Florida Senate - 2008 CS for CS for SB 2532

By the Committees on General Government Appropriations; Children, Families, and Elder Affairs; and Senator Lynn

601-08357A-08 20082532c2

A bill to be entitled

An act relating to child custody and support; providing a

directive to the Division of Statutory Revision to retitle

ch. 61, F.S.; amending s. 61.046, F.S.; defining the terms

"parenting plan," "parenting plan recommendation," and

"time-sharing schedule"; deleting definitions of the terms

"custodial parent" and "noncustodial parent"; amending ss.

61.052, 61.09, and 61.10, F.S.; conforming provisions to

changes in terminology; repealing s. 61.121, F.S.,

relating to rotating custody; amending s. 61.122, F.S.;

conforming provisions to changes in terminology; revising

provisions relating to a presumption of good faith for

psychologists making specified determinations; amending s.

61.13, F.S.; revising provisions relating to modification

of support; conforming provisions to changes in

terminology; revising provisions relating to development

of a parenting plan; amending s. 61.13001, F.S.;

conforming provisions to changes in terminology; deleting

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

providing for orders of temporary support for children

whose time-sharing is temporarily modified due to a

parent's military service; conforming provisions to

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

61.1827, F.S.; conforming provisions to changes in

terminology; conforming a cross-reference; amending s.

61.20, F.S.; conforming provisions to changes in

terminology; revising provisions relating to social

investigation and recommendations regarding a parenting

plan; amending s. 61.21, F.S.; conforming provisions to

changes in terminology; amending s. 61.30, F.S.;

conforming provisions to changes in terminology; amending

ss. 61.401, 61.45, 409.2554, and 409.2558, F.S.;

conforming provisions to changes in terminology; amending

s. 409.2563, F.S.; conforming provisions to changes in

terminology; revising provisions relating to presumption

of a parent's income for the purpose of establishing a

support obligation; deleting an obsolete provision

concerning a study by the Office of Program Policy

Analysis and Government Accountability; amending ss.

409.2564, 409.25657, 409.25659, and 409.2577, F.S.;

conforming provisions to changes in terminology; amending

s. 409.2579, F.S.; conforming a cross-reference; amending

ss. 409.811, 414.0252, 414.065, 414.085, 414.095, 414.295,

and 445.024, F.S.; conforming provisions to changes in

terminology; amending s. 741.0306, F.S.; revising

requirements for a family law handbook; conforming

provisions to changes in terminology; requiring a review

of the handbook and report to the Legislature; amending s.

741.30, F.S.; conforming provisions to changes in

terminology; amending s. 742.031, F.S.; conforming

provisions to changes in terminology; providing for time-

sharing and parental responsibility in paternity

judgments; amending ss. 753.01 and 827.06, F.S.;

conforming provisions to changes in terminology;

reenacting s. 61.1825(3)(a), F.S., relating to relating to

the State Case Registry, to incorporate the amendments

made to s. 741.30, F.S., in a reference thereto; providing

an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. The Division of Statutory Revision is directed

to redesignate chapter 61, Florida Statutes, as "Dissolution of

Marriage; Support; Time-sharing."

Section 2. Section 61.046, Florida Statutes, is amended to

read:

61.046 Definitions.--As used in this chapter, the term:

(1) "Business day" means any day other than a Saturday,

Sunday, or legal holiday.

(2) "Clerk of Court Child Support Collection System" or

"CLERC System" means the automated system established pursuant to

s. 61.181(2)(b)1., integrating all clerks of court and

depositories and through which payment data and State Case

Registry data is transmitted to the department's automated child

support enforcement system.

(3) "Custodial parent" or "primary residential parent"

means the parent with whom the child maintains his or her primary

residence.

(3)(4) "Department" means the Department of Revenue.

(4)(5) "Depository" means the central governmental

depository established pursuant to s. 61.181, created by special

act of the Legislature or other entity established before June 1,

1985, to perform depository functions and to receive, record,

report, disburse, monitor, and otherwise handle alimony and child

support payments not otherwise required to be processed by the

State Disbursement Unit.

(5)(6) "Electronic communication" means contact, other than

face-to-face contact, facilitated by tools such as telephones,

electronic mail or e-mail, webcams, video-conferencing equipment

and software or other wired or wireless technologies, or other

means of communication to supplement face-to-face contact between

a parent and that parent's minor child.

(6)(7) "Federal Case Registry of Child Support Orders"

means the automated registry of support order abstracts and other

information established and maintained by the United States

Department of Health and Human Services as provided by 42 U.S.C.

s. 653(h).

(7)(8) "Income" means any form of payment to an individual,

regardless of source, including, but not limited to: wages,

100

salary, commissions and bonuses, compensation as an independent

101

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

105

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-

110

D of the Social Security Act, 42 U.S.C. ss. 651 et seq.

111

(9)(10) "Local officer" means an elected or appointed

112

constitutional or charter government official including, but not

113

limited to, the state attorney and clerk of the circuit court.

114

(10)(11) "National medical support notice" means the notice

115

required under 42 U.S.C. s. 666(a)(19).

116

(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

135

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

142

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

148

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

150

chapter.

151

152

Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on

153

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

157

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

162

relationship in which both parents retain full parental rights

163

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.

166

(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

172

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

180

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,

188

health care, arrearages, or past support. When the child support

189

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

193

spouse or former spouse of the obligor with whom the child is

194

living which provides for monetary support, health care,

195

arrearages, or past support.

196

(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:

211

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.

218

Section 4. Section 61.09, Florida Statutes, is amended to

219

read:

220

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

225

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

227

shall enter an order as it deems just and proper.

228

Section 5. Section 61.10, Florida Statutes, is amended to

229

read:

230

61.10 Adjudication of obligation to support spouse or minor

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child unconnected with dissolution; parenting plan child custody,

232

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

236

fault, may obtain an adjudication of obligation to maintain the

237

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.

241

Such an action does not preclude either party from maintaining

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any other proceeding under this chapter for other or additional

243

relief at any time.

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Section 6. Section 61.121, Florida Statutes, is repealed.

245

Section 7. Section 61.122, Florida Statutes, is amended to

246

read:

247

61.122 Parenting plan recommendation Child custody

248

evaluations; presumption of psychologist's good faith;

249

prerequisite to parent's filing suit; award of fees, costs,

250

reimbursement.--

251

(1) A psychologist who has been appointed by the court to

252

develop a parenting plan recommendation conduct a child custody

253

evaluation in a dissolution of marriage, a case of domestic

254

violence, or a paternity matter involving the relationship of a

255

child and a parent, including time-sharing of children, judicial

256

proceeding is presumed to be acting in good faith if the

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psychologist's recommendation evaluation has been reached under

258

conducted pursuant to standards that a reasonable psychologist

259

would use to develop a parenting plan recommendation have used as

260

recommended by the American Psychological Association's

261

guidelines for child custody evaluation in divorce proceedings.

262

(2) An administrative complaint against a court-appointed

263

psychologist which relates to a parenting plan recommendation

264

child custody evaluation conducted by the psychologist may not be

265

filed anonymously. The individual who files such an

266

administrative complaint must include in the complaint his or her

267

name, address, and telephone number.

268

(3) A parent who desires wishes to file a legal action

269

against a court-appointed psychologist who has acted in good

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faith in developing conducting a parenting plan recommendation

271

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

274

parent, including time-sharing of children, child custody

275

proceeding to appoint another psychologist. Upon the parent's

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showing of good cause, the court shall appoint another

277

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

279

associated with making such an appointment.

280

(4) If a legal action, whether it be a civil action, a

281

criminal action, or an administrative proceeding, is filed

282

against a court-appointed psychologist in a dissolution of

283

marriage, case of domestic violence, or paternity matter

284

involving the relationship of a child and a parent, including

285

time-sharing of children child custody proceeding, the claimant

286

is responsible for all reasonable costs and reasonable attorney's

287

fees associated with the action for both parties if the

288

psychologist is held not liable. If the psychologist is held

289

liable in civil court, the psychologist must pay all reasonable

290

costs and reasonable attorney's fees for the claimant.

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Section 8. Section 61.13, Florida Statutes, is amended to

292

read:

293

61.13 Custody and Support of children; parenting and time-

294

sharing visitation rights; powers power of court in making

295

orders.--

296

(1)(a) In a proceeding under this chapter, the court may at

297

any time order either or both parents who owe a duty of support

298

to a child to pay support to the other parent or, in the case of

299

both parents, to the person with custody in accordance with the

300

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

304

terms and conditions of the child support payments when the

305

modification is found necessary by the court in the best

306

interests of the child, when the child reaches majority, or when

307

there is a substantial change in the circumstances of the

308

parties, when s. 743.07(2) applies, or when a child is

309

emancipated, marries, joins the armed services, or dies. The

310

court initially entering a child support order has shall also

311

have continuing jurisdiction to require the obligee to report to

312

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

315

health care coverage for the minor child when the coverage is

316

reasonably available. Coverage is reasonably available if either

317

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

319

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

321

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

325

determined pursuant to s. 61.30(6). The court may order that

326

payment of uncovered medical, dental, and prescription medication

327

expenses of the minor child be made directly to the obligee on a

328

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

331

employer by the obligee when the following conditions are met:

332

a. The obligor fails to provide written proof to the

333

obligee within 30 days after receiving effective notice of the

334

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

340

the notice to provide written proof to the obligee that the

341

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

345

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

350

the written notification must include the obligor's rights and

351

duties under the national medical support notice. The obligor may

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contest the withholding required by the national medical support

353

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

355

department within 15 business days after the date the obligor

356

receives written notification of the national medical support

357

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

361

filing of a notice of contest, the department shall, within 5

362

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

368

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

391

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.

413

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

421

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

424

amount of the premium is paid, the union or employer may not

425

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.

430

6. An employer, union, or plan administrator who does not

431

comply with the requirements in sub-subparagraph 4.a. is subject

432

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

435

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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support, the court may order the obligor to purchase or maintain

441

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

443

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

448

located. All child support orders shall provide the full name and

449

date of birth of each minor child who is the subject of the child

450

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

456

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,

478

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

481

to the court that the child was removed from this state for the

482

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

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parenting and time-sharing custody of each minor child of the

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parties in accordance with the best interests of the child and in

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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

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parties is dissolved and to encourage parents to share the rights

503

and responsibilities, and joys, of childrearing. There is no

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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

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

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 reasonable preference of the child, if the court

610

deems the child to be of sufficient intelligence, understanding,

611

and experience to express a preference.

612

(j) The demonstrated capacity and disposition of each

613

parent to provide a consistent routine for the child, such as

614

discipline, and daily schedules for homework, meals, and bedtime.

615

(k)(j) The demonstrated capacity of each parent to

616

communicate with the other parent and keep the other parent

617

informed of issues and activities regarding the minor child, and

618

the willingness of each parent to adopt a unified front on all

619

major issues when dealing with the child The willingness and

620

ability of each parent to facilitate and encourage a close and

621

continuing parent-child relationship between the child and the

622

other parent.

623

(l)(k) Evidence of domestic violence, sexual violence,

624

child abuse, child abandonment, or child neglect, regardless of

625

whether a prior or pending action regarding those issues has been

626

brought that any party has knowingly provided false information

627

to the court regarding a domestic violence proceeding pursuant to

628

s. 741.30.

629

(m)(l) Evidence that either parent has knowingly provided

630

false information to the court regarding any prior or pending

631

action regarding domestic violence, sexual violence, child abuse,

632

child abandonment, or child neglect of domestic violence or child

633

abuse.

634

(n)(m) The particular parenting tasks customarily performed

635

by each parent and the division of parental responsibilities

636

before the institution of litigation and during the pending

637

litigation, including the extent to which parenting

638

responsibilities were undertaken by third parties Any other fact

639

considered by the court to be relevant.

640

(o) The demonstrated capacity and disposition of each

641

parent to participate and be involved in the child's school and

642

extracurricular activities.

643

(p) The demonstrated capacity and disposition of each

644

parent to maintain an environment for the child which is free

645

from substance abuse.

646

(q) The capacity and disposition of each parent to protect

647

the child from the ongoing litigation as demonstrated by not

648

discussing the litigation with the child, not sharing documents

649

or electronic media related to the litigation with the child, and

650

refraining from disparaging comments about the other parent to

651

the child.

652

(r) The developmental stages and needs of the child and the

653

demonstrated capacity and disposition of each parent to meet the

654

child's developmental needs.

655

(s) Any other factor that is relevant to the determination

656

of a specific parenting plan, including the time-sharing

657

schedule.

658

(4)(a) When a noncustodial parent who is ordered to pay

659

child support or alimony and who is awarded visitation rights

660

fails to pay child support or alimony, the custodial parent who

661

should have received the child support or alimony may shall not

662

refuse to honor the time-sharing schedule presently in effect

663

between the parents noncustodial parent's visitation rights.

664

(b) When a custodial parent refuses to honor the other a

665

noncustodial parent's visitation rights under the time-sharing

666

schedule, the noncustodial parent whose time-sharing rights were

667

violated shall continue not fail to pay any ordered child support

668

or alimony.

669

670

sharing schedule in the parenting plan a noncustodial parent's or

671

grandparent's visitation rights without proper cause, the court:

672

1. Shall, after calculating the amount of time-sharing

673

visitation improperly denied, award the noncustodial parent

674

denied time or grandparent a sufficient amount of extra time-

675

sharing visitation to compensate for the time-sharing missed, and

676

such time-sharing the noncustodial parent or grandparent, which

677

visitation shall be ordered as expeditiously as possible in a

678

manner consistent with the best interests of the child and

679

scheduled in a manner that is convenient for the parent person

680

deprived of time-sharing visitation. In ordering any makeup time-

681

sharing visitation, the court shall schedule such time-sharing

682

visitation in a manner that is consistent with the best interests

683

of the child or children and that is convenient for the

684

nonoffending noncustodial parent and at the expense of the

685

noncompliant parent. or grandparent. In addition, the court:

686

2.1. May order the custodial parent who did not provide

687

time-sharing or did not properly exercise time-sharing under the

688

time-sharing schedule to pay reasonable court costs and

689

attorney's fees incurred by the nonoffending noncustodial parent

690

or grandparent to enforce the time-sharing schedule. their

691

visitation rights or make up improperly denied visitation;

692

3.2. May order the custodial parent who did not provide

693

time-sharing or did not properly exercise time-sharing under the

694

time-sharing schedule to attend a the parenting course approved

695

by the judicial circuit.;

696

4.3. May order the custodial parent who did not provide

697

time-sharing or did not properly exercise time-sharing under the

698

time-sharing schedule to do community service if the order will

699

not interfere with the welfare of the child.;

700

5.4. May order the custodial parent who did not provide

701

time-sharing or did not properly exercise time-sharing under the

702

time-sharing schedule to have the financial burden of promoting

703

frequent and continuing contact when that the custodial parent

704

and child reside further than 60 miles from the other

705

noncustodial parent.;

706

6.5. May award custody, rotating custody, or primary

707

residence to the noncustodial parent, upon the request of the

708

noncustodial parent who did not violate the time-sharing

709

schedule, modify the parenting plan if modification the award is

710

in the best interests of the child.; or

711

7.6. May impose any other reasonable sanction as a result

712

of noncompliance.

713

(d) A person who violates this subsection may be punished

714

by contempt of court or other remedies as the court deems

715

appropriate.

716

(5) The court may make specific orders regarding the

717

parenting plan and time-sharing schedule for the care and custody

718

of the minor child as such orders relate to from the

719

circumstances of the parties and the nature of the case and are

720

is equitable and provide for child support in accordance with the

721

guidelines schedule in s. 61.30. An order for equal time-sharing

722

for award of shared parental responsibility of a minor child does

723

not preclude the court from entering an order for child support

724

of the child.

725

(6) In any proceeding under this section, the court may not

726

deny shared parental responsibility and time-sharing, custody, or

727

visitation rights to a parent or grandparent solely because that

728

parent or grandparent is or is believed to be infected with human

729

immunodeficiency virus,; but the court may condition such rights

730

to require that parent in an order approving the parenting plan

731

upon the parent's or grandparent's agreement to observe measures

732

approved by the Centers for Disease Control and Prevention of the

733

United States Public Health Service or by the Department of

734

Health for preventing the spread of human immunodeficiency virus

735

to the child.

736

(7) If the court orders that parental responsibility,

737

including visitation, be shared by both parents, the court may

738

not deny the noncustodial parent overnight contact and access to

739

or visitation with the child solely because of the age or sex of

740

the child.

741

(7)(8)(a) Beginning July 1, 1997, Each party to any

742

paternity or support proceeding is required to file with the

743

tribunal as defined in s. 88.1011(22) and State Case Registry

744

upon entry of an order, and to update as appropriate, information

745

on location and identity of the party, including social security

746

number, residential and mailing addresses, telephone number,

747

driver's license number, and name, address, and telephone number

748

of employer. Beginning October 1, 1998, Each party to any

749

paternity or child support proceeding in a non-Title IV-D case

750

shall meet the above requirements for updating the tribunal and

751

State Case Registry.

752

(b) Pursuant to the federal Personal Responsibility and

753

Work Opportunity Reconciliation Act of 1996, each party is

754

required to provide his or her social security number in

755

accordance with this section. Disclosure of social security

756

numbers obtained through this requirement shall be limited to the

757

purpose of administration of the Title IV-D program for child

758

support enforcement.

759

760

child support enforcement action between the parties, upon

761

sufficient showing that diligent effort has been made to

762

ascertain the location of such a party, the court of competent

763

jurisdiction shall deem state due process requirements for notice

764

and service of process to be met with respect to the party, upon

765

delivery of written notice to the most recent residential or

766

employer address filed with the tribunal and State Case Registry

767

pursuant to paragraph (a). Beginning October 1, 1998, In any

768

subsequent non-Title IV-D child support enforcement action

769

between the parties, the same requirements for service shall

770

apply.

771

(8)(9) At the time an order for child support is entered,

772

each party is required to provide his or her social security

773

number and date of birth to the court, as well as the name, date

774

of birth, and social security number of each minor child that is

775

the subject of such child support order. Pursuant to the federal

776

Personal Responsibility and Work Opportunity Reconciliation Act

777

of 1996, each party is required to provide his or her social

778

security number in accordance with this section. All social

779

security numbers required by this section shall be provided by

780

the parties and maintained by the depository as a separate

781

attachment in the file. Disclosure of social security numbers

782

obtained through this requirement shall be limited to the purpose

783

of administration of the Title IV-D program for child support

784

enforcement.

785

Section 9. Section 61.13001, Florida Statutes, is amended

786

to read:

787

61.13001 Parental relocation with a child.--

788

(1) DEFINITIONS.--As used in this section, the term:

789

(a) "Change of residence address" means the relocation of a

790

child to a principal residence more than 50 miles away from his

791

or her principal place of residence at the time of the entry of

792

the last order establishing or modifying the parenting plan or

793

the time-sharing schedule or both for designation of the primary

794

residential parent or the custody of the minor child, unless the

795

move places the principal residence of the minor child less than

796

50 miles from either the nonresidential parent.

797

(b) "Child" means any person who is under the jurisdiction

798

of a state court pursuant to the Uniform Child Custody

799

Jurisdiction and Enforcement Act or is the subject of any order

800

granting to a parent or other person any right to time-sharing,

801

residential care, kinship, or custody, or visitation as provided

802

under state law.

803

804

proceeding which has proper venue and jurisdiction in accordance

805

with the Uniform Child Custody Jurisdiction and Enforcement Act,

806

the circuit court in the county in which either parent and the

807

child reside, or the circuit court in which the original action

808

was adjudicated.

809

(d) "Other person" means an individual who is not the

810

parent and who, by court order, maintains the primary residence

811

of a child or has visitation rights with a child.

812

(e) "Parent" means any person so named by court order or

813

express written agreement that is subject to court enforcement or

814

a person reflected as a parent on a birth certificate and in

815

whose home a child maintains a primary or secondary residence.

816

(f) "Person entitled to be the primary residential parent

817

of a child" means a person so designated by court order or by an

818

express written agreement that is subject to court enforcement or

819

a person seeking such a designation, or, when neither parent has

820

been designated as primary residential parent, the person seeking

821

to relocate with a child.

822

(g) "Principal residence of a child" means the home of the

823

designated primary residential parent. For purposes of this

824

section only, when rotating custody is in effect, each parent

825

shall be considered to be the primary residential parent.

826

(f)(h) "Relocation" means a change in the principal

827

residence of a child for a period of 60 consecutive days or more

828

but does not include a temporary absence from the principal

829

residence for purposes of vacation, education, or the provision

830

of health care for the child.

831

(2) RELOCATION BY AGREEMENT.--

832

(a) If the parents primary residential parent and the other

833

parent and every other person entitled to time-sharing visitation

834

with the child agree to the relocation of the child child's

835

principal residence, they may satisfy the requirements of this

836

section by signing a written agreement that:

837

1. Reflects the consent to the relocation;

838

2. Defines a time-sharing schedule the visitation rights

839

for the nonrelocating parent and any other persons who are

840

entitled to time-sharing visitation; and

841

3. Describes, if necessary, any transportation arrangements

842

related to the visitation.

843

(b) If there is an existing cause of action, judgment, or

844

decree of record pertaining to the child's primary residence or a

845

time-sharing schedule visitation, the parties shall seek

846

ratification of the agreement by court order without the

847

necessity of an evidentiary hearing unless a hearing is

848

requested, in writing, by one or more of the parties to the

849

agreement within 10 days after the date the agreement is filed

850

with the court. If a hearing is not timely requested, it shall be

851

presumed that the relocation is in the best interest of the child

852

and the court may ratify the agreement without an evidentiary

853

hearing.

854

(3) NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an

855

agreement has been entered as described in subsection (2), a

856

parent who is entitled to time-sharing with primary residence of

857

the child shall notify the other parent, and every other person

858

entitled to time-sharing visitation with the child, of a proposed

859

relocation of the child's principal residence. The form of notice

860

shall be according to this section:

861

(a) The parent seeking to relocate shall prepare a Notice

862

of Intent to Relocate. The following information must be included

863

with the Notice of Intent to Relocate and signed under oath under

864

penalty of perjury:

865

1. A description of the location of the intended new

866

residence, including the state, city, and specific physical

867

address, if known.

868

2. The mailing address of the intended new residence, if

869

not the same as the physical address, if known.

870

3. The home telephone number of the intended new residence,

871

if known.

872

4. The date of the intended move or proposed relocation.

873

5. A detailed statement of the specific reasons for the

874

proposed relocation of the child. If one of the reasons is based

875

upon a job offer which has been reduced to writing, that written

876

job offer must be attached to the Notice of Intent to Relocate.

877

6. A proposal for the revised postrelocation schedule of

878

time-sharing visitation together with a proposal for the

879

postrelocation transportation arrangements necessary to

880

effectuate time-sharing visitation with the child. Absent the

881

existence of a current, valid order abating, terminating, or

882

restricting visitation or other good cause predating the Notice

883

of Intent to Relocate, failure to comply with this provision

884

renders the Notice of Intent to Relocate legally insufficient.

885

7. Substantially the following statement, in all capital

886

letters and in the same size type, or larger, as the type in the

887

remainder of the notice:

888

889

AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,

890

FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON

891

SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE

892

OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE

893

RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN

894

THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND

895

WITHOUT A HEARING.

896

8. The mailing address of the parent or other person

897

seeking to relocate to which the objection filed under subsection

898

(5) to the Notice of Intent to Relocate should be sent.

899

900

The contents of the Notice of Intent to Relocate are not

901

privileged. For purposes of encouraging amicable resolution of

902

the relocation issue, a copy of the Notice of Intent to Relocate

903

shall initially not be filed with the court but instead served

904

upon the nonrelocating parent, other person, and every other

905

person entitled to time-sharing visitation with the child, and

906

the original thereof shall be maintained by the parent or other

907

person seeking to relocate.

908

(b) The parent seeking to relocate shall also prepare a

909

Certificate of Serving Filing Notice of Intent to Relocate. The

910

certificate shall certify the date that the Notice of Intent to

911

Relocate was served on the other parent and on every other person

912

entitled to time-sharing visitation with the child.

913

914

of Serving Filing Notice of Intent to Relocate, shall be served

915

on the other parent and on every other person entitled to time-

916

sharing visitation with the child. If there is a pending court

917

action regarding the child, service of process may be according

918

to court rule. Otherwise, service of process shall be according

919

to chapters 48 and 49 or via certified mail, restricted delivery,

920

return receipt requested.

921

(d) A person giving notice of a proposed relocation or

922

change of residence address under this section has a continuing

923

duty to provide current and updated information required by this

924

section when that information becomes known.

925

(e) If the other parent and any other person entitled to

926

time-sharing visitation with the child fails to timely file an

927

objection, it shall be presumed that the relocation is in the

928

best interest of the child, the relocation shall be allowed, and

929

the court shall, absent good cause, enter an order, attaching a

930

copy of the Notice of Intent to Relocate, reflecting that the

931

order is entered as a result of the failure to object to the

932

Notice of Intent to Relocate, and adopting the time-sharing

933

visitation schedule and transportation arrangements contained in

934

the Notice of Intent to Relocate. The order may issue in an

935

expedited manner without the necessity of an evidentiary hearing.

936

If an objection is timely filed, the burden returns to the parent

937

or person seeking to relocate to initiate court proceedings to

938

obtain court permission to relocate before prior to doing so.

939

(f) The act of relocating the child after failure to comply

940

with the notice of intent to relocate procedure described in this

941

subsection subjects the party in violation thereof to contempt

942

and other proceedings to compel the return of the child and may

943

be taken into account by the court in any initial or postjudgment

944

action seeking a determination or modification of the parenting

945

plan or the time-sharing schedule, or both, designation of the

946

primary residential parent or of the residence, custody, or

947

visitation with the child as:

948

1. A factor in making a determination regarding the

949

relocation of a child.

950

2. A factor in determining whether the parenting plan or

951

the designation of the primary residential parent or the

952

residence, contact, access, visitation, or time-sharing schedule

953

arrangements should be modified.

954

3. A basis for ordering the temporary or permanent return

955

of the child.

956

4. Sufficient cause to order the parent or other person

957

seeking to relocate the child to pay reasonable expenses and

958

attorney's fees incurred by the party objecting to the

959

relocation.

960

5. Sufficient cause for the award of reasonable attorney's

961

fees and costs, including interim travel expenses incident to

962

time-sharing visitation or securing the return of the child.

963

(4) APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or

964

other person seeking to relocate a child, or the child, is

965

entitled to prevent disclosure of location information under any

966

public records exemption applicable to that person, the court may

967

enter any order necessary to modify the disclosure requirements

968

of this section in compliance with the public records exemption.

969

(5) CONTENT OF OBJECTION TO RELOCATION.--An objection

970

seeking to prevent the relocation of a child must shall be

971

verified and served within 30 days after service of the Notice of

972

Intent to Relocate. The objection must shall include the specific

973

factual basis supporting the reasons for seeking a prohibition of

974

the relocation, including a statement of the amount of

975

participation or involvement the objecting party currently has or

976

has had in the life of the child.

977

(6) TEMPORARY ORDER.--

978

(a) The court may grant a temporary order restraining the

979

relocation of a child or ordering the return of the child, if a

980

relocation has previously taken place, or other appropriate

981

remedial relief, if the court finds:

982

1. The required notice of a proposed relocation of a child

983

was not provided in a timely manner;

984

2. The child already has been relocated without notice or

985

written agreement of the parties or without court approval; or

986

3. From an examination of the evidence presented at the

987

preliminary hearing that there is a likelihood that upon final

988

hearing the court will not approve the relocation of the primary

989

residence of the child.

990

(b) The court may grant a temporary order permitting the

991

relocation of the child pending final hearing, if the court:

992

1. Finds that the required Notice of Intent to Relocate was

993

provided in a timely manner; and

994

2. Finds from an examination of the evidence presented at

995

the preliminary hearing that there is a likelihood that on final

996

hearing the court will approve the relocation of the primary

997

residence of the child, which findings must be supported by the

998

same factual basis as would be necessary to support the

999

permitting of relocation in a final judgment.

1000

1001

party seeking to relocate or move a child before a final judgment

1002

is rendered, the court may not give any weight to the temporary

1003

relocation as a factor in reaching its final decision.

1004

(d) If temporary relocation of a child is permitted, the

1005

court may require the person relocating the child to provide

1006

reasonable security, financial or otherwise, and guarantee that

1007

the court-ordered contact with the child will not be interrupted

1008

or interfered with by the relocating party.

1009

(7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED

1010

RELOCATION.--A No presumption does not shall arise in favor of or

1011

against a request to relocate with the child when a primary

1012

residential parent seeks to move the child and the move will

1013

materially affect the current schedule of contact, access, and

1014

time-sharing with the nonrelocating parent or other person. In

1015

reaching its decision regarding a proposed temporary or permanent

1016

relocation, the court shall evaluate all of the following

1017

factors:

1018

(a) The nature, quality, extent of involvement, and

1019

duration of the child's relationship with the parent proposing to

1020

relocate with the child and with the nonrelocating parent, other

1021

persons, siblings, half-siblings, and other significant persons

1022

in the child's life.

1023

(b) The age and developmental stage of the child, the needs

1024

of the child, and the likely impact the relocation will have on

1025

the child's physical, educational, and emotional development,

1026

taking into consideration any special needs of the child.

1027

1028

the nonrelocating parent or other person and the child through

1029

substitute arrangements that take into consideration the

1030

logistics of contact, access, visitation, and time-sharing, as

1031

well as the financial circumstances of the parties; whether those

1032

factors are sufficient to foster a continuing meaningful

1033

relationship between the child and the nonrelocating parent or

1034

other person; and the likelihood of compliance with the

1035

substitute arrangements by the relocating parent once he or she

1036

is out of the jurisdiction of the court.

1037

(d) The child's preference, taking into consideration the

1038

age and maturity of the child.

1039

(e) Whether the relocation will enhance the general quality

1040

of life for both the parent seeking the relocation and the child,

1041

including, but not limited to, financial or emotional benefits or

1042

educational opportunities.

1043

(f) The reasons of each parent or other person for seeking

1044

or opposing the relocation.

1045

(g) The current employment and economic circumstances of

1046

each parent or other person and whether or not the proposed

1047

relocation is necessary to improve the economic circumstances of

1048

the parent or other person seeking relocation of the child.

1049

(h) That the relocation is sought in good faith and the

1050

extent to which the objecting parent has fulfilled his or her

1051

financial obligations to the parent or other person seeking

1052

relocation, including child support, spousal support, and marital

1053

property and marital debt obligations.

1054

(i) The career and other opportunities available to the

1055

objecting parent or objecting other person if the relocation

1056

occurs.

1057

(j) A history of substance abuse or domestic violence as

1058

defined in s. 741.28 or which meets the criteria of s.

1059

39.806(1)(d) by either parent, including a consideration of the

1060

severity of such conduct and the failure or success of any

1061

attempts at rehabilitation.

1062

(k) Any other factor affecting the best interest of the

1063

child or as set forth in s. 61.13.

1064

(9) ORDER REGARDING RELOCATION.--If relocation is

1065

permitted:

1066

(a) The court may, in its discretion, order contact with

1067

the nonrelocating parent, including access, visitation, time-

1068

sharing, telephone, Internet, webcam, and other arrangements

1069

sufficient to ensure that the child has frequent, continuing, and

1070

meaningful contact, access, visitation, and time-sharing with the

1071

nonrelocating parent or other persons, if contact is financially

1072

affordable and in the best interest of the child.

1073

(b) If applicable, the court shall specify how the

1074

transportation costs will be allocated between the parents and

1075

other persons entitled to contact, access, visitation, and time-

1076

sharing and may adjust the child support award, as appropriate,

1077

considering the costs of transportation and the respective net

1078

incomes of the parents in accordance with state child support

1079

guidelines schedule.

1080

(10) PRIORITY FOR HEARING OR TRIAL.--An evidentiary hearing

1081

or nonjury trial on a pleading seeking temporary or permanent

1082

relief filed under pursuant to this section shall be accorded

1083

priority on the court's calendar.

1084

(11) APPLICABILITY.--

1085

(a) The provisions of This section applies apply:

1086

1. To orders entered before October 1, 2006, if the

1087

existing order defining custody, primary residence, time-sharing,

1088

or visitation of or with the child does not expressly govern the

1089

relocation of the child.

1090

2. To an order, whether temporary or permanent, regarding

1091

the parenting plan, custody, primary residence, time-sharing, or

1092

visitation of or with the child entered on or after October 1,

1093

2006.

1094

3. To any relocation or proposed relocation, whether

1095

permanent or temporary, of a child during any proceeding pending

1096

on October 1, 2006, wherein the parenting plan, custody, primary

1097

residence, time-sharing, or visitation of or with the child is an

1098

issue.

1099

(b) To the extent that a provision of this section

1100

conflicts with an order existing on October 1, 2006, this section

1101

does not apply to the terms of that order which expressly govern

1102

relocation of the child or a change in the principal residence

1103

address of a parent.

1104

Section 10. Section 61.13002, Florida Statutes, is amended

1105

to read:

1106

61.13002 Temporary time-sharing modification child custody

1107

and child support modification due to military service.--

1108

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

1109

modification of time-sharing change of child custody and parental

1110

responsibility is filed because during the time a parent is

1111

activated, deployed, or temporarily assigned to military service

1112

and the parent's ability to comply with time-sharing continue as

1113

the primary caretaker of a minor child is materially affected as

1114

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

1115

previous judgment or order that changes time-sharing custody as

1116

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

1117

temporarily assigned to military service, except that a court may

1118

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

1119

if there is clear and convincing evidence that the temporary

1120

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

1121

When entering a temporary order under this section, the court

1122

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

1123

military servicemember and his or her child, including, but not

1124

limited to, electronic communication by webcam, telephone, or

1125

other available means. The court shall also permit liberal time-

1126

sharing during periods of leave from military service, as it is

1127

in the child's best interests to maintain the parent-child bond

1128

during the parent's military service.

1129

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

1130

court shall reinstate the time-sharing custody judgment or order

1131

previously in effect upon the servicemember parent's return from

1132

active military service, deployment, or temporary assignment.

1133

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

1134

court may address the issue of support for the child 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

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

1216

order under s. 741.30, s. 741.31, or s. 784.046.

1217

Section 14. Section 61.20, Florida Statutes, is amended to

1218

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

(2) A social investigation and study, when ordered by the

1238

court, shall be conducted by qualified staff of the court; a

1239

child-placing agency licensed pursuant to s. 409.175; a

1240

psychologist licensed pursuant to chapter 490; or a clinical

1241

social worker, marriage and family therapist, or mental health

1242

counselor licensed pursuant to chapter 491. If a certification of

1243

indigence based on an affidavit filed with the court pursuant to

1244

s. 57.081 is provided by an adult party to the proceeding and the

1245

court does not have qualified staff to perform the investigation

1246

and study, the court may request that the Department of Children

1247

and Family Services conduct the investigation and study.

1248

(3) Except as to persons who obtain certification of

1249

indigence as specified in subsection (2), for whom no costs shall

1250

be incurred, the adult parties involved in a child custody

1251

proceeding to determine a parenting plan wherein the court has

1252

ordered the performance of a social investigation and study

1253

performed shall be responsible for the payment of the costs of

1254

such investigation and study. Upon submission of the study to the

1255

court, the agency, staff, or person performing the study shall

1256

include a bill for services, which shall be taxed and ordered

1257

paid as costs in the proceeding.

1258

Section 15. Paragraph (c) of subsection (1) and subsection

1259

(6) of section 61.21, Florida Statutes, are amended to read:

1260

61.21 Parenting course authorized; fees; required

1261

attendance authorized; contempt.--

1262

(1) LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of

1263

the Legislature that:

1264

1265

separating or divorcing to have available an educational program

1266

that will provide general information regarding:

1267

1. The issues and legal procedures for resolving time-

1268

sharing custody and child support disputes.

1269

2. The emotional experiences and problems of divorcing

1270

adults.

1271

3. The family problems and the emotional concerns and needs

1272

of the children.

1273

4. The availability of community services and resources.

1274

(6) All parties to a modification of a final judgment

1275

involving a parenting plan or a time-sharing schedule shared

1276

parental responsibilities, custody, or visitation may be required

1277

to complete a court-approved parenting course prior to the entry

1278

of an order modifying the final judgment.

1279

Section 16. Section 61.30, Florida Statutes, is amended to

1280

read:

1281

61.30 Child support guidelines; retroactive child

1282

support.--

1283

(1)(a) The child support guideline amount as determined by

1284

this section presumptively establishes the amount the trier of

1285

fact shall order as child support in an initial proceeding for

1286

such support or in a proceeding for modification of an existing

1287

order for such support, whether the proceeding arises under this

1288

or another chapter. The trier of fact may order payment of child

1289

support which varies, plus or minus 5 percent, from the guideline

1290

amount, after considering all relevant factors, including the

1291

needs of the child or children, age, station in life, standard of

1292

living, and the financial status and ability of each parent. The

1293

trier of fact may order payment of child support in an amount

1294

which varies more than 5 percent from such guideline amount only

1295

upon a written finding explaining why ordering payment of such

1296

guideline amount would be unjust or inappropriate.

1297

Notwithstanding the variance limitations of this section, the

1298

trier of fact shall order payment of child support which varies

1299

from the guideline amount as provided in paragraph (11)(b)

1300

whenever any of the children are required by court order or

1301

mediation agreement to spend a substantial amount of time with

1302

either parent the primary and secondary residential parents. This

1303

requirement applies to any living arrangement, whether temporary

1304

or permanent.

1305

(b) The guidelines may provide the basis for proving a

1306

substantial change in circumstances upon which a modification of

1307

an existing order may be granted. However, the difference between

1308

the existing monthly obligation and the amount provided for under

1309

the guidelines shall be at least 15 percent or $50, whichever

1310

amount is greater, before the court may find that the guidelines

1311

provide a substantial change in circumstances.

1312

1313

required by s. 409.2564(11), if the amount of the child support

1314

award under the order differs by at least 10 percent but not less

1315

than $25 from the amount that would be awarded under s. 61.30,

1316

the department shall seek to have the order modified and any

1317

modification shall be made without a requirement for proof or

1318

showing of a change in circumstances.

1319

(2) Income shall be determined on a monthly basis for each

1320

parent the obligor and for the obligee as follows:

1321

(a) Gross income shall include, but is not limited to, the

1322

following items:

1323

1. Salary or wages.

1324

2. Bonuses, commissions, allowances, overtime, tips, and

1325

other similar payments.

1326

3. Business income from sources such as self-employment,

1327

partnership, close corporations, and independent contracts.

1328

"Business income" means gross receipts minus ordinary and

1329

necessary expenses required to produce income.

1330

4. Disability benefits.

1331

5. All workers' compensation benefits and settlements.

1332

6. Unemployment compensation.

1333

7. Pension, retirement, or annuity payments.

1334

8. Social security benefits.

1335

9. Spousal support received from a previous marriage or

1336

court ordered in the marriage before the court.

1337

10. Interest and dividends.

1338

11. Rental income, which is gross receipts minus ordinary

1339

and necessary expenses required to produce the income.

1340

12. Income from royalties, trusts, or estates.

1341

13. Reimbursed expenses or in kind payments to the extent

1342

that they reduce living expenses.

1343

14. Gains derived from dealings in property, unless the

1344

gain is nonrecurring.

1345

(b) Income on a monthly basis shall be imputed to an

1346

unemployed or underemployed parent when such employment or

1347

underemployment is found by the court to be voluntary on that

1348

parent's part, absent a finding of fact by the court of physical

1349

or mental incapacity or other circumstances over which the parent

1350

has no control. In the event of such voluntary unemployment or

1351

underemployment, the employment potential and probable earnings

1352

level of the parent shall be determined based upon his or her

1353

recent work history, occupational qualifications, and prevailing

1354

earnings level in the community as provided in this paragraph;

1355

however, the court may refuse to impute income to a primary

1356

residential parent if the court finds it necessary for the parent

1357

to stay home with the child who is the subject of a child support

1358

calculation.

1359

1360

excluded from gross income.

1361

(3) Net income is obtained by subtracting allowable

1362

deductions from gross income. Allowable deductions shall include:

1363

(a) Federal, state, and local income tax deductions,

1364

adjusted for actual filing status and allowable dependents and

1365

income tax liabilities.

1366

(b) Federal insurance contributions or self-employment tax.

1367

1368

(d) Mandatory retirement payments.

1369

(e) Health insurance payments, excluding payments for

1370

coverage of the minor child.

1371

(f) Court-ordered support for other children which is

1372

actually paid.

1373

(g) Spousal support paid pursuant to a court order from a

1374

previous marriage or the marriage before the court.

1375

(4) Net income for each parent the obligor and net income

1376

for the obligee shall be computed by subtracting allowable

1377

deductions from gross income.

1378

(5) Net income for each parent the obligor and net income

1379

for the obligee shall be added together for a combined net

1380

income.

1381

(6) The following guidelines schedule schedules shall be

1382

applied to the combined net income to determine the minimum child

1383

support need:

1384

Combined Monthly Net Available Income

Child or Children

1385

One

Two

Three

Four

Five

Six

1386

650.00

1387

700.00

119

120

121

123

124

125

1388

750.00

164

166

167

169

171

173

1389

800.00

190

211

213

216

218

220

1390

850.00

202

257

259

262

265

268

1391

900.00

213

302

305

309

312

315

1392

950.00

224

347

351

355

359

363

1393

1000.00

235

365

397

402

406

410

1394

1050.00

246

382

443

448

453

458

1395

1100.00

258

400

489

495

500

505

1396

1150.00

269

417

522

541

547

553

1397

1200.00

280

435

544

588

594

600

1398

1250.00

290

451

565

634

641

648

1399

1300.00

300

467

584

659

688

695

1400

1350.00

310

482

603

681

735

743

1401

1400.00

320

498

623

702

765

790

1402

1450.00

330

513

642

724

789

838

1403

1500.00

340

529

662

746

813

869

1404

1550.00

350

544

681

768

836

895

1405

1600.00

360

560

701

790

860

920

1406

1650.00

370

575

720

812

884

945

1407

1700.00

380

591

740

833

907

971

1408

1750.00

390

606

759

855

931

996

1409

1800.00

400

622

779

877

955

1022

1410

1850.00

410

638

798

900

979

1048

1411

1900.00

421

654

818

923

1004

1074

1412

1950.00

431

670

839

946

1029

1101

1413

2000.00

442

686

859

968

1054

1128

1414

2050.00

452

702

879

991

1079

1154

1415

2100.00

463

718

899

1014

1104

1181

1416

2150.00

473

734

919

1037

1129

1207

1417

2200.00

484

751

940

1060

1154

1234

1418

2250.00

494

767

960

1082

1179

1261

1419

2300.00

505

783

980

1105

1204

1287

1420

2350.00

515

799

1000

1128

1229

1314

1421

2400.00

526

815

1020

1151

1254

1340

1422

2450.00

536

831

1041

1174

1279

1367

1423

2500.00

547

847

1061

1196

1304

1394

1424

2550.00

557

864

1081

1219

1329

1420

1425

2600.00

568

880

1101

1242

1354

1447

1426

2650.00

578

896

1121

1265

1379

1473

1427

2700.00

588

912

1141

1287

1403

1500

1428

2750.00

597

927

1160

1308

1426

1524

1429

2800.00

607

941

1178

1328

1448

1549

1430

2850.00

616

956

1197

1349

1471

1573

1431

2900.00

626

971

1215

1370

1494

1598

1432

2950.00

635

986

1234

1391

1517

1622

1433

3000.00

644

1001

1252

1412

1540

1647

1434

3050.00

654

1016

1271

1433

1563

1671

1435

3100.00

663

1031

1289

1453

1586

1695

1436

3150.00

673

1045

1308

1474

1608

1720

1437

3200.00

682

1060

1327

1495

1631

1744

1438

3250.00

691

1075

1345

1516

1654

1769

1439

3300.00

701

1090

1364

1537

1677

1793

1440

3350.00

710

1105

1382

1558

1700

1818

1441

3400.00

720

1120

1401

1579

1723

1842

1442

3450.00

729

1135

1419

1599

1745

1867

1443

3500.00

738

1149

1438

1620

1768

1891

1444

3550.00

748

1164

1456

1641

1791

1915

1445

3600.00

757

1179

1475

1662

1814

1940

1446

3650.00

767

1194

1493

1683

1837

1964

1447

3700.00

776

1208

1503

1702

1857

1987

1448

3750.00

784

1221

1520

1721

1878

2009

1449

3800.00

793

1234

1536

1740

1899

2031

1450

3850.00

802

1248

1553

1759

1920

2053

1451

3900.00

811

1261

1570

1778

1940

2075

1452

3950.00

819

1275

1587

1797

1961

2097

1453

4000.00

828

1288

1603

1816

1982

2119

1454

4050.00

837

1302

1620

1835

2002

2141

1455

4100.00

846

1315

1637

1854

2023

2163

1456

4150.00

854

1329

1654

1873

2044

2185

1457

4200.00

863

1342

1670

1892

2064

2207

1458

4250.00

872

1355

1687

1911

2085

2229

1459

4300.00

881

1369

1704

1930

2106

2251

1460

4350.00

889

1382

1721

1949

2127

2273

1461

4400.00

898

1396

1737

1968

2147

2295

1462

4450.00

907

1409

1754

1987

2168

2317

1463

4500.00

916

1423

1771

2006

2189

2339

1464

4550.00

924

1436

1788

2024

2209

2361

1465

4600.00

933

1450

1804

2043

2230

2384

1466

4650.00

942

1463

1821

2062

2251

2406

1467

4700.00

951

1477

1838

2081

2271

2428

1468

4750.00

959

1490

1855

2100

2292

2450

1469

4800.00

968

1503

1871

2119

2313

2472

1470

4850.00

977

1517

1888

2138

2334

2494

1471

4900.00

986

1530

1905

2157

2354

2516

1472

4950.00

993

1542

1927

2174

2372

2535

1473

5000.00

1000

1551

1939

2188

2387

2551

1474

5050.00

1006

1561

1952

2202

2402

2567

1475

5100.00

1013

1571

1964

2215

2417

2583

1476

5150.00

1019

1580

1976

2229

2432

2599

1477

5200.00

1025

1590

1988

2243

2447

2615

1478

5250.00

1032

1599

2000

2256

2462

2631

1479

5300.00

1038

1609

2012

2270

2477

2647

1480

5350.00

1045

1619

2024

2283

2492

2663

1481

5400.00

1051

1628

2037

2297

2507

2679

1482

5450.00

1057

1638

2049

2311

2522

2695

1483

5500.00

1064

1647

2061

2324

2537

2711

1484

5550.00

1070

1657

2073

2338

2552

2727

1485

5600.00

1077

1667

2085

2352

2567

2743

1486

5650.00

1083

1676

2097

2365

2582

2759

1487

5700.00

1089

1686

2109

2379

2597

2775

1488

5750.00

1096

1695

2122

2393

2612

2791

1489

5800.00

1102

1705

2134

2406

2627

2807

1490

5850.00

1107

1713

2144

2418

2639

2820

1491

5900.00

1111

1721

2155

2429

2651

2833

1492

5950.00

1116

1729

2165

2440

2663

2847

1493

6000.00

1121

1737

2175

2451

2676

2860

1494

6050.00

1126

1746

2185

2462

2688

2874

1495

6100.00

1131

1754

2196

2473

2700

2887

1496

6150.00

1136

1762

2206

2484

2712

2900

1497

6200.00

1141

1770

2216

2495

2724

2914

1498

6250.00

1145

1778

2227

2506

2737

2927

1499

6300.00

1150

1786

2237

2517

2749

2941

1500

6350.00

1155

1795

2247

2529

2761

2954

1501

6400.00

1160

1803

2258

2540

2773

2967

1502

6450.00

1165

1811

2268

2551

2785

2981

1503

6500.00

1170

1819

2278

2562

2798

2994

1504

6550.00

1175

1827

2288

2573

2810

3008

1505

6600.00

1179

1835

2299

2584

2822

3021

1506

6650.00

1184

1843

2309

2595

2834

3034

1507

6700.00

1189

1850

2317

2604

2845

3045

1508

6750.00

1193

1856

2325

2613

2854

3055

1509

6800.00

1196

1862

2332

2621

2863

3064

1510

6850.00

1200

1868

2340

2630

2872

3074

1511

6900.00

1204

1873

2347

2639

2882

3084

1512

6950.00

1208

1879

2355

2647

2891

3094

1513

7000.00

1212

1885

2362

2656

2900

3103

1514

7050.00

1216

1891

2370

2664

2909

3113

1515

7100.00

1220

1897

2378

2673

2919

3123

1516

7150.00

1224

1903

2385

2681

2928

3133

1517

7200.00

1228

1909

2393

2690

2937

3142

1518

7250.00

1232

1915

2400

2698

2946

3152

1519

7300.00

1235

1921

2408

2707

2956

3162

1520

7350.00

1239

1927

2415

2716

2965

3172

1521

7400.00

1243

1933

2423

2724

2974

3181

1522

7450.00

1247

1939

2430

2733

2983

3191

1523

7500.00

1251

1945

2438

2741

2993

3201

1524

7550.00

1255

1951

2446

2750

3002

3211

1525

7600.00

1259

1957

2453

2758

3011

3220

1526

7650.00

1263

1963

2461

2767

3020

3230

1527

7700.00

1267

1969

2468

2775

3030

3240

1528

7750.00

1271

1975

2476

2784

3039

3250

1529

7800.00

1274

1981

2483

2792

3048

3259

1530

7850.00

1278

1987

2491

2801

3057

3269

1531

7900.00

1282

1992

2498

2810

3067

3279

1532

7950.00

1286

1998

2506

2818

3076

3289

1533

8000.00

1290

2004

2513

2827

3085

3298

1534

8050.00

1294

2010

2521

2835

3094

3308

1535

8100.00

1298

2016

2529

2844

3104

3318

1536

8150.00

1302

2022

2536

2852

3113

3328

1537

8200.00

1306

2028

2544

2861

3122

3337

1538

8250.00

1310

2034

2551

2869

3131

3347

1539

8300.00

1313

2040

2559

2878

3141

3357

1540

8350.00

1317

2046

2566

2887

3150

3367

1541

8400.00

1321

2052

2574

2895

3159

3376

1542

8450.00

1325

2058

2581

2904

3168

3386

1543

8500.00

1329

2064

2589

2912

3178

3396

1544

8550.00

1333

2070

2597

2921

3187

3406

1545

8600.00

1337

2076

2604

2929

3196

3415

1546

8650.00

1341

2082

2612

2938

3205

3425

1547

8700.00

1345

2088

2619

2946

3215

3435

1548

8750.00

1349

2094

2627

2955

3224

3445

1549

8800.00

1352

2100

2634

2963

3233

3454

1550

8850.00

1356

2106

2642

2972

3242

3464

1551

8900.00

1360

2111

2649

2981

3252

3474

1552

8950.00

1364

2117

2657

2989

3261

3484

1553

9000.00

1368

2123

2664

2998

3270

3493

1554

9050.00

1372

2129

2672

3006

3279

3503

1555

9100.00

1376

2135

2680

3015

3289

3513

1556

9150.00

1380

2141

2687

3023

3298

3523

1557

9200.00

1384

2147

2695

3032

3307

3532

1558

9250.00

1388

2153

2702

3040

3316

3542

1559

9300.00

1391

2159

2710

3049

3326

3552

1560

9350.00

1395

2165

2717

3058

3335

3562

1561

9400.00

1399

2171

2725

3066

3344

3571

1562

9450.00

1403

2177

2732

3075

3353

3581

1563

9500.00

1407

2183

2740

3083

3363

3591

1564

9550.00

1411

2189

2748

3092

3372

3601

1565

9600.00

1415

2195

2755

3100

3381

3610

1566

9650.00

1419

2201

2763

3109

3390

3620

1567

9700.00

1422

2206

2767

3115

3396

3628

1568

9750.00

1425

2210

2772

3121

3402

3634

1569

9800.00

1427

2213

2776

3126

3408

3641

1570

9850.00

1430

2217

2781

3132

3414

3647

1571

9900.00

1432

2221

2786

3137

3420

3653

1572

9950.00

1435

2225

2791

3143

3426

3659

1573

10000.00

1437

2228

2795

3148

3432

3666

1574

1575

For combined monthly net available income less than the amount

1576

set out on the above guidelines schedule schedules, the parent

1577

should be ordered to pay a child support amount, determined on a

1578

case-by-case basis, to establish the principle of payment and lay

1579

the basis for increased orders should the parent's income

1580

increase in the future. For combined monthly net available income

1581

greater than the amount set out in the above guidelines schedule

1582

schedules, the obligation shall be the minimum amount of support

1583

provided by the guidelines schedule plus the following

1584

percentages multiplied by the amount of income over $10,000:

1585

Child or Children

1586

One

Two

Three

Four

Five

Six

1587

5.0%

7.5%

9.5%

11.0%

12.0%

12.5%

1588

1589

(7) Child care costs incurred on behalf of the children due

1590

to employment, job search, or education calculated to result in

1591

employment or to enhance income of current employment of either

1592

parent shall be reduced by 25 percent and then shall be added to

1593

the basic obligation. After the adjusted child care costs are

1594

added to the basic obligation, any moneys prepaid by a the

1595

noncustodial parent for child care costs for the child or

1596

children of this action shall be deducted from that noncustodial

1597

parent's child support obligation for that child or those

1598

children. Child care costs shall not exceed the level required to

1599

provide quality care from a licensed source for the children.

1600

(8) Health insurance costs resulting from coverage ordered

1601

pursuant to s. 61.13(1)(b), and any noncovered medical, dental,

1602

and prescription medication expenses of the child, shall be added

1603

to the basic obligation unless these expenses have been ordered

1604

to be separately paid on a percentage basis. After the health

1605

insurance costs are added to the basic obligation, any moneys

1606

prepaid by a the noncustodial parent for health-related costs for

1607

the child or children of this action shall be deducted from that

1608

noncustodial parent's child support obligation for that child or

1609

those children.

1610

(9) Each parent's percentage share of the child support

1611

need shall be determined by dividing each parent's net monthly

1612

income by the combined net monthly income.

1613

(10) Each parent's actual dollar share of the total minimum

1614

child support need shall be determined by multiplying the minimum

1615

child support need by each parent's percentage share of the

1616

combined monthly net income.

1617

(11)(a) The court may adjust the total minimum child

1618

support award, or either or both parents' share of the total

1619

minimum child support award, based upon the following deviation

1620

factors considerations:

1621

1. Extraordinary medical, psychological, educational, or

1622

dental expenses.

1623

2. Independent income of the child, not to include moneys

1624

received by a child from supplemental security income.

1625

3. The payment of support for a parent which regularly has

1626

been paid and for which there is a demonstrated need.

1627

4. Seasonal variations in one or both parents' incomes or

1628

expenses.

1629

5. The age of the child, taking into account the greater

1630

needs of older children.

1631

6. Special needs, such as costs that may be associated with

1632

the disability of a child, that have traditionally been met

1633

within the family budget even though the fulfilling of those

1634

needs will cause the support to exceed the presumptive amount

1635

established by the proposed guidelines.

1636

7. Total available assets of the obligee, obligor, and the

1637

child.

1638

8. The impact of the Internal Revenue Service dependency

1639

exemption and waiver of that exemption. The court may order a the

1640

primary residential parent to execute a waiver of the Internal

1641

Revenue Service dependency exemption if the paying noncustodial

1642

parent is current in support payments.

1643

9. When application of the child support guidelines

1644

schedule requires a person to pay another person more than 55

1645

percent of his or her gross income for a child support obligation

1646

for current support resulting from a single support order.

1647

10. The particular parenting plan shared parental

1648

arrangement, such as where the child spends a significant amount

1649

of time, but less than 40 percent of the overnights, with one the

1650

noncustodial parent, thereby reducing the financial expenditures

1651

incurred by the other primary residential parent; or the refusal

1652

of a the noncustodial parent to become involved in the activities

1653

of the child.

1654

11. Any other adjustment which is needed to achieve an

1655

equitable result which may include, but not be limited to, a

1656

reasonable and necessary existing expense or debt. Such expense

1657

or debt may include, but is not limited to, a reasonable and

1658

necessary expense or debt which the parties jointly incurred

1659

during the marriage.

1660

(b) Whenever a particular parenting plan shared parental

1661

arrangement provides that each child spend a substantial amount

1662

of time with each parent, the court shall adjust any award of

1663

child support, as follows:

1664

1. In accordance with subsections (9) and (10), calculate

1665

the amount of support obligation apportioned to each the

1666

noncustodial parent without including day care and health

1667

insurance costs in the calculation and multiply the amount by

1668

1.5.

1669

2. In accordance with subsections (9) and (10), calculate

1670

the amount of support obligation apportioned to the custodial

1671

parent without including day care and health insurance costs in

1672

the calculation and multiply the amount by 1.5.

1673

2.3. Calculate the percentage of overnight stays the child

1674

spends with each parent.

1675

3.4. Multiply each the noncustodial parent's support

1676

obligation as calculated in subparagraph 1. by the percentage of

1677

the other custodial parent's overnight stays with the child as

1678

calculated in subparagraph 2. 3.

1679

5. Multiply the custodial parent's support obligation as

1680

calculated in subparagraph 2. by the percentage of the

1681

noncustodial parent's overnight stays with the child as

1682

calculated in subparagraph 3.

1683

4.6. The difference between the amounts calculated in

1684

subparagraph 3. subparagraphs 4. and 5. shall be the monetary

1685

transfer necessary between the custodial and noncustodial parents

1686

for the care of the child, subject to an adjustment for day care

1687

and health insurance expenses.

1688

5.7. Pursuant to subsections (7) and (8), calculate the net

1689

amounts owed by each parent the custodial and noncustodial

1690

parents for the expenses incurred for day care and health

1691

insurance coverage for the child. Day care shall be calculated

1692

without regard to the 25-percent reduction applied by subsection

1693

(7).

1694

6.8. Adjust the support obligation owed by each the

1695

custodial or noncustodial parent pursuant to subparagraph 4. 6.

1696

by crediting or debiting the amount calculated in subparagraph 5.

1697

7. This amount represents the child support which must be

1698

exchanged between the custodial and noncustodial parents.

1699

7.9. The court may deviate from the child support amount

1700

calculated pursuant to subparagraph 6. 8. based upon the

1701

deviation factors considerations set forth in paragraph (a), as

1702

well as the obligee custodial parent's low income and ability to

1703

maintain the basic necessities of the home for the child, the

1704

likelihood that either the noncustodial parent will actually

1705

exercise the time-sharing schedule set forth in the parenting

1706

plan visitation granted by the court, and whether all of the

1707

children are exercising the same time-sharing schedule shared

1708

parental arrangement.

1709

8.10. For purposes of adjusting any award of child support

1710

under this paragraph, "substantial amount of time" means that a

1711

the noncustodial parent exercises visitation at least 40 percent

1712

of the overnights of the year.

1713

1714

court-ordered or agreed time-sharing schedule visitation not

1715

caused by the other custodial parent which resulted in the

1716

adjustment of the amount of child support pursuant to

1717

subparagraph (a)10. or paragraph (b) shall be deemed a

1718

substantial change of circumstances for purposes of modifying the

1719

child support award. A modification pursuant to this paragraph

1720

shall be retroactive to the date the noncustodial parent first

1721

failed to regularly exercise court-ordered or agreed time-sharing

1722

schedule visitation.

1723

(12)(a) A parent with a support obligation may have other

1724

children living with him or her who were born or adopted after

1725

the support obligation arose. If such subsequent children exist,

1726

the court, when considering an upward modification of an existing

1727

award, may disregard the income from secondary employment

1728

obtained in addition to the parent's primary employment if the

1729

court determines that the employment was obtained primarily to

1730

support the subsequent children.

1731

(b) Except as provided in paragraph (a), the existence of

1732

such subsequent children should not as a general rule be

1733

considered by the court as a basis for disregarding the amount

1734

provided in the guidelines schedule. The parent with a support

1735

obligation for subsequent children may raise the existence of

1736

such subsequent children as a justification for deviation from

1737

the guidelines schedule. However, if the existence of such

1738

subsequent children is raised, the income of the other parent of

1739

the subsequent children shall be considered by the court in

1740

determining whether or not there is a basis for deviation from

1741

the guideline amount.

1742

1743

paragraph (b) may only be raised in a proceeding for an upward

1744

modification of an existing award and may not be applied to

1745

justify a decrease in an existing award.

1746

(13) If the recurring income is not sufficient to meet the

1747

needs of the child, the court may order child support to be paid

1748

from nonrecurring income or assets.

1749

(14) Every petition for child support or for modification

1750

of child support shall be accompanied by an affidavit which shows

1751

the party's income, allowable deductions, and net income computed

1752

in accordance with this section. The affidavit shall be served at

1753

the same time that the petition is served. The respondent,

1754

whether or not a stipulation is entered, shall make an affidavit

1755

which shows the party's income, allowable deductions, and net

1756

income computed in accordance with this section. The respondent

1757

shall include his or her affidavit with the answer to the

1758

petition or as soon thereafter as is practicable, but in any case

1759

at least 72 hours prior to any hearing on the finances of either

1760

party.

1761

(15) For purposes of establishing an obligation for support

1762

in accordance with this section, if a person who is receiving

1763

public assistance is found to be noncooperative as defined in s.

1764

409.2572, the IV-D agency is authorized to submit to the court an

1765

affidavit attesting to the income of that the custodial parent

1766

based upon information available to the IV-D agency.

1767

(16) The Legislature shall review the guidelines schedule

1768

established in this section at least every 4 years beginning in

1769

1997.

1770

(17) In an initial determination of child support, whether

1771

in a paternity action, dissolution of marriage action, or

1772

petition for support during the marriage, the court has

1773

discretion to award child support retroactive to the date when

1774

the parents did not reside together in the same household with

1775

the child, not to exceed a period of 24 months preceding the

1776

filing of the petition, regardless of whether that date precedes

1777

the filing of the petition. In determining the retroactive award

1778

in such cases, the court shall consider the following:

1779

(a) The court shall apply the guidelines schedule in effect

1780

at the time of the hearing subject to the obligor's demonstration

1781

of his or her actual income, as defined by subsection (2), during

1782

the retroactive period. Failure of the obligor to so demonstrate

1783

shall result in the court using the obligor's income at the time

1784

of the hearing in computing child support for the retroactive

1785

period.

1786

(b) All actual payments made by a the noncustodial parent

1787

to the other custodial parent or the child or third parties for

1788

the benefit of the child throughout the proposed retroactive

1789

period.

1790

1791

for the payment of retroactive child support.

1792

Section 17. Section 61.401, Florida Statutes, is amended to

1793

read:

1794

61.401 Appointment of guardian ad litem.-- In an action for

1795

dissolution of marriage or for the creation, approval, or,

1796

modification of a parenting plan, parental responsibility,

1797

custody, or visitation, if the court finds it is in the best

1798

interest of the child, the court may appoint a guardian ad litem

1799

to act as next friend of the child, investigator or evaluator,

1800

not as attorney or advocate. The court in its discretion may also

1801

appoint legal counsel for a child to act as attorney or advocate;

1802

however, the guardian and the legal counsel shall not be the same

1803

person. In such actions which involve an allegation of child

1804

abuse, abandonment, or neglect as defined in s. 39.01, which

1805

allegation is verified and determined by the court to be well-

1806

founded, the court shall appoint a guardian ad litem for the

1807

child. The guardian ad litem shall be a party to any judicial

1808

proceeding from the date of the appointment until the date of

1809

discharge.

1810

Section 18. Section 61.45, Florida Statutes, is amended to

1811

read:

1812

61.45 Court-ordered parenting plan Court order of

1813

visitation or custody; risk of violation; bond.--

1814

(1) In any a proceeding in which the court enters a

1815

parenting plan, including a time-sharing schedule an order of

1816

child custody or visitation, including in a modification

1817

proceeding, upon the presentation of competent substantial

1818

evidence that there is a risk that one party may violate the

1819

court's parenting plan order of visitation or custody by removing

1820

a child from this state or country or by concealing the

1821

whereabouts of a child, or upon stipulation of the parties, the

1822

court may:

1823

(a) Order that a parent may not remove the child from this

1824

state without the notarized written permission of both parents or

1825

further court order;

1826

(b) Order that a parent may not remove the child from this

1827

country without the notarized written permission of both parents

1828

or further court order;

1829

1830

that has not ratified or acceded to the Hague Convention on the

1831

Civil Aspects of International Child Abduction unless the other

1832

parent agrees in writing that the child may be taken to the

1833

country;

1834

(d) Require a parent to surrender the passport of the

1835

child; or

1836

(e) Require that party to post bond or other security.

1837

(2) If the court enters a parenting plan, including a time-

1838

sharing schedule an order of child custody or visitation,

1839

including in a modification proceeding, that includes a provision

1840

entered under paragraph (1)(b) or paragraph (1)(c), a certified

1841

copy of the order should be sent by the parent who requested the

1842

restriction to the Passport Services Office of the United States

1843

Department of State requesting that they not issue a passport to

1844

the child without their signature or further court order.

1845

(3) In assessing the need for a bond or other security, the

1846

court may consider any reasonable factor bearing upon the risk

1847

that a party may violate a parenting plan visitation or custody

1848

order by removing a child from this state or country or by

1849

concealing the whereabouts of a child, including but not limited

1850

to whether:

1851

(a) A court has previously found that a party previously

1852

removed a child from Florida or another state in violation of a

1853

parenting plan custody or visitation order, or whether a court

1854

had found that a party has threatened to take a child out of

1855

Florida or another state in violation of a parenting plan custody

1856

or visitation order;

1857

(b) The party has strong family and community ties to

1858

Florida or to other states or countries, including whether the

1859

party or child is a citizen of another country;

1860

1861

Florida or to relocate to another state or country;

1862

(d) The party has engaged in activities that suggest plans

1863

to leave Florida, such as quitting employment; sale of a

1864

residence or termination of a lease on a residence, without

1865

efforts to acquire an alternative residence in the state; closing

1866

bank accounts or otherwise liquidating assets; or applying for a

1867

passport;

1868

(e) Either party has had a history of domestic violence as

1869

either a victim or perpetrator, child abuse or child neglect

1870

evidenced by criminal history, including but not limited to,

1871

arrest, an injunction for protection against domestic violence

1872

issued after notice and hearing under s. 741.30, medical records,

1873

affidavits, or any other relevant information; or

1874

(f) The party has a criminal record.

1875

(4) The court must consider the party's financial resources

1876

prior to setting the bond amount under this section. Under no

1877

circumstances may the court set a bond that is unreasonable.

1878

(5) Any deficiency of bond or security shall not absolve

1879

the violating party of responsibility to pay the full amount of

1880

damages determined by the court.

1881

(6)(a) Upon a material violation of any parenting plan

1882

custody or visitation order by removing a child from this state

1883

or this country or by concealing the whereabouts of a child, the

1884

court may order the bond or other security forfeited in whole or

1885

in part.

1886

(b) This section, including the requirement to post a bond

1887

or other security, does not apply to a parent who, in a

1888

proceeding to order or modify a parenting plan or time-sharing

1889

schedule, is determined by the court to be child custody or

1890

visitation, the court determines is a victim of an act of

1891

domestic violence or provides the court with has reasonable cause

1892

to believe that he or she is about to become the victim of an act

1893

of domestic violence, as defined in s. 741.28. An injunction for

1894

protection against domestic violence issued pursuant to s. 741.30

1895

for a parent as the petitioner which is in effect at the time of

1896

the court proceeding shall be one means of demonstrating

1897

sufficient evidence that the parent is a victim of domestic

1898

violence or is about to become the victim of an act of domestic

1899

violence, as defined in s. 741.28, and shall exempt the parent

1900

from this section, including the requirement to post a bond or

1901

other security. A parent who is determined by the court to be

1902

exempt from the requirements of this section must meet the

1903

requirements of s. 787.03(6) if an offense of interference with

1904

the parenting plan or time-sharing schedule custody is committed.

1905

(7)(a) Upon an order of forfeiture, the proceeds of any

1906

bond or other security posted pursuant to this subsection may

1907

only be used to:

1908

1. Reimburse the nonviolating party for actual costs or

1909

damages incurred in upholding the court's parenting plan order of

1910

custody or visitation.

1911

2. Locate and return the child to the residence as set

1912

forth in the parenting plan visitation or custody order.

1913

3. Reimburse reasonable fees and costs as determined by the

1914

court.

1915

(b) Any remaining proceeds shall be held as further

1916

security if deemed necessary by the court, and if further

1917

security is not found to be necessary; applied to any child

1918

support arrears owed by the parent against whom the bond was

1919

required, and if no arrears exists; all remaining proceeds will

1920

be allocated by the court in the best interest of the child.

1921

(8) At any time after the forfeiture of the bond or other

1922

security, the party who posted the bond or other security, or the

1923

court on its own motion may request that the party provide

1924

documentation substantiating that the proceeds received as a

1925

result of the forfeiture have been used solely in accordance with

1926

this subsection. Any party using such proceeds for purposes not

1927

in accordance with this section may be found in contempt of

1928

court.

1929

Section 19. Subsection (14) of section 409.2554, Florida

1930

Statutes, is amended to read:

1931

409.2554 Definitions; ss. 409.2551-409.2598.--As used in

1932

ss. 409.2551-409.2598, the term:

1933

(14) "Unidentifiable collection" means a payment received

1934

by the department for which a the noncustodial parent, custodial

1935

parent, depository or circuit civil numbers, or source of the

1936

payment cannot be identified.

1937

Section 20. Paragraphs (b) and (c) of subsection (2) and

1938

subsection (4) of section 409.2558, Florida Statutes, are amended

1939

to read:

1940

409.2558 Support distribution and disbursement.--

1941

(2) UNDISTRIBUTABLE COLLECTIONS.--

1942

(b) Collections that are determined to be undistributable

1943

shall be processed in the following order of priority:

1944

1. Apply the payment to any assigned arrears on the

1945

obligee's custodial parent's case; then

1946

2. Apply the payment to any administrative costs ordered by

1947

the court pursuant to s. 409.2567 associated with the obligee's

1948

custodial parent's case; then

1949

3. When the obligor noncustodial parent is subject to a

1950

valid order to support another child in a case with a different

1951

obligee custodial parent and the obligation is being enforced by

1952

the department, the department shall send by certified mail,

1953

restricted delivery, return receipt requested, to the obligor

1954

noncustodial parent at the most recent address provided by the

1955

obligor noncustodial parent to the tribunal that issued the

1956

order, a notice stating the department's intention to apply the

1957

payment pursuant to this subparagraph, and advising the obligor

1958

noncustodial parent of the right to contest the department's

1959

proposed action in the circuit court by filing and serving a

1960

petition on the department within 30 days after the mailing of

1961

the notice. If the obligor noncustodial parent does not file and

1962

serve a petition within the 30 days after mailing of the notice,

1963

or upon a disposition of the judicial action favorable to the

1964

department, the department shall apply the payment toward his or

1965

her other support obligation. If there is more than one such

1966

other case, the department shall allocate the remaining

1967

undistributable amount as specified by s. 61.1301(4)(c); then

1968

4. Return the payment to the obligor noncustodial parent;

1969

then

1970

5. If the obligor noncustodial parent cannot be located

1971

after diligent efforts by the department, the federal share of

1972

the payment shall be credited to the Federal Government and the

1973

state share shall be transferred to the General Revenue Fund.

1974

1975

determined to be undistributable shall be processed in the

1976

following manner:

1977

1. The federal share of the refund shall be sent to the

1978

Federal Government.

1979

2. The state share shall be credited to the General Revenue

1980

Fund.

1981

(4) RECLAIMING COLLECTIONS DECLARED TO BE UNDISTRIBUTABLE

1982

OR UNIDENTIFIABLE.--At such time as an undistributable or

1983

unidentifiable collection that has been transferred to the

1984

Federal Government and to the General Revenue Fund in the

1985

relevant method above becomes distributable or identified,

1986

meaning either the obligor noncustodial parent or the obligee

1987

custodial parent is identified or located, the department shall

1988

retrieve the transferred moneys in the following manner:

1989

(a) Offset the next credit to the Federal Government in an

1990

amount equal to the share of the collection which had been

1991

transferred; and

1992

(b) Offset the next transfer to the General Revenue Fund in

1993

an amount equal to the state share of the collection which had

1994

been transferred to the General Revenue Fund.

1995

1996

The collection shall then be processed, as appropriate.

1997

Section 21. Paragraph (a) of subsection (1), paragraphs

1998

(b), (c), (d), and (f) of subsection (2), subsection (4),

1999

paragraphs (a) and (c) of subsection (5), subsection (6),

2000

paragraphs (b), (c), (d), and (e) of subsection (7), paragraphs

2001

(a) and (b) of subsection (10), and subsections (13) and (17) of

2002

section 409.2563, Florida Statutes, are amended to read:

2003

409.2563 Administrative establishment of child support

2004

obligations.--

2005

(1) DEFINITIONS.--As used in this section, the term:

2006

(a) "Administrative support order" means a final order

2007

rendered by or on behalf of the department pursuant to this

2008

section establishing or modifying the obligation of a

2009

noncustodial parent to contribute to the support and maintenance

2010

of his or her child or children, which may include provisions for

2011

monetary support, retroactive support, health care, and other

2012

elements of support pursuant to chapter 61.

2013

(2) PURPOSE AND SCOPE.--

2014

(b) The administrative procedure set forth in this section

2015

concerns only the establishment of child support obligations.

2016

This section does not grant jurisdiction to the department or the

2017

Division of Administrative Hearings to hear or determine issues

2018

of dissolution of marriage, separation, alimony or spousal

2019

support, termination of parental rights, dependency, disputed

2020

paternity, except for a determination of paternity as provided in

2021

s. 409.256, award of or change of time-sharing custody, or

2022

visitation. This paragraph notwithstanding, the department and

2023

the Division of Administrative Hearings may make findings of fact

2024

that are necessary for a proper determination of a noncustodial

2025

parent's support obligation as authorized by this section.

2026

2027

D case whose paternity has been established or is presumed by

2028

law, or whose paternity is the subject of a proceeding under s.

2029

409.256, the department may establish a the noncustodial parent's

2030

child support obligation pursuant to this section, s. 61.30, and

2031

other relevant provisions of state law. The noncustodial parent's

2032

obligation determined by the department may include any

2033

obligation to pay retroactive support and any obligation to

2034

provide for health care for a child, whether through insurance

2035

coverage, reimbursement of expenses, or both. The department may

2036

proceed on behalf of:

2037

1. An applicant or recipient of public assistance, as

2038

provided by ss. 409.2561 and 409.2567;

2039

2. A former recipient of public assistance, as provided by

2040

s. 409.2569;

2041

3. An individual who has applied for services as provided

2042

by s. 409.2567;

2043

4. Itself or the child, as provided by s. 409.2561; or

2044

5. A state or local government of another state, as

2045

provided by chapter 88.

2046

(d) Either parent, or a caretaker relative if applicable,

2047

may at any time file a civil action in a circuit court having

2048

jurisdiction and proper venue to determine parental support

2049

obligations the noncustodial parent's child support obligations,

2050

if any. A support order issued by a circuit court prospectively

2051

supersedes an administrative support order rendered by the

2052

department.

2053

(f) The department shall terminate the administrative

2054

proceeding and file an action in circuit court to determine

2055

support if within 20 days after receipt of the initial notice the

2056

noncustodial parent from whom support is being sought requests in

2057

writing that the department proceed in circuit court or states in

2058

writing his or her the noncustodial parent's intention to address

2059

issues concerning time-sharing custody or rights to parental

2060

contact in court and if within 10 days after receipt of the

2061

department's petition and waiver of service the noncustodial

2062

parent from whom support is being sought signs and returns the

2063

waiver of service form to the department.

2064

(4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE

2065

SUPPORT ORDER.--To commence a proceeding under this section, the

2066

department shall provide to the custodial parent from whom

2067

support is not being sought and serve the noncustodial parent

2068

from whom support is being sought with a notice of proceeding to

2069

establish administrative support order and a blank financial

2070

affidavit form. The notice must state:

2071

(a) The names of both parents, the name of the caretaker

2072

relative, if any, and the name and date of birth of the child or

2073

children;

2074

(b) That the department intends to establish an

2075

administrative support order as defined in this section;

2076

2077

affidavit to the department within 20 days after receiving the

2078

notice, as provided by paragraph (13)(a);

2079

(d) That both parents, or parent and caretaker relative if

2080

applicable, are required to furnish to the department information

2081

regarding their identities and locations, as provided by

2082

paragraph (13)(b);

2083

(e) That both parents, or parent and caretaker relative if

2084

applicable, are required to promptly notify the department of any

2085

change in their mailing addresses to ensure receipt of all

2086

subsequent pleadings, notices, and orders, as provided by

2087

paragraph (13)(c);

2088

(f) That the department will calculate support obligations

2089

based on the child support guidelines schedule in s. 61.30 and

2090

using all available information, as provided by paragraph (5)(a),

2091

and will incorporate such obligations into a proposed

2092

administrative support order;

2093

(g) That the department will send by regular mail to both

2094

parents, or parent and caretaker relative if applicable, a copy

2095

of the proposed administrative support order, the department's

2096

child support worksheet, and any financial affidavits submitted

2097

by a parent or prepared by the department;

2098

(h) That the noncustodial parent from whom support is being

2099

sought may file a request for a hearing in writing within 20 days

2100

after the date of mailing or other service of the proposed

2101

administrative support order or will be deemed to have waived the

2102

right to request a hearing;

2103

(i) That if the noncustodial parent from whom support is

2104

being sought does not file a timely request for hearing after

2105

service of the proposed administrative support order, the

2106

department will issue an administrative support order that

2107

incorporates the findings of the proposed administrative support

2108

order, and will send by regular mail a copy of the administrative

2109

support order to both parents, or parent and caretaker relative

2110

if applicable;

2111

(j) That after an administrative support order is rendered,

2112

the department will file a copy of the order with the clerk of

2113

the circuit court;

2114

(k) That after an administrative support order is rendered,

2115

the department may enforce the administrative support order by

2116

any lawful means;

2117

(l) That either parent, or caretaker relative if

2118

applicable, may file at any time a civil action in a circuit

2119

court having jurisdiction and proper venue to determine parental

2120

support obligations the noncustodial parent's child support

2121

obligations, if any, and that a support order issued by a circuit

2122

court supersedes an administrative support order rendered by the

2123

department;

2124

(m) That, neither the department nor the Division of

2125

Administrative Hearings has jurisdiction to award or change child

2126

custody or rights of parental contact or time-sharing and these

2127

issues may only be addressed in circuit court.

2128

1. The parent from whom support is being sought

2129

noncustodial parent may request in writing that the department

2130

proceed in circuit court to determine his or her support

2131

obligations.

2132

2. The parent from whom support is being sought

2133

noncustodial parent may state in writing to the department his or

2134

her intention to address issues concerning custody or rights to

2135

parental contact in circuit court.

2136

3. If the parent from whom support is being sought

2137

noncustodial parent submits the request authorized in

2138

subparagraph 1., or the statement authorized in subparagraph 2.

2139

to the department within 20 days after the receipt of the initial

2140

notice, the department shall file a petition in circuit court for

2141

the determination of the noncustodial parent's child support

2142

obligations, and shall send to the parent from whom support is

2143

being sought noncustodial parent a copy of its petition, a notice

2144

of commencement of action, and a request for waiver of service of

2145

process as provided in the Florida Rules of Civil Procedure.

2146

4. If, within 10 days after receipt of the department's

2147

petition and waiver of service, the parent from whom support is

2148

being sought noncustodial parent signs and returns the waiver of

2149

service form to the department, the department shall terminate

2150

the administrative proceeding without prejudice and proceed in

2151

circuit court.

2152

5. In any circuit court action filed by the department

2153

pursuant to this paragraph or filed by a parent from whom support

2154

is being sought noncustodial parent or other person pursuant to

2155

paragraph (l) or paragraph (n), the department shall be a party

2156

only with respect to those issues of support allowed and

2157

reimbursable under Title IV-D of the Social Security Act. It is

2158

the responsibility of the parent from whom support is being

2159

sought noncustodial parent or other person to take the necessary

2160

steps to present other issues for the court to consider.

2161

(n) That if the parent from whom support is being sought

2162

noncustodial parent files an action in circuit court and serves

2163

the department with a copy of the petition within 20 days after

2164

being served notice under this subsection, the administrative

2165

process ends without prejudice and the action must proceed in

2166

circuit court;

2167

(o) Information provided by the Office of State Courts

2168

Administrator concerning the availability and location of self-

2169

help programs for those who wish to file an action in circuit

2170

court but who cannot afford an attorney.

2171

2172

The department may serve the notice of proceeding to establish

2173

administrative support order by certified mail, restricted

2174

delivery, return receipt requested. Alternatively, the department

2175

may serve the notice by any means permitted for service of

2176

process in a civil action. For purposes of this section, an

2177

authorized employee of the department may serve the notice and

2178

execute an affidavit of service. Service by certified mail is

2179

completed when the certified mail is received or refused by the

2180

addressee or by an authorized agent as designated by the

2181

addressee in writing. If a person other than the addressee signs

2182

the return receipt, the department shall attempt to reach the

2183

addressee by telephone to confirm whether the notice was

2184

received, and the department shall document any telephonic

2185

communications. If someone other than the addressee signs the

2186

return receipt, the addressee does not respond to the notice, and

2187

the department is unable to confirm that the addressee has

2188

received the notice, service is not completed and the department

2189

shall attempt to have the addressee served personally. The

2190

department shall provide the custodial parent from whom support

2191

is not being sought or caretaker relative with a copy of the

2192

notice by regular mail to the last known address of the custodial

2193

parent from whom support is not being sought or caretaker.

2194

(5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--

2195

(a) After serving notice upon a the noncustodial parent in

2196

accordance with subsection (4), the department shall calculate

2197

that the noncustodial parent's child support obligation under the

2198

child support guidelines schedule as provided by s. 61.30, based

2199

on any timely financial affidavits received and other information

2200

available to the department. If either parent fails to comply

2201

with the requirement to furnish a financial affidavit, the

2202

department may proceed on the basis of information available from

2203

any source, if such information is sufficiently reliable and

2204

detailed to allow calculation of guideline schedule amounts under

2205

s. 61.30. If a the custodial parent receives public assistance

2206

and fails to submit a financial affidavit, the department may

2207

submit a financial affidavit for that the custodial parent

2208

pursuant to s. 61.30(15). If there is a lack of sufficient

2209

reliable information concerning a parent's actual earnings for a

2210

current or past period, it shall be presumed for the purpose of

2211

establishing a support obligation that the parent had an earning

2212

capacity equal to the federal minimum wage during the applicable

2213

period.

2214

2215

the proposed administrative support order, which notice must

2216

inform the noncustodial parent from whom support is being sought

2217

that:

2218

1. The noncustodial parent from whom support is being

2219

sought may, within 20 days after the date of mailing or other

2220

service of the proposed administrative support order, request a

2221

hearing by filing a written request for hearing in a form and

2222

manner specified by the department;

2223

2. If the noncustodial parent from whom support is being

2224

sought files a timely request for a hearing, the case shall be

2225

transferred to the Division of Administrative Hearings, which

2226

shall conduct further proceedings and may enter an administrative

2227

support order;

2228

3. A noncustodial parent from whom support is being sought

2229

who fails to file a timely request for a hearing shall be deemed

2230

to have waived the right to a hearing, and the department may

2231

render an administrative support order pursuant to paragraph

2232

(7)(b);

2233

4. The noncustodial parent from whom support is being

2234

sought may consent in writing to entry of an administrative

2235

support order without a hearing;

2236

5. The noncustodial parent from whom support is being

2237

sought may, within 10 days after the date of mailing or other

2238

service of the proposed administrative support order, contact a

2239

department representative, at the address or telephone number

2240

specified in the notice, to informally discuss the proposed

2241

administrative support order and, if informal discussions are

2242

requested timely, the time for requesting a hearing will be

2243

extended until 10 days after the department notifies the

2244

noncustodial parent that the informal discussions have been

2245

concluded; and

2246

6. If an administrative support order that establishes a

2247

noncustodial parent's support obligation is rendered, whether

2248

after a hearing or without a hearing, the department may enforce

2249

the administrative support order by any lawful means.

2250

(6) HEARING.--If the noncustodial parent from whom support

2251

is being sought files a timely request for hearing, the

2252

department shall refer the hearing request to the Division of

2253

Administrative Hearings. Unless otherwise provided by this

2254

section, chapter 120 and the Uniform Rules of Procedure shall

2255

govern the conduct of the proceedings. The administrative law

2256

judge shall consider all available and admissible information and

2257

any presumptions that apply as provided by paragraph (5)(a).

2258

(7) ADMINISTRATIVE SUPPORT ORDER.--

2259

(b) If the noncustodial parent from whom support is being

2260

sought does not file a timely request for a hearing, the

2261

noncustodial parent will be deemed to have waived the right to

2262

request a hearing.

2263

2264

sought waives the right to a hearing, or consents in writing to

2265

the entry of an order without a hearing, the department may

2266

render an administrative support order.

2267

(d) The department shall send by regular mail a copy of the

2268

administrative support order, or the final order denying an

2269

administrative support order, to both parents, or a parent and

2270

caretaker relative if applicable. The noncustodial parent from

2271

whom support is being sought shall be notified of the right to

2272

seek judicial review of the administrative support order in

2273

accordance with s. 120.68.

2274

(e) An administrative support order must comply with s.

2275

61.30. The department shall develop a standard form or forms for

2276

administrative support orders. An administrative support order

2277

must provide and state findings, if applicable, concerning:

2278

1. The full name and date of birth of the child or

2279

children;

2280

2. The name of the noncustodial parent from whom support is

2281

being sought and the other custodial parent or caretaker

2282

relative;

2283

3. The noncustodial parent's duty and ability to provide

2284

support;

2285

4. The amount of the noncustodial parent's monthly support

2286

obligation;

2287

5. Any obligation to pay retroactive support;

2288

6. The noncustodial parent's obligation to provide for the

2289

health care needs of each child, whether through insurance

2290

coverage, contribution towards the cost of insurance coverage,

2291

payment or reimbursement of health care expenses for the child,

2292

or any combination thereof;

2293

7. The beginning date of any required monthly payments and

2294

health care coverage;

2295

8. That all support payments ordered must be paid to the

2296

Florida State Disbursement Unit as provided by s. 61.1824;

2297

9. That the parents, or caretaker relative if applicable,

2298

must file with the department when the administrative support

2299

order is rendered, if they have not already done so, and update

2300

as appropriate the information required pursuant to paragraph

2301

(13)(b);

2302

10. That both parents, or parent and caretaker relative if

2303

applicable, are required to promptly notify the department of any

2304

change in their mailing addresses pursuant to paragraph (13)(c);

2305

and

2306

11. That if the noncustodial parent ordered to pay support

2307

receives unemployment compensation benefits, the payor shall

2308

withhold, and transmit to the department, 40 percent of the

2309

benefits for payment of support, not to exceed the amount owed.

2310

2311

An income deduction order as provided by s. 61.1301 must be

2312

incorporated into the administrative support order or, if not

2313

incorporated into the administrative support order, the

2314

department or the Division of Administrative Hearings shall

2315

render a separate income deduction order.

2316

(10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER

2317

SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--

2318

(a) The obligor A noncustodial parent has the right to seek

2319

judicial review of an administrative support order or a final

2320

order denying an administrative support order in accordance with

2321

s. 120.68. The department has the right to seek judicial review,

2322

in accordance with s. 120.68, of an administrative support order

2323

or a final order denying an administrative support order entered

2324

by an administrative law judge of the Division of Administrative

2325

Hearings.

2326

(b) An administrative support order rendered under this

2327

section has the same force and effect as a court order and may be

2328

enforced by any circuit court in the same manner as a support

2329

order issued by the court, except for contempt. If the circuit

2330

court issues its own order enforcing the administrative support

2331

order, the circuit court may enforce its own order by contempt.

2332

The presumption of ability to pay and purge contempt established

2333

in s. 61.14(5)(a) applies to an administrative support order that

2334

includes a finding of present ability to pay. Enforcement by the

2335

court, without any change by the court in the support obligations

2336

established in the administrative support order, does not

2337

supersede the administrative support order or affect the

2338

department's authority to modify the administrative support order

2339

as provided by subsection (12). An order by the court that

2340

requires a the noncustodial parent to make periodic payments on

2341

arrearages does not constitute a change in the support

2342

obligations established in the administrative support order and

2343

does not supersede the administrative order.

2344

(13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO

2345

ADDRESS OF RECORD.--In all proceedings pursuant to this section:

2346

(a) Each The noncustodial parent and custodial parent must

2347

execute and furnish to the department, no later than 20 days

2348

after receipt of the notice of proceeding to establish

2349

administrative support order, a financial affidavit in the form

2350

prescribed by the department. An updated financial affidavit must

2351

be executed and furnished to the department at the inception of

2352

each proceeding to modify an administrative support order.

2353

Caretaker relatives are not required to furnish financial

2354

affidavits.

2355

(b) Each The noncustodial parent, custodial parent, and

2356

caretaker relative if applicable, shall disclose to the

2357

department, no later than 20 days after receipt of the notice of

2358

proceeding to establish administrative support order, and update

2359

as appropriate, information regarding his or her their identity

2360

and location, including names he or she is they are known by;

2361

social security number numbers; residential and mailing

2362

addresses; telephone numbers; driver's license numbers; and

2363

names, addresses, and telephone numbers of employers. Pursuant to

2364

the federal Personal Responsibility and Work Opportunity

2365

Reconciliation Act of 1996, each person must provide his or her

2366

social security number in accordance with this section.

2367

Disclosure of social security numbers obtained through this

2368

requirement shall be limited to the purpose of administration of

2369

the Title IV-D program for child support enforcement.

2370

2371

caretaker relative, if applicable, have a continuing obligation

2372

to promptly inform the department in writing of any change in his

2373

or her their mailing address addresses to ensure receipt of all

2374

subsequent pleadings, notices, payments, statements, and orders,

2375

and receipt is presumed if sent by regular mail to the most

2376

recent address furnished by the person.

2377

(17) EVALUATION.--The Office of Program Policy Analysis and

2378

Government Accountability shall conduct an evaluation of the

2379

statewide implementation of the administrative process for

2380

establishing child support provided for in this section. This

2381

evaluation shall examine whether these processes have been

2382

effectively implemented and administered statewide and are

2383

operating to the benefit of the children, including, but not

2384

limited to the ability of Title IV-D parents to easily access the

2385

court system for necessary court action. The Office of Program

2386

Policy Analysis and Government Accountability shall submit an

2387

evaluation report on the statewide implementation of the

2388

administrative processes for establishing child support by June

2389

30, 2006.

2390

Section 22. Subsections (1), (4), and (11) of section

2391

409.2564, Florida Statutes, are amended to read:

2392

409.2564 Actions for support.--

2393

(1) In each case in which regular support payments are not

2394

being made as provided herein, the department shall institute,

2395

within 30 days after determination of the obligor's reasonable

2396

ability to pay, action as is necessary to secure the obligor's

2397

payment of current support and any arrearage which may have

2398

accrued under an existing order of support. The department shall

2399

notify the program attorney in the judicial circuit in which the

2400

recipient resides setting forth the facts in the case, including

2401

the obligor's address, if known, and the public assistance case

2402

number. Whenever applicable, the procedures established under the

2403

provisions of chapter 88, Uniform Interstate Family Support Act,

2404

chapter 61, Dissolution of Marriage; Support; Time-sharing

2405

Custody, chapter 39, Proceedings Relating to Children, chapter

2406

984, Children and Families in Need of Services, and chapter 985,

2407

Delinquency; Interstate Compact on Juveniles, may govern actions

2408

instituted under the provisions of this act, except that actions

2409

for support under chapter 39, chapter 984, or chapter 985 brought

2410

pursuant to this act shall not require any additional

2411

investigation or supervision by the department.

2412

(4) Whenever the Department of Revenue has undertaken an

2413

action for enforcement of support, the Department of Revenue may

2414

enter into an agreement with the obligor for the entry of a

2415

judgment determining paternity, if applicable, and for periodic

2416

child support payments based on the child support guidelines

2417

schedule in s. 61.30. Prior to entering into this agreement, the

2418

obligor shall be informed that a judgment will be entered based

2419

on the agreement. The clerk of the court shall file the agreement

2420

without the payment of any fees or charges, and the court, upon

2421

entry of the judgment, shall forward a copy of the judgment to

2422

the parties to the action. To encourage out-of-court settlement

2423

and promote support order compliance, if the obligor and the

2424

Department of Revenue agree on entry of a support order and its

2425

terms, the guideline amount owed for retroactive support that is

2426

permanently assigned to the state shall be reduced by 25 percent.

2427

(11) The Title IV-D agency shall review child support

2428

orders in IV-D cases at least every 3 years upon request by

2429

either party, or the agency in cases where there is an assignment

2430

of support to the state under s. 414.095(7), and may seek

2431

adjustment of the order if appropriate under the guidelines

2432

schedule established in s. 61.30. Not less than once every 3

2433

years the IV-D agency shall provide notice to the parties subject

2434

to the order informing them of their right to request a review

2435

and, if appropriate, an adjustment of the child support order.

2436

Said notice requirement may be met by including appropriate

2437

language in the initial support order or any subsequent orders.

2438

Section 23. Paragraph (a) of subsection (2) of section

2439

409.25657, Florida Statutes, is amended to read:

2440

409.25657 Requirements for financial institutions.--

2441

(2) The department shall develop procedures to enter into

2442

agreements with financial institutions doing business in the

2443

state, in coordination with such financial institutions and with

2444

the Federal Parent Locator Service in the case of financial

2445

institutions doing business in two or more states, to develop and

2446

operate a data match system, using automated data exchanges to

2447

the maximum extent feasible, in which each financial institution

2448

is required to provide for each calendar quarter the name, record

2449

address, social security number or other taxpayer identification

2450

number, average daily account balance, and other identifying

2451

information for:

2452

(a) Each noncustodial parent who maintains an account at

2453

such institution and who owes past due support, as identified by

2454

the department by name and social security number or other

2455

taxpayer identification number; or

2456

Section 24. Subsections (2) and (5) of section 409.25659,

2457

Florida Statutes, are amended to read:

2458

409.25659 Insurance claim data exchange.--

2459

(2) The department shall develop and operate a data match

2460

system after consultation with one or more insurers, using

2461

automated data exchanges to the maximum extent feasible, in which

2462

an insurer may voluntarily provide the department monthly with

2463

the name, address, and, if known, date of birth and social

2464

security number or other taxpayer identification number for each

2465

noncustodial parent who has a claim with the insurer and who owes

2466

past due support, and the claim number maintained by the insurer

2467

for each claim. An insurer may provide such data by:

2468

(a) Authorizing an insurance claim data collection

2469

organization, to which the insurer subscribes and to which the

2470

insurer submits the required claim data on at least a monthly

2471

basis, to:

2472

1. Receive or access a data file from the department and

2473

conduct a data match of all noncustodial parents who have a claim

2474

with the insurer and who owe past due support and submit the

2475

required data for each such noncustodial parent to the

2476

department; or

2477

2. Submit a data file to the department which contains the

2478

required data for each claim being maintained by the insurer for

2479

the department to conduct a data match;

2480

(b) Providing the required data for each claim being

2481

maintained by the insurer directly to the department in an

2482

electronic medium; or

2483

2484

and conducting a data match of all noncustodial parents who have

2485

a claim with the insurer and who owe past due support and

2486

submitting the required data for each such noncustodial parent to

2487

the department.

2488

(5) The department and insurers may only use the data

2489

obtained pursuant to subsection (2) for the purpose of

2490

identifying noncustodial parents who owe past due support. If the

2491

department does not match such data with a noncustodial parent

2492

who owes past due support, such data shall be destroyed

2493

immediately and shall not be maintained by the department.

2494

Section 25. Section 409.2577, Florida Statutes, is amended

2495

to read:

2496

409.2577 Parent locator service.--The department shall

2497

establish a parent locator service to assist in locating parents

2498

who have deserted their children and other persons liable for

2499

support of dependent children. The department shall use all

2500

sources of information available, including the Federal Parent

2501

Locator Service, and may request and shall receive information

2502

from the records of any person or the state or any of its

2503

political subdivisions or any officer thereof. Any agency as

2504

defined in s. 120.52, any political subdivision, and any other

2505

person shall, upon request, provide the department any

2506

information relating to location, salary, insurance, social

2507

security, income tax, and employment history necessary to locate

2508

parents who owe or potentially owe a duty of support pursuant to

2509

Title IV-D of the Social Security Act. This provision shall

2510

expressly take precedence over any other statutory nondisclosure

2511

provision which limits the ability of an agency to disclose such

2512

information, except that law enforcement information as provided

2513

in s. 119.071(4)(d) is not required to be disclosed, and except

2514

that confidential taxpayer information possessed by the

2515

Department of Revenue shall be disclosed only to the extent

2516

authorized in s. 213.053(16). Nothing in this section requires

2517

the disclosure of information if such disclosure is prohibited by

2518

federal law. Information gathered or used by the parent locator

2519

service is confidential and exempt from the provisions of s.

2520

119.07(1). Additionally, the department is authorized to collect

2521

any additional information directly bearing on the identity and

2522

whereabouts of a person owing or asserted to be owing an

2523

obligation of support for a dependent child. The department

2524

shall, upon request, make information available only to public

2525

officials and agencies of this state; political subdivisions of

2526

this state, including any agency thereof providing child support

2527

enforcement services to non-Title IV-D clients; the custodial

2528

parent owed support, legal guardian, attorney, or agent of the

2529

child; and other states seeking to locate parents who have

2530

deserted their children and other persons liable for support of

2531

dependents, for the sole purpose of establishing, modifying, or

2532

enforcing their liability for support, and shall make such

2533

information available to the Department of Children and Family

2534

Services for the purpose of diligent search activities pursuant

2535

to chapter 39. If the department has reasonable evidence of

2536

domestic violence or child abuse and the disclosure of

2537

information could be harmful to the custodial parent owed support

2538

or the child of such parent, the child support program director

2539

or designee shall notify the Department of Children and Family

2540

Services and the Secretary of the United States Department of

2541

Health and Human Services of this evidence. Such evidence is

2542

sufficient grounds for the department to disapprove an

2543

application for location services.

2544

Section 26. Paragraph (e) of subsection (1) of section

2545

409.2579, Florida Statutes, is amended to read:

2546

409.2579 Safeguarding Title IV-D case file information.--

2547

(1) Information concerning applicants for or recipients of

2548

Title IV-D child support services is confidential and exempt from

2549

the provisions of s. 119.07(1). The use or disclosure of such

2550

information by the IV-D program is limited to purposes directly

2551

connected with:

2552

(e) Mandatory disclosure of identifying and location

2553

information as provided in s. 61.13(7)(8) by the IV-D program

2554

when providing Title IV-D services.

2555

Section 27. Subsection (11) of section 409.811, Florida

2556

Statutes, is amended to read:

2557

409.811 Definitions relating to Florida Kidcare Act.--As

2558

used in ss. 409.810-409.820, the term:

2559

(11) "Family" means the group or the individuals whose

2560

income is considered in determining eligibility for the Florida

2561

Kidcare program. The family includes a child with a custodial

2562

parent or caretaker relative who resides in the same house or

2563

living unit or, in the case of a child whose disability of nonage

2564

has been removed under chapter 743, the child. The family may

2565

also include other individuals whose income and resources are

2566

considered in whole or in part in determining eligibility of the

2567

child.

2568

Section 28. Subsection (5) of section 414.0252, Florida

2569

Statutes, is amended to read:

2570

414.0252 Definitions.--As used in ss. 414.025-414.55, the

2571

term:

2572

(5) "Family" means the assistance group or the individuals

2573

whose needs, resources, and income are considered when

2574

determining eligibility for temporary assistance. The family for

2575

purposes of temporary assistance includes the minor child, a

2576

custodial parent, or caretaker relative who resides in the same

2577

house or living unit. The family may also include individuals

2578

whose income and resources are considered in whole or in part in

2579

determining eligibility for temporary assistance but whose needs,

2580

due to federal or state restrictions, are not considered. These

2581

individuals include, but are not limited to, ineligible

2582

noncitizens or sanctioned individuals.

2583

Section 29. Paragraph (a) of subsection (4) and subsection

2584

(5) of section 414.065, Florida Statutes, are amended to read:

2585

414.065 Noncompliance with work requirements.--

2586

(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless

2587

otherwise provided, the situations listed in this subsection

2588

shall constitute exceptions to the penalties for noncompliance

2589

with participation requirements, except that these situations do

2590

not constitute exceptions to the applicable time limit for

2591

receipt of temporary cash assistance:

2592

(a) Noncompliance related to child care.--Temporary cash

2593

assistance may not be terminated for refusal to participate in

2594

work activities if the individual is a single custodial parent

2595

caring for a child who has not attained 6 years of age, and the

2596

adult proves to the regional workforce board an inability to

2597

obtain needed child care for one or more of the following

2598

reasons, as defined in the Child Care and Development Fund State

2599

Plan required by 45 C.F.R. part 98:

2600

1. Unavailability of appropriate child care within a

2601

reasonable distance from the individual's home or worksite.

2602

2. Unavailability or unsuitability of informal child care

2603

by a relative or under other arrangements.

2604

3. Unavailability of appropriate and affordable formal

2605

child care arrangements.

2606

(5) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--

2607

(a) The court may order a noncustodial parent who is

2608

delinquent in support payments, pursuant to the terms of a

2609

support order, to participate in work activities under this

2610

chapter, or as provided in s. 61.14(5)(b), so that the parent may

2611

obtain employment and fulfill the obligation to provide support

2612

payments. A noncustodial parent who fails to satisfactorily

2613

engage in court-ordered work activities may be held in contempt.

2614

(b) The court may order a noncustodial parent to

2615

participate in work activities under this chapter if the child of

2616

the noncustodial parent has been placed with a relative, in an

2617

emergency shelter, in foster care, or in other substitute care,

2618

and:

2619

1. The case plan requires the noncustodial parent to

2620

participate in work activities; or

2621

2. The noncustodial parent would be eligible to participate

2622

in work activities and subject to work activity requirements if

2623

the child were living with the parent.

2624

2625

If a noncustodial parent fails to comply with the case plan, the

2626

noncustodial parent may be removed from program participation.

2627

Section 30. Paragraph (c) of subsection (1) of section

2628

414.085, Florida Statutes, is amended to read:

2629

414.085 Income eligibility standards.--

2630

(1) For purposes of program simplification and effective

2631

program management, certain income definitions, as outlined in

2632

the food stamp regulations at 7 C.F.R. s. 273.9, shall be applied

2633

to the temporary cash assistance program as determined by the

2634

department to be consistent with federal law regarding temporary

2635

cash assistance and Medicaid for needy families, except as to the

2636

following:

2637

2638

parent receiving temporary cash assistance may not be disregarded

2639

in calculating the amount of temporary cash assistance for the

2640

family, unless such exclusion is required by federal law.

2641

Section 31. Subsection (2) and paragraph (a) of subsection

2642

(6) of section 414.095, Florida Statutes, are amended to read:

2643

414.095 Determining eligibility for temporary cash

2644

assistance.--

2645

(2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--

2646

(a) To be eligible for services or temporary cash

2647

assistance and Medicaid:

2648

1. An applicant must be a United States citizen, or a

2649

qualified noncitizen, as defined in this section.

2650

2. An applicant must be a legal resident of the state.

2651

3. Each member of a family must provide to the department

2652

the member's social security number or shall provide proof of

2653

application for a social security number. An individual who fails

2654

to provide a social security number, or proof of application for

2655

a social security number, is not eligible to participate in the

2656

program.

2657

4. A minor child must reside with a custodial parent or

2658

parents, with a relative caretaker who is within the specified

2659

degree of blood relationship as defined by 45 C.F.R. part 233,

2660

or, if the minor is a teen parent with a child, in a setting

2661

approved by the department as provided in subsection (14).

2662

5. Each family must have a minor child and meet the income

2663

and resource requirements of the program. All minor children who

2664

live in the family, as well as the parents of the minor children,

2665

shall be included in the eligibility determination unless

2666

specifically excluded.

2667

(b) The following members of a family are eligible to

2668

participate in the program if all eligibility requirements are

2669

met:

2670

1. A minor child who resides with a custodial parent or

2671

other adult caretaker relative.

2672

2. The parent of a minor child with whom the child resides.

2673

3. The caretaker relative with whom the minor child resides

2674

who chooses to have her or his needs and income included in the

2675

family.

2676

4. Unwed minor children and their children if the unwed

2677

minor child lives at home or in an adult-supervised setting and

2678

if temporary cash assistance is paid to an alternative payee.

2679

5. A pregnant woman.

2680

(6) CHILD SUPPORT ENFORCEMENT.--As a condition of

2681

eligibility for public assistance, the family must cooperate with

2682

the state agency responsible for administering the child support

2683

enforcement program in establishing the paternity of the child,

2684

if the child is born out of wedlock, and in obtaining support for

2685

the child or for the parent or caretaker relative and the child.

2686

Cooperation is defined as:

2687

(a) Assisting in identifying and locating a noncustodial

2688

parent who does not live in the same home as the child and

2689

providing complete and accurate information on that parent;

2690

2691

This subsection does not apply if the state agency that

2692

administers the child support enforcement program determines that

2693

the parent or caretaker relative has good cause for failing to

2694

cooperate.

2695

Section 32. Subsection (1) of section 414.295, Florida

2696

Statutes, is amended to read:

2697

414.295 Temporary cash assistance programs; public records

2698

exemption.--

2699

(1) Personal identifying information of a temporary cash

2700

assistance program participant, a participant's family, or a

2701

participant's family or household member, except for information

2702

identifying a noncustodial parent who does not live in the same

2703

home as the child, held by the department, the Agency for

2704

Workforce Innovation, Workforce Florida, Inc., the Department of

2705

Health, the Department of Revenue, the Department of Education,

2706

or a regional workforce board or local committee created pursuant

2707

to s. 445.007 is confidential and exempt from s. 119.07(1) and s.

2708

24(a), Art. I of the State Constitution. Such confidential and

2709

exempt information may be released for purposes directly

2710

connected with:

2711

(a) The administration of the temporary assistance for

2712

needy families plan under Title IV-A of the Social Security Act,

2713

as amended, by the department, the Agency for Workforce

2714

Innovation, Workforce Florida, Inc., the Department of Military

2715

Affairs, the Department of Health, the Department of Revenue, the

2716

Department of Education, a regional workforce board or local

2717

committee created pursuant to s. 445.007, or a school district.

2718

(b) The administration of the state's plan or program

2719

approved under Title IV-B, Title IV-D, or Title IV-E of the

2720

Social Security Act, as amended, or under Title I, Title X, Title

2721

XIV, Title XVI, Title XIX, Title XX, or Title XXI of the Social

2722

Security Act, as amended.

2723

2724

or administrative proceeding conducted in connection with the

2725

administration of any of the plans or programs specified in

2726

paragraph (a) or paragraph (b) by a federal, state, or local

2727

governmental entity, upon request by that entity, when such

2728

request is made pursuant to the proper exercise of that entity's

2729

duties and responsibilities.

2730

(d) The administration of any other state, federal, or

2731

federally assisted program that provides assistance or services

2732

on the basis of need, in cash or in kind, directly to a

2733

participant.

2734

(e) Any audit or similar activity, such as a review of

2735

expenditure reports or financial review, conducted in connection

2736

with the administration of any of the plans or programs specified

2737

in paragraph (a) or paragraph (b) by a governmental entity

2738

authorized by law to conduct such audit or activity.

2739

(f) The administration of the unemployment compensation

2740

program.

2741

(g) The reporting to the appropriate agency or official of

2742

information about known or suspected instances of physical or

2743

mental injury, sexual abuse or exploitation, or negligent

2744

treatment or maltreatment of a child or elderly person receiving

2745

assistance, if circumstances indicate that the health or welfare

2746

of the child or elderly person is threatened.

2747

(h) The administration of services to elderly persons under

2748

ss. 430.601-430.606.

2749

Section 33. Paragraph (c) of subsection (3) of section

2750

445.024, Florida Statutes, is amended to read:

2751

445.024 Work requirements.--

2752

(3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The

2753

following individuals are exempt from work activity requirements:

2754

2755

age, except that the parent may be required to attend parenting

2756

classes or other activities to better prepare for the

2757

responsibilities of raising a child.

2758

Section 34. Paragraphs (b), (c), and (d) of subsection (3)

2759

of section 741.0306, Florida Statutes, are amended, and

2760

subsection (5) is added to that section, to read:

2761

741.0306 Creation of a family law handbook.--

2762

(3) The information contained in the handbook or other

2763

electronic media presentation may be reviewed and updated

2764

annually, and may include, but need not be limited to:

2765

(b) Shared parental responsibility for children and; the

2766

determination of a parenting plan, including a time-sharing

2767

schedule primary residence or custody and secondary residence or

2768

routine visitation, holiday, summer, and vacation visitation

2769

arrangements, telephone access, and the process for notice for

2770

changes.

2771

2772

primary residential responsibility.

2773

(d) Child support for minor children; both parents are

2774

obligated for support in accordance with applicable child support

2775

guidelines schedule.

2776

(5) The existing family law handbook shall be reviewed and

2777

a report provided to the Legislature by October 1, 2008, or as

2778

soon thereafter as practicable, with recommendations for updating

2779

the handbook.

2780

Section 35. Subsection (3), paragraph (a) of subsection

2781

(5), and paragraph (a) of subsection (6) of section 741.30,

2782

Florida Statutes, are amended to read:

2783

741.30 Domestic violence; injunction; powers and duties of

2784

court and clerk; petition; notice and hearing; temporary

2785

injunction; issuance of injunction; statewide verification

2786

system; enforcement.--

2787

(3)(a) The sworn petition shall allege the existence of

2788

such domestic violence and shall include the specific facts and

2789

circumstances upon the basis of which relief is sought.

2790

2791

(b) The sworn petition shall be in substantially the

2792

following form:

2793

2794

PETITION FOR

2795

INJUNCTION FOR PROTECTION

2796

AGAINST DOMESTIC VIOLENCE

2797

2798

Before me, the undersigned authority, personally appeared

2799

Petitioner (Name) , who has been sworn and says that the

2800

following statements are true:

2801

(a) Petitioner resides at: (address)

2802

(Petitioner may furnish address to the court in a separate

2803

confidential filing if, for safety reasons, the petitioner

2804

requires the location of the current residence to be

2805

confidential.)

2806

(b) Respondent resides at: (last known address)

2807

2808

business and address)

2809

(d) Physical description of respondent: _____

2810

Race_____

2811

Sex_____

2812

Date of birth_____

2813

Height_____

2814

Weight_____

2815

Eye color_____

2816

Hair color_____

2817

Distinguishing marks or scars_____

2818

(e) Aliases of respondent: _____

2819

(f) Respondent is the spouse or former spouse of the

2820

petitioner or is any other person related by blood or marriage to

2821

the petitioner or is any other person who is or was residing

2822

within a single dwelling unit with the petitioner, as if a

2823

family, or is a person with whom the petitioner has a child in

2824

common, regardless of whether the petitioner and respondent are

2825

or were married or residing together, as if a family.

2826

(g) The following describes any other cause of action

2827

currently pending between the petitioner and respondent:

2828

2829

The petitioner should also describe any previous or pending

2830

attempts by the petitioner to obtain an injunction for protection

2831

against domestic violence in this or any other circuit, and the

2832

results of that attempt

2833

2834

Case numbers should be included if available.

2835

(h) Petitioner is either a victim of domestic violence or

2836

has reasonable cause to believe he or she is in imminent danger

2837

of becoming a victim of domestic violence because respondent has

2838

_____(mark all sections that apply and describe in the spaces

2839

below the incidents of violence or threats of violence,

2840

specifying when and where they occurred, including, but not

2841

limited to, locations such as a home, school, place of

2842

employment, or visitation exchange)_____:

2843

_____committed or threatened to commit domestic violence

2844

defined in s. 741.28, Florida Statutes, as any assault,

2845

aggravated assault, battery, aggravated battery, sexual assault,

2846

sexual battery, stalking, aggravated stalking, kidnapping, false

2847

imprisonment, or any criminal offense resulting in physical

2848

injury or death of one family or household member by another.

2849

With the exception of persons who are parents of a child in

2850

common, the family or household members must be currently

2851

residing or have in the past resided together in the same single

2852

dwelling unit.

2853

_____previously threatened, harassed, stalked, or physically

2854

abused the petitioner.

2855

_____attempted to harm the petitioner or family members or

2856

individuals closely associated with the petitioner.

2857

_____threatened to conceal, kidnap, or harm the petitioner's

2858

child or children.

2859

_____intentionally injured or killed a family pet.

2860

_____used, or has threatened to use, against the petitioner

2861

any weapons such as guns or knives.

2862

_____physically restrained the petitioner from leaving the

2863

home or calling law enforcement.

2864

_____a criminal history involving violence or the threat of

2865

violence (if known).

2866

_____another order of protection issued against him or her

2867

previously or from another jurisdiction (if known).

2868

_____destroyed personal property, including, but not limited

2869

to, telephones or other communication equipment, clothing, or

2870

other items belonging to the petitioner.

2871

_____engaged in any other behavior or conduct that leads the

2872

petitioner to have reasonable cause to believe he or she is in

2873

imminent danger of becoming a victim of domestic violence.

2874

(i) Petitioner alleges the following additional specific

2875

facts: (mark appropriate sections)

2876

_____A minor child or minor children reside with the

2877

petitioner is the custodian of a minor child or children whose

2878

names and ages are as follows:

2879

2880

_____Petitioner needs the exclusive use and possession of

2881

the dwelling that the parties share.

2882

_____Petitioner is unable to obtain safe alternative housing

2883

because:

2884

_____Petitioner genuinely fears that respondent imminently

2885

will abuse, remove, or hide the minor child or children from

2886

petitioner because:

2887

2888

(j) Petitioner genuinely fears imminent domestic violence

2889

by respondent.

2890

(k) Petitioner seeks an injunction: (mark appropriate

2891

section or sections)

2892

_____Immediately restraining the respondent from committing

2893

any acts of domestic violence.

2894

_____Restraining the respondent from committing any acts of

2895

domestic violence.

2896

_____Awarding to the petitioner the temporary exclusive use

2897

and possession of the dwelling that the parties share or

2898

excluding the respondent from the residence of the petitioner.

2899

_____Providing a temporary parenting plan, including a

2900

temporary time-sharing schedule Awarding temporary custody of, or

2901

temporary visitation rights with regard to, the minor child or

2902

children of the parties which might involve, or prohibiting or

2903

limiting time-sharing or requiring that it be visitation to that

2904

which is supervised by a third party.

2905

_____Establishing temporary support for the minor child or

2906

children or the petitioner.

2907

_____Directing the respondent to participate in a batterers'

2908

intervention program or other treatment pursuant to s. 39.901,

2909

Florida Statutes.

2910

_____Providing any terms the court deems necessary for the

2911

protection of a victim of domestic violence, or any minor

2912

children of the victim, including any injunctions or directives

2913

to law enforcement agencies.

2914

2915

violence shall contain, directly above the signature line, a

2916

statement in all capital letters and bold type not smaller than

2917

the surrounding text, as follows:

2918

2919

2920

I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH

2921

STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS

2922

MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY,

2923

PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.

2924

(initials)

2925

2926

(d) If the sworn petition seeks to determine a parenting

2927

plan and time-sharing schedule issues of custody or visitation

2928

with regard to the minor child or children of the parties, the

2929

sworn petition shall be accompanied by or shall incorporate the

2930

allegations required by s. 61.522 of the Uniform Child Custody

2931

Jurisdiction and Enforcement Act.

2932

(5)(a) When it appears to the court that an immediate and

2933

present danger of domestic violence exists, the court may grant a

2934

temporary injunction ex parte, pending a full hearing, and may

2935

grant such relief as the court deems proper, including an

2936

injunction:

2937

1. Restraining the respondent from committing any acts of

2938

domestic violence.

2939

2. Awarding to the petitioner the temporary exclusive use

2940

and possession of the dwelling that the parties share or

2941

excluding the respondent from the residence of the petitioner.

2942

3. On the same basis as provided in s. 61.13, providing the

2943

petitioner with 100 percent of the time-sharing that shall remain

2944

granting to the petitioner temporary custody of a minor child. An

2945

order of temporary custody remains in effect until the order

2946

expires or an order is entered by a court of competent

2947

jurisdiction in a pending or subsequent civil action or

2948

proceeding affecting the placement of, access to, parental time

2949

with, adoption of, or parental rights and responsibilities for

2950

the minor child.

2951

(6)(a) Upon notice and hearing, when it appears to the

2952

court that the petitioner is either the victim of domestic

2953

violence as defined by s. 741.28 or has reasonable cause to

2954

believe he or she is in imminent danger of becoming a victim of

2955

domestic violence, the court may grant such relief as the court

2956

deems proper, including an injunction:

2957

1. Restraining the respondent from committing any acts of

2958

domestic violence.

2959

2. Awarding to the petitioner the exclusive use and

2960

possession of the dwelling that the parties share or excluding

2961

the respondent from the residence of the petitioner.

2962

3. On the same basis as provided in chapter 61, providing

2963

the petitioner with 100 percent of the time-sharing in a

2964

temporary parenting plan that shall remain awarding temporary

2965

custody of, or temporary visitation rights with regard to, a

2966

minor child or children of the parties. An order of temporary

2967

custody or visitation remains in effect until the order expires

2968

or an order is entered by a court of competent jurisdiction in a

2969

pending or subsequent civil action or proceeding affecting the

2970

placement of, access to, parental time with, adoption of, or

2971

parental rights and responsibilities for the minor child.

2972

4. On the same basis as provided in chapter 61,

2973

establishing temporary support for a minor child or children or

2974

the petitioner. An order of temporary support remains in effect

2975

until the order expires or an order is entered by a court of

2976

competent jurisdiction in a pending or subsequent civil action or

2977

proceeding affecting child support.

2978

5. Ordering the respondent to participate in treatment,

2979

intervention, or counseling services to be paid for by the

2980

respondent. When the court orders the respondent to participate

2981

in a batterers' intervention program, the court, or any entity

2982

designated by the court, must provide the respondent with a list

2983

of all certified batterers' intervention programs and all

2984

programs which have submitted an application to the Department of

2985

Children and Family Services to become certified under s. 741.32,

2986

from which the respondent must choose a program in which to

2987

participate. If there are no certified batterers' intervention

2988

programs in the circuit, the court shall provide a list of

2989

acceptable programs from which the respondent must choose a

2990

program in which to participate.

2991

6. Referring a petitioner to a certified domestic violence

2992

center. The court must provide the petitioner with a list of

2993

certified domestic violence centers in the circuit which the

2994

petitioner may contact.

2995

7. Ordering such other relief as the court deems necessary

2996

for the protection of a victim of domestic violence, including

2997

injunctions or directives to law enforcement agencies, as

2998

provided in this section.

2999

Section 36. Subsections (1) and (2) of section 742.031,

3000

Florida Statutes, are amended to read:

3001

742.031 Hearings; court orders for support, hospital

3002

expenses, and attorney's fee.--

3003

(1) Hearings for the purpose of establishing or refuting

3004

the allegations of the complaint and answer shall be held in the

3005

chambers and may be restricted to persons, in addition to the

3006

parties involved and their counsel, as the judge in his or her

3007

discretion may direct. The court shall determine the issues of

3008

paternity of the child and the ability of the parents to support

3009

the child. Each party's social security number shall be recorded

3010

in the file containing the adjudication of paternity. If the

3011

court finds that the alleged father is the father of the child,

3012

it shall so order. If appropriate, the court shall order the

3013

father to pay the complainant, her guardian, or any other person

3014

assuming responsibility for the child moneys sufficient to pay

3015

reasonable attorney's fees, hospital or medical expenses, cost of

3016

confinement, and any other expenses incident to the birth of the

3017

child and to pay all costs of the proceeding. Bills for

3018

pregnancy, childbirth, and scientific testing are admissible as

3019

evidence without requiring third-party foundation testimony, and

3020

shall constitute prima facie evidence of amounts incurred for

3021

such services or for testing on behalf of the child. The court

3022

shall order either or both parents owing a duty of support to the

3023

child to pay support pursuant to s. 61.30. The court shall issue,

3024

upon motion by a party, a temporary order requiring the provision

3025

of child support pursuant to s. 61.30 pending an administrative

3026

or judicial determination of parentage, if there is clear and

3027

convincing evidence of paternity on the basis of genetic tests or

3028

other evidence. The court may also make a determination of an

3029

appropriate parenting plan, including a time-sharing schedule, as

3030

to the parental responsibility and residential care and custody

3031

of the minor children in accordance with chapter 61.

3032

(2) If a judgment of paternity contains only a child

3033

support award with no parenting plan or time-sharing schedule,

3034

the obligee parent shall receive all of the time-sharing and sole

3035

parental responsibility no explicit award of custody, the

3036

establishment of a support obligation or of visitation rights in

3037

one parent shall be considered a judgment granting primary

3038

residential care and custody to the other parent without

3039

prejudice to the obligor parent. If a paternity judgment contains

3040

no such provisions, custody shall be presumed to be with the

3041

mother shall be presumed to have all of the time-sharing and sole

3042

parental responsibility.

3043

Section 37. Subsection (3) of section 753.01, Florida

3044

Statutes, is amended to read:

3045

753.01 Definitions.--As used in this chapter, the term:

3046

(3) "Exchange monitoring" means supervision of movement of

3047

a child from one parent the custodial to the other noncustodial

3048

parent at the start of the visit and back to the first custodial

3049

parent at the end of the visit.

3050

Section 38. Subsection (1) of section 827.06, Florida

3051

Statutes, is amended to read:

3052

827.06 Nonsupport of dependents.--

3053

(1) The Legislature finds that most noncustodial parents

3054

want to support their children and remain connected to their

3055

families. The Legislature also finds that while many noncustodial

3056

parents lack the financial resources and other skills necessary

3057

to provide that support, some parents willfully fail to provide

3058

support to their children even when they are aware of the

3059

obligation and have the ability to do so. The Legislature further

3060

finds that existing statutory provisions for civil enforcement of

3061

support have not proven sufficiently effective or efficient in

3062

gaining adequate support for all children. Recognizing that it is

3063

the public policy of this state that children shall be maintained

3064

primarily from the resources of their parents, thereby relieving,

3065

at least in part, the burden presently borne by the general

3066

citizenry through public assistance programs, it is the intent of

3067

the Legislature that the criminal penalties provided for in this

3068

section are to be pursued in all appropriate cases where civil

3069

enforcement has not resulted in payment.

3070

Section 39. For the purpose of incorporating the amendment

3071

made by this act to section 741.30, Florida Statutes, in a

3072

reference thereto, paragraph (a) of subsection (3) of section

3073

61.1825, Florida Statutes, is reenacted to read:

3074

61.1825 State Case Registry.--

3075

(3)(a) For the purpose of this section, a family violence

3076

indicator must be placed on a record when:

3077

1. A party executes a sworn statement requesting that a

3078

family violence indicator be placed on that party's record which

3079

states that the party has reason to believe that release of

3080

information to the Federal Case Registry may result in physical

3081

or emotional harm to the party or the child; or

3082

2. A temporary or final injunction for protection against

3083

domestic violence has been granted pursuant to s. 741.30(6), an

3084

injunction for protection against domestic violence has been

3085

issued by a court of a foreign state pursuant to s. 741.315, or a

3086

temporary or final injunction for protection against repeat

3087

violence has been granted pursuant to s. 784.046; or

3088

3. The department has received information on a Title IV-D

3089

case from the Domestic Violence and Repeat Violence Injunction

3090

Statewide Verification System, established pursuant to s.

3091

784.046(8)(b), that a court has granted a party a domestic

3092

violence or repeat violence injunction.

3093

Section 40. This act shall take effect October 1, 2008.

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