Florida Senate - 2008 CS for SB 2532
By the Committee on Children, Families, and Elder Affairs; and Senator Lynn
586-06447A-08 20082532c1
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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 time-sharing is temporarily modified due to a
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parent's military service; conforming provisions to
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61.1827, F.S.; conforming provisions to changes in
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terminology; conforming a cross-reference; amending s.
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61.20, F.S.; conforming provisions to changes in
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terminology; revising provisions relating to social
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investigation and recommendations regarding a parenting
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plan; amending s. 61.21, F.S.; conforming provisions to
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changes in terminology; amending s. 61.30, F.S.;
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conforming provisions to changes in terminology; amending
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conforming provisions to changes in terminology; amending
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s. 409.2563, F.S.; conforming provisions to changes in
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terminology; revising provisions relating to presumption
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of a parent's income for the purpose of establishing a
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support obligation; deleting an obsolete provision
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concerning a study by the Office of Program Policy
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Analysis and Government Accountability; amending ss.
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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; requiring a review
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of the handbook and report to the Legislature; amending s.
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741.30, F.S.; conforming provisions to changes in
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terminology; amending s. 742.031, F.S.; conforming
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provisions to changes in terminology; providing for time-
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sharing and parental responsibility in paternity
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conforming provisions to changes in terminology;
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reenacting s. 61.1825(3)(a), F.S., relating to relating to
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the State Case Registry, to incorporate the amendments
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made to s. 741.30, F.S., in a reference thereto; providing
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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, the term:
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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 psychologist licensed under chapter 490.
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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
490
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
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communicate with the child.
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(c)(b)1. The court shall determine all matters relating to
496
parenting and time-sharing custody of each minor child of the
497
parties in accordance with the best interests of the child and in
498
accordance with the Uniform Child Custody Jurisdiction and
499
Enforcement Act. It is the public policy of this state to assure
500
that each minor child has frequent and continuing contact with
501
both parents after the parents separate or the marriage of the
502
parties is dissolved and to encourage parents to share the rights
503
and responsibilities, and joys, of childrearing. There is no
504
presumption for or against After considering all relevant facts,
505
the father or mother of the child when creating or modifying the
506
parenting plan shall be given the same consideration as the
507
mother in determining the primary residence of a child
508
irrespective of the age or sex of the child.
509
2. The court shall order that the parental responsibility
510
for a minor child be shared by both parents unless the court
511
finds that shared parental responsibility would be detrimental to
512
the child. Evidence that a parent has been convicted of a felony
513
of the third degree or higher involving domestic violence, as
514
defined in s. 741.28 and chapter 775, or meets the criteria of s.
515
39.806(1)(d), creates a rebuttable presumption of detriment to
516
the child. If the presumption is not rebutted, shared parental
517
responsibility, including time-sharing with visitation, residence
518
of the child, and decisions made regarding the child, may not be
519
granted to the convicted parent. However, the convicted parent is
520
not relieved of any obligation to provide financial support. If
521
the court determines that shared parental responsibility would be
522
detrimental to the child, it may order sole parental
523
responsibility and make such arrangements for time-sharing as
524
specified in the parenting plan visitation as will best protect
525
the child or abused spouse from further harm. Whether or not
526
there is a conviction of any offense of domestic violence or
527
child abuse or the existence of an injunction for protection
528
against domestic violence, the court shall consider evidence of
529
domestic violence or child abuse as evidence of detriment to the
530
child.
531
a. In ordering shared parental responsibility, the court
532
may consider the expressed desires of the parents and may grant
533
to one party the ultimate responsibility over specific aspects of
534
the child's welfare or may divide those responsibilities between
535
the parties based on the best interests of the child. Areas of
536
responsibility may include primary residence, education, health
537
care medical and dental care, and any other responsibilities that
538
the court finds unique to a particular family.
539
b. The court shall order "sole parental responsibility for
540
a minor child to one parent, with or without time-sharing with
541
visitation rights, to the other parent" when it is in the best
542
interests of" the minor child.
543
3. Access to records and information pertaining to a minor
544
child, including, but not limited to, medical, dental, and school
545
records, may not be denied to either a parent because the parent
546
is not the child's primary residential parent. Full rights under
547
this subparagraph apply to either parent unless a court order
548
specifically revokes these rights, including any restrictions on
549
these rights as provided in a domestic violence injunction. A
550
parent having rights under this subparagraph has the same rights
551
upon request as to form, substance, and manner of access as are
552
available to the other parent of a child, including, without
553
limitation, the right to in-person communication with medical,
554
dental, and education providers.
555
(d)(c) The circuit court in the county in which either
556
parent and the child reside or the circuit court in which the
557
original order approving or creating the parenting plan award of
558
custody was entered has have jurisdiction to modify the parenting
559
plan an award of child custody. The court may change the venue in
560
accordance with s. 47.122.
561
(3) For purposes of establishing or modifying parental
562
responsibility and creating, developing, approving, or modifying
563
a parenting plan, including a time-sharing schedule, which
564
governs each parent's relationship with his or her minor child
565
and the relationship between each parent with regard to his or
566
her minor child, the best interest of the child shall be the
567
primary consideration. Determination of the best interests of the
568
child shall be made by evaluating all of the factors affecting
569
the welfare and interests of the minor child, including, but not
570
limited to:
571
(a) The demonstrated capacity and disposition of each
572
parent to facilitate and encourage a close and continuing parent-
573
child relationship, to honor the time-sharing schedule, and to be
574
reasonable when changes are required.
575
(b) The anticipated division of parental responsibilities
576
after the litigation, including the extent to which parental
577
responsibilities will be delegated to third parties.
578
(c) The demonstrated capacity and disposition of each
579
parent to determine, consider, and act upon the needs of the
580
child as opposed to the needs or desires of the parent. shared
581
parental responsibility and primary residence, the best interests
582
of the child shall include an evaluation of all factors affecting
583
the welfare and interests of the child, including, but not
584
limited to:
585
(a) The parent who is more likely to allow the child
586
frequent and continuing contact with the nonresidential parent.
587
(b) The love, affection, and other emotional ties existing
588
between the parents and the child.
589
(c) The capacity and disposition of the parents to provide
590
the child with food, clothing, medical care or other remedial
591
care recognized and permitted under the laws of this state in
592
lieu of medical care, and other material needs.
593
(d) The length of time the child has lived in a stable,
594
satisfactory environment and the desirability of maintaining
595
continuity.
596
(e) The geographic viability of the parenting plan, with
597
special attention paid to the needs of school-age children and
598
the amount of time to be spent traveling to effectuate the
599
parenting plan. This factor does not create a presumption for or
600
against relocation of either parent with a child The permanence,
601
as a family unit, of the existing or proposed custodial home.
602
(f) The moral fitness of the parents.
603
(g) The mental and physical health of the parents.
604
(h) The demonstrated knowledge, capacity, and disposition
605
of each parent to be informed of the circumstances of the minor
606
child, including, but not limited to, the child's friends,
607
teachers, medical care providers, daily activities, and favorite
608
things The home, school, and community record of the child.
609
(i) The demonstrated capacity and disposition of each
610
parent to provide a consistent routine for the child, such as
611
discipline, and daily schedules for homework, meals, and bedtime
612
The reasonable preference of the child, if the court deems the
613
child to be of sufficient intelligence, understanding, and
614
experience to express a preference.
615
(j) The demonstrated capacity of each parent to communicate
616
with the other parent and keep the other parent informed of
617
issues and activities regarding the minor child, and the
618
willingness of each parent to adopt a unified front on all major
619
issues when dealing with the child The willingness and ability of
620
each parent to facilitate and encourage a close and continuing
621
parent-child relationship between the child and the other parent.
622
(k) Evidence of domestic violence, sexual violence, child
623
abuse, child abandonment, or child neglect, regardless of whether
624
a prior or pending action regarding those issues has been brought
625
that any party has knowingly provided false information to the
626
court regarding a domestic violence proceeding pursuant to s.
627
628
(l) Evidence that either parent has knowingly provided
629
false information to the court regarding any prior or pending
630
action regarding domestic violence, sexual violence, child abuse,
631
child abandonment, or child neglect of domestic violence or child
632
abuse.
633
(m) The particular parenting tasks customarily performed by
634
each parent and the division of parental responsibilities before
635
the institution of litigations and during the pending litigation,
636
including the extent to which parenting responsibilities were
637
undertaken by third parties Any other fact considered by the
638
court to be relevant.
639
(n) The demonstrated capacity and disposition of each
640
parent to participate and be involved in the child's school and
641
extracurricular activities.
642
(o) The demonstrated capacity and disposition of each
643
parent to maintain an environment for the child which is free
644
from substance abuse.
645
(p) The capacity and disposition of each parent to protect
646
the child from the ongoing litigation as demonstrated by not
647
discussing the litigation with the child, not sharing documents
648
or electronic media related to the litigation with the child, and
649
refraining from disparaging comments about the other parent to
650
the child.
651
(q) The developmental stages and needs of the child and the
652
demonstrated capacity and disposition of each parent to meet the
653
child's developmental needs.
654
(r) Any other factor that is relevant to the determination
655
of a specific parenting plan, including the time-sharing
656
schedule.
657
(4)(a) When a noncustodial parent who is ordered to pay
658
child support or alimony and who is awarded visitation rights
659
fails to pay child support or alimony, the custodial parent who
660
should have received the child support or alimony may shall not
661
refuse to honor the time-sharing schedule presently in effect
662
between the parents noncustodial parent's visitation rights.
663
(b) When a custodial parent refuses to honor the other a
664
noncustodial parent's visitation rights under the time-sharing
665
schedule, the noncustodial parent whose time-sharing rights were
666
violated shall continue not fail to pay any ordered child support
667
or alimony.
668
(c) When a custodial parent refuses to honor the time-
669
sharing schedule in the parenting plan a noncustodial parent's or
670
grandparent's visitation rights without proper cause, the court:
671
1. Shall, after calculating the amount of time-sharing
672
visitation improperly denied, award the noncustodial parent
673
denied time or grandparent a sufficient amount of extra time-
674
sharing visitation to compensate for the time-sharing missed, and
675
such time-sharing the noncustodial parent or grandparent, which
676
visitation shall be ordered as expeditiously as possible in a
677
manner consistent with the best interests of the child and
678
scheduled in a manner that is convenient for the parent person
679
deprived of time-sharing visitation. In ordering any makeup time-
680
sharing visitation, the court shall schedule such time-sharing
681
visitation in a manner that is consistent with the best interests
682
of the child or children and that is convenient for the
683
nonoffending noncustodial parent and at the expense of the
684
noncompliant parent. or grandparent. In addition, the court:
685
2.1. May order the custodial parent who did not provide
686
time-sharing or did not properly exercise time-sharing under the
687
time-sharing schedule to pay reasonable court costs and
688
attorney's fees incurred by the nonoffending noncustodial parent
689
or grandparent to enforce the time-sharing schedule. their
690
visitation rights or make up improperly denied visitation;
691
3.2. May order the custodial parent who did not provide
692
time-sharing or did not properly exercise time-sharing under the
693
time-sharing schedule to attend a the parenting course approved
694
by the judicial circuit.;
695
4.3. May order the custodial parent who did not provide
696
time-sharing or did not properly exercise time-sharing under the
697
time-sharing schedule to do community service if the order will
698
not interfere with the welfare of the child.;
699
5.4. May order the custodial parent who did not provide
700
time-sharing or did not properly exercise time-sharing under the
701
time-sharing schedule to have the financial burden of promoting
702
frequent and continuing contact when that the custodial parent
703
and child reside further than 60 miles from the other
704
noncustodial parent.;
705
6.5. May award custody, rotating custody, or primary
706
residence to the noncustodial parent, upon the request of the
707
noncustodial parent who did not violate the time-sharing
708
schedule, modify the parenting plan if modification the award is
709
in the best interests of the child.; or
710
7.6. May impose any other reasonable sanction as a result
711
of noncompliance.
712
(d) A person who violates this subsection may be punished
713
by contempt of court or other remedies as the court deems
714
appropriate.
715
(5) The court may make specific orders regarding the
716
parenting plan and time-sharing schedule for the care and custody
717
of the minor child as such orders relate to from the
718
circumstances of the parties and the nature of the case and are
719
is equitable and provide for child support in accordance with the
720
guidelines schedule in s. 61.30. An order for equal time-sharing
721
for award of shared parental responsibility of a minor child does
722
not preclude the court from entering an order for child support
723
of the child.
724
(6) In any proceeding under this section, the court may not
725
deny shared parental responsibility and time-sharing, custody, or
726
visitation rights to a parent or grandparent solely because that
727
parent or grandparent is or is believed to be infected with human
728
immunodeficiency virus,; but the court may condition such rights
729
to require that parent in an order approving the parenting plan
730
upon the parent's or grandparent's agreement to observe measures
731
approved by the Centers for Disease Control and Prevention of the
732
United States Public Health Service or by the Department of
733
Health for preventing the spread of human immunodeficiency virus
734
to the child.
735
(7) If the court orders that parental responsibility,
736
including visitation, be shared by both parents, the court may
737
not deny the noncustodial parent overnight contact and access to
738
or visitation with the child solely because of the age or sex of
739
the child.
740
(7)(8)(a) Beginning July 1, 1997, Each party to any
741
paternity or support proceeding is required to file with the
742
tribunal as defined in s. 88.1011(22) and State Case Registry
743
upon entry of an order, and to update as appropriate, information
744
on location and identity of the party, including social security
745
number, residential and mailing addresses, telephone number,
746
driver's license number, and name, address, and telephone number
747
of employer. Beginning October 1, 1998, Each party to any
748
paternity or child support proceeding in a non-Title IV-D case
749
shall meet the above requirements for updating the tribunal and
750
State Case Registry.
751
(b) Pursuant to the federal Personal Responsibility and
752
Work Opportunity Reconciliation Act of 1996, each party is
753
required to provide his or her social security number in
754
accordance with this section. Disclosure of social security
755
numbers obtained through this requirement shall be limited to the
756
purpose of administration of the Title IV-D program for child
757
support enforcement.
758
(c) Beginning July 1, 1997, In any subsequent Title IV-D
759
child support enforcement action between the parties, upon
760
sufficient showing that diligent effort has been made to
761
ascertain the location of such a party, the court of competent
762
jurisdiction shall deem state due process requirements for notice
763
and service of process to be met with respect to the party, upon
764
delivery of written notice to the most recent residential or
765
employer address filed with the tribunal and State Case Registry
766
pursuant to paragraph (a). Beginning October 1, 1998, In any
767
subsequent non-Title IV-D child support enforcement action
768
between the parties, the same requirements for service shall
769
apply.
770
(8)(9) At the time an order for child support is entered,
771
each party is required to provide his or her social security
772
number and date of birth to the court, as well as the name, date
773
of birth, and social security number of each minor child that is
774
the subject of such child support order. Pursuant to the federal
775
Personal Responsibility and Work Opportunity Reconciliation Act
776
of 1996, each party is required to provide his or her social
777
security number in accordance with this section. All social
778
security numbers required by this section shall be provided by
779
the parties and maintained by the depository as a separate
780
attachment in the file. Disclosure of social security numbers
781
obtained through this requirement shall be limited to the purpose
782
of administration of the Title IV-D program for child support
783
enforcement.
784
Section 9. Section 61.13001, Florida Statutes, is amended
785
to read:
786
61.13001 Parental relocation with a child.--
787
(1) DEFINITIONS.--As used in this section, the term:
788
(a) "Change of residence address" means the relocation of a
789
child to a principal residence more than 50 miles away from his
790
or her principal place of residence at the time of the entry of
791
the last order establishing or modifying the parenting plan or
792
the time-sharing schedule or both for designation of the primary
793
residential parent or the custody of the minor child, unless the
794
move places the principal residence of the minor child less than
795
50 miles from either the nonresidential parent.
796
(b) "Child" means any person who is under the jurisdiction
797
of a state court pursuant to the Uniform Child Custody
798
Jurisdiction and Enforcement Act or is the subject of any order
799
granting to a parent or other person any right to time-sharing,
800
residential care, kinship, or custody, or visitation as provided
801
under state law.
802
(c) "Court" means the circuit court in an original
803
proceeding which has proper venue and jurisdiction in accordance
804
with the Uniform Child Custody Jurisdiction and Enforcement Act,
805
the circuit court in the county in which either parent and the
806
child reside, or the circuit court in which the original action
807
was adjudicated.
808
(d) "Other person" means an individual who is not the
809
parent and who, by court order, maintains the primary residence
810
of a child or has visitation rights with a child.
811
(e) "Parent" means any person so named by court order or
812
express written agreement that is subject to court enforcement or
813
a person reflected as a parent on a birth certificate and in
814
whose home a child maintains a primary or secondary residence.
815
(f) "Person entitled to be the primary residential parent
816
of a child" means a person so designated by court order or by an
817
express written agreement that is subject to court enforcement or
818
a person seeking such a designation, or, when neither parent has
819
been designated as primary residential parent, the person seeking
820
to relocate with a child.
821
(g) "Principal residence of a child" means the home of the
822
designated primary residential parent. For purposes of this
823
section only, when rotating custody is in effect, each parent
824
shall be considered to be the primary residential parent.
825
(f)(h) "Relocation" means a change in the principal
826
residence of a child for a period of 60 consecutive days or more
827
but does not include a temporary absence from the principal
828
residence for purposes of vacation, education, or the provision
829
of health care for the child.
830
(2) RELOCATION BY AGREEMENT.--
831
(a) If the parents primary residential parent and the other
832
parent and every other person entitled to time-sharing visitation
833
with the child agree to the relocation of the child child's
834
principal residence, they may satisfy the requirements of this
835
section by signing a written agreement that:
836
1. Reflects the consent to the relocation;
837
2. Defines a time-sharing schedule the visitation rights
838
for the nonrelocating parent and any other persons who are
839
entitled to time-sharing visitation; and
840
3. Describes, if necessary, any transportation arrangements
841
related to the visitation.
842
(b) If there is an existing cause of action, judgment, or
843
decree of record pertaining to the child's primary residence or a
844
time-sharing schedule visitation, the parties shall seek
845
ratification of the agreement by court order without the
846
necessity of an evidentiary hearing unless a hearing is
847
requested, in writing, by one or more of the parties to the
848
agreement within 10 days after the date the agreement is filed
849
with the court. If a hearing is not timely requested, it shall be
850
presumed that the relocation is in the best interest of the child
851
and the court may ratify the agreement without an evidentiary
852
hearing.
853
(3) NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an
854
agreement has been entered as described in subsection (2), a
855
parent who is entitled to time-sharing with primary residence of
856
the child shall notify the other parent, and every other person
857
entitled to time-sharing visitation with the child, of a proposed
858
relocation of the child's principal residence. The form of notice
859
shall be according to this section:
860
(a) The parent seeking to relocate shall prepare a Notice
861
of Intent to Relocate. The following information must be included
862
with the Notice of Intent to Relocate and signed under oath under
863
penalty of perjury:
864
1. A description of the location of the intended new
865
residence, including the state, city, and specific physical
866
address, if known.
867
2. The mailing address of the intended new residence, if
868
not the same as the physical address, if known.
869
3. The home telephone number of the intended new residence,
870
if known.
871
4. The date of the intended move or proposed relocation.
872
5. A detailed statement of the specific reasons for the
873
proposed relocation of the child. If one of the reasons is based
874
upon a job offer which has been reduced to writing, that written
875
job offer must be attached to the Notice of Intent to Relocate.
876
6. A proposal for the revised postrelocation schedule of
877
time-sharing visitation together with a proposal for the
878
postrelocation transportation arrangements necessary to
879
effectuate time-sharing visitation with the child. Absent the
880
existence of a current, valid order abating, terminating, or
881
restricting visitation or other good cause predating the Notice
882
of Intent to Relocate, failure to comply with this provision
883
renders the Notice of Intent to Relocate legally insufficient.
884
7. Substantially the following statement, in all capital
885
letters and in the same size type, or larger, as the type in the
886
remainder of the notice:
887
888
AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
889
FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
890
SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
891
OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
892
RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
893
THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
894
WITHOUT A HEARING.
895
8. The mailing address of the parent or other person
896
seeking to relocate to which the objection filed under subsection
897
(5) to the Notice of Intent to Relocate should be sent.
898
899
The contents of the Notice of Intent to Relocate are not
900
privileged. For purposes of encouraging amicable resolution of
901
the relocation issue, a copy of the Notice of Intent to Relocate
902
shall initially not be filed with the court but instead served
903
upon the nonrelocating parent, other person, and every other
904
person entitled to time-sharing visitation with the child, and
905
the original thereof shall be maintained by the parent or other
906
person seeking to relocate.
907
(b) The parent seeking to relocate shall also prepare a
908
Certificate of Serving Filing Notice of Intent to Relocate. The
909
certificate shall certify the date that the Notice of Intent to
910
Relocate was served on the other parent and on every other person
911
entitled to time-sharing visitation with the child.
912
(c) The Notice of Intent to Relocate, and the Certificate
913
of Serving Filing Notice of Intent to Relocate, shall be served
914
on the other parent and on every other person entitled to time-
915
sharing visitation with the child. If there is a pending court
916
action regarding the child, service of process may be according
917
to court rule. Otherwise, service of process shall be according
918
to chapters 48 and 49 or via certified mail, restricted delivery,
919
return receipt requested.
920
(d) A person giving notice of a proposed relocation or
921
change of residence address under this section has a continuing
922
duty to provide current and updated information required by this
923
section when that information becomes known.
924
(e) If the other parent and any other person entitled to
925
time-sharing visitation with the child fails to timely file an
926
objection, it shall be presumed that the relocation is in the
927
best interest of the child, the relocation shall be allowed, and
928
the court shall, absent good cause, enter an order, attaching a
929
copy of the Notice of Intent to Relocate, reflecting that the
930
order is entered as a result of the failure to object to the
931
Notice of Intent to Relocate, and adopting the time-sharing
932
visitation schedule and transportation arrangements contained in
933
the Notice of Intent to Relocate. The order may issue in an
934
expedited manner without the necessity of an evidentiary hearing.
935
If an objection is timely filed, the burden returns to the parent
936
or person seeking to relocate to initiate court proceedings to
937
obtain court permission to relocate before prior to doing so.
938
(f) The act of relocating the child after failure to comply
939
with the notice of intent to relocate procedure described in this
940
subsection subjects the party in violation thereof to contempt
941
and other proceedings to compel the return of the child and may
942
be taken into account by the court in any initial or postjudgment
943
action seeking a determination or modification of the parenting
944
plan or the time-sharing schedule, or both, designation of the
945
primary residential parent or of the residence, custody, or
946
visitation with the child as:
947
1. A factor in making a determination regarding the
948
relocation of a child.
949
2. A factor in determining whether the parenting plan or
950
the designation of the primary residential parent or the
951
residence, contact, access, visitation, or time-sharing schedule
952
arrangements should be modified.
953
3. A basis for ordering the temporary or permanent return
954
of the child.
955
4. Sufficient cause to order the parent or other person
956
seeking to relocate the child to pay reasonable expenses and
957
attorney's fees incurred by the party objecting to the
958
relocation.
959
5. Sufficient cause for the award of reasonable attorney's
960
fees and costs, including interim travel expenses incident to
961
time-sharing visitation or securing the return of the child.
962
(4) APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
963
other person seeking to relocate a child, or the child, is
964
entitled to prevent disclosure of location information under any
965
public records exemption applicable to that person, the court may
966
enter any order necessary to modify the disclosure requirements
967
of this section in compliance with the public records exemption.
968
(5) CONTENT OF OBJECTION TO RELOCATION.--An objection
969
seeking to prevent the relocation of a child must shall be
970
verified and served within 30 days after service of the Notice of
971
Intent to Relocate. The objection must shall include the specific
972
factual basis supporting the reasons for seeking a prohibition of
973
the relocation, including a statement of the amount of
974
participation or involvement the objecting party currently has or
975
has had in the life of the child.
976
(6) TEMPORARY ORDER.--
977
(a) The court may grant a temporary order restraining the
978
relocation of a child or ordering the return of the child, if a
979
relocation has previously taken place, or other appropriate
980
remedial relief, if the court finds:
981
1. The required notice of a proposed relocation of a child
982
was not provided in a timely manner;
983
2. The child already has been relocated without notice or
984
written agreement of the parties or without court approval; or
985
3. From an examination of the evidence presented at the
986
preliminary hearing that there is a likelihood that upon final
987
hearing the court will not approve the relocation of the primary
988
residence of the child.
989
(b) The court may grant a temporary order permitting the
990
relocation of the child pending final hearing, if the court:
991
1. Finds that the required Notice of Intent to Relocate was
992
provided in a timely manner; and
993
2. Finds from an examination of the evidence presented at
994
the preliminary hearing that there is a likelihood that on final
995
hearing the court will approve the relocation of the primary
996
residence of the child, which findings must be supported by the
997
same factual basis as would be necessary to support the
998
permitting of relocation in a final judgment.
999
(c) If the court has issued a temporary order authorizing a
1000
party seeking to relocate or move a child before a final judgment
1001
is rendered, the court may not give any weight to the temporary
1002
relocation as a factor in reaching its final decision.
1003
(d) If temporary relocation of a child is permitted, the
1004
court may require the person relocating the child to provide
1005
reasonable security, financial or otherwise, and guarantee that
1006
the court-ordered contact with the child will not be interrupted
1007
or interfered with by the relocating party.
1008
(7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
1009
RELOCATION.--A No presumption does not shall arise in favor of or
1010
against a request to relocate with the child when a primary
1011
residential parent seeks to move the child and the move will
1012
materially affect the current schedule of contact, access, and
1013
time-sharing with the nonrelocating parent or other person. In
1014
reaching its decision regarding a proposed temporary or permanent
1015
relocation, the court shall evaluate all of the following
1016
factors:
1017
(a) The nature, quality, extent of involvement, and
1018
duration of the child's relationship with the parent proposing to
1019
relocate with the child and with the nonrelocating parent, other
1020
persons, siblings, half-siblings, and other significant persons
1021
in the child's life.
1022
(b) The age and developmental stage of the child, the needs
1023
of the child, and the likely impact the relocation will have on
1024
the child's physical, educational, and emotional development,
1025
taking into consideration any special needs of the child.
1026
(c) The feasibility of preserving the relationship between
1027
the nonrelocating parent or other person and the child through
1028
substitute arrangements that take into consideration the
1029
logistics of contact, access, visitation, and time-sharing, as
1030
well as the financial circumstances of the parties; whether those
1031
factors are sufficient to foster a continuing meaningful
1032
relationship between the child and the nonrelocating parent or
1033
other person; and the likelihood of compliance with the
1034
substitute arrangements by the relocating parent once he or she
1035
is out of the jurisdiction of the court.
1036
(d) The child's preference, taking into consideration the
1037
age and maturity of the child.
1038
(e) Whether the relocation will enhance the general quality
1039
of life for both the parent seeking the relocation and the child,
1040
including, but not limited to, financial or emotional benefits or
1041
educational opportunities.
1042
(f) The reasons of each parent or other person for seeking
1043
or opposing the relocation.
1044
(g) The current employment and economic circumstances of
1045
each parent or other person and whether or not the proposed
1046
relocation is necessary to improve the economic circumstances of
1047
the parent or other person seeking relocation of the child.
1048
(h) That the relocation is sought in good faith and the
1049
extent to which the objecting parent has fulfilled his or her
1050
financial obligations to the parent or other person seeking
1051
relocation, including child support, spousal support, and marital
1052
property and marital debt obligations.
1053
(i) The career and other opportunities available to the
1054
objecting parent or objecting other person if the relocation
1055
occurs.
1056
(j) A history of substance abuse or domestic violence as
1057
defined in s. 741.28 or which meets the criteria of s.
1058
39.806(1)(d) by either parent, including a consideration of the
1059
severity of such conduct and the failure or success of any
1060
attempts at rehabilitation.
1061
(k) Any other factor affecting the best interest of the
1062
child or as set forth in s. 61.13.
1063
(9) ORDER REGARDING RELOCATION.--If relocation is
1064
permitted:
1065
(a) The court may, in its discretion, order contact with
1066
the nonrelocating parent, including access, visitation, time-
1067
sharing, telephone, Internet, webcam, and other arrangements
1068
sufficient to ensure that the child has frequent, continuing, and
1069
meaningful contact, access, visitation, and time-sharing with the
1070
nonrelocating parent or other persons, if contact is financially
1071
affordable and in the best interest of the child.
1072
(b) If applicable, the court shall specify how the
1073
transportation costs will be allocated between the parents and
1074
other persons entitled to contact, access, visitation, and time-
1075
sharing and may adjust the child support award, as appropriate,
1076
considering the costs of transportation and the respective net
1077
incomes of the parents in accordance with state child support
1078
guidelines schedule.
1079
(10) PRIORITY FOR HEARING OR TRIAL.--An evidentiary hearing
1080
or nonjury trial on a pleading seeking temporary or permanent
1081
relief filed under pursuant to this section shall be accorded
1082
priority on the court's calendar.
1083
(11) APPLICABILITY.--
1084
(a) The provisions of This section applies apply:
1085
1. To orders entered before October 1, 2006, if the
1086
existing order defining custody, primary residence, time-sharing,
1087
or visitation of or with the child does not expressly govern the
1088
relocation of the child.
1089
2. To an order, whether temporary or permanent, regarding
1090
the parenting plan, custody, primary residence, time-sharing, or
1091
visitation of or with the child entered on or after October 1,
1092
2006.
1093
3. To any relocation or proposed relocation, whether
1094
permanent or temporary, of a child during any proceeding pending
1095
on October 1, 2006, wherein the parenting plan, custody, primary
1096
residence, time-sharing, or visitation of or with the child is an
1097
issue.
1098
(b) To the extent that a provision of this section
1099
conflicts with an order existing on October 1, 2006, this section
1100
does not apply to the terms of that order which expressly govern
1101
relocation of the child or a change in the principal residence
1102
address of a parent.
1103
Section 10. Section 61.13002, Florida Statutes, is amended
1104
to read:
1105
61.13002 Temporary time-sharing modification child custody
1106
and child support modification due to military service.--
1107
(1) If a supplemental petition to modify or a motion for
1108
modification of time-sharing change of child custody and parental
1109
responsibility is filed because during the time a parent is
1110
activated, deployed, or temporarily assigned to military service
1111
and the parent's ability to comply with time-sharing continue as
1112
the primary caretaker of a minor child is materially affected as
1113
a result, the court may not issue an order or modify or amend a
1114
previous judgment or order that changes time-sharing custody as
1115
it existed on the date the parent was activated, deployed, or
1116
temporarily assigned to military service, except that a court may
1117
enter a temporary order to modify or amend time-sharing custody
1118
if there is clear and convincing evidence that the temporary
1119
modification or amendment is in the best interests of the child.
1120
When entering a temporary order under this section, the court
1121
shall consider and provide for, if feasible, contact between the
1122
military servicemember and his or her child, including, but not
1123
limited to, electronic communication by webcam, telephone, or
1124
other available means. The court shall also permit liberal time-
1125
sharing during periods of leave from military service, as it is
1126
in the child's best interests to maintain the parent-child bond
1127
during the parent's military service.
1128
(2) If a temporary order is issued under this section, the
1129
court shall reinstate the time-sharing custody judgment or order
1130
previously in effect upon the servicemember parent's return from
1131
active military service, deployment, or temporary assignment.
1132
(3) If a temporary order is entered under this section, the
1133
court may address the issue of support for the child for whom
1134
time-sharing is temporarily modified by:
1135
(a) Entering an order of temporary support from the
1136
servicemember to the other parent under s. 61.30;
1137
(b) Requiring the servicemember to enroll the child as a
1138
military dependant with DEERs, TriCare, or other similar benefits
1139
available to military dependents as provided by the service
1140
member's branch of service and federal regulations; or
1141
(c) Suspending, abating, or reducing the child support
1142
obligation of the nonservice member until the custody judgment or
1143
time-share order previously in effect is reinstated.
1144
Section 11. Paragraph (a) of subsection (1) of section
1145
61.14, Florida Statutes, is amended to read:
1146
61.14 Enforcement and modification of support, maintenance,
1147
or alimony agreements or orders.--
1148
(1)(a) When the parties enter into an agreement for
1149
payments for, or instead of, support, maintenance, or alimony,
1150
whether in connection with a proceeding for dissolution or
1151
separate maintenance or with any voluntary property settlement,
1152
or when a party is required by court order to make any payments,
1153
and the circumstances or the financial ability of either party
1154
changes or the child who is a beneficiary of an agreement or
1155
court order as described herein reaches majority after the
1156
execution of the agreement or the rendition of the order, either
1157
party may apply to the circuit court of the circuit in which the
1158
parties, or either of them, resided at the date of the execution
1159
of the agreement or reside at the date of the application, or in
1160
which the agreement was executed or in which the order was
1161
rendered, for an order decreasing or increasing the amount of
1162
support, maintenance, or alimony, and the court has jurisdiction
1163
to make orders as equity requires, with due regard to the changed
1164
circumstances or the financial ability of the parties or the
1165
child, decreasing, increasing, or confirming the amount of
1166
separate support, maintenance, or alimony provided for in the
1167
agreement or order. A finding that medical insurance is
1168
reasonably available or the child support guidelines schedule in
1169
s. 61.30 may constitute changed circumstances. Except as
1170
otherwise provided in s. 61.30(11)(c), the court may modify an
1171
order of support, maintenance, or alimony by increasing or
1172
decreasing the support, maintenance, or alimony retroactively to
1173
the date of the filing of the action or supplemental action for
1174
modification as equity requires, giving due regard to the changed
1175
circumstances or the financial ability of the parties or the
1176
child.
1177
Section 12. Paragraph (d) of subsection (3) of section
1178
61.181, Florida Statutes, is amended to read:
1179
61.181 Depository for alimony transactions, support,
1180
maintenance, and support payments; fees.--
1181
(3)
1182
(d) When time-sharing custody of a child is relinquished by
1183
a custodial parent who is entitled to receive child support
1184
moneys from the depository to the custody of a licensed or
1185
registered long-term care child agency, that agency may request
1186
from the court an order directing child support payments that
1187
which would otherwise be distributed to the custodial parent be
1188
distributed to the agency for the period of time that custody of
1189
the child is with by the agency. Thereafter, payments shall be
1190
distributed to the agency as if the agency were the custodial
1191
parent until further order of the court.
1192
Section 13. Paragraphs (b) and (d) of subsection (1) of
1193
section 61.1827, Florida Statutes, are amended to read:
1194
61.1827 Identifying information concerning applicants for
1195
and recipients of child support services.--
1196
(1) Any information that reveals the identity of applicants
1197
for or recipients of child support services, including the name,
1198
address, and telephone number of such persons, held by a non-
1199
Title IV-D county child support enforcement agency is
1200
confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I
1201
of the State Constitution. The use or disclosure of such
1202
information by the non-Title IV-D county child support
1203
enforcement agency is limited to the purposes directly connected
1204
with:
1205
(b) Mandatory disclosure of identifying and location
1206
information as provided in s. 61.13(7)(8) by the non-Title IV-D
1207
county child support enforcement agency when providing non-Title
1208
IV-D services;
1209
(d) Disclosure to an authorized person, as defined in 45
1210
C.F.R. s. 303.15, for purposes of enforcing any state or federal
1211
law with respect to the unlawful taking or restraint of a child
1212
or making or enforcing a parenting plan child custody or
1213
visitation determination. As used in this paragraph, the term
1214
"authorized person" includes a noncustodial parent with whom the
1215
child does not currently reside, unless a court has entered an
1217
Section 14. Subsections (1) and (3) of section 61.20,
1218
Florida Statutes, are amended to read:
1219
61.20 Social investigation and recommendations regarding a
1220
parenting plan when child custody is in issue.--
1221
(1) In any action where the parenting plan custody of a
1222
minor child is at in issue because the parents are unable to
1223
agree, the court may order a social investigation and study
1224
concerning all pertinent details relating to the child and each
1225
parent when such an investigation has not been done and the study
1226
therefrom provided to the court by the parties or when the court
1227
determines that the investigation and study that have been done
1228
are insufficient. The agency, staff, or person conducting the
1229
investigation and study ordered by the court pursuant to this
1230
section shall furnish the court and all parties of record in the
1231
proceeding a written study containing recommendations, including
1232
a written statement of facts found in the social investigation on
1233
which the recommendations are based. The court may consider the
1234
information contained in the study in making a decision on the
1235
parenting plan child's custody and the technical rules of
1236
evidence do not exclude the study from consideration.
1237
(3) Except as to persons who obtain certification of
1238
indigence as specified in subsection (2), for whom no costs shall
1239
be incurred, the adult parties involved in a child custody
1240
proceeding to determine a parenting plan wherein the court has
1241
ordered the performance of a social investigation and study
1242
performed shall be responsible for the payment of the costs of
1243
such investigation and study. Upon submission of the study to the
1244
court, the agency, staff, or person performing the study shall
1245
include a bill for services, which shall be taxed and ordered
1246
paid as costs in the proceeding.
1247
Section 15. Paragraph (c) of subsection (1) and subsection
1248
(6) of section 61.21, Florida Statutes, are amended to read:
1249
61.21 Parenting course authorized; fees; required
1250
attendance authorized; contempt.--
1251
(1) LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of
1252
the Legislature that:
1253
(c) It has been found to be beneficial to parents who are
1254
separating or divorcing to have available an educational program
1255
that will provide general information regarding:
1256
1. The issues and legal procedures for resolving time-
1257
sharing custody and child support disputes.
1258
2. The emotional experiences and problems of divorcing
1259
adults.
1260
3. The family problems and the emotional concerns and needs
1261
of the children.
1262
4. The availability of community services and resources.
1263
(6) All parties to a modification of a final judgment
1264
involving a parenting plan or a time-sharing schedule shared
1265
parental responsibilities, custody, or visitation may be required
1266
to complete a court-approved parenting course prior to the entry
1267
of an order modifying the final judgment.
1268
Section 16. Section 61.30, Florida Statutes, is amended to
1269
read:
1270
61.30 Child support guidelines; retroactive child
1271
support.--
1272
(1)(a) The child support guideline amount as determined by
1273
this section presumptively establishes the amount the trier of
1274
fact shall order as child support in an initial proceeding for
1275
such support or in a proceeding for modification of an existing
1276
order for such support, whether the proceeding arises under this
1277
or another chapter. The trier of fact may order payment of child
1278
support which varies, plus or minus 5 percent, from the guideline
1279
amount, after considering all relevant factors, including the
1280
needs of the child or children, age, station in life, standard of
1281
living, and the financial status and ability of each parent. The
1282
trier of fact may order payment of child support in an amount
1283
which varies more than 5 percent from such guideline amount only
1284
upon a written finding explaining why ordering payment of such
1285
guideline amount would be unjust or inappropriate.
1286
Notwithstanding the variance limitations of this section, the
1287
trier of fact shall order payment of child support which varies
1288
from the guideline amount as provided in paragraph (11)(b)
1289
whenever any of the children are required by court order or
1290
mediation agreement to spend a substantial amount of time with
1291
either parent the primary and secondary residential parents. This
1292
requirement applies to any living arrangement, whether temporary
1293
or permanent.
1294
(b) The guidelines may provide the basis for proving a
1295
substantial change in circumstances upon which a modification of
1296
an existing order may be granted. However, the difference between
1297
the existing monthly obligation and the amount provided for under
1298
the guidelines shall be at least 15 percent or $50, whichever
1299
amount is greater, before the court may find that the guidelines
1300
provide a substantial change in circumstances.
1301
(c) For each support order reviewed by the department as
1302
required by s. 409.2564(11), if the amount of the child support
1303
award under the order differs by at least 10 percent but not less
1304
than $25 from the amount that would be awarded under s. 61.30,
1305
the department shall seek to have the order modified and any
1306
modification shall be made without a requirement for proof or
1307
showing of a change in circumstances.
1308
(2) Income shall be determined on a monthly basis for each
1309
parent the obligor and for the obligee as follows:
1310
(a) Gross income shall include, but is not limited to, the
1311
following items:
1312
1. Salary or wages.
1313
2. Bonuses, commissions, allowances, overtime, tips, and
1314
other similar payments.
1315
3. Business income from sources such as self-employment,
1316
partnership, close corporations, and independent contracts.
1317
"Business income" means gross receipts minus ordinary and
1318
necessary expenses required to produce income.
1319
4. Disability benefits.
1320
5. All workers' compensation benefits and settlements.
1321
6. Unemployment compensation.
1322
7. Pension, retirement, or annuity payments.
1323
8. Social security benefits.
1324
9. Spousal support received from a previous marriage or
1325
court ordered in the marriage before the court.
1326
10. Interest and dividends.
1327
11. Rental income, which is gross receipts minus ordinary
1328
and necessary expenses required to produce the income.
1329
12. Income from royalties, trusts, or estates.
1330
13. Reimbursed expenses or in kind payments to the extent
1331
that they reduce living expenses.
1332
14. Gains derived from dealings in property, unless the
1333
gain is nonrecurring.
1334
(b) Income on a monthly basis shall be imputed to an
1335
unemployed or underemployed parent when such employment or
1336
underemployment is found by the court to be voluntary on that
1337
parent's part, absent a finding of fact by the court of physical
1338
or mental incapacity or other circumstances over which the parent
1339
has no control. In the event of such voluntary unemployment or
1340
underemployment, the employment potential and probable earnings
1341
level of the parent shall be determined based upon his or her
1342
recent work history, occupational qualifications, and prevailing
1343
earnings level in the community as provided in this paragraph;
1344
however, the court may refuse to impute income to a primary
1345
residential parent if the court finds it necessary for the parent
1346
to stay home with the child who is the subject of a child support
1347
calculation.
1348
(c) Public assistance as defined in s. 409.2554 shall be
1349
excluded from gross income.
1350
(3) Net income is obtained by subtracting allowable
1351
deductions from gross income. Allowable deductions shall include:
1352
(a) Federal, state, and local income tax deductions,
1353
adjusted for actual filing status and allowable dependents and
1354
income tax liabilities.
1355
(b) Federal insurance contributions or self-employment tax.
1356
(c) Mandatory union dues.
1357
(d) Mandatory retirement payments.
1358
(e) Health insurance payments, excluding payments for
1359
coverage of the minor child.
1360
(f) Court-ordered support for other children which is
1361
actually paid.
1362
(g) Spousal support paid pursuant to a court order from a
1363
previous marriage or the marriage before the court.
1364
(4) Net income for each parent the obligor and net income
1365
for the obligee shall be computed by subtracting allowable
1366
deductions from gross income.
1367
(5) Net income for each parent the obligor and net income
1368
for the obligee shall be added together for a combined net
1369
income.
1370
(6) The following guidelines schedule schedules shall be
1371
applied to the combined net income to determine the minimum child
1372
support need:
1373
| Combined Monthly Net Available Income | Child or Children |
1374
| One | Two | Three | Four | Five | Six |
1375
| 650.00 | 74 | 75 | 75 | 76 | 77 | 78 |
1376
| 700.00 | 119 | 120 | 121 | 123 | 124 | 125 |
1377
| 750.00 | 164 | 166 | 167 | 169 | 171 | 173 |
1378
| 800.00 | 190 | 211 | 213 | 216 | 218 | 220 |
1379
| 850.00 | 202 | 257 | 259 | 262 | 265 | 268 |
1380
| 900.00 | 213 | 302 | 305 | 309 | 312 | 315 |
1381
| 950.00 | 224 | 347 | 351 | 355 | 359 | 363 |
1382
| 1000.00 | 235 | 365 | 397 | 402 | 406 | 410 |
1383
| 1050.00 | 246 | 382 | 443 | 448 | 453 | 458 |
1384
| 1100.00 | 258 | 400 | 489 | 495 | 500 | 505 |
1385
| 1150.00 | 269 | 417 | 522 | 541 | 547 | 553 |
1386
| 1200.00 | 280 | 435 | 544 | 588 | 594 | 600 |
1387
| 1250.00 | 290 | 451 | 565 | 634 | 641 | 648 |
1388
| 1300.00 | 300 | 467 | 584 | 659 | 688 | 695 |
1389
| 1350.00 | 310 | 482 | 603 | 681 | 735 | 743 |
1390
| 1400.00 | 320 | 498 | 623 | 702 | 765 | 790 |
1391
| 1450.00 | 330 | 513 | 642 | 724 | 789 | 838 |
1392
| 1500.00 | 340 | 529 | 662 | 746 | 813 | 869 |
1393
| 1550.00 | 350 | 544 | 681 | 768 | 836 | 895 |
1394
| 1600.00 | 360 | 560 | 701 | 790 | 860 | 920 |
1395
| 1650.00 | 370 | 575 | 720 | 812 | 884 | 945 |
1396
| 1700.00 | 380 | 591 | 740 | 833 | 907 | 971 |
1397
| 1750.00 | 390 | 606 | 759 | 855 | 931 | 996 |
1398
| 1800.00 | 400 | 622 | 779 | 877 | 955 | 1022 |
1399
| 1850.00 | 410 | 638 | 798 | 900 | 979 | 1048 |
1400
| 1900.00 | 421 | 654 | 818 | 923 | 1004 | 1074 |
1401
| 1950.00 | 431 | 670 | 839 | 946 | 1029 | 1101 |
1402
| 2000.00 | 442 | 686 | 859 | 968 | 1054 | 1128 |
1403
| 2050.00 | 452 | 702 | 879 | 991 | 1079 | 1154 |
1404
| 2100.00 | 463 | 718 | 899 | 1014 | 1104 | 1181 |
1405
| 2150.00 | 473 | 734 | 919 | 1037 | 1129 | 1207 |
1406
| 2200.00 | 484 | 751 | 940 | 1060 | 1154 | 1234 |
1407
| 2250.00 | 494 | 767 | 960 | 1082 | 1179 | 1261 |
1408
| 2300.00 | 505 | 783 | 980 | 1105 | 1204 | 1287 |
1409
| 2350.00 | 515 | 799 | 1000 | 1128 | 1229 | 1314 |
1410
| 2400.00 | 526 | 815 | 1020 | 1151 | 1254 | 1340 |
1411
| 2450.00 | 536 | 831 | 1041 | 1174 | 1279 | 1367 |
1412
| 2500.00 | 547 | 847 | 1061 | 1196 | 1304 | 1394 |
1413
| 2550.00 | 557 | 864 | 1081 | 1219 | 1329 | 1420 |
1414
| 2600.00 | 568 | 880 | 1101 | 1242 | 1354 | 1447 |
1415
| 2650.00 | 578 | 896 | 1121 | 1265 | 1379 | 1473 |
1416
| 2700.00 | 588 | 912 | 1141 | 1287 | 1403 | 1500 |
1417
| 2750.00 | 597 | 927 | 1160 | 1308 | 1426 | 1524 |
1418
| 2800.00 | 607 | 941 | 1178 | 1328 | 1448 | 1549 |
1419
| 2850.00 | 616 | 956 | 1197 | 1349 | 1471 | 1573 |
1420
| 2900.00 | 626 | 971 | 1215 | 1370 | 1494 | 1598 |
1421
| 2950.00 | 635 | 986 | 1234 | 1391 | 1517 | 1622 |
1422
| 3000.00 | 644 | 1001 | 1252 | 1412 | 1540 | 1647 |
1423
| 3050.00 | 654 | 1016 | 1271 | 1433 | 1563 | 1671 |
1424
| 3100.00 | 663 | 1031 | 1289 | 1453 | 1586 | 1695 |
1425
| 3150.00 | 673 | 1045 | 1308 | 1474 | 1608 | 1720 |
1426
| 3200.00 | 682 | 1060 | 1327 | 1495 | 1631 | 1744 |
1427
| 3250.00 | 691 | 1075 | 1345 | 1516 | 1654 | 1769 |
1428
| 3300.00 | 701 | 1090 | 1364 | 1537 | 1677 | 1793 |
1429
| 3350.00 | 710 | 1105 | 1382 | 1558 | 1700 | 1818 |
1430
| 3400.00 | 720 | 1120 | 1401 | 1579 | 1723 | 1842 |
1431
| 3450.00 | 729 | 1135 | 1419 | 1599 | 1745 | 1867 |
1432
| 3500.00 | 738 | 1149 | 1438 | 1620 | 1768 | 1891 |
1433
| 3550.00 | 748 | 1164 | 1456 | 1641 | 1791 | 1915 |
1434
| 3600.00 | 757 | 1179 | 1475 | 1662 | 1814 | 1940 |
1435
| 3650.00 | 767 | 1194 | 1493 | 1683 | 1837 | 1964 |
1436
| 3700.00 | 776 | 1208 | 1503 | 1702 | 1857 | 1987 |
1437
| 3750.00 | 784 | 1221 | 1520 | 1721 | 1878 | 2009 |
1438
| 3800.00 | 793 | 1234 | 1536 | 1740 | 1899 | 2031 |
1439
| 3850.00 | 802 | 1248 | 1553 | 1759 | 1920 | 2053 |
1440
| 3900.00 | 811 | 1261 | 1570 | 1778 | 1940 | 2075 |
1441
| 3950.00 | 819 | 1275 | 1587 | 1797 | 1961 | 2097 |
1442
| 4000.00 | 828 | 1288 | 1603 | 1816 | 1982 | 2119 |
1443
| 4050.00 | 837 | 1302 | 1620 | 1835 | 2002 | 2141 |
1444
| 4100.00 | 846 | 1315 | 1637 | 1854 | 2023 | 2163 |
1445
| 4150.00 | 854 | 1329 | 1654 | 1873 | 2044 | 2185 |
1446
| 4200.00 | 863 | 1342 | 1670 | 1892 | 2064 | 2207 |
1447
| 4250.00 | 872 | 1355 | 1687 | 1911 | 2085 | 2229 |
1448
| 4300.00 | 881 | 1369 | 1704 | 1930 | 2106 | 2251 |
1449
| 4350.00 | 889 | 1382 | 1721 | 1949 | 2127 | 2273 |
1450
| 4400.00 | 898 | 1396 | 1737 | 1968 | 2147 | 2295 |
1451
| 4450.00 | 907 | 1409 | 1754 | 1987 | 2168 | 2317 |
1452
| 4500.00 | 916 | 1423 | 1771 | 2006 | 2189 | 2339 |
1453
| 4550.00 | 924 | 1436 | 1788 | 2024 | 2209 | 2361 |
1454
| 4600.00 | 933 | 1450 | 1804 | 2043 | 2230 | 2384 |
1455
| 4650.00 | 942 | 1463 | 1821 | 2062 | 2251 | 2406 |
1456
| 4700.00 | 951 | 1477 | 1838 | 2081 | 2271 | 2428 |
1457
| 4750.00 | 959 | 1490 | 1855 | 2100 | 2292 | 2450 |
1458
| 4800.00 | 968 | 1503 | 1871 | 2119 | 2313 | 2472 |
1459
| 4850.00 | 977 | 1517 | 1888 | 2138 | 2334 | 2494 |
1460
| 4900.00 | 986 | 1530 | 1905 | 2157 | 2354 | 2516 |
1461
| 4950.00 | 993 | 1542 | 1927 | 2174 | 2372 | 2535 |
1462
| 5000.00 | 1000 | 1551 | 1939 | 2188 | 2387 | 2551 |
1463
| 5050.00 | 1006 | 1561 | 1952 | 2202 | 2402 | 2567 |
1464
| 5100.00 | 1013 | 1571 | 1964 | 2215 | 2417 | 2583 |
1465
| 5150.00 | 1019 | 1580 | 1976 | 2229 | 2432 | 2599 |
1466
| 5200.00 | 1025 | 1590 | 1988 | 2243 | 2447 | 2615 |
1467
| 5250.00 | 1032 | 1599 | 2000 | 2256 | 2462 | 2631 |
1468
| 5300.00 | 1038 | 1609 | 2012 | 2270 | 2477 | 2647 |
1469
| 5350.00 | 1045 | 1619 | 2024 | 2283 | 2492 | 2663 |
1470
| 5400.00 | 1051 | 1628 | 2037 | 2297 | 2507 | 2679 |
1471
| 5450.00 | 1057 | 1638 | 2049 | 2311 | 2522 | 2695 |
1472
| 5500.00 | 1064 | 1647 | 2061 | 2324 | 2537 | 2711 |
1473
| 5550.00 | 1070 | 1657 | 2073 | 2338 | 2552 | 2727 |
1474
| 5600.00 | 1077 | 1667 | 2085 | 2352 | 2567 | 2743 |
1475
| 5650.00 | 1083 | 1676 | 2097 | 2365 | 2582 | 2759 |
1476
| 5700.00 | 1089 | 1686 | 2109 | 2379 | 2597 | 2775 |
1477
| 5750.00 | 1096 | 1695 | 2122 | 2393 | 2612 | 2791 |
1478
| 5800.00 | 1102 | 1705 | 2134 | 2406 | 2627 | 2807 |
1479
| 5850.00 | 1107 | 1713 | 2144 | 2418 | 2639 | 2820 |
1480
| 5900.00 | 1111 | 1721 | 2155 | 2429 | 2651 | 2833 |
1481
| 5950.00 | 1116 | 1729 | 2165 | 2440 | 2663 | 2847 |
1482
| 6000.00 | 1121 | 1737 | 2175 | 2451 | 2676 | 2860 |
1483
| 6050.00 | 1126 | 1746 | 2185 | 2462 | 2688 | 2874 |
1484
| 6100.00 | 1131 | 1754 | 2196 | 2473 | 2700 | 2887 |
1485
| 6150.00 | 1136 | 1762 | 2206 | 2484 | 2712 | 2900 |
1486
| 6200.00 | 1141 | 1770 | 2216 | 2495 | 2724 | 2914 |
1487
| 6250.00 | 1145 | 1778 | 2227 | 2506 | 2737 | 2927 |
1488
| 6300.00 | 1150 | 1786 | 2237 | 2517 | 2749 | 2941 |
1489
| 6350.00 | 1155 | 1795 | 2247 | 2529 | 2761 | 2954 |
1490
| 6400.00 | 1160 | 1803 | 2258 | 2540 | 2773 | 2967 |
1491
| 6450.00 | 1165 | 1811 | 2268 | 2551 | 2785 | 2981 |
1492
| 6500.00 | 1170 | 1819 | 2278 | 2562 | 2798 | 2994 |
1493
| 6550.00 | 1175 | 1827 | 2288 | 2573 | 2810 | 3008 |
1494
| 6600.00 | 1179 | 1835 | 2299 | 2584 | 2822 | 3021 |
1495
| 6650.00 | 1184 | 1843 | 2309 | 2595 | 2834 | 3034 |
1496
| 6700.00 | 1189 | 1850 | 2317 | 2604 | 2845 | 3045 |
1497
| 6750.00 | 1193 | 1856 | 2325 | 2613 | 2854 | 3055 |
1498
| 6800.00 | 1196 | 1862 | 2332 | 2621 | 2863 | 3064 |
1499
| 6850.00 | 1200 | 1868 | 2340 | 2630 | 2872 | 3074 |
1500
| 6900.00 | 1204 | 1873 | 2347 | 2639 | 2882 | 3084 |
1501
| 6950.00 | 1208 | 1879 | 2355 | 2647 | 2891 | 3094 |
1502
| 7000.00 | 1212 | 1885 | 2362 | 2656 | 2900 | 3103 |
1503
| 7050.00 | 1216 | 1891 | 2370 | 2664 | 2909 | 3113 |
1504
| 7100.00 | 1220 | 1897 | 2378 | 2673 | 2919 | 3123 |
1505
| 7150.00 | 1224 | 1903 | 2385 | 2681 | 2928 | 3133 |
1506
| 7200.00 | 1228 | 1909 | 2393 | 2690 | 2937 | 3142 |
1507
| 7250.00 | 1232 | 1915 | 2400 | 2698 | 2946 | 3152 |
1508
| 7300.00 | 1235 | 1921 | 2408 | 2707 | 2956 | 3162 |
1509
| 7350.00 | 1239 | 1927 | 2415 | 2716 | 2965 | 3172 |
1510
| 7400.00 | 1243 | 1933 | 2423 | 2724 | 2974 | 3181 |
1511
| 7450.00 | 1247 | 1939 | 2430 | 2733 | 2983 | 3191 |
1512
| 7500.00 | 1251 | 1945 | 2438 | 2741 | 2993 | 3201 |
1513
| 7550.00 | 1255 | 1951 | 2446 | 2750 | 3002 | 3211 |
1514
| 7600.00 | 1259 | 1957 | 2453 | 2758 | 3011 | 3220 |
1515
| 7650.00 | 1263 | 1963 | 2461 | 2767 | 3020 | 3230 |
1516
| 7700.00 | 1267 | 1969 | 2468 | 2775 | 3030 | 3240 |
1517
| 7750.00 | 1271 | 1975 | 2476 | 2784 | 3039 | 3250 |
1518
| 7800.00 | 1274 | 1981 | 2483 | 2792 | 3048 | 3259 |
1519
| 7850.00 | 1278 | 1987 | 2491 | 2801 | 3057 | 3269 |
1520
| 7900.00 | 1282 | 1992 | 2498 | 2810 | 3067 | 3279 |
1521
| 7950.00 | 1286 | 1998 | 2506 | 2818 | 3076 | 3289 |
1522
| 8000.00 | 1290 | 2004 | 2513 | 2827 | 3085 | 3298 |
1523
| 8050.00 | 1294 | 2010 | 2521 | 2835 | 3094 | 3308 |
1524
| 8100.00 | 1298 | 2016 | 2529 | 2844 | 3104 | 3318 |
1525
| 8150.00 | 1302 | 2022 | 2536 | 2852 | 3113 | 3328 |
1526
| 8200.00 | 1306 | 2028 | 2544 | 2861 | 3122 | 3337 |
1527
| 8250.00 | 1310 | 2034 | 2551 | 2869 | 3131 | 3347 |
1528
| 8300.00 | 1313 | 2040 | 2559 | 2878 | 3141 | 3357 |
1529
| 8350.00 | 1317 | 2046 | 2566 | 2887 | 3150 | 3367 |
1530
| 8400.00 | 1321 | 2052 | 2574 | 2895 | 3159 | 3376 |
1531
| 8450.00 | 1325 | 2058 | 2581 | 2904 | 3168 | 3386 |
1532
| 8500.00 | 1329 | 2064 | 2589 | 2912 | 3178 | 3396 |
1533
| 8550.00 | 1333 | 2070 | 2597 | 2921 | 3187 | 3406 |
1534
| 8600.00 | 1337 | 2076 | 2604 | 2929 | 3196 | 3415 |
1535
| 8650.00 | 1341 | 2082 | 2612 | 2938 | 3205 | 3425 |
1536
| 8700.00 | 1345 | 2088 | 2619 | 2946 | 3215 | 3435 |
1537
| 8750.00 | 1349 | 2094 | 2627 | 2955 | 3224 | 3445 |
1538
| 8800.00 | 1352 | 2100 | 2634 | 2963 | 3233 | 3454 |
1539
| 8850.00 | 1356 | 2106 | 2642 | 2972 | 3242 | 3464 |
1540
| 8900.00 | 1360 | 2111 | 2649 | 2981 | 3252 | 3474 |
1541
| 8950.00 | 1364 | 2117 | 2657 | 2989 | 3261 | 3484 |
1542
| 9000.00 | 1368 | 2123 | 2664 | 2998 | 3270 | 3493 |
1543
| 9050.00 | 1372 | 2129 | 2672 | 3006 | 3279 | 3503 |
1544
| 9100.00 | 1376 | 2135 | 2680 | 3015 | 3289 | 3513 |
1545
| 9150.00 | 1380 | 2141 | 2687 | 3023 | 3298 | 3523 |
1546
| 9200.00 | 1384 | 2147 | 2695 | 3032 | 3307 | 3532 |
1547
| 9250.00 | 1388 | 2153 | 2702 | 3040 | 3316 | 3542 |
1548
| 9300.00 | 1391 | 2159 | 2710 | 3049 | 3326 | 3552 |
1549
| 9350.00 | 1395 | 2165 | 2717 | 3058 | 3335 | 3562 |
1550
| 9400.00 | 1399 | 2171 | 2725 | 3066 | 3344 | 3571 |
1551
| 9450.00 | 1403 | 2177 | 2732 | 3075 | 3353 | 3581 |
1552
| 9500.00 | 1407 | 2183 | 2740 | 3083 | 3363 | 3591 |
1553
| 9550.00 | 1411 | 2189 | 2748 | 3092 | 3372 | 3601 |
1554
| 9600.00 | 1415 | 2195 | 2755 | 3100 | 3381 | 3610 |
1555
| 9650.00 | 1419 | 2201 | 2763 | 3109 | 3390 | 3620 |
1556
| 9700.00 | 1422 | 2206 | 2767 | 3115 | 3396 | 3628 |
1557
| 9750.00 | 1425 | 2210 | 2772 | 3121 | 3402 | 3634 |
1558
| 9800.00 | 1427 | 2213 | 2776 | 3126 | 3408 | 3641 |
1559
| 9850.00 | 1430 | 2217 | 2781 | 3132 | 3414 | 3647 |
1560
| 9900.00 | 1432 | 2221 | 2786 | 3137 | 3420 | 3653 |
1561
| 9950.00 | 1435 | 2225 | 2791 | 3143 | 3426 | 3659 |
1562
| 10000.00 | 1437 | 2228 | 2795 | 3148 | 3432 | 3666 |
1563
1564
For combined monthly net available income less than the amount
1565
set out on the above guidelines schedule schedules, the parent
1566
should be ordered to pay a child support amount, determined on a
1567
case-by-case basis, to establish the principle of payment and lay
1568
the basis for increased orders should the parent's income
1569
increase in the future. For combined monthly net available income
1570
greater than the amount set out in the above guidelines schedule
1571
schedules, the obligation shall be the minimum amount of support
1572
provided by the guidelines schedule plus the following
1573
percentages multiplied by the amount of income over $10,000:
1574
| Child or Children |
1575
| One | Two | Three | Four | Five | Six |
1576
| 5.0% | 7.5% | 9.5% | 11.0% | 12.0% | 12.5% |
1577
1578
(7) Child care costs incurred on behalf of the children due
1579
to employment, job search, or education calculated to result in
1580
employment or to enhance income of current employment of either
1581
parent shall be reduced by 25 percent and then shall be added to
1582
the basic obligation. After the adjusted child care costs are
1583
added to the basic obligation, any moneys prepaid by a the
1584
noncustodial parent for child care costs for the child or
1585
children of this action shall be deducted from that noncustodial
1586
parent's child support obligation for that child or those
1587
children. Child care costs shall not exceed the level required to
1588
provide quality care from a licensed source for the children.
1589
(8) Health insurance costs resulting from coverage ordered
1590
pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
1591
and prescription medication expenses of the child, shall be added
1592
to the basic obligation unless these expenses have been ordered
1593
to be separately paid on a percentage basis. After the health
1594
insurance costs are added to the basic obligation, any moneys
1595
prepaid by a the noncustodial parent for health-related costs for
1596
the child or children of this action shall be deducted from that
1597
noncustodial parent's child support obligation for that child or
1598
those children.
1599
(9) Each parent's percentage share of the child support
1600
need shall be determined by dividing each parent's net monthly
1601
income by the combined net monthly income.
1602
(10) Each parent's actual dollar share of the total minimum
1603
child support need shall be determined by multiplying the minimum
1604
child support need by each parent's percentage share of the
1605
combined monthly net income.
1606
(11)(a) The court may adjust the total minimum child
1607
support award, or either or both parents' share of the total
1608
minimum child support award, based upon the following deviation
1609
factors considerations:
1610
1. Extraordinary medical, psychological, educational, or
1611
dental expenses.
1612
2. Independent income of the child, not to include moneys
1613
received by a child from supplemental security income.
1614
3. The payment of support for a parent which regularly has
1615
been paid and for which there is a demonstrated need.
1616
4. Seasonal variations in one or both parents' incomes or
1617
expenses.
1618
5. The age of the child, taking into account the greater
1619
needs of older children.
1620
6. Special needs, such as costs that may be associated with
1621
the disability of a child, that have traditionally been met
1622
within the family budget even though the fulfilling of those
1623
needs will cause the support to exceed the presumptive amount
1624
established by the proposed guidelines.
1625
7. Total available assets of the obligee, obligor, and the
1626
child.
1627
8. The impact of the Internal Revenue Service dependency
1628
exemption and waiver of that exemption. The court may order a the
1629
primary residential parent to execute a waiver of the Internal
1630
Revenue Service dependency exemption if the paying noncustodial
1631
parent is current in support payments.
1632
9. When application of the child support guidelines
1633
schedule requires a person to pay another person more than 55
1634
percent of his or her gross income for a child support obligation
1635
for current support resulting from a single support order.
1636
10. The particular parenting plan shared parental
1637
arrangement, such as where the child spends a significant amount
1638
of time, but less than 40 percent of the overnights, with one the
1639
noncustodial parent, thereby reducing the financial expenditures
1640
incurred by the other primary residential parent; or the refusal
1641
of a the noncustodial parent to become involved in the activities
1642
of the child.
1643
11. Any other adjustment which is needed to achieve an
1644
equitable result which may include, but not be limited to, a
1645
reasonable and necessary existing expense or debt. Such expense
1646
or debt may include, but is not limited to, a reasonable and
1647
necessary expense or debt which the parties jointly incurred
1648
during the marriage.
1649
(b) Whenever a particular parenting plan shared parental
1650
arrangement provides that each child spend a substantial amount
1651
of time with each parent, the court shall adjust any award of
1652
child support, as follows:
1653
1. In accordance with subsections (9) and (10), calculate
1654
the amount of support obligation apportioned to each the
1655
noncustodial parent without including day care and health
1656
insurance costs in the calculation and multiply the amount by
1657
1.5.
1658
2. In accordance with subsections (9) and (10), calculate
1659
the amount of support obligation apportioned to the custodial
1660
parent without including day care and health insurance costs in
1661
the calculation and multiply the amount by 1.5.
1662
2.3. Calculate the percentage of overnight stays the child
1663
spends with each parent.
1664
3.4. Multiply each the noncustodial parent's support
1665
obligation as calculated in subparagraph 1. by the percentage of
1666
the other custodial parent's overnight stays with the child as
1667
calculated in subparagraph 2. 3.
1668
5. Multiply the custodial parent's support obligation as
1669
calculated in subparagraph 2. by the percentage of the
1670
noncustodial parent's overnight stays with the child as
1671
calculated in subparagraph 3.
1672
4.6. The difference between the amounts calculated in
1673
subparagraph 3. subparagraphs 4. and 5. shall be the monetary
1674
transfer necessary between the custodial and noncustodial parents
1675
for the care of the child, subject to an adjustment for day care
1676
and health insurance expenses.
1677
5.7. Pursuant to subsections (7) and (8), calculate the net
1678
amounts owed by each parent the custodial and noncustodial
1679
parents for the expenses incurred for day care and health
1680
insurance coverage for the child. Day care shall be calculated
1681
without regard to the 25-percent reduction applied by subsection
1682
(7).
1683
6.8. Adjust the support obligation owed by each the
1684
custodial or noncustodial parent pursuant to subparagraph 4. 6.
1685
by crediting or debiting the amount calculated in subparagraph 5.
1686
7. This amount represents the child support which must be
1687
exchanged between the custodial and noncustodial parents.
1688
7.9. The court may deviate from the child support amount
1689
calculated pursuant to subparagraph 6. 8. based upon the
1690
deviation factors considerations set forth in paragraph (a), as
1691
well as either the custodial parent's low income and ability to
1692
maintain the basic necessities of the home for the child, the
1693
likelihood that either the noncustodial parent will actually
1694
exercise the time-sharing schedule set forth in the parenting
1695
plan visitation granted by the court, and whether all of the
1696
children are exercising the same time-sharing schedule shared
1697
parental arrangement.
1698
8.10. For purposes of adjusting any award of child support
1699
under this paragraph, "substantial amount of time" means that a
1700
the noncustodial parent exercises visitation at least 40 percent
1701
of the overnights of the year.
1702
(c) A noncustodial parent's failure to regularly exercise
1703
court-ordered or agreed time-sharing schedule visitation not
1704
caused by the other custodial parent which resulted in the
1705
adjustment of the amount of child support pursuant to
1706
subparagraph (a)10. or paragraph (b) shall be deemed a
1707
substantial change of circumstances for purposes of modifying the
1708
child support award. A modification pursuant to this paragraph
1709
shall be retroactive to the date the noncustodial parent first
1710
failed to regularly exercise court-ordered or agreed time-sharing
1711
schedule visitation.
1712
(12)(a) A parent with a support obligation may have other
1713
children living with him or her who were born or adopted after
1714
the support obligation arose. If such subsequent children exist,
1715
the court, when considering an upward modification of an existing
1716
award, may disregard the income from secondary employment
1717
obtained in addition to the parent's primary employment if the
1718
court determines that the employment was obtained primarily to
1719
support the subsequent children.
1720
(b) Except as provided in paragraph (a), the existence of
1721
such subsequent children should not as a general rule be
1722
considered by the court as a basis for disregarding the amount
1723
provided in the guidelines schedule. The parent with a support
1724
obligation for subsequent children may raise the existence of
1725
such subsequent children as a justification for deviation from
1726
the guidelines schedule. However, if the existence of such
1727
subsequent children is raised, the income of the other parent of
1728
the subsequent children shall be considered by the court in
1729
determining whether or not there is a basis for deviation from
1730
the guideline amount.
1731
(c) The issue of subsequent children under paragraph (a) or
1732
paragraph (b) may only be raised in a proceeding for an upward
1733
modification of an existing award and may not be applied to
1734
justify a decrease in an existing award.
1735
(13) If the recurring income is not sufficient to meet the
1736
needs of the child, the court may order child support to be paid
1737
from nonrecurring income or assets.
1738
(14) Every petition for child support or for modification
1739
of child support shall be accompanied by an affidavit which shows
1740
the party's income, allowable deductions, and net income computed
1741
in accordance with this section. The affidavit shall be served at
1742
the same time that the petition is served. The respondent,
1743
whether or not a stipulation is entered, shall make an affidavit
1744
which shows the party's income, allowable deductions, and net
1745
income computed in accordance with this section. The respondent
1746
shall include his or her affidavit with the answer to the
1747
petition or as soon thereafter as is practicable, but in any case
1748
at least 72 hours prior to any hearing on the finances of either
1749
party.
1750
(15) For purposes of establishing an obligation for support
1751
in accordance with this section, if a person who is receiving
1752
public assistance is found to be noncooperative as defined in s.
1753
409.2572, the IV-D agency is authorized to submit to the court an
1754
affidavit attesting to the income of that the custodial parent
1755
based upon information available to the IV-D agency.
1756
(16) The Legislature shall review the guidelines schedule
1757
established in this section at least every 4 years beginning in
1758
1997.
1759
(17) In an initial determination of child support, whether
1760
in a paternity action, dissolution of marriage action, or
1761
petition for support during the marriage, the court has
1762
discretion to award child support retroactive to the date when
1763
the parents did not reside together in the same household with
1764
the child, not to exceed a period of 24 months preceding the
1765
filing of the petition, regardless of whether that date precedes
1766
the filing of the petition. In determining the retroactive award
1767
in such cases, the court shall consider the following:
1768
(a) The court shall apply the guidelines schedule in effect
1769
at the time of the hearing subject to the obligor's demonstration
1770
of his or her actual income, as defined by subsection (2), during
1771
the retroactive period. Failure of the obligor to so demonstrate
1772
shall result in the court using the obligor's income at the time
1773
of the hearing in computing child support for the retroactive
1774
period.
1775
(b) All actual payments made by a the noncustodial parent
1776
to the other custodial parent or the child or third parties for
1777
the benefit of the child throughout the proposed retroactive
1778
period.
1779
(c) The court should consider an installment payment plan
1780
for the payment of retroactive child support.
1781
Section 17. Section 61.401, Florida Statutes, is amended to
1782
read:
1783
61.401 Appointment of guardian ad litem.-- In an action for
1784
dissolution of marriage or for, modification of a parenting plan,
1785
parental responsibility, custody, or visitation, if the court
1786
finds it is in the best interest of the child, the court may
1787
appoint a guardian ad litem to act as next friend of the child,
1788
investigator or evaluator, not as attorney or advocate. The court
1789
in its discretion may also appoint legal counsel for a child to
1790
act as attorney or advocate; however, the guardian and the legal
1791
counsel shall not be the same person. In such actions which
1792
involve an allegation of child abuse, abandonment, or neglect as
1793
defined in s. 39.01, which allegation is verified and determined
1794
by the court to be well-founded, the court shall appoint a
1795
guardian ad litem for the child. The guardian ad litem shall be a
1796
party to any judicial proceeding from the date of the appointment
1797
until the date of discharge.
1798
Section 18. Section 61.45, Florida Statutes, is amended to
1799
read:
1800
61.45 Court-ordered parenting plan Court order of
1801
visitation or custody; risk of violation; bond.--
1802
(1) In any a proceeding in which the court enters a
1803
parenting plan, including a time-sharing schedule an order of
1804
child custody or visitation, including in a modification
1805
proceeding, upon the presentation of competent substantial
1806
evidence that there is a risk that one party may violate the
1807
court's parenting plan order of visitation or custody by removing
1808
a child from this state or country or by concealing the
1809
whereabouts of a child, or upon stipulation of the parties, the
1810
court may:
1811
(a) Order that a parent may not remove the child from this
1812
state without the notarized written permission of both parents or
1813
further court order;
1814
(b) Order that a parent may not remove the child from this
1815
country without the notarized written permission of both parents
1816
or further court order;
1817
(c) Order that a parent may not take the child to a country
1818
that has not ratified or acceded to the Hague Convention on the
1819
Civil Aspects of International Child Abduction unless the other
1820
parent agrees in writing that the child may be taken to the
1821
country;
1822
(d) Require a parent to surrender the passport of the
1823
child; or
1824
(e) Require that party to post bond or other security.
1825
(2) If the court enters a parenting plan, including a time-
1826
sharing schedule an order of child custody or visitation,
1827
including in a modification proceeding, that includes a provision
1828
entered under paragraph (1)(b) or paragraph (1)(c), a certified
1829
copy of the order should be sent by the parent who requested the
1830
restriction to the Passport Services Office of the United States
1831
Department of State requesting that they not issue a passport to
1832
the child without their signature or further court order.
1833
(3) In assessing the need for a bond or other security, the
1834
court may consider any reasonable factor bearing upon the risk
1835
that a party may violate a parenting plan visitation or custody
1836
order by removing a child from this state or country or by
1837
concealing the whereabouts of a child, including but not limited
1838
to whether:
1839
(a) A court has previously found that a party previously
1840
removed a child from Florida or another state in violation of a
1841
parenting plan custody or visitation order, or whether a court
1842
had found that a party has threatened to take a child out of
1843
Florida or another state in violation of a parenting plan custody
1844
or visitation order;
1845
(b) The party has strong family and community ties to
1846
Florida or to other states or countries, including whether the
1847
party or child is a citizen of another country;
1848
(c) The party has strong financial reasons to remain in
1849
Florida or to relocate to another state or country;
1850
(d) The party has engaged in activities that suggest plans
1851
to leave Florida, such as quitting employment; sale of a
1852
residence or termination of a lease on a residence, without
1853
efforts to acquire an alternative residence in the state; closing
1854
bank accounts or otherwise liquidating assets; or applying for a
1855
passport;
1856
(e) Either party has had a history of domestic violence as
1857
either a victim or perpetrator, child abuse or child neglect
1858
evidenced by criminal history, including but not limited to,
1859
arrest, an injunction for protection against domestic violence
1860
issued after notice and hearing under s. 741.30, medical records,
1861
affidavits, or any other relevant information; or
1862
(f) The party has a criminal record.
1863
(4) The court must consider the party's financial resources
1864
prior to setting the bond amount under this section. Under no
1865
circumstances may the court set a bond that is unreasonable.
1866
(5) Any deficiency of bond or security shall not absolve
1867
the violating party of responsibility to pay the full amount of
1868
damages determined by the court.
1869
(6)(a) Upon a material violation of any parenting plan
1870
custody or visitation order by removing a child from this state
1871
or this country or by concealing the whereabouts of a child, the
1872
court may order the bond or other security forfeited in whole or
1873
in part.
1874
(b) This section, including the requirement to post a bond
1875
or other security, does not apply to a parent who, in a
1876
proceeding to order or modify a parenting plan or time-sharing
1877
schedule, is determined by the court to be child custody or
1878
visitation, the court determines is a victim of an act of
1879
domestic violence or provides the court with has reasonable cause
1880
to believe that he or she is about to become the victim of an act
1881
of domestic violence, as defined in s. 741.28. An injunction for
1882
protection against domestic violence issued pursuant to s. 741.30
1883
for a parent as the petitioner which is in effect at the time of
1884
the court proceeding shall be one means of demonstrating
1885
sufficient evidence that the parent is a victim of domestic
1886
violence or is about to become the victim of an act of domestic
1887
violence, as defined in s. 741.28, and shall exempt the parent
1888
from this section, including the requirement to post a bond or
1889
other security. A parent who is determined by the court to be
1890
exempt from the requirements of this section must meet the
1891
requirements of s. 787.03(6) if an offense of interference with
1892
the parenting plan or time-sharing schedule custody is committed.
1893
(7)(a) Upon an order of forfeiture, the proceeds of any
1894
bond or other security posted pursuant to this subsection may
1895
only be used to:
1896
1. Reimburse the nonviolating party for actual costs or
1897
damages incurred in upholding the court's parenting plan order of
1898
custody or visitation.
1899
2. Locate and return the child to the residence as set
1900
forth in the parenting plan visitation or custody order.
1901
3. Reimburse reasonable fees and costs as determined by the
1902
court.
1903
(b) Any remaining proceeds shall be held as further
1904
security if deemed necessary by the court, and if further
1905
security is not found to be necessary; applied to any child
1906
support arrears owed by the parent against whom the bond was
1907
required, and if no arrears exists; all remaining proceeds will
1908
be allocated by the court in the best interest of the child.
1909
(8) At any time after the forfeiture of the bond or other
1910
security, the party who posted the bond or other security, or the
1911
court on its own motion may request that the party provide
1912
documentation substantiating that the proceeds received as a
1913
result of the forfeiture have been used solely in accordance with
1914
this subsection. Any party using such proceeds for purposes not
1915
in accordance with this section may be found in contempt of
1916
court.
1917
Section 19. Subsection (14) of section 409.2554, Florida
1918
Statutes, is amended to read:
1921
(14) "Unidentifiable collection" means a payment received
1922
by the department for which a the noncustodial parent, custodial
1923
parent, depository or circuit civil numbers, or source of the
1924
payment cannot be identified.
1925
Section 20. Paragraphs (b) and (c) of subsection (2) and
1926
subsection (4) of section 409.2558, Florida Statutes, are amended
1927
to read:
1928
409.2558 Support distribution and disbursement.--
1929
(2) UNDISTRIBUTABLE COLLECTIONS.--
1930
(b) Collections that are determined to be undistributable
1931
shall be processed in the following order of priority:
1932
1. Apply the payment to any assigned arrears on the
1933
obligee's custodial parent's case; then
1934
2. Apply the payment to any administrative costs ordered by
1935
the court pursuant to s. 409.2567 associated with the obligee's
1936
custodial parent's case; then
1937
3. When the obligor noncustodial parent is subject to a
1938
valid order to support another child in a case with a different
1939
obligee custodial parent and the obligation is being enforced by
1940
the department, the department shall send by certified mail,
1941
restricted delivery, return receipt requested, to the obligor
1942
noncustodial parent at the most recent address provided by the
1943
obligor noncustodial parent to the tribunal that issued the
1944
order, a notice stating the department's intention to apply the
1945
payment pursuant to this subparagraph, and advising the obligor
1946
noncustodial parent of the right to contest the department's
1947
proposed action in the circuit court by filing and serving a
1948
petition on the department within 30 days after the mailing of
1949
the notice. If the obligor noncustodial parent does not file and
1950
serve a petition within the 30 days after mailing of the notice,
1951
or upon a disposition of the judicial action favorable to the
1952
department, the department shall apply the payment toward his or
1953
her other support obligation. If there is more than one such
1954
other case, the department shall allocate the remaining
1955
undistributable amount as specified by s. 61.1301(4)(c); then
1956
4. Return the payment to the obligor noncustodial parent;
1957
then
1958
5. If the obligor noncustodial parent cannot be located
1959
after diligent efforts by the department, the federal share of
1960
the payment shall be credited to the Federal Government and the
1961
state share shall be transferred to the General Revenue Fund.
1962
(c) Refunds to obligors noncustodial parents that are
1963
determined to be undistributable shall be processed in the
1964
following manner:
1965
1. The federal share of the refund shall be sent to the
1966
Federal Government.
1967
2. The state share shall be credited to the General Revenue
1968
Fund.
1969
(4) RECLAIMING COLLECTIONS DECLARED TO BE UNDISTRIBUTABLE
1970
OR UNIDENTIFIABLE.--At such time as an undistributable or
1971
unidentifiable collection that has been transferred to the
1972
Federal Government and to the General Revenue Fund in the
1973
relevant method above becomes distributable or identified,
1974
meaning either the obligor noncustodial parent or the obligee
1975
custodial parent is identified or located, the department shall
1976
retrieve the transferred moneys in the following manner:
1977
(a) Offset the next credit to the Federal Government in an
1978
amount equal to the share of the collection which had been
1979
transferred; and
1980
(b) Offset the next transfer to the General Revenue Fund in
1981
an amount equal to the state share of the collection which had
1982
been transferred to the General Revenue Fund.
1983
1984
The collection shall then be processed, as appropriate.
1985
Section 21. Paragraph (a) of subsection (1), paragraphs
1986
(b), (c), (d), and (f) of subsection (2), subsection (4),
1987
paragraphs (a) and (c) of subsection (5), subsection (6),
1988
paragraphs (b), (c), (d), and (e) of subsection (7), paragraphs
1989
(a) and (b) of subsection (10), and subsections (13) and (17) of
1990
section 409.2563, Florida Statutes, are amended to read:
1991
409.2563 Administrative establishment of child support
1992
obligations.--
1993
(1) DEFINITIONS.--As used in this section, the term:
1994
(a) "Administrative support order" means a final order
1995
rendered by or on behalf of the department pursuant to this
1996
section establishing or modifying the obligation of a
1997
noncustodial parent to contribute to the support and maintenance
1998
of his or her child or children, which may include provisions for
1999
monetary support, retroactive support, health care, and other
2000
elements of support pursuant to chapter 61.
2001
(2) PURPOSE AND SCOPE.--
2002
(b) The administrative procedure set forth in this section
2003
concerns only the establishment of child support obligations.
2004
This section does not grant jurisdiction to the department or the
2005
Division of Administrative Hearings to hear or determine issues
2006
of dissolution of marriage, separation, alimony or spousal
2007
support, termination of parental rights, dependency, disputed
2008
paternity, except for a determination of paternity as provided in
2009
s. 409.256, award of or change of time-sharing custody, or
2010
visitation. This paragraph notwithstanding, the department and
2011
the Division of Administrative Hearings may make findings of fact
2012
that are necessary for a proper determination of a noncustodial
2013
parent's support obligation as authorized by this section.
2014
(c) If there is no support order for a child in a Title IV-
2015
D case whose paternity has been established or is presumed by
2016
law, or whose paternity is the subject of a proceeding under s.
2017
409.256, the department may establish a the noncustodial parent's
2018
child support obligation pursuant to this section, s. 61.30, and
2019
other relevant provisions of state law. The noncustodial parent's
2020
obligation determined by the department may include any
2021
obligation to pay retroactive support and any obligation to
2022
provide for health care for a child, whether through insurance
2023
coverage, reimbursement of expenses, or both. The department may
2024
proceed on behalf of:
2025
1. An applicant or recipient of public assistance, as
2027
2. A former recipient of public assistance, as provided by
2028
s. 409.2569;
2029
3. An individual who has applied for services as provided
2030
by s. 409.2567;
2031
4. Itself or the child, as provided by s. 409.2561; or
2032
5. A state or local government of another state, as
2033
provided by chapter 88.
2034
(d) Either parent, or a caretaker relative if applicable,
2035
may at any time file a civil action in a circuit court having
2036
jurisdiction and proper venue to determine parental support
2037
obligations the noncustodial parent's child support obligations,
2038
if any. A support order issued by a circuit court prospectively
2039
supersedes an administrative support order rendered by the
2040
department.
2041
(f) The department shall terminate the administrative
2042
proceeding and file an action in circuit court to determine
2043
support if within 20 days after receipt of the initial notice the
2044
noncustodial parent from whom support is being sought requests in
2045
writing that the department proceed in circuit court or states in
2046
writing his or her the noncustodial parent's intention to address
2047
issues concerning time-sharing custody or rights to parental
2048
contact in court and if within 10 days after receipt of the
2049
department's petition and waiver of service the noncustodial
2050
parent from whom support is being sought signs and returns the
2051
waiver of service form to the department.
2052
(4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
2053
SUPPORT ORDER.--To commence a proceeding under this section, the
2054
department shall provide to the custodial parent from whom
2055
support is not being sought and serve the noncustodial parent
2056
from whom support is being sought with a notice of proceeding to
2057
establish administrative support order and a blank financial
2058
affidavit form. The notice must state:
2059
(a) The names of both parents, the name of the caretaker
2060
relative, if any, and the name and date of birth of the child or
2061
children;
2062
(b) That the department intends to establish an
2063
administrative support order as defined in this section;
2064
(c) That both parents must submit a completed financial
2065
affidavit to the department within 20 days after receiving the
2066
notice, as provided by paragraph (13)(a);
2067
(d) That both parents, or parent and caretaker relative if
2068
applicable, are required to furnish to the department information
2069
regarding their identities and locations, as provided by
2070
paragraph (13)(b);
2071
(e) That both parents, or parent and caretaker relative if
2072
applicable, are required to promptly notify the department of any
2073
change in their mailing addresses to ensure receipt of all
2074
subsequent pleadings, notices, and orders, as provided by
2075
paragraph (13)(c);
2076
(f) That the department will calculate support obligations
2077
based on the child support guidelines schedule in s. 61.30 and
2078
using all available information, as provided by paragraph (5)(a),
2079
and will incorporate such obligations into a proposed
2080
administrative support order;
2081
(g) That the department will send by regular mail to both
2082
parents, or parent and caretaker relative if applicable, a copy
2083
of the proposed administrative support order, the department's
2084
child support worksheet, and any financial affidavits submitted
2085
by a parent or prepared by the department;
2086
(h) That the noncustodial parent from whom support is being
2087
sought may file a request for a hearing in writing within 20 days
2088
after the date of mailing or other service of the proposed
2089
administrative support order or will be deemed to have waived the
2090
right to request a hearing;
2091
(i) That if the noncustodial parent from whom support is
2092
being sought does not file a timely request for hearing after
2093
service of the proposed administrative support order, the
2094
department will issue an administrative support order that
2095
incorporates the findings of the proposed administrative support
2096
order, and will send by regular mail a copy of the administrative
2097
support order to both parents, or parent and caretaker relative
2098
if applicable;
2099
(j) That after an administrative support order is rendered,
2100
the department will file a copy of the order with the clerk of
2101
the circuit court;
2102
(k) That after an administrative support order is rendered,
2103
the department may enforce the administrative support order by
2104
any lawful means;
2105
(l) That either parent, or caretaker relative if
2106
applicable, may file at any time a civil action in a circuit
2107
court having jurisdiction and proper venue to determine parental
2108
support obligations the noncustodial parent's child support
2109
obligations, if any, and that a support order issued by a circuit
2110
court supersedes an administrative support order rendered by the
2111
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. The parent from whom support is being sought
2117
noncustodial parent may request in writing that the department
2118
proceed in circuit court to determine his or her support
2119
obligations.
2120
2. The parent from whom support is being sought
2121
noncustodial parent may state in writing to the department his or
2122
her intention to address issues concerning custody or rights to
2123
parental contact in circuit court.
2124
3. If the parent from whom support is being sought
2125
noncustodial parent submits the request authorized in
2126
subparagraph 1., or the statement authorized in subparagraph 2.
2127
to the department within 20 days after the receipt of the initial
2128
notice, the department shall file a petition in circuit court for
2129
the determination of the noncustodial parent's child support
2130
obligations, and shall send to the parent from whom support is
2131
being sought noncustodial parent a copy of its petition, a notice
2132
of commencement of action, and a request for waiver of service of
2133
process as provided in the Florida Rules of Civil Procedure.
2134
4. If, within 10 days after receipt of the department's
2135
petition and waiver of service, the parent from whom support is
2136
being sought noncustodial parent signs and returns the waiver of
2137
service form to the department, the department shall terminate
2138
the administrative proceeding without prejudice and proceed in
2139
circuit court.
2140
5. In any circuit court action filed by the department
2141
pursuant to this paragraph or filed by a parent from whom support
2142
is being sought noncustodial parent or other person pursuant to
2143
paragraph (l) or paragraph (n), the department shall be a party
2144
only with respect to those issues of support allowed and
2145
reimbursable under Title IV-D of the Social Security Act. It is
2146
the responsibility of the parent from whom support is being
2147
sought noncustodial parent or other person to take the necessary
2148
steps to present other issues for the court to consider.
2149
(n) That if the parent from whom support is being sought
2150
noncustodial parent files an action in circuit court and serves
2151
the department with a copy of the petition within 20 days after
2152
being served notice under this subsection, the administrative
2153
process ends without prejudice and the action must proceed in
2154
circuit court;
2155
(o) Information provided by the Office of State Courts
2156
Administrator concerning the availability and location of self-
2157
help programs for those who wish to file an action in circuit
2158
court but who cannot afford an attorney.
2159
2160
The department may serve the notice of proceeding to establish
2161
administrative support order by certified mail, restricted
2162
delivery, return receipt requested. Alternatively, the department
2163
may serve the notice by any means permitted for service of
2164
process in a civil action. For purposes of this section, an
2165
authorized employee of the department may serve the notice and
2166
execute an affidavit of service. Service by certified mail is
2167
completed when the certified mail is received or refused by the
2168
addressee or by an authorized agent as designated by the
2169
addressee in writing. If a person other than the addressee signs
2170
the return receipt, the department shall attempt to reach the
2171
addressee by telephone to confirm whether the notice was
2172
received, and the department shall document any telephonic
2173
communications. If someone other than the addressee signs the
2174
return receipt, the addressee does not respond to the notice, and
2175
the department is unable to confirm that the addressee has
2176
received the notice, service is not completed and the department
2177
shall attempt to have the addressee served personally. The
2178
department shall provide the custodial parent from whom support
2179
is not being sought or caretaker relative with a copy of the
2180
notice by regular mail to the last known address of the custodial
2181
parent from whom support is not being sought or caretaker.
2182
(5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--
2183
(a) After serving notice upon a the noncustodial parent in
2184
accordance with subsection (4), the department shall calculate
2185
that the noncustodial parent's child support obligation under the
2186
child support guidelines schedule as provided by s. 61.30, based
2187
on any timely financial affidavits received and other information
2188
available to the department. If either parent fails to comply
2189
with the requirement to furnish a financial affidavit, the
2190
department may proceed on the basis of information available from
2191
any source, if such information is sufficiently reliable and
2192
detailed to allow calculation of guideline schedule amounts under
2193
s. 61.30. If a the custodial parent receives public assistance
2194
and fails to submit a financial affidavit, the department may
2195
submit a financial affidavit for that the custodial parent
2196
pursuant to s. 61.30(15). If there is a lack of sufficient
2197
reliable information concerning a parent's actual earnings for a
2198
current or past period, it shall be presumed for the purpose of
2199
establishing a support obligation that the parent had an earning
2200
capacity equal to the federal minimum wage during the applicable
2201
period.
2202
(c) The department shall provide a notice of rights with
2203
the proposed administrative support order, which notice must
2204
inform the noncustodial parent that:
2205
1. The noncustodial parent from whom support is being
2206
sought may, within 20 days after the date of mailing or other
2207
service of the proposed administrative support order, request a
2208
hearing by filing a written request for hearing in a form and
2209
manner specified by the department;
2210
2. If the noncustodial parent from whom support is being
2211
sought files a timely request for a hearing, the case shall be
2212
transferred to the Division of Administrative Hearings, which
2213
shall conduct further proceedings and may enter an administrative
2214
support order;
2215
3. A noncustodial parent from whom support is being sought
2216
who fails to file a timely request for a hearing shall be deemed
2217
to have waived the right to a hearing, and the department may
2218
render an administrative support order pursuant to paragraph
2219
(7)(b);
2220
4. The noncustodial parent from whom support is being
2221
sought may consent in writing to entry of an administrative
2222
support order without a hearing;
2223
5. The noncustodial parent from whom support is being
2224
sought may, within 10 days after the date of mailing or other
2225
service of the proposed administrative support order, contact a
2226
department representative, at the address or telephone number
2227
specified in the notice, to informally discuss the proposed
2228
administrative support order and, if informal discussions are
2229
requested timely, the time for requesting a hearing will be
2230
extended until 10 days after the department notifies the
2231
noncustodial parent that the informal discussions have been
2232
concluded; and
2233
6. If an administrative support order that establishes a
2234
noncustodial parent's support obligation is rendered, whether
2235
after a hearing or without a hearing, the department may enforce
2236
the administrative support order by any lawful means.
2237
(6) HEARING.--If the noncustodial parent from whom support
2238
is being sought files a timely request for hearing, the
2239
department shall refer the hearing request to the Division of
2240
Administrative Hearings. Unless otherwise provided by this
2241
section, chapter 120 and the Uniform Rules of Procedure shall
2242
govern the conduct of the proceedings. The administrative law
2243
judge shall consider all available and admissible information and
2244
any presumptions that apply as provided by paragraph (5)(a).
2245
(7) ADMINISTRATIVE SUPPORT ORDER.--
2246
(b) If the noncustodial parent from whom support is being
2247
sought does not file a timely request for a hearing, the
2248
noncustodial parent will be deemed to have waived the right to
2249
request a hearing.
2250
(c) If the noncustodial parent from whom support is being
2251
sought waives the right to a hearing, or consents in writing to
2252
the entry of an order without a hearing, the department may
2253
render an administrative support order.
2254
(d) The department shall send by regular mail a copy of the
2255
administrative support order, or the final order denying an
2256
administrative support order, to both parents, or a parent and
2257
caretaker relative if applicable. The noncustodial parent from
2258
whom support is being sought shall be notified of the right to
2259
seek judicial review of the administrative support order in
2260
accordance with s. 120.68.
2261
(e) An administrative support order must comply with s.
2262
61.30. The department shall develop a standard form or forms for
2263
administrative support orders. An administrative support order
2264
must provide and state findings, if applicable, concerning:
2265
1. The full name and date of birth of the child or
2266
children;
2267
2. The name of the noncustodial parent from whom support is
2268
being sought and the other custodial parent or caretaker
2269
relative;
2270
3. The noncustodial parent's duty and ability to provide
2271
support;
2272
4. The amount of the noncustodial parent's monthly support
2273
obligation;
2274
5. Any obligation to pay retroactive support;
2275
6. The noncustodial parent's obligation to provide for the
2276
health care needs of each child, whether through insurance
2277
coverage, contribution towards the cost of insurance coverage,
2278
payment or reimbursement of health care expenses for the child,
2279
or any combination thereof;
2280
7. The beginning date of any required monthly payments and
2281
health care coverage;
2282
8. That all support payments ordered must be paid to the
2283
Florida State Disbursement Unit as provided by s. 61.1824;
2284
9. That the parents, or caretaker relative if applicable,
2285
must file with the department when the administrative support
2286
order is rendered, if they have not already done so, and update
2287
as appropriate the information required pursuant to paragraph
2288
(13)(b);
2289
10. That both parents, or parent and caretaker relative if
2290
applicable, are required to promptly notify the department of any
2291
change in their mailing addresses pursuant to paragraph (13)(c);
2292
and
2293
11. That if the noncustodial parent ordered to pay support
2294
receives unemployment compensation benefits, the payor shall
2295
withhold, and transmit to the department, 40 percent of the
2296
benefits for payment of support, not to exceed the amount owed.
2297
2298
An income deduction order as provided by s. 61.1301 must be
2299
incorporated into the administrative support order or, if not
2300
incorporated into the administrative support order, the
2301
department or the Division of Administrative Hearings shall
2302
render a separate income deduction order.
2303
(10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER
2304
SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--
2305
(a) The obligor A noncustodial parent has the right to seek
2306
judicial review of an administrative support order or a final
2307
order denying an administrative support order in accordance with
2308
s. 120.68. The department has the right to seek judicial review,
2309
in accordance with s. 120.68, of an administrative support order
2310
or a final order denying an administrative support order entered
2311
by an administrative law judge of the Division of Administrative
2312
Hearings.
2313
(b) An administrative support order rendered under this
2314
section has the same force and effect as a court order and may be
2315
enforced by any circuit court in the same manner as a support
2316
order issued by the court, except for contempt. If the circuit
2317
court issues its own order enforcing the administrative support
2318
order, the circuit court may enforce its own order by contempt.
2319
The presumption of ability to pay and purge contempt established
2320
in s. 61.14(5)(a) applies to an administrative support order that
2321
includes a finding of present ability to pay. Enforcement by the
2322
court, without any change by the court in the support obligations
2323
established in the administrative support order, does not
2324
supersede the administrative support order or affect the
2325
department's authority to modify the administrative support order
2326
as provided by subsection (12). An order by the court that
2327
requires a the noncustodial parent to make periodic payments on
2328
arrearages does not constitute a change in the support
2329
obligations established in the administrative support order and
2330
does not supersede the administrative order.
2331
(13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
2332
ADDRESS OF RECORD.--In all proceedings pursuant to this section:
2333
(a) Each The noncustodial parent and custodial parent must
2334
execute and furnish to the department, no later than 20 days
2335
after receipt of the notice of proceeding to establish
2336
administrative support order, a financial affidavit in the form
2337
prescribed by the department. An updated financial affidavit must
2338
be executed and furnished to the department at the inception of
2339
each proceeding to modify an administrative support order.
2340
Caretaker relatives are not required to furnish financial
2341
affidavits.
2342
(b) Each The noncustodial parent, custodial parent, and
2343
caretaker relative if applicable, shall disclose to the
2344
department, no later than 20 days after receipt of the notice of
2345
proceeding to establish administrative support order, and update
2346
as appropriate, information regarding his or her their identity
2347
and location, including names he or she is they are known by;
2348
social security number numbers; residential and mailing
2349
addresses; telephone numbers; driver's license numbers; and
2350
names, addresses, and telephone numbers of employers. Pursuant to
2351
the federal Personal Responsibility and Work Opportunity
2352
Reconciliation Act of 1996, each person must provide his or her
2353
social security number in accordance with this section.
2354
Disclosure of social security numbers obtained through this
2355
requirement shall be limited to the purpose of administration of
2356
the Title IV-D program for child support enforcement.
2357
(c) Each The noncustodial parent, custodial parent, and
2358
caretaker relative, if applicable, have a continuing obligation
2359
to promptly inform the department in writing of any change in his
2360
or her their mailing address addresses to ensure receipt of all
2361
subsequent pleadings, notices, payments, statements, and orders,
2362
and receipt is presumed if sent by regular mail to the most
2363
recent address furnished by the person.
2364
(17) EVALUATION.--The Office of Program Policy Analysis and
2365
Government Accountability shall conduct an evaluation of the
2366
statewide implementation of the administrative process for
2367
establishing child support provided for in this section. This
2368
evaluation shall examine whether these processes have been
2369
effectively implemented and administered statewide and are
2370
operating to the benefit of the children, including, but not
2371
limited to the ability of Title IV-D parents to easily access the
2372
court system for necessary court action. The Office of Program
2373
Policy Analysis and Government Accountability shall submit an
2374
evaluation report on the statewide implementation of the
2375
administrative processes for establishing child support by June
2376
30, 2006.
2377
Section 22. Subsections (1), (4), and (11) of section
2378
409.2564, Florida Statutes, are amended to read:
2379
409.2564 Actions for support.--
2380
(1) In each case in which regular support payments are not
2381
being made as provided herein, the department shall institute,
2382
within 30 days after determination of the obligor's reasonable
2383
ability to pay, action as is necessary to secure the obligor's
2384
payment of current support and any arrearage which may have
2385
accrued under an existing order of support. The department shall
2386
notify the program attorney in the judicial circuit in which the
2387
recipient resides setting forth the facts in the case, including
2388
the obligor's address, if known, and the public assistance case
2389
number. Whenever applicable, the procedures established under the
2390
provisions of chapter 88, Uniform Interstate Family Support Act,
2391
chapter 61, Dissolution of Marriage; Support; Time-sharing
2392
Custody, chapter 39, Proceedings Relating to Children, chapter
2393
984, Children and Families in Need of Services, and chapter 985,
2394
Delinquency; Interstate Compact on Juveniles, may govern actions
2395
instituted under the provisions of this act, except that actions
2396
for support under chapter 39, chapter 984, or chapter 985 brought
2397
pursuant to this act shall not require any additional
2398
investigation or supervision by the department.
2399
(4) Whenever the Department of Revenue has undertaken an
2400
action for enforcement of support, the Department of Revenue may
2401
enter into an agreement with the obligor for the entry of a
2402
judgment determining paternity, if applicable, and for periodic
2403
child support payments based on the child support guidelines
2404
schedule in s. 61.30. Prior to entering into this agreement, the
2405
obligor shall be informed that a judgment will be entered based
2406
on the agreement. The clerk of the court shall file the agreement
2407
without the payment of any fees or charges, and the court, upon
2408
entry of the judgment, shall forward a copy of the judgment to
2409
the parties to the action. To encourage out-of-court settlement
2410
and promote support order compliance, if the obligor and the
2411
Department of Revenue agree on entry of a support order and its
2412
terms, the guideline amount owed for retroactive support that is
2413
permanently assigned to the state shall be reduced by 25 percent.
2414
(11) The Title IV-D agency shall review child support
2415
orders in IV-D cases at least every 3 years upon request by
2416
either party, or the agency in cases where there is an assignment
2417
of support to the state under s. 414.095(7), and may seek
2418
adjustment of the order if appropriate under the guidelines
2419
schedule established in s. 61.30. Not less than once every 3
2420
years the IV-D agency shall provide notice to the parties subject
2421
to the order informing them of their right to request a review
2422
and, if appropriate, an adjustment of the child support order.
2423
Said notice requirement may be met by including appropriate
2424
language in the initial support order or any subsequent orders.
2425
Section 23. Paragraph (a) of subsection (2) of section
2426
409.25657, Florida Statutes, is amended to read:
2427
409.25657 Requirements for financial institutions.--
2428
(2) The department shall develop procedures to enter into
2429
agreements with financial institutions doing business in the
2430
state, in coordination with such financial institutions and with
2431
the Federal Parent Locator Service in the case of financial
2432
institutions doing business in two or more states, to develop and
2433
operate a data match system, using automated data exchanges to
2434
the maximum extent feasible, in which each financial institution
2435
is required to provide for each calendar quarter the name, record
2436
address, social security number or other taxpayer identification
2437
number, average daily account balance, and other identifying
2438
information for:
2439
(a) Each noncustodial parent who maintains an account at
2440
such institution and who owes past due support, as identified by
2441
the department by name and social security number or other
2442
taxpayer identification number; or
2443
Section 24. Subsections (2) and (5) of section 409.25659,
2444
Florida Statutes, are amended to read:
2445
409.25659 Insurance claim data exchange.--
2446
(2) The department shall develop and operate a data match
2447
system after consultation with one or more insurers, using
2448
automated data exchanges to the maximum extent feasible, in which
2449
an insurer may voluntarily provide the department monthly with
2450
the name, address, and, if known, date of birth and social
2451
security number or other taxpayer identification number for each
2452
noncustodial parent who has a claim with the insurer and who owes
2453
past due support, and the claim number maintained by the insurer
2454
for each claim. An insurer may provide such data by:
2455
(a) Authorizing an insurance claim data collection
2456
organization, to which the insurer subscribes and to which the
2457
insurer submits the required claim data on at least a monthly
2458
basis, to:
2459
1. Receive or access a data file from the department and
2460
conduct a data match of all noncustodial parents who have a claim
2461
with the insurer and who owe past due support and submit the
2462
required data for each such noncustodial parent to the
2463
department; or
2464
2. Submit a data file to the department which contains the
2465
required data for each claim being maintained by the insurer for
2466
the department to conduct a data match;
2467
(b) Providing the required data for each claim being
2468
maintained by the insurer directly to the department in an
2469
electronic medium; or
2470
(c) Receiving or accessing a data file from the department
2471
and conducting a data match of all noncustodial parents who have
2472
a claim with the insurer and who owe past due support and
2473
submitting the required data for each such noncustodial parent to
2474
the department.
2475
(5) The department and insurers may only use the data
2476
obtained pursuant to subsection (2) for the purpose of
2477
identifying noncustodial parents who owe past due support. If the
2478
department does not match such data with a noncustodial parent
2479
who owes past due support, such data shall be destroyed
2480
immediately and shall not be maintained by the department.
2481
Section 25. Section 409.2577, Florida Statutes, is amended
2482
to read:
2483
409.2577 Parent locator service.--The department shall
2484
establish a parent locator service to assist in locating parents
2485
who have deserted their children and other persons liable for
2486
support of dependent children. The department shall use all
2487
sources of information available, including the Federal Parent
2488
Locator Service, and may request and shall receive information
2489
from the records of any person or the state or any of its
2490
political subdivisions or any officer thereof. Any agency as
2491
defined in s. 120.52, any political subdivision, and any other
2492
person shall, upon request, provide the department any
2493
information relating to location, salary, insurance, social
2494
security, income tax, and employment history necessary to locate
2495
parents who owe or potentially owe a duty of support pursuant to
2496
Title IV-D of the Social Security Act. This provision shall
2497
expressly take precedence over any other statutory nondisclosure
2498
provision which limits the ability of an agency to disclose such
2499
information, except that law enforcement information as provided
2500
in s. 119.071(4)(d) is not required to be disclosed, and except
2501
that confidential taxpayer information possessed by the
2502
Department of Revenue shall be disclosed only to the extent
2503
authorized in s. 213.053(16). Nothing in this section requires
2504
the disclosure of information if such disclosure is prohibited by
2505
federal law. Information gathered or used by the parent locator
2506
service is confidential and exempt from the provisions of s.
2507
119.07(1). Additionally, the department is authorized to collect
2508
any additional information directly bearing on the identity and
2509
whereabouts of a person owing or asserted to be owing an
2510
obligation of support for a dependent child. The department
2511
shall, upon request, make information available only to public
2512
officials and agencies of this state; political subdivisions of
2513
this state, including any agency thereof providing child support
2514
enforcement services to non-Title IV-D clients; the custodial
2515
parent owed support, legal guardian, attorney, or agent of the
2516
child; and other states seeking to locate parents who have
2517
deserted their children and other persons liable for support of
2518
dependents, for the sole purpose of establishing, modifying, or
2519
enforcing their liability for support, and shall make such
2520
information available to the Department of Children and Family
2521
Services for the purpose of diligent search activities pursuant
2522
to chapter 39. If the department has reasonable evidence of
2523
domestic violence or child abuse and the disclosure of
2524
information could be harmful to the custodial parent owed support
2525
or the child of such parent, the child support program director
2526
or designee shall notify the Department of Children and Family
2527
Services and the Secretary of the United States Department of
2528
Health and Human Services of this evidence. Such evidence is
2529
sufficient grounds for the department to disapprove an
2530
application for location services.
2531
Section 26. Paragraph (e) of subsection (1) of section
2532
409.2579, Florida Statutes, is amended to read:
2533
409.2579 Safeguarding Title IV-D case file information.--
2534
(1) Information concerning applicants for or recipients of
2535
Title IV-D child support services is confidential and exempt from
2536
the provisions of s. 119.07(1). The use or disclosure of such
2537
information by the IV-D program is limited to purposes directly
2538
connected with:
2539
(e) Mandatory disclosure of identifying and location
2540
information as provided in s. 61.13(7)(8) by the IV-D program
2541
when providing Title IV-D services.
2542
Section 27. Subsection (11) of section 409.811, Florida
2543
Statutes, is amended to read:
2544
409.811 Definitions relating to Florida Kidcare Act.--As
2546
(11) "Family" means the group or the individuals whose
2547
income is considered in determining eligibility for the Florida
2548
Kidcare program. The family includes a child with a custodial
2549
parent or caretaker relative who resides in the same house or
2550
living unit or, in the case of a child whose disability of nonage
2551
has been removed under chapter 743, the child. The family may
2552
also include other individuals whose income and resources are
2553
considered in whole or in part in determining eligibility of the
2554
child.
2555
Section 28. Subsection (5) of section 414.0252, Florida
2556
Statutes, is amended to read:
2558
term:
2559
(5) "Family" means the assistance group or the individuals
2560
whose needs, resources, and income are considered when
2561
determining eligibility for temporary assistance. The family for
2562
purposes of temporary assistance includes the minor child, a
2563
custodial parent, or caretaker relative who resides in the same
2564
house or living unit. The family may also include individuals
2565
whose income and resources are considered in whole or in part in
2566
determining eligibility for temporary assistance but whose needs,
2567
due to federal or state restrictions, are not considered. These
2568
individuals include, but are not limited to, ineligible
2569
noncitizens or sanctioned individuals.
2570
Section 29. Paragraph (a) of subsection (4) and subsection
2571
(5) of section 414.065, Florida Statutes, are amended to read:
2572
414.065 Noncompliance with work requirements.--
2573
(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
2574
otherwise provided, the situations listed in this subsection
2575
shall constitute exceptions to the penalties for noncompliance
2576
with participation requirements, except that these situations do
2577
not constitute exceptions to the applicable time limit for
2578
receipt of temporary cash assistance:
2579
(a) Noncompliance related to child care.--Temporary cash
2580
assistance may not be terminated for refusal to participate in
2581
work activities if the individual is a single custodial parent
2582
caring for a child who has not attained 6 years of age, and the
2583
adult proves to the regional workforce board an inability to
2584
obtain needed child care for one or more of the following
2585
reasons, as defined in the Child Care and Development Fund State
2586
Plan required by 45 C.F.R. part 98:
2587
1. Unavailability of appropriate child care within a
2588
reasonable distance from the individual's home or worksite.
2589
2. Unavailability or unsuitability of informal child care
2590
by a relative or under other arrangements.
2591
3. Unavailability of appropriate and affordable formal
2592
child care arrangements.
2593
(5) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--
2594
(a) The court may order a noncustodial parent who is
2595
delinquent in support payments, pursuant to the terms of a
2596
support order, to participate in work activities under this
2597
chapter, or as provided in s. 61.14(5)(b), so that the parent may
2598
obtain employment and fulfill the obligation to provide support
2599
payments. A noncustodial parent who fails to satisfactorily
2600
engage in court-ordered work activities may be held in contempt.
2601
(b) The court may order a noncustodial parent to
2602
participate in work activities under this chapter if the child of
2603
the noncustodial parent has been placed with a relative, in an
2604
emergency shelter, in foster care, or in other substitute care,
2605
and:
2606
1. The case plan requires the noncustodial parent to
2607
participate in work activities; or
2608
2. The noncustodial parent would be eligible to participate
2609
in work activities and subject to work activity requirements if
2610
the child were living with the parent.
2611
2612
If a noncustodial parent fails to comply with the case plan, the
2613
noncustodial parent may be removed from program participation.
2614
Section 30. Paragraph (c) of subsection (1) of section
2615
414.085, Florida Statutes, is amended to read:
2616
414.085 Income eligibility standards.--
2617
(1) For purposes of program simplification and effective
2618
program management, certain income definitions, as outlined in
2619
the food stamp regulations at 7 C.F.R. s. 273.9, shall be applied
2620
to the temporary cash assistance program as determined by the
2621
department to be consistent with federal law regarding temporary
2622
cash assistance and Medicaid for needy families, except as to the
2623
following:
2624
(c) The first $50 of child support paid to a custodial
2625
parent receiving temporary cash assistance may not be disregarded
2626
in calculating the amount of temporary cash assistance for the
2627
family, unless such exclusion is required by federal law.
2628
Section 31. Subsection (2) and paragraph (a) of subsection
2629
(6) of section 414.095, Florida Statutes, are amended to read:
2630
414.095 Determining eligibility for temporary cash
2631
assistance.--
2632
(2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--
2633
(a) To be eligible for services or temporary cash
2634
assistance and Medicaid:
2635
1. An applicant must be a United States citizen, or a
2636
qualified noncitizen, as defined in this section.
2637
2. An applicant must be a legal resident of the state.
2638
3. Each member of a family must provide to the department
2639
the member's social security number or shall provide proof of
2640
application for a social security number. An individual who fails
2641
to provide a social security number, or proof of application for
2642
a social security number, is not eligible to participate in the
2643
program.
2644
4. A minor child must reside with a custodial parent or
2645
parents, with a relative caretaker who is within the specified
2646
degree of blood relationship as defined by 45 C.F.R. part 233,
2647
or, if the minor is a teen parent with a child, in a setting
2648
approved by the department as provided in subsection (14).
2649
5. Each family must have a minor child and meet the income
2650
and resource requirements of the program. All minor children who
2651
live in the family, as well as the parents of the minor children,
2652
shall be included in the eligibility determination unless
2653
specifically excluded.
2654
(b) The following members of a family are eligible to
2655
participate in the program if all eligibility requirements are
2656
met:
2657
1. A minor child who resides with a custodial parent or
2658
other adult caretaker relative.
2659
2. The parent of a minor child with whom the child resides.
2660
3. The caretaker relative with whom the minor child resides
2661
who chooses to have her or his needs and income included in the
2662
family.
2663
4. Unwed minor children and their children if the unwed
2664
minor child lives at home or in an adult-supervised setting and
2665
if temporary cash assistance is paid to an alternative payee.
2666
5. A pregnant woman.
2667
(6) CHILD SUPPORT ENFORCEMENT.--As a condition of
2668
eligibility for public assistance, the family must cooperate with
2669
the state agency responsible for administering the child support
2670
enforcement program in establishing the paternity of the child,
2671
if the child is born out of wedlock, and in obtaining support for
2672
the child or for the parent or caretaker relative and the child.
2673
Cooperation is defined as:
2674
(a) Assisting in identifying and locating a noncustodial
2675
parent who does not live in the same home as the child and
2676
providing complete and accurate information on that parent;
2677
2678
This subsection does not apply if the state agency that
2679
administers the child support enforcement program determines that
2680
the parent or caretaker relative has good cause for failing to
2681
cooperate.
2682
Section 32. Subsection (1) of section 414.295, Florida
2683
Statutes, is amended to read:
2684
414.295 Temporary cash assistance programs; public records
2685
exemption.--
2686
(1) Personal identifying information of a temporary cash
2687
assistance program participant, a participant's family, or a
2688
participant's family or household member, except for information
2689
identifying a noncustodial parent who does not live in the same
2690
home as the child, held by the department, the Agency for
2691
Workforce Innovation, Workforce Florida, Inc., the Department of
2692
Health, the Department of Revenue, the Department of Education,
2693
or a regional workforce board or local committee created pursuant
2695
24(a), Art. I of the State Constitution. Such confidential and
2696
exempt information may be released for purposes directly
2697
connected with:
2698
(a) The administration of the temporary assistance for
2699
needy families plan under Title IV-A of the Social Security Act,
2700
as amended, by the department, the Agency for Workforce
2701
Innovation, Workforce Florida, Inc., the Department of Military
2702
Affairs, the Department of Health, the Department of Revenue, the
2703
Department of Education, a regional workforce board or local
2704
committee created pursuant to s. 445.007, or a school district.
2705
(b) The administration of the state's plan or program
2706
approved under Title IV-B, Title IV-D, or Title IV-E of the
2707
Social Security Act, as amended, or under Title I, Title X, Title
2708
XIV, Title XVI, Title XIX, Title XX, or Title XXI of the Social
2709
Security Act, as amended.
2710
(c) Any investigation, prosecution, or any criminal, civil,
2711
or administrative proceeding conducted in connection with the
2712
administration of any of the plans or programs specified in
2713
paragraph (a) or paragraph (b) by a federal, state, or local
2714
governmental entity, upon request by that entity, when such
2715
request is made pursuant to the proper exercise of that entity's
2716
duties and responsibilities.
2717
(d) The administration of any other state, federal, or
2718
federally assisted program that provides assistance or services
2719
on the basis of need, in cash or in kind, directly to a
2720
participant.
2721
(e) Any audit or similar activity, such as a review of
2722
expenditure reports or financial review, conducted in connection
2723
with the administration of any of the plans or programs specified
2724
in paragraph (a) or paragraph (b) by a governmental entity
2725
authorized by law to conduct such audit or activity.
2726
(f) The administration of the unemployment compensation
2727
program.
2728
(g) The reporting to the appropriate agency or official of
2729
information about known or suspected instances of physical or
2730
mental injury, sexual abuse or exploitation, or negligent
2731
treatment or maltreatment of a child or elderly person receiving
2732
assistance, if circumstances indicate that the health or welfare
2733
of the child or elderly person is threatened.
2734
(h) The administration of services to elderly persons under
2736
Section 33. Paragraph (c) of subsection (3) of section
2737
445.024, Florida Statutes, is amended to read:
2738
445.024 Work requirements.--
2739
(3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
2740
following individuals are exempt from work activity requirements:
2741
(c) A single custodial parent of a child under 3 months of
2742
age, except that the parent may be required to attend parenting
2743
classes or other activities to better prepare for the
2744
responsibilities of raising a child.
2745
Section 34. Paragraphs (b), (c), and (d) of subsection (3)
2746
of section 741.0306, Florida Statutes, are amended, and
2747
subsection (5) is added to that section, to read:
2748
741.0306 Creation of a family law handbook.--
2749
(3) The information contained in the handbook or other
2750
electronic media presentation may be reviewed and updated
2751
annually, and may include, but need not be limited to:
2752
(b) Shared parental responsibility for children and; the
2753
determination of a parenting plan, including a time-sharing
2754
schedule primary residence or custody and secondary residence or
2755
routine visitation, holiday, summer, and vacation visitation
2756
arrangements, telephone access, and the process for notice for
2757
changes.
2758
(c) Permanent relocation restrictions on parents with
2759
primary residential responsibility.
2760
(d) Child support for minor children; both parents are
2761
obligated for support in accordance with applicable child support
2762
guidelines schedule.
2763
(5) The existing family law handbook shall be reviewed and
2764
a report provided to the Legislature by October 1, 2008, or as
2765
soon thereafter as practicable, with recommendations for updating
2766
the handbook.
2767
Section 35. Subsection (3), paragraph (a) of subsection
2768
(5), and paragraph (a) of subsection (6) of section 741.30,
2769
Florida Statutes, are amended to read:
2770
741.30 Domestic violence; injunction; powers and duties of
2771
court and clerk; petition; notice and hearing; temporary
2772
injunction; issuance of injunction; statewide verification
2773
system; enforcement.--
2774
(3)(a) The sworn petition shall allege the existence of
2775
such domestic violence and shall include the specific facts and
2776
circumstances upon the basis of which relief is sought.
2777
2778
(b) The sworn petition shall be in substantially the
2779
following form:
2780
2781
PETITION FOR
2782
INJUNCTION FOR PROTECTION
2783
AGAINST DOMESTIC VIOLENCE
2784
2785
Before me, the undersigned authority, personally appeared
2786
Petitioner (Name) , who has been sworn and says that the
2787
following statements are true:
2788
(a) Petitioner resides at: (address)
2789
(Petitioner may furnish address to the court in a separate
2790
confidential filing if, for safety reasons, the petitioner
2791
requires the location of the current residence to be
2792
confidential.)
2793
(b) Respondent resides at: (last known address)
2794
(c) Respondent's last known place of employment: (name of
2795
business and address)
2796
(d) Physical description of respondent: _____
2797
Race_____
2798
Sex_____
2799
Date of birth_____
2800
Height_____
2801
Weight_____
2802
Eye color_____
2803
Hair color_____
2804
Distinguishing marks or scars_____
2805
(e) Aliases of respondent: _____
2806
(f) Respondent is the spouse or former spouse of the
2807
petitioner or is any other person related by blood or marriage to
2808
the petitioner or is any other person who is or was residing
2809
within a single dwelling unit with the petitioner, as if a
2810
family, or is a person with whom the petitioner has a child in
2811
common, regardless of whether the petitioner and respondent are
2812
or were married or residing together, as if a family.
2813
(g) The following describes any other cause of action
2814
currently pending between the petitioner and respondent:
2815
2816
The petitioner should also describe any previous or pending
2817
attempts by the petitioner to obtain an injunction for protection
2818
against domestic violence in this or any other circuit, and the
2819
results of that attempt
2820
2821
Case numbers should be included if available.
2822
(h) Petitioner is either a victim of domestic violence or
2823
has reasonable cause to believe he or she is in imminent danger
2824
of becoming a victim of domestic violence because respondent has
2825
_____(mark all sections that apply and describe in the spaces
2826
below the incidents of violence or threats of violence,
2827
specifying when and where they occurred, including, but not
2828
limited to, locations such as a home, school, place of
2829
employment, or visitation exchange)_____:
2830
_____committed or threatened to commit domestic violence
2831
defined in s. 741.28, Florida Statutes, as any assault,
2832
aggravated assault, battery, aggravated battery, sexual assault,
2833
sexual battery, stalking, aggravated stalking, kidnapping, false
2834
imprisonment, or any criminal offense resulting in physical
2835
injury or death of one family or household member by another.
2836
With the exception of persons who are parents of a child in
2837
common, the family or household members must be currently
2838
residing or have in the past resided together in the same single
2839
dwelling unit.
2840
_____previously threatened, harassed, stalked, or physically
2841
abused the petitioner.
2842
_____attempted to harm the petitioner or family members or
2843
individuals closely associated with the petitioner.
2844
_____threatened to conceal, kidnap, or harm the petitioner's
2845
child or children.
2846
_____intentionally injured or killed a family pet.
2847
_____used, or has threatened to use, against the petitioner
2848
any weapons such as guns or knives.
2849
_____physically restrained the petitioner from leaving the
2850
home or calling law enforcement.
2851
_____a criminal history involving violence or the threat of
2852
violence (if known).
2853
_____another order of protection issued against him or her
2854
previously or from another jurisdiction (if known).
2855
_____destroyed personal property, including, but not limited
2856
to, telephones or other communication equipment, clothing, or
2857
other items belonging to the petitioner.
2858
_____engaged in any other behavior or conduct that leads the
2859
petitioner to have reasonable cause to believe he or she is in
2860
imminent danger of becoming a victim of domestic violence.
2861
(i) Petitioner alleges the following additional specific
2862
facts: (mark appropriate sections)
2863
_____A minor child or minor children reside with the
2864
petitioner is the custodian of a minor child or children whose
2865
names and ages are as follows:
2866
2867
_____Petitioner needs the exclusive use and possession of
2868
the dwelling that the parties share.
2869
_____Petitioner is unable to obtain safe alternative housing
2870
because:
2871
_____Petitioner genuinely fears that respondent imminently
2872
will abuse, remove, or hide the minor child or children from
2873
petitioner because:
2874
2875
(j) Petitioner genuinely fears imminent domestic violence
2876
by respondent.
2877
(k) Petitioner seeks an injunction: (mark appropriate
2878
section or sections)
2879
_____Immediately restraining the respondent from committing
2880
any acts of domestic violence.
2881
_____Restraining the respondent from committing any acts of
2882
domestic violence.
2883
_____Awarding to the petitioner the temporary exclusive use
2884
and possession of the dwelling that the parties share or
2885
excluding the respondent from the residence of the petitioner.
2886
_____Providing a temporary parenting plan, including a
2887
temporary time-sharing schedule Awarding temporary custody of, or
2888
temporary visitation rights with regard to, the minor child or
2889
children of the parties which might involve, or prohibiting or
2890
limiting time-sharing or requiring that it be visitation to that
2891
which is supervised by a third party.
2892
_____Establishing temporary support for the minor child or
2893
children or the petitioner.
2894
_____Directing the respondent to participate in a batterers'
2895
intervention program or other treatment pursuant to s. 39.901,
2896
Florida Statutes.
2897
_____Providing any terms the court deems necessary for the
2898
protection of a victim of domestic violence, or any minor
2899
children of the victim, including any injunctions or directives
2900
to law enforcement agencies.
2901
(c) Every petition for an injunction against domestic
2902
violence shall contain, directly above the signature line, a
2903
statement in all capital letters and bold type not smaller than
2904
the surrounding text, as follows:
2905
2906
2907
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH
2908
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS
2909
MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY,
2910
PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.
2911
(initials)
2912
2913
(d) If the sworn petition seeks to determine a parenting
2914
plan and time-sharing schedule issues of custody or visitation
2915
with regard to the minor child or children of the parties, the
2916
sworn petition shall be accompanied by or shall incorporate the
2917
allegations required by s. 61.522 of the Uniform Child Custody
2918
Jurisdiction and Enforcement Act.
2919
(5)(a) When it appears to the court that an immediate and
2920
present danger of domestic violence exists, the court may grant a
2921
temporary injunction ex parte, pending a full hearing, and may
2922
grant such relief as the court deems proper, including an
2923
injunction:
2924
1. Restraining the respondent from committing any acts of
2925
domestic violence.
2926
2. Awarding to the petitioner the temporary exclusive use
2927
and possession of the dwelling that the parties share or
2928
excluding the respondent from the residence of the petitioner.
2929
3. On the same basis as provided in s. 61.13, providing the
2930
petitioner with 100 percent of the time-sharing that shall remain
2931
granting to the petitioner temporary custody of a minor child. An
2932
order of temporary custody remains in effect until the order
2933
expires or an order is entered by a court of competent
2934
jurisdiction in a pending or subsequent civil action or
2935
proceeding affecting the placement of, access to, parental time
2936
with, adoption of, or parental rights and responsibilities for
2937
the minor child.
2938
(6)(a) Upon notice and hearing, when it appears to the
2939
court that the petitioner is either the victim of domestic
2940
violence as defined by s. 741.28 or has reasonable cause to
2941
believe he or she is in imminent danger of becoming a victim of
2942
domestic violence, the court may grant such relief as the court
2943
deems proper, including an injunction:
2944
1. Restraining the respondent from committing any acts of
2945
domestic violence.
2946
2. Awarding to the petitioner the exclusive use and
2947
possession of the dwelling that the parties share or excluding
2948
the respondent from the residence of the petitioner.
2949
3. On the same basis as provided in chapter 61, providing
2950
the petitioner with 100 percent of the time-sharing in a
2951
temporary parenting plan that shall remain awarding temporary
2952
custody of, or temporary visitation rights with regard to, a
2953
minor child or children of the parties. An order of temporary
2954
custody or visitation remains in effect until the order expires
2955
or an order is entered by a court of competent jurisdiction in a
2956
pending or subsequent civil action or proceeding affecting the
2957
placement of, access to, parental time with, adoption of, or
2958
parental rights and responsibilities for the minor child.
2959
4. On the same basis as provided in chapter 61,
2960
establishing temporary support for a minor child or children or
2961
the petitioner. An order of temporary support remains in effect
2962
until the order expires or an order is entered by a court of
2963
competent jurisdiction in a pending or subsequent civil action or
2964
proceeding affecting child support.
2965
5. Ordering the respondent to participate in treatment,
2966
intervention, or counseling services to be paid for by the
2967
respondent. When the court orders the respondent to participate
2968
in a batterers' intervention program, the court, or any entity
2969
designated by the court, must provide the respondent with a list
2970
of all certified batterers' intervention programs and all
2971
programs which have submitted an application to the Department of
2972
Children and Family Services to become certified under s. 741.32,
2973
from which the respondent must choose a program in which to
2974
participate. If there are no certified batterers' intervention
2975
programs in the circuit, the court shall provide a list of
2976
acceptable programs from which the respondent must choose a
2977
program in which to participate.
2978
6. Referring a petitioner to a certified domestic violence
2979
center. The court must provide the petitioner with a list of
2980
certified domestic violence centers in the circuit which the
2981
petitioner may contact.
2982
7. Ordering such other relief as the court deems necessary
2983
for the protection of a victim of domestic violence, including
2984
injunctions or directives to law enforcement agencies, as
2985
provided in this section.
2986
Section 36. Subsections (1) and (2) of section 742.031,
2987
Florida Statutes, are amended to read:
2988
742.031 Hearings; court orders for support, hospital
2989
expenses, and attorney's fee.--
2990
(1) Hearings for the purpose of establishing or refuting
2991
the allegations of the complaint and answer shall be held in the
2992
chambers and may be restricted to persons, in addition to the
2993
parties involved and their counsel, as the judge in his or her
2994
discretion may direct. The court shall determine the issues of
2995
paternity of the child and the ability of the parents to support
2996
the child. Each party's social security number shall be recorded
2997
in the file containing the adjudication of paternity. If the
2998
court finds that the alleged father is the father of the child,
2999
it shall so order. If appropriate, the court shall order the
3000
father to pay the complainant, her guardian, or any other person
3001
assuming responsibility for the child moneys sufficient to pay
3002
reasonable attorney's fees, hospital or medical expenses, cost of
3003
confinement, and any other expenses incident to the birth of the
3004
child and to pay all costs of the proceeding. Bills for
3005
pregnancy, childbirth, and scientific testing are admissible as
3006
evidence without requiring third-party foundation testimony, and
3007
shall constitute prima facie evidence of amounts incurred for
3008
such services or for testing on behalf of the child. The court
3009
shall order either or both parents owing a duty of support to the
3010
child to pay support pursuant to s. 61.30. The court shall issue,
3011
upon motion by a party, a temporary order requiring the provision
3012
of child support pursuant to s. 61.30 pending an administrative
3013
or judicial determination of parentage, if there is clear and
3014
convincing evidence of paternity on the basis of genetic tests or
3015
other evidence. The court may also make a determination of an
3016
appropriate parenting plan, including a time-sharing schedule, as
3017
to the parental responsibility and residential care and custody
3018
of the minor children in accordance with chapter 61.
3019
(2) If a judgment of paternity contains only a child
3020
support award with no parenting plan or time-sharing schedule,
3021
the obligee parent shall receive all of the time-sharing and sole
3022
parental responsibility no explicit award of custody, the
3023
establishment of a support obligation or of visitation rights in
3024
one parent shall be considered a judgment granting primary
3025
residential care and custody to the other parent without
3026
prejudice to the obligor parent. If a paternity judgment contains
3027
no such provisions, custody shall be presumed to be with the
3028
mother shall be presumed to have all of the time-sharing and sole
3029
parental responsibility.
3030
Section 37. Subsection (3) of section 753.01, Florida
3031
Statutes, is amended to read:
3032
753.01 Definitions.--As used in this chapter, the term:
3033
(3) "Exchange monitoring" means supervision of movement of
3034
a child from one parent the custodial to the other noncustodial
3035
parent at the start of the visit and back to the first custodial
3036
parent at the end of the visit.
3037
Section 38. Subsection (1) of section 827.06, Florida
3038
Statutes, is amended to read:
3039
827.06 Nonsupport of dependents.--
3040
(1) The Legislature finds that most noncustodial parents
3041
want to support their children and remain connected to their
3042
families. The Legislature also finds that while many noncustodial
3043
parents lack the financial resources and other skills necessary
3044
to provide that support, some parents willfully fail to provide
3045
support to their children even when they are aware of the
3046
obligation and have the ability to do so. The Legislature further
3047
finds that existing statutory provisions for civil enforcement of
3048
support have not proven sufficiently effective or efficient in
3049
gaining adequate support for all children. Recognizing that it is
3050
the public policy of this state that children shall be maintained
3051
primarily from the resources of their parents, thereby relieving,
3052
at least in part, the burden presently borne by the general
3053
citizenry through public assistance programs, it is the intent of
3054
the Legislature that the criminal penalties provided for in this
3055
section are to be pursued in all appropriate cases where civil
3056
enforcement has not resulted in payment.
3057
Section 39. For the purpose of incorporating the amendment
3058
made by this act to section 741.30, Florida Statutes, in a
3059
reference thereto, paragraph (a) of subsection (3) of section
3060
61.1825, Florida Statutes, is reenacted to read:
3061
61.1825 State Case Registry.--
3062
(3)(a) For the purpose of this section, a family violence
3063
indicator must be placed on a record when:
3064
1. A party executes a sworn statement requesting that a
3065
family violence indicator be placed on that party's record which
3066
states that the party has reason to believe that release of
3067
information to the Federal Case Registry may result in physical
3068
or emotional harm to the party or the child; or
3069
2. A temporary or final injunction for protection against
3070
domestic violence has been granted pursuant to s. 741.30(6), an
3071
injunction for protection against domestic violence has been
3072
issued by a court of a foreign state pursuant to s. 741.315, or a
3073
temporary or final injunction for protection against repeat
3074
violence has been granted pursuant to s. 784.046; or
3075
3. The department has received information on a Title IV-D
3076
case from the Domestic Violence and Repeat Violence Injunction
3077
Statewide Verification System, established pursuant to s.
3078
784.046(8)(b), that a court has granted a party a domestic
3079
violence or repeat violence injunction.
3080
Section 40. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.