempts at rehabilitation.
1077
(k) Any other factor affecting the best interest of the
1078
child or as set forth in s. 61.13.
1079
(9) ORDER REGARDING RELOCATION.--If relocation is
1080
permitted:
1081
(a) The court may, in its discretion, order contact with
1082
the nonrelocating parent, including access, visitation, time-
1083
sharing, telephone, Internet, webcam, and other arrangements
1084
sufficient to ensure that the child has frequent, continuing, and
1085
meaningful contact, access, visitation, and time-sharing with the
1086
nonrelocating parent or other persons, if contact is financially
1087
affordable and in the best interest of the child.
1088
(b) If applicable, the court shall specify how the
1089
transportation costs will be allocated between the parents and
1090
other persons entitled to contact, access, visitation, and time-
1091
sharing and may adjust the child support award, as appropriate,
1092
considering the costs of transportation and the respective net
1093
incomes of the parents in accordance with state child support
1094
guidelines schedule.
1095
(10) PRIORITY FOR HEARING OR TRIAL.--An evidentiary hearing
1096
or nonjury trial on a pleading seeking temporary or permanent
1097
relief filed under pursuant to this section shall be accorded
1098
priority on the court's calendar.
1099
(11) APPLICABILITY.--
1100
(a) The provisions of This section applies apply:
1101
1. To orders entered before October 1, 2006, if the
1102
existing order defining custody, primary residence, time-sharing,
1103
or visitation of or with the child does not expressly govern the
1104
relocation of the child.
1105
2. To an order, whether temporary or permanent, regarding
1106
the parenting plan, custody, primary residence, time-sharing, or
1107
visitation of or with the child entered on or after October 1,
1108
2006.
1109
3. To any relocation or proposed relocation, whether
1110
permanent or temporary, of a child during any proceeding pending
1111
on October 1, 2006, wherein the parenting plan, custody, primary
1112
residence, time-sharing, or visitation of or with the child is an
1113
issue.
1114
(b) To the extent that a provision of this section
1115
conflicts with an order existing on October 1, 2006, this section
1116
does not apply to the terms of that order which expressly govern
1117
relocation of the child or a change in the principal residence
1118
address of a parent.
1119
Section 10. Subsection (3) of section 61.13002, Florida
1120
Statutes, is renumbered as subsection (4), and a new subsection
1121
(3) is added to that section to read:
1122
61.13002 Temporary time-sharing modification child custody
1123
and child support modification due to military service.--
1124
(3) If a temporary order is entered under this section, the
1125
court may address the issue of support for the child for whom
1126
custody is temporarily modified by:
1127
(a) Entering an order of temporary support from the service
1128
member to the temporary custodial parent under s. 61.30;
1129
(b) Requiring the activated, deployed, or temporarily
1130
assigned service member to enroll the child as a military
1131
dependant with DEERs, TriCare, or other similar benefits
1132
available to military dependents as provided by the service
1133
member's branch of service and federal regulations; or
1134
(c) Suspending, abating, or reducing the child support
1135
obligation of the non-service member until the custody judgment
1136
or order previously in effect is reinstated.
1137
Section 11. Paragraph (a) of subsection (1) of section
1138
61.14, Florida Statutes, is amended to read:
1139
61.14 Enforcement and modification of support, maintenance,
1140
or alimony agreements or orders.--
1141
(1)(a) When the parties enter into an agreement for
1142
payments for, or instead of, support, maintenance, or alimony,
1143
whether in connection with a proceeding for dissolution or
1144
separate maintenance or with any voluntary property settlement,
1145
or when a party is required by court order to make any payments,
1146
and the circumstances or the financial ability of either party
1147
changes or the child who is a beneficiary of an agreement or
1148
court order as described herein reaches majority after the
1149
execution of the agreement or the rendition of the order, either
1150
party may apply to the circuit court of the circuit in which the
1151
parties, or either of them, resided at the date of the execution
1152
of the agreement or reside at the date of the application, or in
1153
which the agreement was executed or in which the order was
1154
rendered, for an order decreasing or increasing the amount of
1155
support, maintenance, or alimony, and the court has jurisdiction
1156
to make orders as equity requires, with due regard to the changed
1157
circumstances or the financial ability of the parties or the
1158
child, decreasing, increasing, or confirming the amount of
1159
separate support, maintenance, or alimony provided for in the
1160
agreement or order. A finding that medical insurance is
1161
reasonably available or the child support guidelines schedule in
1162
s. 61.30 may constitute changed circumstances. Except as
1163
otherwise provided in s. 61.30(11)(c), the court may modify an
1164
order of support, maintenance, or alimony by increasing or
1165
decreasing the support, maintenance, or alimony retroactively to
1166
the date of the filing of the action or supplemental action for
1167
modification as equity requires, giving due regard to the changed
1168
circumstances or the financial ability of the parties or the
1169
child.
1170
Section 12. Paragraph (d) of subsection (3) of section
1171
61.181, Florida Statutes, is amended to read:
1172
61.181 Depository for alimony transactions, support,
1173
maintenance, and support payments; fees.--
1174
(3)
1175
(d) When time-sharing custody of a child is relinquished by
1176
a custodial parent who is entitled to receive child support
1177
moneys from the depository to a licensed or registered long-term
1178
care child agency, that agency may request from the court an
1179
order directing child support payments that which would otherwise
1180
be distributed to the custodial parent be distributed to the
1181
agency for the period of time that custody of the child is with
1182
by the agency. Thereafter, payments shall be distributed to the
1183
agency as if the agency were the custodial parent until further
1184
order of the court.
1185
Section 13. Paragraphs (b) and (d) of subsection (1) of
1186
section 61.1827, Florida Statutes, are amended to read:
1187
61.1827 Identifying information concerning applicants for
1188
and recipients of child support services.--
1189
(1) Any information that reveals the identity of applicants
1190
for or recipients of child support services, including the name,
1191
address, and telephone number of such persons, held by a non-
1192
Title IV-D county child support enforcement agency is
1193
confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I
1194
of the State Constitution. The use or disclosure of such
1195
information by the non-Title IV-D county child support
1196
enforcement agency is limited to the purposes directly connected
1197
with:
1198
(b) Mandatory disclosure of identifying and location
1199
information as provided in s. 61.13(7)(8) by the non-Title IV-D
1200
county child support enforcement agency when providing non-Title
1201
IV-D services;
1202
(d) Disclosure to an authorized person, as defined in 45
1203
C.F.R. s. 303.15, for purposes of enforcing any state or federal
1204
law with respect to the unlawful taking or restraint of a child
1205
or making or enforcing a parenting plan child custody or
1206
visitation determination. As used in this paragraph, the term
1207
"authorized person" includes a noncustodial parent with whom the
1208
child does not currently reside, unless a court has entered an
1210
Section 14. Subsections (1) and (3) of section 61.20,
1211
Florida Statutes, are amended to read:
1212
61.20 Social investigation and recommendations regarding a
1213
parenting plan when child custody is in issue.--
1214
(1) In any action where the parenting plan custody of a
1215
minor child is at in issue because the parents are unable to
1216
agree, the court may order a social investigation and study
1217
concerning all pertinent details relating to the child and each
1218
parent when such an investigation has not been done and the study
1219
therefrom provided to the court by the parties or when the court
1220
determines that the investigation and study that have been done
1221
are insufficient. The agency, staff, or person conducting the
1222
investigation and study ordered by the court pursuant to this
1223
section shall furnish the court and all parties of record in the
1224
proceeding a written study containing recommendations, including
1225
a written statement of facts found in the social investigation on
1226
which the recommendations are based. The court may consider the
1227
information contained in the study in making a decision on the
1228
parenting plan child's custody and the technical rules of
1229
evidence do not exclude the study from consideration.
1230
(3) Except as to persons who obtain certification of
1231
indigence as specified in subsection (2), for whom no costs shall
1232
be incurred, the adult parties involved in a child custody
1233
proceeding to determine a parenting plan wherein the court has
1234
ordered the performance of a social investigation and study
1235
performed shall be responsible for the payment of the costs of
1236
such investigation and study. Upon submission of the study to the
1237
court, the agency, staff, or person performing the study shall
1238
include a bill for services, which shall be taxed and ordered
1239
paid as costs in the proceeding.
1240
Section 15. Paragraph (c) of subsection (1) and subsection
1241
(6) of section 61.21, Florida Statutes, are amended to read:
1242
61.21 Parenting course authorized; fees; required
1243
attendance authorized; contempt.--
1244
(1) LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of
1245
the Legislature that:
1246
(c) It has been found to be beneficial to parents who are
1247
separating or divorcing to have available an educational program
1248
that will provide general information regarding:
1249
1. The issues and legal procedures for resolving time-
1250
sharing custody and child support disputes.
1251
2. The emotional experiences and problems of divorcing
1252
adults.
1253
3. The family problems and the emotional concerns and needs
1254
of the children.
1255
4. The availability of community services and resources.
1256
(6) All parties to a modification of a final judgment
1257
involving a parenting plan or a time-sharing schedule shared
1258
parental responsibilities, custody, or visitation may be required
1259
to complete a court-approved parenting course prior to the entry
1260
of an order modifying the final judgment.
1261
Section 16. Section 61.30, Florida Statutes, is amended to
1262
read:
1263
61.30 Child support guidelines; retroactive child
1264
support.--
1265
(1)(a) The child support guideline amount as determined by
1266
this section presumptively establishes the amount the trier of
1267
fact shall order as child support in an initial proceeding for
1268
such support or in a proceeding for modification of an existing
1269
order for such support, whether the proceeding arises under this
1270
or another chapter. The trier of fact may order payment of child
1271
support which varies, plus or minus 5 percent, from the guideline
1272
amount, after considering all relevant factors, including the
1273
needs of the child or children, age, station in life, standard of
1274
living, and the financial status and ability of each parent. The
1275
trier of fact may order payment of child support in an amount
1276
which varies more than 5 percent from such guideline amount only
1277
upon a written finding explaining why ordering payment of such
1278
guideline amount would be unjust or inappropriate.
1279
Notwithstanding the variance limitations of this section, the
1280
trier of fact shall order payment of child support which varies
1281
from the guideline amount as provided in paragraph (11)(b)
1282
whenever any of the children are required by court order or
1283
mediation agreement to spend a substantial amount of time with
1284
either parent the primary and secondary residential parents. This
1285
requirement applies to any living arrangement, whether temporary
1286
or permanent.
1287
(b) The guidelines may provide the basis for proving a
1288
substantial change in circumstances upon which a modification of
1289
an existing order may be granted. However, the difference between
1290
the existing monthly obligation and the amount provided for under
1291
the guidelines shall be at least 15 percent or $50, whichever
1292
amount is greater, before the court may find that the guidelines
1293
provide a substantial change in circumstances.
1294
(c) For each support order reviewed by the department as
1295
required by s. 409.2564(11), if the amount of the child support
1296
award under the order differs by at least 10 percent but not less
1297
than $25 from the amount that would be awarded under s. 61.30,
1298
the department shall seek to have the order modified and any
1299
modification shall be made without a requirement for proof or
1300
showing of a change in circumstances.
1301
(2) Income shall be determined on a monthly basis for each
1302
parent the obligor and for the obligee as follows:
1303
(a) Gross income shall include, but is not limited to, the
1304
following items:
1305
1. Salary or wages.
1306
2. Bonuses, commissions, allowances, overtime, tips, and
1307
other similar payments.
1308
3. Business income from sources such as self-employment,
1309
partnership, close corporations, and independent contracts.
1310
"Business income" means gross receipts minus ordinary and
1311
necessary expenses required to produce income.
1312
4. Disability benefits.
1313
5. All workers' compensation benefits and settlements.
1314
6. Unemployment compensation.
1315
7. Pension, retirement, or annuity payments.
1316
8. Social security benefits.
1317
9. Spousal support received from a previous marriage or
1318
court ordered in the marriage before the court.
1319
10. Interest and dividends.
1320
11. Rental income, which is gross receipts minus ordinary
1321
and necessary expenses required to produce the income.
1322
12. Income from royalties, trusts, or estates.
1323
13. Reimbursed expenses or in kind payments to the extent
1324
that they reduce living expenses.
1325
14. Gains derived from dealings in property, unless the
1326
gain is nonrecurring.
1327
(b) Income on a monthly basis shall be imputed to an
1328
unemployed or underemployed parent when such employment or
1329
underemployment is found by the court to be voluntary on that
1330
parent's part, absent a finding of fact by the court of physical
1331
or mental incapacity or other circumstances over which the parent
1332
has no control. In the event of such voluntary unemployment or
1333
underemployment, the employment potential and probable earnings
1334
level of the parent shall be determined based upon his or her
1335
recent work history, occupational qualifications, and prevailing
1336
earnings level in the community as provided in this paragraph;
1337
however, the court may refuse to impute income to a primary
1338
residential parent if the court finds it necessary for the parent
1339
to stay home with the child who is the subject of a child support
1340
calculation.
1341
(c) Public assistance as defined in s. 409.2554 shall be
1342
excluded from gross income.
1343
(3) Net income is obtained by subtracting allowable
1344
deductions from gross income. Allowable deductions shall include:
1345
(a) Federal, state, and local income tax deductions,
1346
adjusted for actual filing status and allowable dependents and
1347
income tax liabilities.
1348
(b) Federal insurance contributions or self-employment tax.
1349
(c) Mandatory union dues.
1350
(d) Mandatory retirement payments.
1351
(e) Health insurance payments, excluding payments for
1352
coverage of the minor child.
1353
(f) Court-ordered support for other children which is
1354
actually paid.
1355
(g) Spousal support paid pursuant to a court order from a
1356
previous marriage or the marriage before the court.
1357
(4) Net income for each parent the obligor and net income
1358
for the obligee shall be computed by subtracting allowable
1359
deductions from gross income.
1360
(5) Net income for each parent the obligor and net income
1361
for the obligee shall be added together for a combined net
1362
income.
1363
(6) The following guidelines schedule schedules shall be
1364
applied to the combined net income to determine the minimum child
1365
support need:
1366
| Combined Monthly Net Available Income | Child or Children |
1367
| One | Two | Three | Four | Five | Six |
1368
| 650.00 | 74 | 75 | 75 | 76 | 77 | 78 |
1369
| 700.00 | 119 | 120 | 121 | 123 | 124 | 125 |
1370
| 750.00 | 164 | 166 | 167 | 169 | 171 | 173 |
1371
| 800.00 | 190 | 211 | 213 | 216 | 218 | 220 |
1372
| 850.00 | 202 | 257 | 259 | 262 | 265 | 268 |
1373
| 900.00 | 213 | 302 | 305 | 309 | 312 | 315 |
1374
| 950.00 | 224 | 347 | 351 | 355 | 359 | 363 |
1375
| 1000.00 | 235 | 365 | 397 | 402 | 406 | 410 |
1376
| 1050.00 | 246 | 382 | 443 | 448 | 453 | 458 |
1377
| 1100.00 | 258 | 400 | 489 | 495 | 500 | 505 |
1378
| 1150.00 | 269 | 417 | 522 | 541 | 547 | 553 |
1379
| 1200.00 | 280 | 435 | 544 | 588 | 594 | 600 |
1380
| 1250.00 | 290 | 451 | 565 | 634 | 641 | 648 |
1381
| 1300.00 | 300 | 467 | 584 | 659 | 688 | 695 |
1382
| 1350.00 | 310 | 482 | 603 | 681 | 735 | 743 |
1383
| 1400.00 | 320 | 498 | 623 | 702 | 765 | 790 |
1384
| 1450.00 | 330 | 513 | 642 | 724 | 789 | 838 |
1385
| 1500.00 | 340 | 529 | 662 | 746 | 813 | 869 |
1386
| 1550.00 | 350 | 544 | 681 | 768 | 836 | 895 |
1387
| 1600.00 | 360 | 560 | 701 | 790 | 860 | 920 |
1388
| 1650.00 | 370 | 575 | 720 | 812 | 884 | 945 |
1389
| 1700.00 | 380 | 591 | 740 | 833 | 907 | 971 |
1390
| 1750.00 | 390 | 606 | 759 | 855 | 931 | 996 |
1391
| 1800.00 | 400 | 622 | 779 | 877 | 955 | 1022 |
1392
| 1850.00 | 410 | 638 | 798 | 900 | 979 | 1048 |
1393
| 1900.00 | 421 | 654 | 818 | 923 | 1004 | 1074 |
1394
| 1950.00 | 431 | 670 | 839 | 946 | 1029 | 1101 |
1395
| 2000.00 | 442 | 686 | 859 | 968 | 1054 | 1128 |
1396
| 2050.00 | 452 | 702 | 879 | 991 | 1079 | 1154 |
1397
| 2100.00 | 463 | 718 | 899 | 1014 | 1104 | 1181 |
1398
| 2150.00 | 473 | 734 | 919 | 1037 | 1129 | 1207 |
1399
| 2200.00 | 484 | 751 | 940 | 1060 | 1154 | 1234 |
1400
| 2250.00 | 494 | 767 | 960 | 1082 | 1179 | 1261 |
1401
| 2300.00 | 505 | 783 | 980 | 1105 | 1204 | 1287 |
1402
| 2350.00 | 515 | 799 | 1000 | 1128 | 1229 | 1314 |
1403
| 2400.00 | 526 | 815 | 1020 | 1151 | 1254 | 1340 |
1404
| 2450.00 | 536 | 831 | 1041 | 1174 | 1279 | 1367 |
1405
| 2500.00 | 547 | 847 | 1061 | 1196 | 1304 | 1394 |
1406
| 2550.00 | 557 | 864 | 1081 | 1219 | 1329 | 1420 |
1407
| 2600.00 | 568 | 880 | 1101 | 1242 | 1354 | 1447 |
1408
| 2650.00 | 578 | 896 | 1121 | 1265 | 1379 | 1473 |
1409
| 2700.00 | 588 | 912 | 1141 | 1287 | 1403 | 1500 |
1410
| 2750.00 | 597 | 927 | 1160 | 1308 | 1426 | 1524 |
1411
| 2800.00 | 607 | 941 | 1178 | 1328 | 1448 | 1549 |
1412
| 2850.00 | 616 | 956 | 1197 | 1349 | 1471 | 1573 |
1413
| 2900.00 | 626 | 971 | 1215 | 1370 | 1494 | 1598 |
1414
| 2950.00 | 635 | 986 | 1234 | 1391 | 1517 | 1622 |
1415
| 3000.00 | 644 | 1001 | 1252 | 1412 | 1540 | 1647 |
1416
| 3050.00 | 654 | 1016 | 1271 | 1433 | 1563 | 1671 |
1417
| 3100.00 | 663 | 1031 | 1289 | 1453 | 1586 | 1695 |
1418
| 3150.00 | 673 | 1045 | 1308 | 1474 | 1608 | 1720 |
1419
| 3200.00 | 682 | 1060 | 1327 | 1495 | 1631 | 1744 |
1420
| 3250.00 | 691 | 1075 | 1345 | 1516 | 1654 | 1769 |
1421
| 3300.00 | 701 | 1090 | 1364 | 1537 | 1677 | 1793 |
1422
| 3350.00 | 710 | 1105 | 1382 | 1558 | 1700 | 1818 |
1423
| 3400.00 | 720 | 1120 | 1401 | 1579 | 1723 | 1842 |
1424
| 3450.00 | 729 | 1135 | 1419 | 1599 | 1745 | 1867 |
1425
| 3500.00 | 738 | 1149 | 1438 | 1620 | 1768 | 1891 |
1426
| 3550.00 | 748 | 1164 | 1456 | 1641 | 1791 | 1915 |
1427
| 3600.00 | 757 | 1179 | 1475 | 1662 | 1814 | 1940 |
1428
| 3650.00 | 767 | 1194 | 1493 | 1683 | 1837 | 1964 |
1429
| 3700.00 | 776 | 1208 | 1503 | 1702 | 1857 | 1987 |
1430
| 3750.00 | 784 | 1221 | 1520 | 1721 | 1878 | 2009 |
1431
| 3800.00 | 793 | 1234 | 1536 | 1740 | 1899 | 2031 |
1432
| 3850.00 | 802 | 1248 | 1553 | 1759 | 1920 | 2053 |
1433
| 3900.00 | 811 | 1261 | 1570 | 1778 | 1940 | 2075 |
1434
| 3950.00 | 819 | 1275 | 1587 | 1797 | 1961 | 2097 |
1435
| 4000.00 | 828 | 1288 | 1603 | 1816 | 1982 | 2119 |
1436
| 4050.00 | 837 | 1302 | 1620 | 1835 | 2002 | 2141 |
1437
| 4100.00 | 846 | 1315 | 1637 | 1854 | 2023 | 2163 |
1438
| 4150.00 | 854 | 1329 | 1654 | 1873 | 2044 | 2185 |
1439
| 4200.00 | 863 | 1342 | 1670 | 1892 | 2064 | 2207 |
1440
| 4250.00 | 872 | 1355 | 1687 | 1911 | 2085 | 2229 |
1441
| 4300.00 | 881 | 1369 | 1704 | 1930 | 2106 | 2251 |
1442
| 4350.00 | 889 | 1382 | 1721 | 1949 | 2127 | 2273 |
1443
| 4400.00 | 898 | 1396 | 1737 | 1968 | 2147 | 2295 |
1444
| 4450.00 | 907 | 1409 | 1754 | 1987 | 2168 | 2317 |
1445
| 4500.00 | 916 | 1423 | 1771 | 2006 | 2189 | 2339 |
1446
| 4550.00 | 924 | 1436 | 1788 | 2024 | 2209 | 2361 |
1447
| 4600.00 | 933 | 1450 | 1804 | 2043 | 2230 | 2384 |
1448
| 4650.00 | 942 | 1463 | 1821 | 2062 | 2251 | 2406 |
1449
| 4700.00 | 951 | 1477 | 1838 | 2081 | 2271 | 2428 |
1450
| 4750.00 | 959 | 1490 | 1855 | 2100 | 2292 | 2450 |
1451
| 4800.00 | 968 | 1503 | 1871 | 2119 | 2313 | 2472 |
1452
| 4850.00 | 977 | 1517 | 1888 | 2138 | 2334 | 2494 |
1453
| 4900.00 | 986 | 1530 | 1905 | 2157 | 2354 | 2516 |
1454
| 4950.00 | 993 | 1542 | 1927 | 2174 | 2372 | 2535 |
1455
| 5000.00 | 1000 | 1551 | 1939 | 2188 | 2387 | 2551 |
1456
| 5050.00 | 1006 | 1561 | 1952 | 2202 | 2402 | 2567 |
1457
| 5100.00 | 1013 | 1571 | 1964 | 2215 | 2417 | 2583 |
1458
| 5150.00 | 1019 | 1580 | 1976 | 2229 | 2432 | 2599 |
1459
| 5200.00 | 1025 | 1590 | 1988 | 2243 | 2447 | 2615 |
1460
| 5250.00 | 1032 | 1599 | 2000 | 2256 | 2462 | 2631 |
1461
| 5300.00 | 1038 | 1609 | 2012 | 2270 | 2477 | 2647 |
1462
| 5350.00 | 1045 | 1619 | 2024 | 2283 | 2492 | 2663 |
1463
| 5400.00 | 1051 | 1628 | 2037 | 2297 | 2507 | 2679 |
1464
| 5450.00 | 1057 | 1638 | 2049 | 2311 | 2522 | 2695 |
1465
| 5500.00 | 1064 | 1647 | 2061 | 2324 | 2537 | 2711 |
1466
| 5550.00 | 1070 | 1657 | 2073 | 2338 | 2552 | 2727 |
1467
| 5600.00 | 1077 | 1667 | 2085 | 2352 | 2567 | 2743 |
1468
| 5650.00 | 1083 | 1676 | 2097 | 2365 | 2582 | 2759 |
1469
| 5700.00 | 1089 | 1686 | 2109 | 2379 | 2597 | 2775 |
1470
| 5750.00 | 1096 | 1695 | 2122 | 2393 | 2612 | 2791 |
1471
| 5800.00 | 1102 | 1705 | 2134 | 2406 | 2627 | 2807 |
1472
| 5850.00 | 1107 | 1713 | 2144 | 2418 | 2639 | 2820 |
1473
| 5900.00 | 1111 | 1721 | 2155 | 2429 | 2651 | 2833 |
1474
| 5950.00 | 1116 | 1729 | 2165 | 2440 | 2663 | 2847 |
1475
| 6000.00 | 1121 | 1737 | 2175 | 2451 | 2676 | 2860 |
1476
| 6050.00 | 1126 | 1746 | 2185 | 2462 | 2688 | 2874 |
1477
| 6100.00 | 1131 | 1754 | 2196 | 2473 | 2700 | 2887 |
1478
| 6150.00 | 1136 | 1762 | 2206 | 2484 | 2712 | 2900 |
1479
| 6200.00 | 1141 | 1770 | 2216 | 2495 | 2724 | 2914 |
1480
| 6250.00 | 1145 | 1778 | 2227 | 2506 | 2737 | 2927 |
1481
| 6300.00 | 1150 | 1786 | 2237 | 2517 | 2749 | 2941 |
1482
| 6350.00 | 1155 | 1795 | 2247 | 2529 | 2761 | 2954 |
1483
| 6400.00 | 1160 | 1803 | 2258 | 2540 | 2773 | 2967 |
1484
| 6450.00 | 1165 | 1811 | 2268 | 2551 | 2785 | 2981 |
1485
| 6500.00 | 1170 | 1819 | 2278 | 2562 | 2798 | 2994 |
1486
| 6550.00 | 1175 | 1827 | 2288 | 2573 | 2810 | 3008 |
1487
| 6600.00 | 1179 | 1835 | 2299 | 2584 | 2822 | 3021 |
1488
| 6650.00 | 1184 | 1843 | 2309 | 2595 | 2834 | 3034 |
1489
| 6700.00 | 1189 | 1850 | 2317 | 2604 | 2845 | 3045 |
1490
| 6750.00 | 1193 | 1856 | 2325 | 2613 | 2854 | 3055 |
1491
| 6800.00 | 1196 | 1862 | 2332 | 2621 | 2863 | 3064 |
1492
| 6850.00 | 1200 | 1868 | 2340 | 2630 | 2872 | 3074 |
1493
| 6900.00 | 1204 | 1873 | 2347 | 2639 | 2882 | 3084 |
1494
| 6950.00 | 1208 | 1879 | 2355 | 2647 | 2891 | 3094 |
1495
| 7000.00 | 1212 | 1885 | 2362 | 2656 | 2900 | 3103 |
1496
| 7050.00 | 1216 | 1891 | 2370 | 2664 | 2909 | 3113 |
1497
| 7100.00 | 1220 | 1897 | 2378 | 2673 | 2919 | 3123 |
1498
| 7150.00 | 1224 | 1903 | 2385 | 2681 | 2928 | 3133 |
1499
| 7200.00 | 1228 | 1909 | 2393 | 2690 | 2937 | 3142 |
1500
| 7250.00 | 1232 | 1915 | 2400 | 2698 | 2946 | 3152 |
1501
| 7300.00 | 1235 | 1921 | 2408 | 2707 | 2956 | 3162 |
1502
| 7350.00 | 1239 | 1927 | 2415 | 2716 | 2965 | 3172 |
1503
| 7400.00 | 1243 | 1933 | 2423 | 2724 | 2974 | 3181 |
1504
| 7450.00 | 1247 | 1939 | 2430 | 2733 | 2983 | 3191 |
1505
| 7500.00 | 1251 | 1945 | 2438 | 2741 | 2993 | 3201 |
1506
| 7550.00 | 1255 | 1951 | 2446 | 2750 | 3002 | 3211 |
1507
| 7600.00 | 1259 | 1957 | 2453 | 2758 | 3011 | 3220 |
1508
| 7650.00 | 1263 | 1963 | 2461 | 2767 | 3020 | 3230 |
1509
| 7700.00 | 1267 | 1969 | 2468 | 2775 | 3030 | 3240 |
1510
| 7750.00 | 1271 | 1975 | 2476 | 2784 | 3039 | 3250 |
1511
| 7800.00 | 1274 | 1981 | 2483 | 2792 | 3048 | 3259 |
1512
| 7850.00 | 1278 | 1987 | 2491 | 2801 | 3057 | 3269 |
1513
| 7900.00 | 1282 | 1992 | 2498 | 2810 | 3067 | 3279 |
1514
| 7950.00 | 1286 | 1998 | 2506 | 2818 | 3076 | 3289 |
1515
| 8000.00 | 1290 | 2004 | 2513 | 2827 | 3085 | 3298 |
1516
| 8050.00 | 1294 | 2010 | 2521 | 2835 | 3094 | 3308 |
1517
| 8100.00 | 1298 | 2016 | 2529 | 2844 | 3104 | 3318 |
1518
| 8150.00 | 1302 | 2022 | 2536 | 2852 | 3113 | 3328 |
1519
| 8200.00 | 1306 | 2028 | 2544 | 2861 | 3122 | 3337 |
1520
| 8250.00 | 1310 | 2034 | 2551 | 2869 | 3131 | 3347 |
1521
| 8300.00 | 1313 | 2040 | 2559 | 2878 | 3141 | 3357 |
1522
| 8350.00 | 1317 | 2046 | 2566 | 2887 | 3150 | 3367 |
1523
| 8400.00 | 1321 | 2052 | 2574 | 2895 | 3159 | 3376 |
1524
| 8450.00 | 1325 | 2058 | 2581 | 2904 | 3168 | 3386 |
1525
| 8500.00 | 1329 | 2064 | 2589 | 2912 | 3178 | 3396 |
1526
| 8550.00 | 1333 | 2070 | 2597 | 2921 | 3187 | 3406 |
1527
| 8600.00 | 1337 | 2076 | 2604 | 2929 | 3196 | 3415 |
1528
| 8650.00 | 1341 | 2082 | 2612 | 2938 | 3205 | 3425 |
1529
| 8700.00 | 1345 | 2088 | 2619 | 2946 | 3215 | 3435 |
1530
| 8750.00 | 1349 | 2094 | 2627 | 2955 | 3224 | 3445 |
1531
| 8800.00 | 1352 | 2100 | 2634 | 2963 | 3233 | 3454 |
1532
| 8850.00 | 1356 | 2106 | 2642 | 2972 | 3242 | 3464 |
1533
| 8900.00 | 1360 | 2111 | 2649 | 2981 | 3252 | 3474 |
1534
| 8950.00 | 1364 | 2117 | 2657 | 2989 | 3261 | 3484 |
1535
| 9000.00 | 1368 | 2123 | 2664 | 2998 | 3270 | 3493 |
1536
| 9050.00 | 1372 | 2129 | 2672 | 3006 | 3279 | 3503 |
1537
| 9100.00 | 1376 | 2135 | 2680 | 3015 | 3289 | 3513 |
1538
| 9150.00 | 1380 | 2141 | 2687 | 3023 | 3298 | 3523 |
1539
| 9200.00 | 1384 | 2147 | 2695 | 3032 | 3307 | 3532 |
1540
| 9250.00 | 1388 | 2153 | 2702 | 3040 | 3316 | 3542 |
1541
| 9300.00 | 1391 | 2159 | 2710 | 3049 | 3326 | 3552 |
1542
| 9350.00 | 1395 | 2165 | 2717 | 3058 | 3335 | 3562 |
1543
| 9400.00 | 1399 | 2171 | 2725 | 3066 | 3344 | 3571 |
1544
| 9450.00 | 1403 | 2177 | 2732 | 3075 | 3353 | 3581 |
1545
| 9500.00 | 1407 | 2183 | 2740 | 3083 | 3363 | 3591 |
1546
| 9550.00 | 1411 | 2189 | 2748 | 3092 | 3372 | 3601 |
1547
| 9600.00 | 1415 | 2195 | 2755 | 3100 | 3381 | 3610 |
1548
| 9650.00 | 1419 | 2201 | 2763 | 3109 | 3390 | 3620 |
1549
| 9700.00 | 1422 | 2206 | 2767 | 3115 | 3396 | 3628 |
1550
| 9750.00 | 1425 | 2210 | 2772 | 3121 | 3402 | 3634 |
1551
| 9800.00 | 1427 | 2213 | 2776 | 3126 | 3408 | 3641 |
1552
| 9850.00 | 1430 | 2217 | 2781 | 3132 | 3414 | 3647 |
1553
| 9900.00 | 1432 | 2221 | 2786 | 3137 | 3420 | 3653 |
1554
| 9950.00 | 1435 | 2225 | 2791 | 3143 | 3426 | 3659 |
1555
| 10000.00 | 1437 | 2228 | 2795 | 3148 | 3432 | 3666 |
1556
1557
For combined monthly available income less than the amount set
1558
out on the above guidelines schedule schedules, the parent should
1559
be ordered to pay a child support amount, determined on a case-
1560
by-case basis, to establish the principle of payment and lay the
1561
basis for increased orders should the parent's income increase in
1562
the future. For combined monthly available income greater than
1563
the amount set out in the above guidelines schedule schedules,
1564
the obligation shall be the minimum amount of support provided by
1565
the guidelines schedule plus the following percentages multiplied
1566
by the amount of income over $10,000:
1567
| Child or Children |
1568
| One | Two | Three | Four | Five | Six |
1569
| 5.0% | 7.5% | 9.5% | 11.0% | 12.0% | 12.5% |
1570
1571
(7) Child care costs incurred on behalf of the children due
1572
to employment, job search, or education calculated to result in
1573
employment or to enhance income of current employment of either
1574
parent shall be reduced by 25 percent and then shall be added to
1575
the basic obligation. After the adjusted child care costs are
1576
added to the basic obligation, any moneys prepaid by a the
1577
noncustodial parent for child care costs for the child or
1578
children of this action shall be deducted from that noncustodial
1579
parent's child support obligation for that child or those
1580
children. Child care costs shall not exceed the level required to
1581
provide quality care from a licensed source for the children.
1582
(8) Health insurance costs resulting from coverage ordered
1583
pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
1584
and prescription medication expenses of the child, shall be added
1585
to the basic obligation unless these expenses have been ordered
1586
to be separately paid on a percentage basis. After the health
1587
insurance costs are added to the basic obligation, any moneys
1588
prepaid by a the noncustodial parent for health-related costs for
1589
the child or children of this action shall be deducted from that
1590
noncustodial parent's child support obligation for that child or
1591
those children.
1592
(9) Each parent's percentage share of the child support
1593
need shall be determined by dividing each parent's net monthly
1594
income by the combined net monthly income.
1595
(10) The total minimum child support need shall be
1596
determined by adding child care costs and health insurance costs
1597
to the minimum child support need. Each parent's actual dollar
1598
share of the total minimum child support need shall be determined
1599
by multiplying the minimum child support need by each parent's
1600
percentage share of the combined monthly net income.
1601
(11)(a) The court may adjust the total minimum child
1602
support award, or either or both parents' share of the total
1603
minimum child support award, based upon the following deviation
1604
factors considerations:
1605
1. Extraordinary medical, psychological, educational, or
1606
dental expenses.
1607
2. Independent income of the child, not to include moneys
1608
received by a child from supplemental security income.
1609
3. The payment of support for a parent which regularly has
1610
been paid and for which there is a demonstrated need.
1611
4. Seasonal variations in one or both parents' incomes or
1612
expenses.
1613
5. The age of the child, taking into account the greater
1614
needs of older children.
1615
6. Special needs, such as costs that may be associated with
1616
the disability of a child, that have traditionally been met
1617
within the family budget even though the fulfilling of those
1618
needs will cause the support to exceed the presumptive amount
1619
established by the proposed guidelines.
1620
7. Total available assets of the obligee, obligor, and the
1621
child.
1622
8. The impact of the Internal Revenue Service dependency
1623
exemption and waiver of that exemption and the impact of any
1624
federal child care tax credit. The court may order a the primary
1625
residential parent to execute a waiver of the Internal Revenue
1626
Service dependency exemption if the payor noncustodial parent is
1627
current in support payments.
1628
9. When application of the child support guidelines
1629
schedule requires a person to pay another person more than 55
1630
percent of his or her gross income for a child support obligation
1631
for current support resulting from a single support order.
1632
10. The particular parenting shared parental arrangement,
1633
such as where the child spends a significant amount of time, but
1634
less than 40 percent of the overnights, with one the noncustodial
1635
parent, thereby reducing the financial expenditures incurred by
1636
the other primary residential parent; or the refusal of a the
1637
noncustodial parent to become involved in the activities of the
1638
child.
1639
11. Any other adjustment which is needed to achieve an
1640
equitable result which may include, but not be limited to, a
1641
reasonable and necessary existing expense or debt. Such expense
1642
or debt may include, but is not limited to, a reasonable and
1643
necessary expense or debt which the parties jointly incurred
1644
during the marriage.
1645
(b) Whenever a particular parenting plan shared parental
1646
arrangement provides that each child spend a substantial amount
1647
of time with each parent, the court shall adjust any award of
1648
child support, as follows:
1649
1. In accordance with subsections (9) and (10), calculate
1650
the amount of support obligation apportioned to each the
1651
noncustodial parent without including day care and health
1652
insurance costs in the calculation and multiply the amount by
1653
1.5.
1654
2. In accordance with subsections (9) and (10), calculate
1655
the amount of support obligation apportioned to the custodial
1656
parent without including day care and health insurance costs in
1657
the calculation and multiply the amount by 1.5.
1658
2.3. Calculate the percentage of overnight stays the child
1659
spends with each parent.
1660
3.4. Multiply each the noncustodial parent's support
1661
obligation as calculated in subparagraph 1. by the percentage of
1662
the other custodial parent's overnight stays with the child as
1663
calculated in subparagraph 2. 3.
1664
5. Multiply the custodial parent's support obligation as
1665
calculated in subparagraph 2. by the percentage of the
1666
noncustodial parent's overnight stays with the child as
1667
calculated in subparagraph 3.
1668
4.6. The difference between the amounts calculated in
1669
subparagraph 3. subparagraphs 4. and 5. shall be the monetary
1670
transfer necessary between the custodial and noncustodial parents
1671
for the care of the child, subject to an adjustment for day care
1672
and health insurance expenses.
1673
5.7. Pursuant to subsections (7) and (8), calculate the net
1674
amounts owed by each parent the custodial and noncustodial
1675
parents for the expenses incurred for day care and health
1676
insurance coverage for the child. Day care shall be calculated
1677
without regard to the 25-percent reduction applied by subsection
1678
(7).
1679
6.8. Adjust the support obligation owed by each the
1680
custodial or noncustodial parent pursuant to subparagraph 4. 6.
1681
by crediting or debiting the amount calculated in subparagraph 5.
1682
7. This amount represents the child support which must be
1683
exchanged between the custodial and noncustodial parents.
1684
However, if the amount to be paid is more than the child support
1685
that would be paid had the child support been calculated without
1686
adjustment for substantial time-sharing, the court shall order
1687
child support to be paid without making the otherwise mandatory
1688
adjustment required by this subparagraph.
1689
7.9. The court may deviate from the child support amount
1690
calculated pursuant to subparagraph 6. 8. based upon the
1691
deviation factors considerations set forth in paragraph (a), as
1692
well as either the custodial parent's low income and ability to
1693
maintain the basic necessities of the home for the child, the
1694
likelihood that either the noncustodial parent will actually
1695
exercise the time-sharing schedule set forth in the parenting
1696
plan visitation granted by the court, and whether all of the
1697
children are exercising the same time-sharing schedule shared
1698
parental arrangement.
1699
8.10. For purposes of adjusting any award of child support
1700
under this paragraph, "substantial amount of time" means that a
1701
the noncustodial parent exercises visitation at least 40 percent
1702
of the overnights of the year.
1703
(c) A noncustodial parent's failure to regularly exercise
1704
court-ordered or agreed time-sharing schedule visitation not
1705
caused by the other custodial parent which resulted in the
1706
adjustment of the amount of child support pursuant to
1707
subparagraph (a)10. or paragraph (b) shall be deemed a
1708
substantial change of circumstances for purposes of modifying the
1709
child support award. A modification pursuant to this paragraph
1710
shall be retroactive to the date the noncustodial parent first
1711
failed to regularly exercise court-ordered or agreed time-sharing
1712
schedule visitation.
1713
(12)(a) A parent with a support obligation may have other
1714
children living with him or her who were born or adopted after
1715
the support obligation arose. If such subsequent children exist,
1716
the court, when considering an upward modification of an existing
1717
award, may disregard the income from secondary employment
1718
obtained in addition to the parent's primary employment if the
1719
court determines that the employment was obtained primarily to
1720
support the subsequent children.
1721
(b) Except as provided in paragraph (a), the existence of
1722
such subsequent children should not as a general rule be
1723
considered by the court as a basis for disregarding the amount
1724
provided in the guidelines schedule. The parent with a support
1725
obligation for subsequent children may raise the existence of
1726
such subsequent children as a justification for deviation from
1727
the guidelines schedule. However, if the existence of such
1728
subsequent children is raised, the income of the other parent of
1729
the subsequent children shall be considered by the court in
1730
determining whether or not there is a basis for deviation from
1731
the guideline amount.
1732
(c) The issue of subsequent children under paragraph (a) or
1733
paragraph (b) may only be raised in a proceeding for an upward
1734
modification of an existing award and may not be applied to
1735
justify a decrease in an existing award.
1736
(13) If the recurring income is not sufficient to meet the
1737
needs of the child, the court may order child support to be paid
1738
from nonrecurring income or assets.
1739
(14) Every petition for child support or for modification
1740
of child support shall be accompanied by an affidavit which shows
1741
the party's income, allowable deductions, and net income computed
1742
in accordance with this section. The affidavit shall be served at
1743
the same time that the petition is served. The respondent,
1744
whether or not a stipulation is entered, shall make an affidavit
1745
which shows the party's income, allowable deductions, and net
1746
income computed in accordance with this section. The respondent
1747
shall include his or her affidavit with the answer to the
1748
petition or as soon thereafter as is practicable, but in any case
1749
at least 72 hours prior to any hearing on the finances of either
1750
party.
1751
(15) For purposes of establishing an obligation for support
1752
in accordance with this section, if a person who is receiving
1753
public assistance is found to be noncooperative as defined in s.
1754
409.2572, the IV-D agency is authorized to submit to the court an
1755
affidavit attesting to the income of that the custodial parent
1756
based upon information available to the IV-D agency.
1757
(16) The Legislature shall review the guidelines schedule
1758
established in this section at least every 4 years beginning in
1759
1997.
1760
(17) In an initial determination of child support, whether
1761
in a paternity action, dissolution of marriage action, or
1762
petition for support during the marriage, the court has
1763
discretion to award child support retroactive to the date when
1764
the parents did not reside together in the same household with
1765
the child, not to exceed a period of 24 months preceding the
1766
filing of the petition, regardless of whether that date precedes
1767
the filing of the petition. In determining the retroactive award
1768
in such cases, the court shall consider the following:
1769
(a) The court shall apply the guidelines schedule in effect
1770
at the time of the hearing subject to the obligor's demonstration
1771
of his or her actual income, as defined by subsection (2), during
1772
the retroactive period. Failure of the obligor to so demonstrate
1773
shall result in the court using the obligor's income at the time
1774
of the hearing in computing child support for the retroactive
1775
period.
1776
(b) All actual payments made by a the noncustodial parent
1777
to the other custodial parent or the child or third parties for
1778
the benefit of the child throughout the proposed retroactive
1779
period.
1780
(c) The court should consider an installment payment plan
1781
for the payment of retroactive child support.
1782
Section 17. Section 61.401, Florida Statutes, is amended to
1783
read:
1784
61.401 Appointment of guardian ad litem.--In an action
1785
where the parties have been unable to agree to a parenting plan
1786
for dissolution of marriage, modification, parental
1787
responsibility, custody, or visitation, if the court finds it is
1788
in the best interest of the child, the court may appoint a
1789
guardian ad litem to act as next friend of the child,
1790
investigator or evaluator, not as attorney or advocate. The court
1791
in its discretion may also appoint legal counsel for a child to
1792
act as attorney or advocate; however, the guardian and the legal
1793
counsel shall not be the same person. In such actions which
1794
involve an allegation of child abuse, abandonment, or neglect as
1795
defined in s. 39.01, which allegation is verified and determined
1796
by the court to be well-founded, the court shall appoint a
1797
guardian ad litem for the child. The guardian ad litem shall be a
1798
party to any judicial proceeding from the date of the appointment
1799
until the date of discharge.
1800
Section 18. Section 61.45, Florida Statutes, is amended to
1801
read:
1802
61.45 Court-ordered parenting plan Court order of
1803
visitation or custody; risk of violation; bond.--
1804
(1) In any a proceeding in which the court enters a
1805
parenting plan, including a time-sharing schedule an order of
1806
child custody or visitation, including in a modification
1807
proceeding, upon the presentation of competent substantial
1808
evidence that there is a risk that one party may violate the
1809
court's parenting plan order of visitation or custody by removing
1810
a child from this state or country or by concealing the
1811
whereabouts of a child, or upon stipulation of the parties, the
1812
court may:
1813
(a) Order that a parent may not remove the child from this
1814
state without the notarized written permission of both parents or
1815
further court order;
1816
(b) Order that a parent may not remove the child from this
1817
country without the notarized written permission of both parents
1818
or further court order;
1819
(c) Order that a parent may not take the child to a country
1820
that has not ratified or acceded to the Hague Convention on the
1821
Civil Aspects of International Child Abduction unless the other
1822
parent agrees in writing that the child may be taken to the
1823
country;
1824
(d) Require a parent to surrender the passport of the
1825
child; or
1826
(e) Require that party to post bond or other security.
1827
(2) If the court enters a parenting plan, including a time-
1828
sharing schedule an order of child custody or visitation,
1829
including in a modification proceeding, that includes a provision
1830
entered under paragraph (1)(b) or paragraph (1)(c), a certified
1831
copy of the order should be sent by the parent who requested the
1832
restriction to the Passport Services Office of the United States
1833
Department of State requesting that they not issue a passport to
1834
the child without their signature or further court order.
1835
(3) In assessing the need for a bond or other security, the
1836
court may consider any reasonable factor bearing upon the risk
1837
that a party may violate a parenting plan visitation or custody
1838
order by removing a child from this state or country or by
1839
concealing the whereabouts of a child, including but not limited
1840
to whether:
1841
(a) A court has previously found that a party previously
1842
removed a child from Florida or another state in violation of a
1843
parenting plan custody or visitation order, or whether a court
1844
had found that a party has threatened to take a child out of
1845
Florida or another state in violation of a parenting plan custody
1846
or visitation order;
1847
(b) The party has strong family and community ties to
1848
Florida or to other states or countries, including whether the
1849
party or child is a citizen of another country;
1850
(c) The party has strong financial reasons to remain in
1851
Florida or to relocate to another state or country;
1852
(d) The party has engaged in activities that suggest plans
1853
to leave Florida, such as quitting employment; sale of a
1854
residence or termination of a lease on a residence, without
1855
efforts to acquire an alternative residence in the state; closing
1856
bank accounts or otherwise liquidating assets; or applying for a
1857
passport;
1858
(e) Either party has had a history of domestic violence as
1859
either a victim or perpetrator, child abuse or child neglect
1860
evidenced by criminal history, including but not limited to,
1861
arrest, an injunction for protection against domestic violence
1862
issued after notice and hearing under s. 741.30, medical records,
1863
affidavits, or any other relevant information; or
1864
(f) The party has a criminal record.
1865
(4) The court must consider the party's financial resources
1866
prior to setting the bond amount under this section. Under no
1867
circumstances may the court set a bond that is unreasonable.
1868
(5) Any deficiency of bond or security shall not absolve
1869
the violating party of responsibility to pay the full amount of
1870
damages determined by the court.
1871
(6)(a) Upon a material violation of any parenting plan
1872
custody or visitation order by removing a child from this state
1873
or this country or by concealing the whereabouts of a child, the
1874
court may order the bond or other security forfeited in whole or
1875
in part.
1876
(b) This section, including the requirement to post a bond
1877
or other security, does not apply to a parent who, in a
1878
proceeding to order or modify a parenting plan or time-sharing
1879
schedule, is determined by the court to be child custody or
1880
visitation, the court determines is a victim of an act of
1881
domestic violence or provides the court with has reasonable cause
1882
to believe that he or she is about to become the victim of an act
1883
of domestic violence, as defined in s. 741.28. An injunction for
1884
protection against domestic violence issued pursuant to s. 741.30
1885
for a parent as the petitioner which is in effect at the time of
1886
the court proceeding shall be one means of demonstrating
1887
sufficient evidence that the parent is a victim of domestic
1888
violence or is about to become the victim of an act of domestic
1889
violence, as defined in s. 741.28, and shall exempt the parent
1890
from this section, including the requirement to post a bond or
1891
other security. A parent who is determined by the court to be
1892
exempt from the requirements of this section must meet the
1893
requirements of s. 787.03(6) if an offense of interference with
1894
the parenting plan or time-sharing schedule custody is committed.
1895
(7)(a) Upon an order of forfeiture, the proceeds of any
1896
bond or other security posted pursuant to this subsection may
1897
only be used to:
1898
1. Reimburse the nonviolating party for actual costs or
1899
damages incurred in upholding the court's parenting plan order of
1900
custody or visitation.
1901
2. Locate and return the child to the residence as set
1902
forth in the parenting plan visitation or custody order.
1903
3. Reimburse reasonable fees and costs as determined by the
1904
court.
1905
(b) Any remaining proceeds shall be held as further
1906
security if deemed necessary by the court, and if further
1907
security is not found to be necessary; applied to any child
1908
support arrears owed by the parent against whom the bond was
1909
required, and if no arrears exists; all remaining proceeds will
1910
be allocated by the court in the best interest of the child.
1911
(8) At any time after the forfeiture of the bond or other
1912
security, the party who posted the bond or other security, or the
1913
court on its own motion may request that the party provide
1914
documentation substantiating that the proceeds received as a
1915
result of the forfeiture have been used solely in accordance with
1916
this subsection. Any party using such proceeds for purposes not
1917
in accordance with this section may be found in contempt of
1918
court.
1919
Section 19. Subsection (14) of section 409.2554, Florida
1920
Statutes, is amended to read:
1923
(14) "Unidentifiable collection" means a payment received
1924
by the department for which a the noncustodial parent, custodial
1925
parent, depository or circuit civil numbers, or source of the
1926
payment cannot be identified.
1927
Section 20. Paragraphs (b) and (c) of subsection (2) and
1928
subsection (4) of section 409.2558, Florida Statutes, are amended
1929
to read:
1930
409.2558 Support distribution and disbursement.--
1931
(2) UNDISTRIBUTABLE COLLECTIONS.--
1932
(b) Collections that are determined to be undistributable
1933
shall be processed in the following order of priority:
1934
1. Apply the payment to any assigned arrears on the
1935
obligee's custodial parent's case; then
1936
2. Apply the payment to any administrative costs ordered by
1937
the court pursuant to s. 409.2567 associated with the obligee's
1938
custodial parent's case; then
1939
3. When the obligor noncustodial parent is subject to a
1940
valid order to support another child in a case with a different
1941
obligee custodial parent and the obligation is being enforced by
1942
the department, the department shall send by certified mail,
1943
restricted delivery, return receipt requested, to the obligor
1944
noncustodial parent at the most recent address provided by the
1945
obligor noncustodial parent to the tribunal that issued the
1946
order, a notice stating the department's intention to apply the
1947
payment pursuant to this subparagraph, and advising the obligor
1948
noncustodial parent of the right to contest the department's
1949
proposed action in the circuit court by filing and serving a
1950
petition on the department within 30 days after the mailing of
1951
the notice. If the obligor noncustodial parent does not file and
1952
serve a petition within the 30 days after mailing of the notice,
1953
or upon a disposition of the judicial action favorable to the
1954
department, the department shall apply the payment toward his or
1955
her other support obligation. If there is more than one such
1956
other case, the department shall allocate the remaining
1957
undistributable amount as specified by s. 61.1301(4)(c); then
1958
4. Return the payment to the obligor noncustodial parent;
1959
then
1960
5. If the obligor noncustodial parent cannot be located
1961
after diligent efforts by the department, the federal share of
1962
the payment shall be credited to the Federal Government and the
1963
state share shall be transferred to the General Revenue Fund.
1964
(c) Refunds to obligors noncustodial parents that are
1965
determined to be undistributable shall be processed in the
1966
following manner:
1967
1. The federal share of the refund shall be sent to the
1968
Federal Government.
1969
2. The state share shall be credited to the General Revenue
1970
Fund.
1971
(4) RECLAIMING COLLECTIONS DECLARED TO BE UNDISTRIBUTABLE
1972
OR UNIDENTIFIABLE.--At such time as an undistributable or
1973
unidentifiable collection that has been transferred to the
1974
Federal Government and to the General Revenue Fund in the
1975
relevant method above becomes distributable or identified,
1976
meaning either the obligor noncustodial parent or the obligee
1977
custodial parent is identified or located, the department shall
1978
retrieve the transferred moneys in the following manner:
1979
(a) Offset the next credit to the Federal Government in an
1980
amount equal to the share of the collection which had been
1981
transferred; and
1982
(b) Offset the next transfer to the General Revenue Fund in
1983
an amount equal to the state share of the collection which had
1984
been transferred to the General Revenue Fund.
1985
1986
The collection shall then be processed, as appropriate.
1987
Section 21. Paragraph (a) of subsection (1), paragraphs
1988
(b), (c), (d), and (f) of subsection (2), subsection (4),
1989
paragraphs (a) and (c) of subsection (5), subsection (6),
1990
paragraphs (b), (c), (d), and (e) of subsection (7), paragraphs
1991
(a) and (b) of subsection (10), and subsections (13) and (17) of
1992
section 409.2563, Florida Statutes, are amended to read:
1993
409.2563 Administrative establishment of child support
1994
obligations.--
1995
(1) DEFINITIONS.--As used in this section, the term:
1996
(a) "Administrative support order" means a final order
1997
rendered by or on behalf of the department pursuant to this
1998
section establishing or modifying the obligation of a
1999
noncustodial parent to contribute to the support and maintenance
2000
of his or her child or children, which may include provisions for
2001
monetary support, retroactive support, health care, and other
2002
elements of support pursuant to chapter 61.
2003
(2) PURPOSE AND SCOPE.--
2004
(b) The administrative procedure set forth in this section
2005
concerns only the establishment of child support obligations.
2006
This section does not grant jurisdiction to the department or the
2007
Division of Administrative Hearings to hear or determine issues
2008
of dissolution of marriage, separation, alimony or spousal
2009
support, termination of parental rights, dependency, disputed
2010
paternity, except for a determination of paternity as provided in
2011
s. 409.256, award of or change of time-sharing custody, or
2012
visitation. This paragraph notwithstanding, the department and
2013
the Division of Administrative Hearings may make findings of fact
2014
that are necessary for a proper determination of a noncustodial
2015
parent's support obligation as authorized by this section.
2016
(c) If there is no support order for a child in a Title IV-
2017
D case whose paternity has been established or is presumed by
2018
law, or whose paternity is the subject of a proceeding under s.
2019
409.256, the department may establish a the noncustodial parent's
2020
child support obligation pursuant to this section, s. 61.30, and
2021
other relevant provisions of state law. The noncustodial parent's
2022
obligation determined by the department may include any
2023
obligation to pay retroactive support and any obligation to
2024
provide for health care for a child, whether through insurance
2025
coverage, reimbursement of expenses, or both. The department may
2026
proceed on behalf of:
2027
1. An applicant or recipient of public assistance, as
2029
2. A former recipient of public assistance, as provided by
2030
s. 409.2569;
2031
3. An individual who has applied for services as provided
2032
by s. 409.2567;
2033
4. Itself or the child, as provided by s. 409.2561; or
2034
5. A state or local government of another state, as
2035
provided by chapter 88.
2036
(d) Either parent, or a caretaker relative if applicable,
2037
may at any time file a civil action in a circuit court having
2038
jurisdiction and proper venue to determine the other noncustodial
2039
parent's child support obligations, if any. A support order
2040
issued by a circuit court prospectively supersedes an
2041
administrative support order rendered by the department.
2042
(f) The department shall terminate the administrative
2043
proceeding and file an action in circuit court to determine
2044
support if within 20 days after receipt of the initial notice the
2045
noncustodial parent from whom support is being sought requests in
2046
writing that the department proceed in circuit court or states in
2047
writing his or her the noncustodial parent's intention to address
2048
issues concerning custody or rights to parental contact in court
2049
and if within 10 days after receipt of the department's petition
2050
and waiver of service the noncustodial parent from whom support
2051
is being sought signs and returns the waiver of service form to
2052
the department.
2053
(4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
2054
SUPPORT ORDER.--To commence a proceeding under this section, the
2055
department shall provide to the custodial parent from whom
2056
support is not being sought and serve the noncustodial parent
2057
from whom support is being sought with a notice of proceeding to
2058
establish administrative support order and a blank financial
2059
affidavit form. The notice must state:
2060
(a) The names of both parents, the name of the caretaker
2061
relative, if any, and the name and date of birth of the child or
2062
children;
2063
(b) That the department intends to establish an
2064
administrative support order as defined in this section;
2065
(c) That both parents must submit a completed financial
2066
affidavit to the department within 20 days after receiving the
2067
notice, as provided by paragraph (13)(a);
2068
(d) That both parents, or parent and caretaker relative if
2069
applicable, are required to furnish to the department information
2070
regarding their identities and locations, as provided by
2071
paragraph (13)(b);
2072
(e) That both parents, or parent and caretaker relative if
2073
applicable, are required to promptly notify the department of any
2074
change in their mailing addresses to ensure receipt of all
2075
subsequent pleadings, notices, and orders, as provided by
2076
paragraph (13)(c);
2077
(f) That the department will calculate support obligations
2078
based on the child support guidelines schedule in s. 61.30 and
2079
using all available information, as provided by paragraph (5)(a),
2080
and will incorporate such obligations into a proposed
2081
administrative support order;
2082
(g) That the department will send by regular mail to both
2083
parents, or parent and caretaker relative if applicable, a copy
2084
of the proposed administrative support order, the department's
2085
child support worksheet, and any financial affidavits submitted
2086
by a parent or prepared by the department;
2087
(h) That the noncustodial parent from whom support is being
2088
sought may file a request for a hearing in writing within 20 days
2089
after the date of mailing or other service of the proposed
2090
administrative support order or will be deemed to have waived the
2091
right to request a hearing;
2092
(i) That if the noncustodial parent from whom support is
2093
being sought does not file a timely request for hearing after
2094
service of the proposed administrative support order, the
2095
department will issue an administrative support order that
2096
incorporates the findings of the proposed administrative support
2097
order, and will send by regular mail a copy of the administrative
2098
support order to both parents, or parent and caretaker relative
2099
if applicable;
2100
(j) That after an administrative support order is rendered,
2101
the department will file a copy of the order with the clerk of
2102
the circuit court;
2103
(k) That after an administrative support order is rendered,
2104
the department may enforce the administrative support order by
2105
any lawful means;
2106
(l) That either parent, or caretaker relative if
2107
applicable, may file at any time a civil action in a circuit
2108
court having jurisdiction and proper venue to determine the other
2109
noncustodial parent's child support obligations, if any, and that
2110
a support order issued by a circuit court supersedes an
2111
administrative support order rendered by the department;
2112
(m) That, neither the department nor the Division of
2113
Administrative Hearings has jurisdiction to award or change child
2114
custody or rights of parental contact or time-sharing and these
2115
issues may only be addressed in circuit court.
2116
1. A The noncustodial parent may request in writing that
2117
the department proceed in circuit court to determine his or her
2118
support obligations.
2119
2. A The noncustodial parent may state in writing to the
2120
department his or her intention to address issues concerning
2121
custody or rights to parental contact in circuit court.
2122
3. If a the noncustodial parent submits the request
2123
authorized in subparagraph 1., or the statement authorized in
2124
subparagraph 2. to the department within 20 days after the
2125
receipt of the initial notice, the department shall file a
2126
petition in circuit court for the determination of the
2127
noncustodial parent's child support obligations, and shall send
2128
to the noncustodial parent a copy of its petition, a notice of
2129
commencement of action, and a request for waiver of service of
2130
process as provided in the Florida Rules of Civil Procedure.
2131
4. If, within 10 days after receipt of the department's
2132
petition and waiver of service, the noncustodial parent signs and
2133
returns the waiver of service form to the department, the
2134
department shall terminate the administrative proceeding without
2135
prejudice and proceed in circuit court.
2136
5. In any circuit court action filed by the department
2137
pursuant to this paragraph or filed by a noncustodial parent or
2138
other person pursuant to paragraph (l) or paragraph (n), the
2139
department shall be a party only with respect to those issues of
2140
support allowed and reimbursable under Title IV-D of the Social
2141
Security Act. It is the responsibility of the noncustodial parent
2142
or other person to take the necessary steps to present other
2143
issues for the court to consider.
2144
(n) That if a the noncustodial parent files an action in
2145
circuit court and serves the department with a copy of the
2146
petition within 20 days after being served notice under this
2147
subsection, the administrative process ends without prejudice and
2148
the action must proceed in circuit court;
2149
(o) Information provided by the Office of State Courts
2150
Administrator concerning the availability and location of self-
2151
help programs for those who wish to file an action in circuit
2152
court but who cannot afford an attorney.
2153
2154
The department may serve the notice of proceeding to establish
2155
administrative support order by certified mail, restricted
2156
delivery, return receipt requested. Alternatively, the department
2157
may serve the notice by any means permitted for service of
2158
process in a civil action. For purposes of this section, an
2159
authorized employee of the department may serve the notice and
2160
execute an affidavit of service. Service by certified mail is
2161
completed when the certified mail is received or refused by the
2162
addressee or by an authorized agent as designated by the
2163
addressee in writing. If a person other than the addressee signs
2164
the return receipt, the department shall attempt to reach the
2165
addressee by telephone to confirm whether the notice was
2166
received, and the department shall document any telephonic
2167
communications. If someone other than the addressee signs the
2168
return receipt, the addressee does not respond to the notice, and
2169
the department is unable to confirm that the addressee has
2170
received the notice, service is not completed and the department
2171
shall attempt to have the addressee served personally. The
2172
department shall provide the custodial parent from whom support
2173
is not being sought or caretaker relative with a copy of the
2174
notice by regular mail to the last known address of the custodial
2175
parent from whom support is not being sought or caretaker.
2176
(5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--
2177
(a) After serving notice upon a the noncustodial parent in
2178
accordance with subsection (4), the department shall calculate
2179
that the noncustodial parent's child support obligation under the
2180
child support guidelines schedule as provided by s. 61.30, based
2181
on any timely financial affidavits received and other information
2182
available to the department. If either parent fails to comply
2183
with the requirement to furnish a financial affidavit, the
2184
department may proceed on the basis of information available from
2185
any source, if such information is sufficiently reliable and
2186
detailed to allow calculation of guideline schedule amounts under
2187
s. 61.30. If a the custodial parent receives public assistance
2188
and fails to submit a financial affidavit, the department may
2189
submit a financial affidavit for that the custodial parent
2190
pursuant to s. 61.30(15). If there is a lack of sufficient
2191
reliable information concerning a parent's actual earnings for a
2192
current or past period, it shall be presumed for the purpose of
2193
establishing a support obligation that the parent had an earning
2194
capacity equal to the federal minimum wage during the applicable
2195
period.
2196
(c) The department shall provide a notice of rights with
2197
the proposed administrative support order, which notice must
2198
inform the noncustodial parent that:
2199
1. The noncustodial parent from whom support is being
2200
sought may, within 20 days after the date of mailing or other
2201
service of the proposed administrative support order, request a
2202
hearing by filing a written request for hearing in a form and
2203
manner specified by the department;
2204
2. If the noncustodial parent from whom support is being
2205
sought files a timely request for a hearing, the case shall be
2206
transferred to the Division of Administrative Hearings, which
2207
shall conduct further proceedings and may enter an administrative
2208
support order;
2209
3. A noncustodial parent from whom support is being sought
2210
who fails to file a timely request for a hearing shall be deemed
2211
to have waived the right to a hearing, and the department may
2212
render an administrative support order pursuant to paragraph
2213
(7)(b);
2214
4. The noncustodial parent from whom support is being
2215
sought may consent in writing to entry of an administrative
2216
support order without a hearing;
2217
5. The noncustodial parent from whom support is being
2218
sought may, within 10 days after the date of mailing or other
2219
service of the proposed administrative support order, contact a
2220
department representative, at the address or telephone number
2221
specified in the notice, to informally discuss the proposed
2222
administrative support order and, if informal discussions are
2223
requested timely, the time for requesting a hearing will be
2224
extended until 10 days after the department notifies the
2225
noncustodial parent that the informal discussions have been
2226
concluded; and
2227
6. If an administrative support order that establishes a
2228
noncustodial parent's support obligation is rendered, whether
2229
after a hearing or without a hearing, the department may enforce
2230
the administrative support order by any lawful means.
2231
(6) HEARING.--If the noncustodial parent from whom support
2232
is being sought files a timely request for hearing, the
2233
department shall refer the hearing request to the Division of
2234
Administrative Hearings. Unless otherwise provided by this
2235
section, chapter 120 and the Uniform Rules of Procedure shall
2236
govern the conduct of the proceedings. The administrative law
2237
judge shall consider all available and admissible information and
2238
any presumptions that apply as provided by paragraph (5)(a).
2239
(7) ADMINISTRATIVE SUPPORT ORDER.--
2240
(b) If the noncustodial parent from whom support is being
2241
sought does not file a timely request for a hearing, the
2242
noncustodial parent will be deemed to have waived the right to
2243
request a hearing.
2244
(c) If the noncustodial parent from whom support is being
2245
sought waives the right to a hearing, or consents in writing to
2246
the entry of an order without a hearing, the department may
2247
render an administrative support order.
2248
(d) The department shall send by regular mail a copy of the
2249
administrative support order, or the final order denying an
2250
administrative support order, to both parents, or a parent and
2251
caretaker relative if applicable. The noncustodial parent from
2252
whom support is being sought shall be notified of the right to
2253
seek judicial review of the administrative support order in
2254
accordance with s. 120.68.
2255
(e) An administrative support order must comply with s.
2256
61.30. The department shall develop a standard form or forms for
2257
administrative support orders. An administrative support order
2258
must provide and state findings, if applicable, concerning:
2259
1. The full name and date of birth of the child or
2260
children;
2261
2. The name of the noncustodial parent from whom support is
2262
being sought and the custodial parent or caretaker relative;
2263
3. The noncustodial parent's duty and ability to provide
2264
support;
2265
4. The amount of the noncustodial parent's monthly support
2266
obligation;
2267
5. Any obligation to pay retroactive support;
2268
6. The noncustodial parent's obligation to provide for the
2269
health care needs of each child, whether through insurance
2270
coverage, contribution towards the cost of insurance coverage,
2271
payment or reimbursement of health care expenses for the child,
2272
or any combination thereof;
2273
7. The beginning date of any required monthly payments and
2274
health care coverage;
2275
8. That all support payments ordered must be paid to the
2276
Florida State Disbursement Unit as provided by s. 61.1824;
2277
9. That the parents, or caretaker relative if applicable,
2278
must file with the department when the administrative support
2279
order is rendered, if they have not already done so, and update
2280
as appropriate the information required pursuant to paragraph
2281
(13)(b);
2282
10. That both parents, or parent and caretaker relative if
2283
applicable, are required to promptly notify the department of any
2284
change in their mailing addresses pursuant to paragraph (13)(c);
2285
and
2286
11. That if the noncustodial parent ordered to pay support
2287
receives unemployment compensation benefits, the payor shall
2288
withhold, and transmit to the department, 40 percent of the
2289
benefits for payment of support, not to exceed the amount owed.
2290
2291
An income deduction order as provided by s. 61.1301 must be
2292
incorporated into the administrative support order or, if not
2293
incorporated into the administrative support order, the
2294
department or the Division of Administrative Hearings shall
2295
render a separate income deduction order.
2296
(10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER
2297
SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--
2298
(a) A noncustodial parent has the right to seek judicial
2299
review of an administrative support order or a final order
2300
denying an administrative support order in accordance with s.
2301
120.68. The department has the right to seek judicial review, in
2302
accordance with s. 120.68, of an administrative support order or
2303
a final order denying an administrative support order entered by
2304
an administrative law judge of the Division of Administrative
2305
Hearings.
2306
(b) An administrative support order rendered under this
2307
section has the same force and effect as a court order and may be
2308
enforced by any circuit court in the same manner as a support
2309
order issued by the court, except for contempt. If the circuit
2310
court issues its own order enforcing the administrative support
2311
order, the circuit court may enforce its own order by contempt.
2312
The presumption of ability to pay and purge contempt established
2313
in s. 61.14(5)(a) applies to an administrative support order that
2314
includes a finding of present ability to pay. Enforcement by the
2315
court, without any change by the court in the support obligations
2316
established in the administrative support order, does not
2317
supersede the administrative support order or affect the
2318
department's authority to modify the administrative support order
2319
as provided by subsection (12). An order by the court that
2320
requires a the noncustodial parent to make periodic payments on
2321
arrearages does not constitute a change in the support
2322
obligations established in the administrative support order and
2323
does not supersede the administrative order.
2324
(13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
2325
ADDRESS OF RECORD.--In all proceedings pursuant to this section:
2326
(a) Each The noncustodial parent and custodial parent must
2327
execute and furnish to the department, no later than 20 days
2328
after receipt of the notice of proceeding to establish
2329
administrative support order, a financial affidavit in the form
2330
prescribed by the department. An updated financial affidavit must
2331
be executed and furnished to the department at the inception of
2332
each proceeding to modify an administrative support order.
2333
Caretaker relatives are not required to furnish financial
2334
affidavits.
2335
(b) Each The noncustodial parent, custodial parent, and
2336
caretaker relative if applicable, shall disclose to the
2337
department, no later than 20 days after receipt of the notice of
2338
proceeding to establish administrative support order, and update
2339
as appropriate, information regarding his or her their identity
2340
and location, including names he or she is they are known by;
2341
social security number numbers; residential and mailing
2342
addresses; telephone numbers; driver's license numbers; and
2343
names, addresses, and telephone numbers of employers. Pursuant to
2344
the federal Personal Responsibility and Work Opportunity
2345
Reconciliation Act of 1996, each person must provide his or her
2346
social security number in accordance with this section.
2347
Disclosure of social security numbers obtained through this
2348
requirement shall be limited to the purpose of administration of
2349
the Title IV-D program for child support enforcement.
2350
(c) Each The noncustodial parent, custodial parent, and
2351
caretaker relative, if applicable, have a continuing obligation
2352
to promptly inform the department in writing of any change in his
2353
or her their mailing address addresses to ensure receipt of all
2354
subsequent pleadings, notices, payments, statements, and orders,
2355
and receipt is presumed if sent by regular mail to the most
2356
recent address furnished by the person.
2357
(17) EVALUATION.--The Office of Program Policy Analysis and
2358
Government Accountability shall conduct an evaluation of the
2359
statewide implementation of the administrative process for
2360
establishing child support provided for in this section. This
2361
evaluation shall examine whether these processes have been
2362
effectively implemented and administered statewide and are
2363
operating to the benefit of the children, including, but not
2364
limited to the ability of Title IV-D parents to easily access the
2365
court system for necessary court action. The Office of Program
2366
Policy Analysis and Government Accountability shall submit an
2367
evaluation report on the statewide implementation of the
2368
administrative processes for establishing child support by June
2369
30, 2006.
2370
Section 22. Subsections (1), (4), and (11) of section
2371
409.2564, Florida Statutes, are amended to read:
2372
409.2564 Actions for support.--
2373
(1) In each case in which regular support payments are not
2374
being made as provided herein, the department shall institute,
2375
within 30 days after determination of the obligor's reasonable
2376
ability to pay, action as is necessary to secure the obligor's
2377
payment of current support and any arrearage which may have
2378
accrued under an existing order of support. The department shall
2379
notify the program attorney in the judicial circuit in which the
2380
recipient resides setting forth the facts in the case, including
2381
the obligor's address, if known, and the public assistance case
2382
number. Whenever applicable, the procedures established under the
2383
provisions of chapter 88, Uniform Interstate Family Support Act,
2384
chapter 61, Dissolution of Marriage; Support; Time-sharing
2385
Custody, chapter 39, Proceedings Relating to Children, chapter
2386
984, Children and Families in Need of Services, and chapter 985,
2387
Delinquency; Interstate Compact on Juveniles, may govern actions
2388
instituted under the provisions of this act, except that actions
2389
for support under chapter 39, chapter 984, or chapter 985 brought
2390
pursuant to this act shall not require any additional
2391
investigation or supervision by the department.
2392
(4) Whenever the Department of Revenue has undertaken an
2393
action for enforcement of support, the Department of Revenue may
2394
enter into an agreement with the obligor for the entry of a
2395
judgment determining paternity, if applicable, and for periodic
2396
child support payments based on the child support guidelines
2397
schedule in s. 61.30. Prior to entering into this agreement, the
2398
obligor shall be informed that a judgment will be entered based
2399
on the agreement. The clerk of the court shall file the agreement
2400
without the payment of any fees or charges, and the court, upon
2401
entry of the judgment, shall forward a copy of the judgment to
2402
the parties to the action. To encourage out-of-court settlement
2403
and promote support order compliance, if the obligor and the
2404
Department of Revenue agree on entry of a support order and its
2405
terms, the guideline amount owed for retroactive support that is
2406
permanently assigned to the state shall be reduced by 25 percent.
2407
(11) The Title IV-D agency shall review child support
2408
orders in IV-D cases at least every 3 years upon request by
2409
either party, or the agency in cases where there is an assignment
2410
of support to the state under s. 414.095(7), and may seek
2411
adjustment of the order if appropriate under the guidelines
2412
schedule established in s. 61.30. Not less than once every 3
2413
years the IV-D agency shall provide notice to the parties subject
2414
to the order informing them of their right to request a review
2415
and, if appropriate, an adjustment of the child support order.
2416
Said notice requirement may be met by including appropriate
2417
language in the initial support order or any subsequent orders.
2418
Section 23. Paragraph (a) of subsection (2) of section
2419
409.25657, Florida Statutes, is amended to read:
2420
409.25657 Requirements for financial institutions.--
2421
(2) The department shall develop procedures to enter into
2422
agreements with financial institutions doing business in the
2423
state, in coordination with such financial institutions and with
2424
the Federal Parent Locator Service in the case of financial
2425
institutions doing business in two or more states, to develop and
2426
operate a data match system, using automated data exchanges to
2427
the maximum extent feasible, in which each financial institution
2428
is required to provide for each calendar quarter the name, record
2429
address, social security number or other taxpayer identification
2430
number, average daily account balance, and other identifying
2431
information for:
2432
(a) Each noncustodial parent who maintains an account at
2433
such institution and who owes past due support, as identified by
2434
the department by name and social security number or other
2435
taxpayer identification number; or
2436
Section 24. Subsections (2) and (5) of section 409.25659,
2437
Florida Statutes, are amended to read:
2438
409.25659 Insurance claim data exchange.--
2439
(2) The department shall develop and operate a data match
2440
system after consultation with one or more insurers, using
2441
automated data exchanges to the maximum extent feasible, in which
2442
an insurer may voluntarily provide the department monthly with
2443
the name, address, and, if known, date of birth and social
2444
security number or other taxpayer identification number for each
2445
noncustodial parent who has a claim with the insurer and who owes
2446
past due support, and the claim number maintained by the insurer
2447
for each claim. An insurer may provide such data by:
2448
(a) Authorizing an insurance claim data collection
2449
organization, to which the insurer subscribes and to which the
2450
insurer submits the required claim data on at least a monthly
2451
basis, to:
2452
1. Receive or access a data file from the department and
2453
conduct a data match of all noncustodial parents who have a claim
2454
with the insurer and who owe past due support and submit the
2455
required data for each such noncustodial parent to the
2456
department; or
2457
2. Submit a data file to the department which contains the
2458
required data for each claim being maintained by the insurer for
2459
the department to conduct a data match;
2460
(b) Providing the required data for each claim being
2461
maintained by the insurer directly to the department in an
2462
electronic medium; or
2463
(c) Receiving or accessing a data file from the department
2464
and conducting a data match of all noncustodial parents who have
2465
a claim with the insurer and who owe past due support and
2466
submitting the required data for each such noncustodial parent to
2467
the department.
2468
(5) The department and insurers may only use the data
2469
obtained pursuant to subsection (2) for the purpose of
2470
identifying noncustodial parents who owe past due support. If the
2471
department does not match such data with a noncustodial parent
2472
who owes past due support, such data shall be destroyed
2473
immediately and shall not be maintained by the department.
2474
Section 25. Section 409.2577, Florida Statutes, is amended
2475
to read:
2476
409.2577 Parent locator service.--The department shall
2477
establish a parent locator service to assist in locating parents
2478
who have deserted their children and other persons liable for
2479
support of dependent children. The department shall use all
2480
sources of information available, including the Federal Parent
2481
Locator Service, and may request and shall receive information
2482
from the records of any person or the state or any of its
2483
political subdivisions or any officer thereof. Any agency as
2484
defined in s. 120.52, any political subdivision, and any other
2485
person shall, upon request, provide the department any
2486
information relating to location, salary, insurance, social
2487
security, income tax, and employment history necessary to locate
2488
parents who owe or potentially owe a duty of support pursuant to
2489
Title IV-D of the Social Security Act. This provision shall
2490
expressly take precedence over any other statutory nondisclosure
2491
provision which limits the ability of an agency to disclose such
2492
information, except that law enforcement information as provided
2493
in s. 119.071(4)(d) is not required to be disclosed, and except
2494
that confidential taxpayer information possessed by the
2495
Department of Revenue shall be disclosed only to the extent
2496
authorized in s. 213.053(16). Nothing in this section requires
2497
the disclosure of information if such disclosure is prohibited by
2498
federal law. Information gathered or used by the parent locator
2499
service is confidential and exempt from the provisions of s.
2500
119.07(1). Additionally, the department is authorized to collect
2501
any additional information directly bearing on the identity and
2502
whereabouts of a person owing or asserted to be owing an
2503
obligation of support for a dependent child. The department
2504
shall, upon request, make information available only to public
2505
officials and agencies of this state; political subdivisions of
2506
this state, including any agency thereof providing child support
2507
enforcement services to non-Title IV-D clients; the custodial
2508
parent owed support, legal guardian, attorney, or agent of the
2509
child; and other states seeking to locate parents who have
2510
deserted their children and other persons liable for support of
2511
dependents, for the sole purpose of establishing, modifying, or
2512
enforcing their liability for support, and shall make such
2513
information available to the Department of Children and Family
2514
Services for the purpose of diligent search activities pursuant
2515
to chapter 39. If the department has reasonable evidence of
2516
domestic violence or child abuse and the disclosure of
2517
information could be harmful to the custodial parent owed support
2518
or the child of such parent, the child support program director
2519
or designee shall notify the Department of Children and Family
2520
Services and the Secretary of the United States Department of
2521
Health and Human Services of this evidence. Such evidence is
2522
sufficient grounds for the department to disapprove an
2523
application for location services.
2524
Section 26. Paragraph (e) of subsection (1) of section
2525
409.2579, Florida Statutes, is amended to read:
2526
409.2579 Safeguarding Title IV-D case file information.--
2527
(1) Information concerning applicants for or recipients of
2528
Title IV-D child support services is confidential and exempt from
2529
the provisions of s. 119.07(1). The use or disclosure of such
2530
information by the IV-D program is limited to purposes directly
2531
connected with:
2532
(e) Mandatory disclosure of identifying and location
2533
information as provided in s. 61.13(7)(8) by the IV-D program
2534
when providing Title IV-D services.
2535
Section 27. Subsection (11) of section 409.811, Florida
2536
Statutes, is amended to read:
2537
409.811 Definitions relating to Florida Kidcare Act.--As
2539
(11) "Family" means the group or the individuals whose
2540
income is considered in determining eligibility for the Florida
2541
Kidcare program. The family includes a child with a custodial
2542
parent or caretaker relative who resides in the same house or
2543
living unit or, in the case of a child whose disability of nonage
2544
has been removed under chapter 743, the child. The family may
2545
also include other individuals whose income and resources are
2546
considered in whole or in part in determining eligibility of the
2547
child.
2548
Section 28. Subsection (5) of section 414.0252, Florida
2549
Statutes, is amended to read:
2551
term:
2552
(5) "Family" means the assistance group or the individuals
2553
whose needs, resources, and income are considered when
2554
determining eligibility for temporary assistance. The family for
2555
purposes of temporary assistance includes the minor child, a
2556
custodial parent, or caretaker relative who resides in the same
2557
house or living unit. The family may also include individuals
2558
whose income and resources are considered in whole or in part in
2559
determining eligibility for temporary assistance but whose needs,
2560
due to federal or state restrictions, are not considered. These
2561
individuals include, but are not limited to, ineligible
2562
noncitizens or sanctioned individuals.
2563
Section 29. Paragraph (a) of subsection (4) and subsection
2564
(5) of section 414.065, Florida Statutes, are amended to read:
2565
414.065 Noncompliance with work requirements.--
2566
(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
2567
otherwise provided, the situations listed in this subsection
2568
shall constitute exceptions to the penalties for noncompliance
2569
with participation requirements, except that these situations do
2570
not constitute exceptions to the applicable time limit for
2571
receipt of temporary cash assistance:
2572
(a) Noncompliance related to child care.--Temporary cash
2573
assistance may not be terminated for refusal to participate in
2574
work activities if the individual is a single custodial parent
2575
caring for a child who has not attained 6 years of age, and the
2576
adult proves to the regional workforce board an inability to
2577
obtain needed child care for one or more of the following
2578
reasons, as defined in the Child Care and Development Fund State
2579
Plan required by 45 C.F.R. part 98:
2580
1. Unavailability of appropriate child care within a
2581
reasonable distance from the individual's home or worksite.
2582
2. Unavailability or unsuitability of informal child care
2583
by a relative or under other arrangements.
2584
3. Unavailability of appropriate and affordable formal
2585
child care arrangements.
2586
(5) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--
2587
(a) The court may order a noncustodial parent who is
2588
delinquent in support payments, pursuant to the terms of a
2589
support order, to participate in work activities under this
2590
chapter, or as provided in s. 61.14(5)(b), so that the parent may
2591
obtain employment and fulfill the obligation to provide support
2592
payments. A noncustodial parent who fails to satisfactorily
2593
engage in court-ordered work activities may be held in contempt.
2594
(b) The court may order a noncustodial parent to
2595
participate in work activities under this chapter if the child of
2596
the noncustodial parent has been placed with a relative, in an
2597
emergency shelter, in foster care, or in other substitute care,
2598
and:
2599
1. The case plan requires the noncustodial parent to
2600
participate in work activities; or
2601
2. The noncustodial parent would be eligible to participate
2602
in work activities and subject to work activity requirements if
2603
the child were living with the parent.
2604
2605
If a noncustodial parent fails to comply with the case plan, the
2606
noncustodial parent may be removed from program participation.
2607
Section 30. Paragraph (c) of subsection (1) of section
2608
414.085, Florida Statutes, is amended to read:
2609
414.085 Income eligibility standards.--
2610
(1) For purposes of program simplification and effective
2611
program management, certain income definitions, as outlined in
2612
the food stamp regulations at 7 C.F.R. s. 273.9, shall be applied
2613
to the temporary cash assistance program as determined by the
2614
department to be consistent with federal law regarding temporary
2615
cash assistance and Medicaid for needy families, except as to the
2616
following:
2617
(c) The first $50 of child support paid to a custodial
2618
parent receiving temporary cash assistance may not be disregarded
2619
in calculating the amount of temporary cash assistance for the
2620
family, unless such exclusion is required by federal law.
2621
Section 31. Subsection (2) and paragraph (a) of subsection
2622
(6) of section 414.095, Florida Statutes, are amended to read:
2623
414.095 Determining eligibility for temporary cash
2624
assistance.--
2625
(2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--
2626
(a) To be eligible for services or temporary cash
2627
assistance and Medicaid:
2628
1. An applicant must be a United States citizen, or a
2629
qualified noncitizen, as defined in this section.
2630
2. An applicant must be a legal resident of the state.
2631
3. Each member of a family must provide to the department
2632
the member's social security number or shall provide proof of
2633
application for a social security number. An individual who fails
2634
to provide a social security number, or proof of application for
2635
a social security number, is not eligible to participate in the
2636
program.
2637
4. A minor child must reside with a custodial parent or
2638
parents, with a relative caretaker who is within the specified
2639
degree of blood relationship as defined by 45 C.F.R. part 233,
2640
or, if the minor is a teen parent with a child, in a setting
2641
approved by the department as provided in subsection (14).
2642
5. Each family must have a minor child and meet the income
2643
and resource requirements of the program. All minor children who
2644
live in the family, as well as the parents of the minor children,
2645
shall be included in the eligibility determination unless
2646
specifically excluded.
2647
(b) The following members of a family are eligible to
2648
participate in the program if all eligibility requirements are
2649
met:
2650
1. A minor child who resides with a custodial parent or
2651
other adult caretaker relative.
2652
2. The parent of a minor child with whom the child resides.
2653
3. The caretaker relative with whom the minor child resides
2654
who chooses to have her or his needs and income included in the
2655
family.
2656
4. Unwed minor children and their children if the unwed
2657
minor child lives at home or in an adult-supervised setting and
2658
if temporary cash assistance is paid to an alternative payee.
2659
5. A pregnant woman.
2660
(6) CHILD SUPPORT ENFORCEMENT.--As a condition of
2661
eligibility for public assistance, the family must cooperate with
2662
the state agency responsible for administering the child support
2663
enforcement program in establishing the paternity of the child,
2664
if the child is born out of wedlock, and in obtaining support for
2665
the child or for the parent or caretaker relative and the child.
2666
Cooperation is defined as:
2667
(a) Assisting in identifying and locating a noncustodial
2668
parent with an obligation to pay child support and providing
2669
complete and accurate information on that parent;
2670
2671
This subsection does not apply if the state agency that
2672
administers the child support enforcement program determines that
2673
the parent or caretaker relative has good cause for failing to
2674
cooperate.
2675
Section 32. Subsection (1) of section 414.295, Florida
2676
Statutes, is amended to read:
2677
414.295 Temporary cash assistance programs; public records
2678
exemption.--
2679
(1) Personal identifying information of a temporary cash
2680
assistance program participant, a participant's family, or a
2681
participant's family or household member, except for information
2682
identifying a noncustodial parent with an obligation to pay child
2683
support, held by the department, the Agency for Workforce
2684
Innovation, Workforce Florida, Inc., the Department of Health,
2685
the Department of Revenue, the Department of Education, or a
2686
regional workforce board or local committee created pursuant to
2688
24(a), Art. I of the State Constitution. Such confidential and
2689
exempt information may be released for purposes directly
2690
connected with:
2691
(a) The administration of the temporary assistance for
2692
needy families plan under Title IV-A of the Social Security Act,
2693
as amended, by the department, the Agency for Workforce
2694
Innovation, Workforce Florida, Inc., the Department of Military
2695
Affairs, the Department of Health, the Department of Revenue, the
2696
Department of Education, a regional workforce board or local
2697
committee created pursuant to s. 445.007, or a school district.
2698
(b) The administration of the state's plan or program
2699
approved under Title IV-B, Title IV-D, or Title IV-E of the
2700
Social Security Act, as amended, or under Title I, Title X, Title
2701
XIV, Title XVI, Title XIX, Title XX, or Title XXI of the Social
2702
Security Act, as amended.
2703
(c) Any investigation, prosecution, or any criminal, civil,
2704
or administrative proceeding conducted in connection with the
2705
administration of any of the plans or programs specified in
2706
paragraph (a) or paragraph (b) by a federal, state, or local
2707
governmental entity, upon request by that entity, when such
2708
request is made pursuant to the proper exercise of that entity's
2709
duties and responsibilities.
2710
(d) The administration of any other state, federal, or
2711
federally assisted program that provides assistance or services
2712
on the basis of need, in cash or in kind, directly to a
2713
participant.
2714
(e) Any audit or similar activity, such as a review of
2715
expenditure reports or financial review, conducted in connection
2716
with the administration of any of the plans or programs specified
2717
in paragraph (a) or paragraph (b) by a governmental entity
2718
authorized by law to conduct such audit or activity.
2719
(f) The administration of the unemployment compensation
2720
program.
2721
(g) The reporting to the appropriate agency or official of
2722
information about known or suspected instances of physical or
2723
mental injury, sexual abuse or exploitation, or negligent
2724
treatment or maltreatment of a child or elderly person receiving
2725
assistance, if circumstances indicate that the health or welfare
2726
of the child or elderly person is threatened.
2727
(h) The administration of services to elderly persons under
2729
Section 33. Paragraph (c) of subsection (3) of section
2730
445.024, Florida Statutes, is amended to read:
2731
445.024 Work requirements.--
2732
(3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
2733
following individuals are exempt from work activity requirements:
2734
(c) A single custodial parent of a child under 3 months of
2735
age, except that the parent may be required to attend parenting
2736
classes or other activities to better prepare for the
2737
responsibilities of raising a child.
2738
Section 34. Paragraphs (b), (c), and (d) of subsection (3)
2739
of section 741.0306, Florida Statutes, are amended to read:
2740
741.0306 Creation of a family law handbook.--
2741
(3) The information contained in the handbook or other
2742
electronic media presentation may be reviewed and updated
2743
annually, and may include, but need not be limited to:
2744
(b) Shared parental responsibility for children and; the
2745
determination of a parenting plan, including a time-sharing
2746
schedule primary residence or custody and secondary residence or
2747
routine visitation, holiday, summer, and vacation visitation
2748
arrangements, telephone access, and the process for notice for
2749
changes.
2750
(c) Permanent relocation restrictions on parents with
2751
primary residential responsibility.
2752
(d) Child support for minor children; both parents are
2753
obligated for support in accordance with applicable child support
2754
guidelines schedule.
2755
Section 35. Paragraphs (b) and (d) of subsection (3),
2756
paragraph (a) of subsection (5), and paragraph (a) of subsection
2757
(6) of section 741.30, Florida Statutes, are amended to read:
2758
741.30 Domestic violence; injunction; powers and duties of
2759
court and clerk; petition; notice and hearing; temporary
2760
injunction; issuance of injunction; statewide verification
2761
system; enforcement.--
2762
(3)
2763
(b) The sworn petition shall be in substantially the
2764
following form:
2765
2766
PETITION FOR
2767
INJUNCTION FOR PROTECTION
2768
AGAINST DOMESTIC VIOLENCE
2769
2770
Before me, the undersigned authority, personally appeared
2771
Petitioner (Name) , who has been sworn and says that the
2772
following statements are true:
2773
(a) Petitioner resides at: (address)
2774
(Petitioner may furnish address to the court in a separate
2775
confidential filing if, for safety reasons, the petitioner
2776
requires the location of the current residence to be
2777
confidential.)
2778
(b) Respondent resides at: (last known address)
2779
(c) Respondent's last known place of employment: (name of
2780
business and address)
2781
(d) Physical description of respondent: _____
2782
Race_____
2783
Sex_____
2784
Date of birth_____
2785
Height_____
2786
Weight_____
2787
Eye color_____
2788
Hair color_____
2789
Distinguishing marks or scars_____
2790
(e) Aliases of respondent: _____
2791
(f) Respondent is the spouse or former spouse of the
2792
petitioner or is any other person related by blood or marriage to
2793
the petitioner or is any other person who is or was residing
2794
within a single dwelling unit with the petitioner, as if a
2795
family, or is a person with whom the petitioner has a child in
2796
common, regardless of whether the petitioner and respondent are
2797
or were married or residing together, as if a family.
2798
(g) The following describes any other cause of action
2799
currently pending between the petitioner and respondent:
2800
2801
The petitioner should also describe any previous or pending
2802
attempts by the petitioner to obtain an injunction for protection
2803
against domestic violence in this or any other circuit, and the
2804
results of that attempt
2805
2806
Case numbers should be included if available.
2807
(h) Petitioner is either a victim of domestic violence or
2808
has reasonable cause to believe he or she is in imminent danger
2809
of becoming a victim of domestic violence because respondent has
2810
_____(mark all sections that apply and describe in the spaces
2811
below the incidents of violence or threats of violence,
2812
specifying when and where they occurred, including, but not
2813
limited to, locations such as a home, school, place of
2814
employment, or visitation exchange)_____:
2815
_____committed or threatened to commit domestic violence
2816
defined in s. 741.28, Florida Statutes, as any assault,
2817
aggravated assault, battery, aggravated battery, sexual assault,
2818
sexual battery, stalking, aggravated stalking, kidnapping, false
2819
imprisonment, or any criminal offense resulting in physical
2820
injury or death of one family or household member by another.
2821
With the exception of persons who are parents of a child in
2822
common, the family or household members must be currently
2823
residing or have in the past resided together in the same single
2824
dwelling unit.
2825
_____previously threatened, harassed, stalked, or physically
2826
abused the petitioner.
2827
_____attempted to harm the petitioner or family members or
2828
individuals closely associated with the petitioner.
2829
_____threatened to conceal, kidnap, or harm the petitioner's
2830
child or children.
2831
_____intentionally injured or killed a family pet.
2832
_____used, or has threatened to use, against the petitioner
2833
any weapons such as guns or knives.
2834
_____physically restrained the petitioner from leaving the
2835
home or calling law enforcement.
2836
_____a criminal history involving violence or the threat of
2837
violence (if known).
2838
_____another order of protection issued against him or her
2839
previously or from another jurisdiction (if known).
2840
_____destroyed personal property, including, but not limited
2841
to, telephones or other communication equipment, clothing, or
2842
other items belonging to the petitioner.
2843
_____engaged in any other behavior or conduct that leads the
2844
petitioner to have reasonable cause to believe he or she is in
2845
imminent danger of becoming a victim of domestic violence.
2846
(i) Petitioner alleges the following additional specific
2847
facts: (mark appropriate sections)
2848
_____ A minor child or minor children reside with the
2849
petitioner is the custodian of a minor child or children whose
2850
names and ages are as follows:
2851
2852
_____Petitioner needs the exclusive use and possession of
2853
the dwelling that the parties share.
2854
_____Petitioner is unable to obtain safe alternative housing
2855
because:
2856
_____Petitioner genuinely fears that respondent imminently
2857
will abuse, remove, or hide the minor child or children from
2858
petitioner because:
2859
2860
(j) Petitioner genuinely fears imminent domestic violence
2861
by respondent.
2862
(k) Petitioner seeks an injunction: (mark appropriate
2863
section or sections)
2864
_____Immediately restraining the respondent from committing
2865
any acts of domestic violence.
2866
_____Restraining the respondent from committing any acts of
2867
domestic violence.
2868
_____Awarding to the petitioner the temporary exclusive use
2869
and possession of the dwelling that the parties share or
2870
excluding the respondent from the residence of the petitioner.
2871
_____Providing a temporary parenting plan, including a
2872
temporary time-sharing schedule Awarding temporary custody of, or
2873
temporary visitation rights with regard to, the minor child or
2874
children of the parties which might involve, or prohibiting or
2875
limiting time-sharing or requiring that it be visitation to that
2876
which is supervised by a third party.
2877
_____Establishing temporary support for the minor child or
2878
children or the petitioner.
2879
_____Directing the respondent to participate in a batterers'
2880
intervention program or other treatment pursuant to s. 39.901,
2881
Florida Statutes.
2882
_____Providing any terms the court deems necessary for the
2883
protection of a victim of domestic violence, or any minor
2884
children of the victim, including any injunctions or directives
2885
to law enforcement agencies.
2886
(d) If the sworn petition seeks to determine a parenting
2887
plan and time-sharing schedule issues of custody or visitation
2888
with regard to the minor child or children of the parties, the
2889
sworn petition shall be accompanied by or shall incorporate the
2890
allegations required by s. 61.522 of the Uniform Child Custody
2891
Jurisdiction and Enforcement Act.
2892
(5)(a) When it appears to the court that an immediate and
2893
present danger of domestic violence exists, the court may grant a
2894
temporary injunction ex parte, pending a full hearing, and may
2895
grant such relief as the court deems proper, including an
2896
injunction:
2897
1. Restraining the respondent from committing any acts of
2898
domestic violence.
2899
2. Awarding to the petitioner the temporary exclusive use
2900
and possession of the dwelling that the parties share or
2901
excluding the respondent from the residence of the petitioner.
2902
3. On the same basis as provided in s. 61.13, providing the
2903
petitioner with 100 percent of the time-sharing that shall remain
2904
granting to the petitioner temporary custody of a minor child. An
2905
order of temporary custody remains in effect until the order
2906
expires or an order is entered by a court of competent
2907
jurisdiction in a pending or subsequent civil action or
2908
proceeding affecting the placement of, access to, parental time
2909
with, adoption of, or parental rights and responsibilities for
2910
the minor child.
2911
(6)(a) Upon notice and hearing, when it appears to the
2912
court that the petitioner is either the victim of domestic
2913
violence as defined by s. 741.28 or has reasonable cause to
2914
believe he or she is in imminent danger of becoming a victim of
2915
domestic violence, the court may grant such relief as the court
2916
deems proper, including an injunction:
2917
1. Restraining the respondent from committing any acts of
2918
domestic violence.
2919
2. Awarding to the petitioner the exclusive use and
2920
possession of the dwelling that the parties share or excluding
2921
the respondent from the residence of the petitioner.
2922
3. On the same basis as provided in chapter 61, providing
2923
the petitioner with 100 percent of the time-sharing in a
2924
temporary parenting plan that shall remain awarding temporary
2925
custody of, or temporary visitation rights with regard to, a
2926
minor child or children of the parties. An order of temporary
2927
custody or visitation remains in effect until the order expires
2928
or an order is entered by a court of competent jurisdiction in a
2929
pending or subsequent civil action or proceeding affecting the
2930
placement of, access to, parental time with, adoption of, or
2931
parental rights and responsibilities for the minor child.
2932
4. On the same basis as provided in chapter 61,
2933
establishing temporary support for a minor child or children or
2934
the petitioner. An order of temporary support remains in effect
2935
until the order expires or an order is entered by a court of
2936
competent jurisdiction in a pending or subsequent civil action or
2937
proceeding affecting child support.
2938
5. Ordering the respondent to participate in treatment,
2939
intervention, or counseling services to be paid for by the
2940
respondent. When the court orders the respondent to participate
2941
in a batterers' intervention program, the court, or any entity
2942
designated by the court, must provide the respondent with a list
2943
of all certified batterers' intervention programs and all
2944
programs which have submitted an application to the Department of
2945
Children and Family Services to become certified under s. 741.32,
2946
from which the respondent must choose a program in which to
2947
participate. If there are no certified batterers' intervention
2948
programs in the circuit, the court shall provide a list of
2949
acceptable programs from which the respondent must choose a
2950
program in which to participate.
2951
6. Referring a petitioner to a certified domestic violence
2952
center. The court must provide the petitioner with a list of
2953
certified domestic violence centers in the circuit which the
2954
petitioner may contact.
2955
7. Ordering such other relief as the court deems necessary
2956
for the protection of a victim of domestic violence, including
2957
injunctions or directives to law enforcement agencies, as
2958
provided in this section.
2959
Section 36. Subsections (1) and (2) of section 742.031,
2960
Florida Statutes, are amended to read:
2961
742.031 Hearings; court orders for support, hospital
2962
expenses, and attorney's fee.--
2963
(1) Hearings for the purpose of establishing or refuting
2964
the allegations of the complaint and answer shall be held in the
2965
chambers and may be restricted to persons, in addition to the
2966
parties involved and their counsel, as the judge in his or her
2967
discretion may direct. The court shall determine the issues of
2968
paternity of the child and the ability of the parents to support
2969
the child. Each party's social security number shall be recorded
2970
in the file containing the adjudication of paternity. If the
2971
court finds that the alleged father is the father of the child,
2972
it shall so order. If appropriate, the court shall order the
2973
father to pay the complainant, her guardian, or any other person
2974
assuming responsibility for the child moneys sufficient to pay
2975
reasonable attorney's fees, hospital or medical expenses, cost of
2976
confinement, and any other expenses incident to the birth of the
2977
child and to pay all costs of the proceeding. Bills for
2978
pregnancy, childbirth, and scientific testing are admissible as
2979
evidence without requiring third-party foundation testimony, and
2980
shall constitute prima facie evidence of amounts incurred for
2981
such services or for testing on behalf of the child. The court
2982
shall order either or both parents owing a duty of support to the
2983
child to pay support pursuant to s. 61.30. The court shall issue,
2984
upon motion by a party, a temporary order requiring the provision
2985
of child support pursuant to s. 61.30 pending an administrative
2986
or judicial determination of parentage, if there is clear and
2987
convincing evidence of paternity on the basis of genetic tests or
2988
other evidence. The court may also make a determination of an
2989
appropriate parenting plan, including a time-sharing schedule, as
2990
to the parental responsibility and residential care and custody
2991
of the minor children in accordance with chapter 61.
2992
(2) If a judgment of paternity contains only a child
2993
support award with no parenting plan or time-sharing schedule,
2994
the obligee parent shall receive all of the time-sharing and sole
2995
parental responsibility no explicit award of custody, the
2996
establishment of a support obligation or of visitation rights in
2997
one parent shall be considered a judgment granting primary
2998
residential care and custody to the other parent without
2999
prejudice to the obligor parent. If a paternity judgment contains
3000
no such provisions, custody shall be presumed to be with the
3001
mother shall be presumed to have all of the time-sharing and sole
3002
parental responsibility.
3003
Section 37. Subsection (3) of section 753.01, Florida
3004
Statutes, is amended to read:
3005
753.01 Definitions.--As used in this chapter, the term:
3006
(3) "Exchange monitoring" means supervision of movement of
3007
a child from one parent the custodial to the other noncustodial
3008
parent at the start of the visit and back to the first custodial
3009
parent at the end of the visit.
3010
Section 38. Subsection (1) of section 827.06, Florida
3011
Statutes, is amended to read:
3012
827.06 Nonsupport of dependents.--
3013
(1) The Legislature finds that most noncustodial parents
3014
want to support their children and remain connected to their
3015
families. The Legislature also finds that while many noncustodial
3016
parents lack the financial resources and other skills necessary
3017
to provide that support, some parents willfully fail to provide
3018
support to their children even when they are aware of the
3019
obligation and have the ability to do so. The Legislature further
3020
finds that existing statutory provisions for civil enforcement of
3021
support have not proven sufficiently effective or efficient in
3022
gaining adequate support for all children. Recognizing that it is
3023
the public policy of this state that children shall be maintained
3024
primarily from the resources of their parents, thereby relieving,
3025
at least in part, the burden presently borne by the general
3026
citizenry through public assistance programs, it is the intent of
3027
the Legislature that the criminal penalties provided for in this
3028
section are to be pursued in all appropriate cases where civil
3029
enforcement has not resulted in payment.
3030
Section 39. For the purpose of incorporating the amendment
3031
made by this act to section 741.30, Florida Statutes, in a
3032
reference thereto, paragraph (a) of subsection (3) of section
3033
61.1825, Florida Statutes, is reenacted to read:
3034
61.1825 State Case Registry.--
3035
(3)(a) For the purpose of this section, a family violence
3036
indicator must be placed on a record when:
3037
1. A party executes a sworn statement requesting that a
3038
family violence indicator be placed on that party's record which
3039
states that the party has reason to believe that release of
3040
information to the Federal Case Registry may result in physical
3041
or emotional harm to the party or the child; or
3042
2. A temporary or final injunction for protection against
3043
domestic violence has been granted pursuant to s. 741.30(6), an
3044
injunction for protection against domestic violence has been
3045
issued by a court of a foreign state pursuant to s. 741.315, or a
3046
temporary or final injunction for protection against repeat
3047
violence has been granted pursuant to s. 784.046; or
3048
3. The department has received information on a Title IV-D
3049
case from the Domestic Violence and Repeat Violence Injunction
3050
Statewide Verification System, established pursuant to s.
3051
784.046(8)(b), that a court has granted a party a domestic
3052
violence or repeat violence injunction.
3053
Section 40. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.