ENROLLED
2008 LegislatureCS for CS for SB 2532, 2nd Engrossed
20082532er
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An act relating to child custody and support; providing a
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directive to the Division of Statutory Revision to retitle
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ch. 61, F.S.; amending s. 61.046, F.S.; defining the terms
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"parenting plan," "parenting plan recommendation," and
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"time-sharing schedule"; deleting definitions of the terms
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"custodial parent" and "noncustodial parent"; amending ss.
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changes in terminology; repealing s. 61.121, F.S.,
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relating to rotating custody; amending s. 61.122, F.S.;
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conforming provisions to changes in terminology; revising
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provisions relating to a presumption of good faith for
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psychologists making specified determinations; amending s.
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61.13, F.S.; revising provisions relating to modification
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of support; conforming provisions to changes in
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terminology; revising provisions relating to development
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of a parenting plan; amending s. 61.13001, F.S.;
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conforming provisions to changes in terminology; deleting
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obsolete definitions; amending s. 61.13002, F.S.;
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providing for orders of temporary support for children
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whose time-sharing is temporarily modified due to a
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parent's military service; conforming provisions to
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61.1827, F.S.; conforming provisions to changes in
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terminology; conforming a cross-reference; amending s.
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61.20, F.S.; conforming provisions to changes in
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terminology; revising provisions relating to social
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investigation and recommendations regarding a parenting
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plan; amending s. 61.21, F.S.; conforming provisions to
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changes in terminology; amending s. 61.30, F.S.;
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conforming provisions to changes in terminology; amending
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conforming provisions to changes in terminology; amending
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s. 409.2563, F.S.; conforming provisions to changes in
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terminology; revising provisions relating to presumption
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of a parent's income for the purpose of establishing a
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support obligation; deleting an obsolete provision
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concerning a study by the Office of Program Policy
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Analysis and Government Accountability; amending ss.
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conforming provisions to changes in terminology; amending
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s. 409.2579, F.S.; conforming a cross-reference; amending
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and 445.024, F.S.; conforming provisions to changes in
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terminology; amending s. 741.0306, F.S.; revising
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requirements for a family law handbook; conforming
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provisions to changes in terminology; requiring a review
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of the handbook and report to the Legislature; amending s.
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741.30, F.S.; conforming provisions to changes in
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terminology; amending s. 742.031, F.S.; conforming
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provisions to changes in terminology; providing for time-
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sharing and parental responsibility in paternity
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conforming provisions to changes in terminology;
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reenacting s. 61.1825(3)(a), F.S., relating to the State
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Case Registry, to incorporate the amendments made to s.
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741.30, F.S., in a reference thereto; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. The Division of Statutory Revision is directed
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to redesignate chapter 61, Florida Statutes, as "Dissolution of
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Marriage; Support; Time-sharing."
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Section 2. Section 61.046, Florida Statutes, is amended to
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read:
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61.046 Definitions.--As used in this chapter, the term:
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(1) "Business day" means any day other than a Saturday,
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Sunday, or legal holiday.
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(2) "Clerk of Court Child Support Collection System" or
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"CLERC System" means the automated system established pursuant to
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s. 61.181(2)(b)1., integrating all clerks of court and
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depositories and through which payment data and State Case
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Registry data is transmitted to the department's automated child
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support enforcement system.
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(3) "Custodial parent" or "primary residential parent"
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means the parent with whom the child maintains his or her primary
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residence.
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(3)(4) "Department" means the Department of Revenue.
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(4)(5) "Depository" means the central governmental
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depository established pursuant to s. 61.181, created by special
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act of the Legislature or other entity established before June 1,
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1985, to perform depository functions and to receive, record,
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report, disburse, monitor, and otherwise handle alimony and child
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support payments not otherwise required to be processed by the
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State Disbursement Unit.
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(5)(6) "Electronic communication" means contact, other than
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face-to-face contact, facilitated by tools such as telephones,
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electronic mail or e-mail, webcams, video-conferencing equipment
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and software or other wired or wireless technologies, or other
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means of communication to supplement face-to-face contact between
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a parent and that parent's minor child.
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(6)(7) "Federal Case Registry of Child Support Orders"
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means the automated registry of support order abstracts and other
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information established and maintained by the United States
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Department of Health and Human Services as provided by 42 U.S.C.
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s. 653(h).
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(7)(8) "Income" means any form of payment to an individual,
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regardless of source, including, but not limited to: wages,
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salary, commissions and bonuses, compensation as an independent
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contractor, worker's compensation, disability benefits, annuity
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and retirement benefits, pensions, dividends, interest,
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royalties, trusts, and any other payments, made by any person,
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private entity, federal or state government, or any unit of local
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government. United States Department of Veterans Affairs
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disability benefits and unemployment compensation, as defined in
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chapter 443, are excluded from this definition of income except
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for purposes of establishing an amount of support.
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(8)(9) "IV-D" means services provided pursuant to Title IV-
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D of the Social Security Act, 42 U.S.C. ss. 651 et seq.
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(9)(10) "Local officer" means an elected or appointed
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constitutional or charter government official including, but not
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limited to, the state attorney and clerk of the circuit court.
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(10)(11) "National medical support notice" means the notice
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required under 42 U.S.C. s. 666(a)(19).
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(12) "Noncustodial parent" means the parent with whom the
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child does not maintain his or her primary residence.
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(11)(13) "Obligee" means the person to whom payments are
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made pursuant to an order establishing, enforcing, or modifying
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an obligation for alimony, for child support, or for alimony and
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child support.
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(12)(14) "Obligor" means a person responsible for making
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payments pursuant to an order establishing, enforcing, or
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modifying an obligation for alimony, for child support, or for
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alimony and child support.
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(13) "Parenting plan" means a document created to govern
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the relationship between the parties relating to the decisions
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that must be made regarding the minor child and shall contain a
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time-sharing schedule for the parents and child. The issues
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concerning the minor child may include, but are not limited to,
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the child's education, health care, and physical, social, and
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emotional well-being. In creating the plan, all circumstances
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between the parties, including the parties' historic
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relationship, domestic violence, and other factors must be taken
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into consideration. The parenting plan shall be developed and
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agreed to by the parents and approved by a court or, if the
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parents cannot agree, established by the court.
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(a) Any parenting plan formulated under this chapter must
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address all jurisdictional issues, including, but not limited to,
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the Uniform Child Custody Jurisdiction and Enforcement Act, part
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II of this chapter, the International Child Abduction Remedies
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Act, 42 U.S.C. ss. 11601 et seq., the Parental Kidnapping
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Prevention Act, and the Convention on the Civil Aspects of
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International Child Abduction enacted at the Hague on October 25,
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1980.
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(b) For purposes of the application of the Uniform Child
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Custody Jurisdiction and Enforcement Act, part II of this
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chapter, a judgment or order incorporating a parenting plan under
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this part is a child custody determination under part II of this
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chapter.
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(c) For purposes of the International Child Abduction
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Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
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the Civil Aspects of International Child Abduction, enacted at
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the Hague on October 25, 1980, rights of custody shall be
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determined under the parenting plan under this part.
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(14) "Parenting plan recommendation" means a nonbinding
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recommendation made by a psychologist licensed under chapter 490.
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(15) "Payor" means an employer or former employer or any
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other person or agency providing or administering income to the
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obligor.
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(16) "Shared parental responsibility" means a court-ordered
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relationship in which both parents retain full parental rights
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and responsibilities with respect to their child and in which
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both parents confer with each other so that major decisions
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affecting the welfare of the child will be determined jointly.
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(17) "Sole parental responsibility" means a court-ordered
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relationship in which one parent makes decisions regarding the
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minor child.
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(18) "State Case Registry" means the automated registry
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maintained by the Title IV-D agency, containing records of each
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Title IV-D case and of each support order established or modified
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in the state on or after October 1, 1998. Such records shall
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consist of data elements as required by the United States
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Secretary of Health and Human Services.
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(19) "State Disbursement Unit" means the unit established
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and operated by the Title IV-D agency to provide one central
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address for collection and disbursement of child support payments
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made in cases enforced by the department pursuant to Title IV-D
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of the Social Security Act and in cases not being enforced by the
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department in which the support order was initially issued in
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this state on or after January 1, 1994, and in which the
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obligor's child support obligation is being paid through income
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deduction order.
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(20) "Support order" means a judgment, decree, or order,
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whether temporary or final, issued by a court of competent
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jurisdiction or administrative agency for the support and
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maintenance of a child which provides for monetary support,
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health care, arrearages, or past support. When the child support
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obligation is being enforced by the Department of Revenue, the
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term "support order" also means a judgment, decree, or order,
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whether temporary or final, issued by a court of competent
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jurisdiction for the support and maintenance of a child and the
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spouse or former spouse of the obligor with whom the child is
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living which provides for monetary support, health care,
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arrearages, or past support.
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(21) "Support," unless otherwise specified, means:
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(a) Child support and, when the child support obligation is
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being enforced by the Department of Revenue, spousal support or
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alimony for the spouse or former spouse of the obligor with whom
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the child is living.
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(b) Child support only in cases not being enforced by the
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Department of Revenue.
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(22) "Time-sharing schedule" means a timetable that must be
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included in the parenting plan that specifies the time, including
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overnights and holidays, that a minor child will spend with each
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parent. If developed and agreed to by the parents of a minor
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child, it must be approved by the court. If the parents cannot
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agree, the schedule shall be established by the court.
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Section 3. Subsection (3) of section 61.052, Florida
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Statutes, is amended to read:
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61.052 Dissolution of marriage.--
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(3) During any period of continuance, the court may make
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appropriate orders for the support and alimony of the parties;
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the parenting plan primary residence, custody, rotating custody,
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visitation, support, maintenance, and education of the minor
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child of the marriage; attorney's fees; and the preservation of
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the property of the parties.
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Section 4. Section 61.09, Florida Statutes, is amended to
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read:
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61.09 Alimony and child support unconnected with
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dissolution.--If a person having the ability to contribute to the
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maintenance of his or her spouse and support of his or her minor
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child fails to do so, the spouse who is not receiving support or
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who has custody of the child or with whom the child has primary
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residence may apply to the court for alimony and for support for
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the child without seeking dissolution of marriage, and the court
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shall enter an order as it deems just and proper.
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Section 5. Section 61.10, Florida Statutes, is amended to
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read:
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61.10 Adjudication of obligation to support spouse or minor
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child unconnected with dissolution; parenting plan child custody,
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child's primary residence, and visitation.--Except when relief is
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afforded by some other pending civil action or proceeding, a
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spouse residing in this state apart from his or her spouse and
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minor child, whether or not such separation is through his or her
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fault, may obtain an adjudication of obligation to maintain the
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spouse and minor child, if any. The court shall adjudicate his or
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her financial obligations to the spouse and child and, shall
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establish the parenting plan for child's primary residence, and
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shall determine the custody and visitation rights of the parties.
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Such an action does not preclude either party from maintaining
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any other proceeding under this chapter for other or additional
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relief at any time.
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Section 6. Section 61.121, Florida Statutes, is repealed.
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Section 7. Section 61.122, Florida Statutes, is amended to
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read:
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61.122 Parenting plan recommendation Child custody
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evaluations; presumption of psychologist's good faith;
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prerequisite to parent's filing suit; award of fees, costs,
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reimbursement.--
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(1) A psychologist who has been appointed by the court to
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develop a parenting plan recommendation conduct a child custody
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evaluation in a dissolution of marriage, a case of domestic
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violence, or a paternity matter involving the relationship of a
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child and a parent, including time-sharing of children, judicial
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proceeding is presumed to be acting in good faith if the
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psychologist's recommendation evaluation has been reached under
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conducted pursuant to standards that a reasonable psychologist
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would use to develop a parenting plan recommendation have used as
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recommended by the American Psychological Association's
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guidelines for child custody evaluation in divorce proceedings.
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(2) An administrative complaint against a court-appointed
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psychologist which relates to a parenting plan recommendation
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child custody evaluation conducted by the psychologist may not be
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filed anonymously. The individual who files such an
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administrative complaint must include in the complaint his or her
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name, address, and telephone number.
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(3) A parent who desires wishes to file a legal action
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against a court-appointed psychologist who has acted in good
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faith in developing conducting a parenting plan recommendation
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child custody evaluation must petition the judge who presided
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over the dissolution of marriage, case of domestic violence, or
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paternity matter involving the relationship of a child and a
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parent, including time-sharing of children, child custody
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proceeding to appoint another psychologist. Upon the parent's
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showing of good cause, the court shall appoint another
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psychologist. The court shall determine make a determination as
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to who is responsible for all court costs and attorney's fees
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associated with making such an appointment.
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(4) If a legal action, whether it be a civil action, a
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criminal action, or an administrative proceeding, is filed
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against a court-appointed psychologist in a dissolution of
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marriage, case of domestic violence, or paternity matter
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involving the relationship of a child and a parent, including
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time-sharing of children child custody proceeding, the claimant
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is responsible for all reasonable costs and reasonable attorney's
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fees associated with the action for both parties if the
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psychologist is held not liable. If the psychologist is held
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liable in civil court, the psychologist must pay all reasonable
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costs and reasonable attorney's fees for the claimant.
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Section 8. Section 61.13, Florida Statutes, is amended to
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read:
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61.13 Custody and Support of children; parenting and time-
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sharing visitation rights; powers power of court in making
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orders.--
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(1)(a) In a proceeding under this chapter, the court may at
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any time order either or both parents who owe a duty of support
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to a child to pay support to the other parent or, in the case of
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both parents, to the person with custody in accordance with the
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child support guidelines schedule in s. 61.30. The court
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initially entering an order requiring one or both parents to make
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child support payments has shall have continuing jurisdiction
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after the entry of the initial order to modify the amount and
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terms and conditions of the child support payments when the
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modification is found necessary by the court in the best
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interests of the child, when the child reaches majority, or when
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there is a substantial change in the circumstances of the
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parties, when s. 743.07(2) applies, or when a child is
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emancipated, marries, joins the armed services, or dies. The
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court initially entering a child support order has shall also
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have continuing jurisdiction to require the obligee to report to
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the court on terms prescribed by the court regarding the
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disposition of the child support payments.
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(b) Each order for support shall contain a provision for
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health care coverage for the minor child when the coverage is
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reasonably available. Coverage is reasonably available if either
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the obligor or obligee has access at a reasonable rate to a group
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health plan. The court may require the obligor either to provide
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health care coverage or to reimburse the obligee for the cost of
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health care coverage for the minor child when coverage is
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provided by the obligee. In either event, the court shall
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apportion the cost of coverage, and any noncovered medical,
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dental, and prescription medication expenses of the child, to
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both parties by adding the cost to the basic obligation
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determined pursuant to s. 61.30(6). The court may order that
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payment of uncovered medical, dental, and prescription medication
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expenses of the minor child be made directly to the obligee on a
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percentage basis.
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1. In a non-Title IV-D case, a copy of the court order for
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health care coverage shall be served on the obligor's union or
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employer by the obligee when the following conditions are met:
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a. The obligor fails to provide written proof to the
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obligee within 30 days after receiving effective notice of the
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court order that the health care coverage has been obtained or
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that application for coverage has been made;
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b. The obligee serves written notice of intent to enforce
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an order for health care coverage on the obligor by mail at the
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obligor's last known address; and
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c. The obligor fails within 15 days after the mailing of
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the notice to provide written proof to the obligee that the
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health care coverage existed as of the date of mailing.
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2.a. A support order enforced under Title IV-D of the
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Social Security Act which requires that the obligor provide
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health care coverage is enforceable by the department through the
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use of the national medical support notice, and an amendment to
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the support order is not required. The department shall transfer
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the national medical support notice to the obligor's union or
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employer. The department shall notify the obligor in writing that
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the notice has been sent to the obligor's union or employer, and
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the written notification must include the obligor's rights and
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duties under the national medical support notice. The obligor may
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contest the withholding required by the national medical support
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notice based on a mistake of fact. To contest the withholding,
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the obligor must file a written notice of contest with the
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department within 15 business days after the date the obligor
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receives written notification of the national medical support
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notice from the department. Filing with the department is
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complete when the notice is received by the person designated by
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the department in the written notification. The notice of contest
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must be in the form prescribed by the department. Upon the timely
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filing of a notice of contest, the department shall, within 5
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business days, schedule an informal conference with the obligor
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to discuss the obligor's factual dispute. If the informal
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conference resolves the dispute to the obligor's satisfaction or
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if the obligor fails to attend the informal conference, the
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notice of contest is deemed withdrawn. If the informal conference
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does not resolve the dispute, the obligor may request an
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administrative hearing under chapter 120 within 5 business days
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after the termination of the informal conference, in a form and
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manner prescribed by the department. However, the filing of a
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notice of contest by the obligor does not delay the withholding
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of premium payments by the union, employer, or health plan
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administrator. The union, employer, or health plan administrator
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must implement the withholding as directed by the national
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medical support notice unless notified by the department that the
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national medical support notice is terminated.
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b. In a Title IV-D case, the department shall notify an
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obligor's union or employer if the obligation to provide health
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care coverage through that union or employer is terminated.
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3. In a non-Title IV-D case, upon receipt of the order
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pursuant to subparagraph 1., or upon application of the obligor
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pursuant to the order, the union or employer shall enroll the
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minor child as a beneficiary in the group health plan regardless
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of any restrictions on the enrollment period and withhold any
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required premium from the obligor's income. If more than one plan
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is offered by the union or employer, the child shall be enrolled
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in the group health plan in which the obligor is enrolled.
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4.a. Upon receipt of the national medical support notice
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under subparagraph 2. in a Title IV-D case, the union or employer
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shall transfer the notice to the appropriate group health plan
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administrator within 20 business days after the date on the
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notice. The plan administrator must enroll the child as a
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beneficiary in the group health plan regardless of any
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restrictions on the enrollment period, and the union or employer
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must withhold any required premium from the obligor's income upon
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notification by the plan administrator that the child is
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enrolled. The child shall be enrolled in the group health plan in
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which the obligor is enrolled. If the group health plan in which
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the obligor is enrolled is not available where the child resides
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or if the obligor is not enrolled in group coverage, the child
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shall be enrolled in the lowest cost group health plan that is
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available where the child resides.
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b. If health care coverage or the obligor's employment is
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terminated in a Title IV-D case, the union or employer that is
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withholding premiums for health care coverage under a national
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medical support notice must notify the department within 20 days
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after the termination and provide the obligor's last known
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address and the name and address of the obligor's new employer,
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if known.
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5.a. The amount withheld by a union or employer in
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compliance with a support order may not exceed the amount allowed
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under s. 303(b) of the Consumer Credit Protection Act, 15 U.S.C.
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s. 1673(b), as amended. The union or employer shall withhold the
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maximum allowed by the Consumer Credit Protection Act in the
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following order:
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(I) Current support, as ordered.
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(II) Premium payments for health care coverage, as ordered.
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(III) Past due support, as ordered.
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(IV) Other medical support or coverage, as ordered.
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b. If the combined amount to be withheld for current
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support plus the premium payment for health care coverage exceed
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the amount allowed under the Consumer Credit Protection Act, and
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the health care coverage cannot be obtained unless the full
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amount of the premium is paid, the union or employer may not
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withhold the premium payment. However, the union or employer
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shall withhold the maximum allowed in the following order:
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(I) Current support, as ordered.
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(II) Past due support, as ordered.
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(III) Other medical support or coverage, as ordered.
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6. An employer, union, or plan administrator who does not
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comply with the requirements in sub-subparagraph 4.a. is subject
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to a civil penalty not to exceed $250 for the first violation and
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$500 for subsequent violations, plus attorney's fees and costs.
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The department may file a petition in circuit court to enforce
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the requirements of this subparagraph subsection.
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7. The department may adopt rules to administer the child
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support enforcement provisions of this section that affect Title
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IV-D cases.
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(c) To the extent necessary to protect an award of child
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support, the court may order the obligor to purchase or maintain
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a life insurance policy or a bond, or to otherwise secure the
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child support award with any other assets which may be suitable
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for that purpose.
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(d)1. Unless the provisions of subparagraph 3. apply, all
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child support orders entered on or after January 1, 1985, shall
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direct that the payments of child support be made as provided in
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s. 61.181 through the depository in the county where the court is
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located. All child support orders shall provide the full name and
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date of birth of each minor child who is the subject of the child
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support order.
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2. Unless the provisions of subparagraph 3. apply, all
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child support orders entered before January 1, 1985, shall be
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modified by the court to direct that payments of child support
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shall be made through the depository in the county where the
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court is located upon the subsequent appearance of either or both
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parents to modify or enforce the order, or in any related
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proceeding.
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3. If both parties request and the court finds that it is
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in the best interest of the child, support payments need not be
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directed through the depository. The order of support shall
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provide, or shall be deemed to provide, that either party may
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subsequently apply to the depository to require direction of the
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payments through the depository. The court shall provide a copy
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of the order to the depository.
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4. If the parties elect not to require that support
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payments be made through the depository, any party may
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subsequently file an affidavit with the depository alleging a
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default in payment of child support and stating that the party
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wishes to require that payments be made through the depository.
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The party shall provide copies of the affidavit to the court and
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to each other party. Fifteen days after receipt of the affidavit,
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the depository shall notify both parties that future payments
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shall be paid through the depository.
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5. In IV-D cases, the IV-D agency shall have the same
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rights as the obligee in requesting that payments be made through
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the depository.
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(2)(a) The court shall have jurisdiction to approve, grant,
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or modify a parenting plan determine custody, notwithstanding
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that the child is not physically present in this state at the
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time of filing any proceeding under this chapter, if it appears
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to the court that the child was removed from this state for the
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primary purpose of removing the child from the jurisdiction of
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the court in an attempt to avoid the court's approval, creation,
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or modification of a parenting plan a determination or
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modification of custody.
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(b) Any parenting plan approved by the court must, at
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minimum, describe in adequate detail how the parents will share
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and be responsible for the daily tasks associated with the
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upbringing of the child, the time-sharing schedule arrangements
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that specify the time that the minor child will spend with each
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parent, a designation of who will be responsible for any and all
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forms of health care, school-related matters, other activities,
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and the methods and technologies that the parents will use to
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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
497
parties in accordance with the best interests of the child and in
498
accordance with the Uniform Child Custody Jurisdiction and
499
Enforcement Act. It is the public policy of this state to assure
500
that each minor child has frequent and continuing contact with
501
both parents after the parents separate or the marriage of the
502
parties is dissolved and to encourage parents to share the rights
503
and responsibilities, and joys, of childrearing. There is no
504
presumption for or against After considering all relevant facts,
505
the father or mother of the child when creating or modifying the
506
parenting plan shall be given the same consideration as the
507
mother in determining the primary residence of a child
508
irrespective of the age or sex of the child.
509
2. The court shall order that the parental responsibility
510
for a minor child be shared by both parents unless the court
511
finds that shared parental responsibility would be detrimental to
512
the child. Evidence that a parent has been convicted of a felony
513
of the third degree or higher involving domestic violence, as
514
defined in s. 741.28 and chapter 775, or meets the criteria of s.
515
39.806(1)(d), creates a rebuttable presumption of detriment to
516
the child. If the presumption is not rebutted, shared parental
517
responsibility, including time-sharing with visitation, residence
518
of the child, and decisions made regarding the child, may not be
519
granted to the convicted parent. However, the convicted parent is
520
not relieved of any obligation to provide financial support. If
521
the court determines that shared parental responsibility would be
522
detrimental to the child, it may order sole parental
523
responsibility and make such arrangements for time-sharing as
524
specified in the parenting plan visitation as will best protect
525
the child or abused spouse from further harm. Whether or not
526
there is a conviction of any offense of domestic violence or
527
child abuse or the existence of an injunction for protection
528
against domestic violence, the court shall consider evidence of
529
domestic violence or child abuse as evidence of detriment to the
530
child.
531
a. In ordering shared parental responsibility, the court
532
may consider the expressed desires of the parents and may grant
533
to one party the ultimate responsibility over specific aspects of
534
the child's welfare or may divide those responsibilities between
535
the parties based on the best interests of the child. Areas of
536
responsibility may include primary residence, education, health
537
care medical and dental care, and any other responsibilities that
538
the court finds unique to a particular family.
539
b. The court shall order "sole parental responsibility for
540
a minor child to one parent, with or without time-sharing with
541
visitation rights, to the other parent" when it is in the best
542
interests of" the minor child.
543
3. Access to records and information pertaining to a minor
544
child, including, but not limited to, medical, dental, and school
545
records, may not be denied to either a parent because the parent
546
is not the child's primary residential parent. Full rights under
547
this subparagraph apply to either parent unless a court order
548
specifically revokes these rights, including any restrictions on
549
these rights as provided in a domestic violence injunction. A
550
parent having rights under this subparagraph has the same rights
551
upon request as to form, substance, and manner of access as are
552
available to the other parent of a child, including, without
553
limitation, the right to in-person communication with medical,
554
dental, and education providers.
555
(d)(c) The circuit court in the county in which either
556
parent and the child reside or the circuit court in which the
557
original order approving or creating the parenting plan award of
558
custody was entered has have jurisdiction to modify the parenting
559
plan an award of child custody. The court may change the venue in
560
accordance with s. 47.122.
561
(3) For purposes of establishing or modifying parental
562
responsibility and creating, developing, approving, or modifying
563
a parenting plan, including a time-sharing schedule, which
564
governs each parent's relationship with his or her minor child
565
and the relationship between each parent with regard to his or
566
her minor child, the best interest of the child shall be the
567
primary consideration. Determination of the best interests of the
568
child shall be made by evaluating all of the factors affecting
569
the welfare and interests of the minor child, including, but not
570
limited to:
571
(a) The demonstrated capacity and disposition of each
572
parent to facilitate and encourage a close and continuing parent-
573
child relationship, to honor the time-sharing schedule, and to be
574
reasonable when changes are required.
575
(b) The anticipated division of parental responsibilities
576
after the litigation, including the extent to which parental
577
responsibilities will be delegated to third parties.
578
(c) The demonstrated capacity and disposition of each
579
parent to determine, consider, and act upon the needs of the
580
child as opposed to the needs or desires of the parent. shared
581
parental responsibility and primary residence, the best interests
582
of the child shall include an evaluation of all factors affecting
583
the welfare and interests of the child, including, but not
584
limited to:
585
(a) The parent who is more likely to allow the child
586
frequent and continuing contact with the nonresidential parent.
587
(b) The love, affection, and other emotional ties existing
588
between the parents and the child.
589
(c) The capacity and disposition of the parents to provide
590
the child with food, clothing, medical care or other remedial
591
care recognized and permitted under the laws of this state in
592
lieu of medical care, and other material needs.
593
(d) The length of time the child has lived in a stable,
594
satisfactory environment and the desirability of maintaining
595
continuity.
596
(e) The geographic viability of the parenting plan, with
597
special attention paid to the needs of school-age children and
598
the amount of time to be spent traveling to effectuate the
599
parenting plan. This factor does not create a presumption for or
600
against relocation of either parent with a child The permanence,
601
as a family unit, of the existing or proposed custodial home.
602
(f) The moral fitness of the parents.
603
(g) The mental and physical health of the parents.
604
(h) The home, school, and community record of the child.
605
(i) The reasonable preference of the child, if the court
606
deems the child to be of sufficient intelligence, understanding,
607
and experience to express a preference.
608
(j) The demonstrated knowledge, capacity, and disposition
609
of each parent to be informed of the circumstances of the minor
610
child, including, but not limited to, the child's friends,
611
teachers, medical care providers, daily activities, and favorite
612
things.
613
(k) The demonstrated capacity and disposition of each
614
parent to provide a consistent routine for the child, such as
615
discipline, and daily schedules for homework, meals, and bedtime.
616
(l)(j) The demonstrated capacity of each parent to
617
communicate with and keep the other parent informed of issues and
618
activities regarding the minor child, and the willingness of each
619
parent to adopt a unified front on all major issues when dealing
620
with the child The willingness and ability of each parent to
621
facilitate and encourage a close and continuing parent-child
622
relationship between the child and the other parent.
623
(m)(k) Evidence of domestic violence, sexual violence,
624
child abuse, child abandonment, or child neglect, regardless of
625
whether a prior or pending action relating to those issues has
626
been brought that any party has knowingly provided false
627
information to the court regarding a domestic violence proceeding
628
pursuant to s. 741.30.
629
(n)(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
(o)(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
(p) The demonstrated capacity and disposition of each
641
parent to participate and be involved in the child's school and
642
extracurricular activities.
643
(q) The demonstrated capacity and disposition of each
644
parent to maintain an environment for the child which is free
645
from substance abuse.
646
(r) 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
(s) 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
(t) 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
(c) When a custodial parent refuses to honor the time-
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
(c) Beginning July 1, 1997, In any subsequent Title IV-D
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
(c) "Court" means the circuit court in an original
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
(c) The Notice of Intent to Relocate, and the Certificate
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
(c) If the court has issued a temporary order authorizing a
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
(c) The feasibility of preserving the relationship between
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
(c) Suspending, abating, or reducing the child support
1142
obligation of the nonservice member until the custody judgment or
1143
time-share order previously in effect is reinstated.
1144
(4)(3) This section does not apply to permanent change of
1145
station moves by military personnel, which shall be governed by
1146
s. 61.13001.
1147
Section 11. Paragraph (a) of subsection (1) of section
1148
61.14, Florida Statutes, is amended to read:
1149
61.14 Enforcement and modification of support, maintenance,
1150
or alimony agreements or orders.--
1151
(1)(a) When the parties enter into an agreement for
1152
payments for, or instead of, support, maintenance, or alimony,
1153
whether in connection with a proceeding for dissolution or
1154
separate maintenance or with any voluntary property settlement,
1155
or when a party is required by court order to make any payments,
1156
and the circumstances or the financial ability of either party
1157
changes or the child who is a beneficiary of an agreement or
1158
court order as described herein reaches majority after the
1159
execution of the agreement or the rendition of the order, either
1160
party may apply to the circuit court of the circuit in which the
1161
parties, or either of them, resided at the date of the execution
1162
of the agreement or reside at the date of the application, or in
1163
which the agreement was executed or in which the order was
1164
rendered, for an order decreasing or increasing the amount of
1165
support, maintenance, or alimony, and the court has jurisdiction
1166
to make orders as equity requires, with due regard to the changed
1167
circumstances or the financial ability of the parties or the
1168
child, decreasing, increasing, or confirming the amount of
1169
separate support, maintenance, or alimony provided for in the
1170
agreement or order. A finding that medical insurance is
1171
reasonably available or the child support guidelines schedule in
1172
s. 61.30 may constitute changed circumstances. Except as
1173
otherwise provided in s. 61.30(11)(c), the court may modify an
1174
order of support, maintenance, or alimony by increasing or
1175
decreasing the support, maintenance, or alimony retroactively to
1176
the date of the filing of the action or supplemental action for
1177
modification as equity requires, giving due regard to the changed
1178
circumstances or the financial ability of the parties or the
1179
child.
1180
Section 12. Paragraph (d) of subsection (3) of section
1181
61.181, Florida Statutes, is amended to read:
1182
61.181 Depository for alimony transactions, support,
1183
maintenance, and support payments; fees.--
1184
(3)
1185
(d) When time-sharing custody of a child is relinquished by
1186
a custodial parent who is entitled to receive child support
1187
moneys from the depository to the custody of a licensed or
1188
registered long-term care child agency, that agency may request
1189
from the court an order directing child support payments that
1190
which would otherwise be distributed to the custodial parent be
1191
distributed to the agency for the period of time that custody of
1192
the child is with by the agency. Thereafter, payments shall be
1193
distributed to the agency as if the agency were the custodial
1194
parent until further order of the court.
1195
Section 13. Paragraphs (b) and (d) of subsection (1) of
1196
section 61.1827, Florida Statutes, are amended to read:
1197
61.1827 Identifying information concerning applicants for
1198
and recipients of child support services.--
1199
(1) Any information that reveals the identity of applicants
1200
for or recipients of child support services, including the name,
1201
address, and telephone number of such persons, held by a non-
1202
Title IV-D county child support enforcement agency is
1203
confidential and exempt from s. 119.07(1) and s. 24(a) of Art. I
1204
of the State Constitution. The use or disclosure of such
1205
information by the non-Title IV-D county child support
1206
enforcement agency is limited to the purposes directly connected
1207
with:
1208
(b) Mandatory disclosure of identifying and location
1209
information as provided in s. 61.13(7)(8) by the non-Title IV-D
1210
county child support enforcement agency when providing non-Title
1211
IV-D services;
1212
(d) Disclosure to an authorized person, as defined in 45
1213
C.F.R. s. 303.15, for purposes of enforcing any state or federal
1214
law with respect to the unlawful taking or restraint of a child
1215
or making or enforcing a parenting plan child custody or
1216
visitation determination. As used in this paragraph, the term
1217
"authorized person" includes a noncustodial parent with whom the
1218
child does not currently reside, unless a court has entered an
1220
Section 14. Section 61.20, Florida Statutes, is amended to
1221
read:
1222
61.20 Social investigation and recommendations regarding a
1223
parenting plan when child custody is in issue.--
1224
(1) In any action where the parenting plan custody of a
1225
minor child is at in issue because the parents are unable to
1226
agree, the court may order a social investigation and study
1227
concerning all pertinent details relating to the child and each
1228
parent when such an investigation has not been done and the study
1229
therefrom provided to the court by the parties or when the court
1230
determines that the investigation and study that have been done
1231
are insufficient. The agency, staff, or person conducting the
1232
investigation and study ordered by the court pursuant to this
1233
section shall furnish the court and all parties of record in the
1234
proceeding a written study containing recommendations, including
1235
a written statement of facts found in the social investigation on
1236
which the recommendations are based. The court may consider the
1237
information contained in the study in making a decision on the
1238
parenting plan child's custody and the technical rules of
1239
evidence do not exclude the study from consideration.
1240
(2) A social investigation and study, when ordered by the
1241
court, shall be conducted by qualified staff of the court; a
1242
child-placing agency licensed pursuant to s. 409.175; a
1243
psychologist licensed pursuant to chapter 490; or a clinical
1244
social worker, marriage and family therapist, or mental health
1245
counselor licensed pursuant to chapter 491. If a certification of
1246
indigence based on an affidavit filed with the court pursuant to
1247
s. 57.081 is provided by an adult party to the proceeding and the
1248
court does not have qualified staff to perform the investigation
1249
and study, the court may request that the Department of Children
1250
and Family Services conduct the investigation and study.
1251
(3) Except as to persons who obtain certification of
1252
indigence as specified in subsection (2), for whom no costs shall
1253
be incurred, the adult parties involved in a child custody
1254
proceeding to determine a parenting plan wherein the court has
1255
ordered the performance of a social investigation and study
1256
performed shall be responsible for the payment of the costs of
1257
such investigation and study. Upon submission of the study to the
1258
court, the agency, staff, or person performing the study shall
1259
include a bill for services, which shall be taxed and ordered
1260
paid as costs in the proceeding.
1261
Section 15. Paragraph (c) of subsection (1) and subsection
1262
(6) of section 61.21, Florida Statutes, are amended to read:
1263
61.21 Parenting course authorized; fees; required
1264
attendance authorized; contempt.--
1265
(1) LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of
1266
the Legislature that:
1267
(c) It has been found to be beneficial to parents who are
1268
separating or divorcing to have available an educational program
1269
that will provide general information regarding:
1270
1. The issues and legal procedures for resolving time-
1271
sharing custody and child support disputes.
1272
2. The emotional experiences and problems of divorcing
1273
adults.
1274
3. The family problems and the emotional concerns and needs
1275
of the children.
1276
4. The availability of community services and resources.
1277
(6) All parties to a modification of a final judgment
1278
involving a parenting plan or a time-sharing schedule shared
1279
parental responsibilities, custody, or visitation may be required
1280
to complete a court-approved parenting course prior to the entry
1281
of an order modifying the final judgment.
1282
Section 16. Section 61.30, Florida Statutes, is amended to
1283
read:
1284
61.30 Child support guidelines; retroactive child
1285
support.--
1286
(1)(a) The child support guideline amount as determined by
1287
this section presumptively establishes the amount the trier of
1288
fact shall order as child support in an initial proceeding for
1289
such support or in a proceeding for modification of an existing
1290
order for such support, whether the proceeding arises under this
1291
or another chapter. The trier of fact may order payment of child
1292
support which varies, plus or minus 5 percent, from the guideline
1293
amount, after considering all relevant factors, including the
1294
needs of the child or children, age, station in life, standard of
1295
living, and the financial status and ability of each parent. The
1296
trier of fact may order payment of child support in an amount
1297
which varies more than 5 percent from such guideline amount only
1298
upon a written finding explaining why ordering payment of such
1299
guideline amount would be unjust or inappropriate.
1300
Notwithstanding the variance limitations of this section, the
1301
trier of fact shall order payment of child support which varies
1302
from the guideline amount as provided in paragraph (11)(b)
1303
whenever any of the children are required by court order or
1304
mediation agreement to spend a substantial amount of time with
1305
either parent the primary and secondary residential parents. This
1306
requirement applies to any living arrangement, whether temporary
1307
or permanent.
1308
(b) The guidelines may provide the basis for proving a
1309
substantial change in circumstances upon which a modification of
1310
an existing order may be granted. However, the difference between
1311
the existing monthly obligation and the amount provided for under
1312
the guidelines shall be at least 15 percent or $50, whichever
1313
amount is greater, before the court may find that the guidelines
1314
provide a substantial change in circumstances.
1315
(c) For each support order reviewed by the department as
1316
required by s. 409.2564(11), if the amount of the child support
1317
award under the order differs by at least 10 percent but not less
1318
than $25 from the amount that would be awarded under s. 61.30,
1319
the department shall seek to have the order modified and any
1320
modification shall be made without a requirement for proof or
1321
showing of a change in circumstances.
1322
(2) Income shall be determined on a monthly basis for each
1323
parent the obligor and for the obligee as follows:
1324
(a) Gross income shall include, but is not limited to, the
1325
following items:
1326
1. Salary or wages.
1327
2. Bonuses, commissions, allowances, overtime, tips, and
1328
other similar payments.
1329
3. Business income from sources such as self-employment,
1330
partnership, close corporations, and independent contracts.
1331
"Business income" means gross receipts minus ordinary and
1332
necessary expenses required to produce income.
1333
4. Disability benefits.
1334
5. All workers' compensation benefits and settlements.
1335
6. Unemployment compensation.
1336
7. Pension, retirement, or annuity payments.
1337
8. Social security benefits.
1338
9. Spousal support received from a previous marriage or
1339
court ordered in the marriage before the court.
1340
10. Interest and dividends.
1341
11. Rental income, which is gross receipts minus ordinary
1342
and necessary expenses required to produce the income.
1343
12. Income from royalties, trusts, or estates.
1344
13. Reimbursed expenses or in kind payments to the extent
1345
that they reduce living expenses.
1346
14. Gains derived from dealings in property, unless the
1347
gain is nonrecurring.
1348
(b) Income on a monthly basis shall be imputed to an
1349
unemployed or underemployed parent when such employment or
1350
underemployment is found by the court to be voluntary on that
1351
parent's part, absent a finding of fact by the court of physical
1352
or mental incapacity or other circumstances over which the parent
1353
has no control. In the event of such voluntary unemployment or
1354
underemployment, the employment potential and probable earnings
1355
level of the parent shall be determined based upon his or her
1356
recent work history, occupational qualifications, and prevailing
1357
earnings level in the community as provided in this paragraph;
1358
however, the court may refuse to impute income to a primary
1359
residential parent if the court finds it necessary for the parent
1360
to stay home with the child who is the subject of a child support
1361
calculation.
1362
(c) Public assistance as defined in s. 409.2554 shall be
1363
excluded from gross income.
1364
(3) Net income is obtained by subtracting allowable
1365
deductions from gross income. Allowable deductions shall include:
1366
(a) Federal, state, and local income tax deductions,
1367
adjusted for actual filing status and allowable dependents and
1368
income tax liabilities.
1369
(b) Federal insurance contributions or self-employment tax.
1370
(c) Mandatory union dues.
1371
(d) Mandatory retirement payments.
1372
(e) Health insurance payments, excluding payments for
1373
coverage of the minor child.
1374
(f) Court-ordered support for other children which is
1375
actually paid.
1376
(g) Spousal support paid pursuant to a court order from a
1377
previous marriage or the marriage before the court.
1378
(4) Net income for each parent the obligor and net income
1379
for the obligee shall be computed by subtracting allowable
1380
deductions from gross income.
1381
(5) Net income for each parent the obligor and net income
1382
for the obligee shall be added together for a combined net
1383
income.
1384
(6) The following guidelines schedule schedules shall be
1385
applied to the combined net income to determine the minimum child
1386
support need:
1387
| Combined Monthly Net Available Income | Child or Children |
1388
| One | Two | Three | Four | Five | Six |
1389
| 650.00 | 74 | 75 | 75 | 76 | 77 | 78 |
1390
| 700.00 | 119 | 120 | 121 | 123 | 124 | 125 |
1391
| 750.00 | 164 | 166 | 167 | 169 | 171 | 173 |
1392
| 800.00 | 190 | 211 | 213 | 216 | 218 | 220 |
1393
| 850.00 | 202 | 257 | 259 | 262 | 265 | 268 |
1394
| 900.00 | 213 | 302 | 305 | 309 | 312 | 315 |
1395
| 950.00 | 224 | 347 | 351 | 355 | 359 | 363 |
1396
| 1000.00 | 235 | 365 | 397 | 402 | 406 | 410 |
1397
| 1050.00 | 246 | 382 | 443 | 448 | 453 | 458 |
1398
| 1100.00 | 258 | 400 | 489 | 495 | 500 | 505 |
1399
| 1150.00 | 269 | 417 | 522 | 541 | 547 | 553 |
1400
| 1200.00 | 280 | 435 | 544 | 588 | 594 | 600 |
1401
| 1250.00 | 290 | 451 | 565 | 634 | 641 | 648 |
1402
| 1300.00 | 300 | 467 | 584 | 659 | 688 | 695 |
1403
| 1350.00 | 310 | 482 | 603 | 681 | 735 | 743 |
1404
| 1400.00 | 320 | 498 | 623 | 702 | 765 | 790 |
1405
| 1450.00 | 330 | 513 | 642 | 724 | 789 | 838 |
1406
| 1500.00 | 340 | 529 | 662 | 746 | 813 | 869 |
1407
| 1550.00 | 350 | 544 | 681 | 768 | 836 | 895 |
1408
| 1600.00 | 360 | 560 | 701 | 790 | 860 | 920 |
1409
| 1650.00 | 370 | 575 | 720 | 812 | 884 | 945 |
1410
| 1700.00 | 380 | 591 | 740 | 833 | 907 | 971 |
1411
| 1750.00 | 390 | 606 | 759 | 855 | 931 | 996 |
1412
| 1800.00 | 400 | 622 | 779 | 877 | 955 | 1022 |
1413
| 1850.00 | 410 | 638 | 798 | 900 | 979 | 1048 |
1414
| 1900.00 | 421 | 654 | 818 | 923 | 1004 | 1074 |
1415
| 1950.00 | 431 | 670 | 839 | 946 | 1029 | 1101 |
1416
| 2000.00 | 442 | 686 | 859 | 968 | 1054 | 1128 |
1417
| 2050.00 | 452 | 702 | 879 | 991 | 1079 | 1154 |
1418
| 2100.00 | 463 | 718 | 899 | 1014 | 1104 | 1181 |
1419
| 2150.00 | 473 | 734 | 919 | 1037 | 1129 | 1207 |
1420
| 2200.00 | 484 | 751 | 940 | 1060 | 1154 | 1234 |
1421
| 2250.00 | 494 | 767 | 960 | 1082 | 1179 | 1261 |
1422
| 2300.00 | 505 | 783 | 980 | 1105 | 1204 | 1287 |
1423
| 2350.00 | 515 | 799 | 1000 | 1128 | 1229 | 1314 |
1424
| 2400.00 | 526 | 815 | 1020 | 1151 | 1254 | 1340 |
1425
| 2450.00 | 536 | 831 | 1041 | 1174 | 1279 | 1367 |
1426
| 2500.00 | 547 | 847 | 1061 | 1196 | 1304 | 1394 |
1427
| 2550.00 | 557 | 864 | 1081 | 1219 | 1329 | 1420 |
1428
| 2600.00 | 568 | 880 | 1101 | 1242 | 1354 | 1447 |
1429
| 2650.00 | 578 | 896 | 1121 | 1265 | 1379 | 1473 |
1430
| 2700.00 | 588 | 912 | 1141 | 1287 | 1403 | 1500 |
1431
| 2750.00 | 597 | 927 | 1160 | 1308 | 1426 | 1524 |
1432
| 2800.00 | 607 | 941 | 1178 | 1328 | 1448 | 1549 |
1433
| 2850.00 | 616 | 956 | 1197 | 1349 | 1471 | 1573 |
1434
| 2900.00 | 626 | 971 | 1215 | 1370 | 1494 | 1598 |
1435
| 2950.00 | 635 | 986 | 1234 | 1391 | 1517 | 1622 |
1436
| 3000.00 | 644 | 1001 | 1252 | 1412 | 1540 | 1647 |
1437
| 3050.00 | 654 | 1016 | 1271 | 1433 | 1563 | 1671 |
1438
| 3100.00 | 663 | 1031 | 1289 | 1453 | 1586 | 1695 |
1439
| 3150.00 | 673 | 1045 | 1308 | 1474 | 1608 | 1720 |
1440
| 3200.00 | 682 | 1060 | 1327 | 1495 | 1631 | 1744 |
1441
| 3250.00 | 691 | 1075 | 1345 | 1516 | 1654 | 1769 |
1442
| 3300.00 | 701 | 1090 | 1364 | 1537 | 1677 | 1793 |
1443
| 3350.00 | 710 | 1105 | 1382 | 1558 | 1700 | 1818 |
1444
| 3400.00 | 720 | 1120 | 1401 | 1579 | 1723 | 1842 |
1445
| 3450.00 | 729 | 1135 | 1419 | 1599 | 1745 | 1867 |
1446
| 3500.00 | 738 | 1149 | 1438 | 1620 | 1768 | 1891 |
1447
| 3550.00 | 748 | 1164 | 1456 | 1641 | 1791 | 1915 |
1448
| 3600.00 | 757 | 1179 | 1475 | 1662 | 1814 | 1940 |
1449
| 3650.00 | 767 | 1194 | 1493 | 1683 | 1837 | 1964 |
1450
| 3700.00 | 776 | 1208 | 1503 | 1702 | 1857 | 1987 |
1451
| 3750.00 | 784 | 1221 | 1520 | 1721 | 1878 | 2009 |
1452
| 3800.00 | 793 | 1234 | 1536 | 1740 | 1899 | 2031 |
1453
| 3850.00 | 802 | 1248 | 1553 | 1759 | 1920 | 2053 |
1454
| 3900.00 | 811 | 1261 | 1570 | 1778 | 1940 | 2075 |
1455
| 3950.00 | 819 | 1275 | 1587 | 1797 | 1961 | 2097 |
1456
| 4000.00 | 828 | 1288 | 1603 | 1816 | 1982 | 2119 |
1457
| 4050.00 | 837 | 1302 | 1620 | 1835 | 2002 | 2141 |
1458
| 4100.00 | 846 | 1315 | 1637 | 1854 | 2023 | 2163 |
1459
| 4150.00 | 854 | 1329 | 1654 | 1873 | 2044 | 2185 |
1460
| 4200.00 | 863 | 1342 | 1670 | 1892 | 2064 | 2207 |
1461
| 4250.00 | 872 | 1355 | 1687 | 1911 | 2085 | 2229 |
1462
| 4300.00 | 881 | 1369 | 1704 | 1930 | 2106 | 2251 |
1463
| 4350.00 | 889 | 1382 | 1721 | 1949 | 2127 | 2273 |
1464
| 4400.00 | 898 | 1396 | 1737 | 1968 | 2147 | 2295 |
1465
| 4450.00 | 907 | 1409 | 1754 | 1987 | 2168 | 2317 |
1466
| 4500.00 | 916 | 1423 | 1771 | 2006 | 2189 | 2339 |
1467
| 4550.00 | 924 | 1436 | 1788 | 2024 | 2209 | 2361 |
1468
| 4600.00 | 933 | 1450 | 1804 | 2043 | 2230 | 2384 |
1469
| 4650.00 | 942 | 1463 | 1821 | 2062 | 2251 | 2406 |
1470
| 4700.00 | 951 | 1477 | 1838 | 2081 | 2271 | 2428 |
1471
| 4750.00 | 959 | 1490 | 1855 | 2100 | 2292 | 2450 |
1472
| 4800.00 | 968 | 1503 | 1871 | 2119 | 2313 | 2472 |
1473
| 4850.00 | 977 | 1517 | 1888 | 2138 | 2334 | 2494 |
1474
| 4900.00 | 986 | 1530 | 1905 | 2157 | 2354 | 2516 |
1475
| 4950.00 | 993 | 1542 | 1927 | 2174 | 2372 | 2535 |
1476
| 5000.00 | 1000 | 1551 | 1939 | 2188 | 2387 | 2551 |
1477
| 5050.00 | 1006 | 1561 | 1952 | 2202 | 2402 | 2567 |
1478
| 5100.00 | 1013 | 1571 | 1964 | 2215 | 2417 | 2583 |
1479
| 5150.00 | 1019 | 1580 | 1976 | 2229 | 2432 | 2599 |
1480
| 5200.00 | 1025 | 1590 | 1988 | 2243 | 2447 | 2615 |
1481
| 5250.00 | 1032 | 1599 | 2000 | 2256 | 2462 | 2631 |
1482
| 5300.00 | 1038 | 1609 | 2012 | 2270 | 2477 | 2647 |
1483
| 5350.00 | 1045 | 1619 | 2024 | 2283 | 2492 | 2663 |
1484
| 5400.00 | 1051 | 1628 | 2037 | 2297 | 2507 | 2679 |
1485
| 5450.00 | 1057 | 1638 | 2049 | 2311 | 2522 | 2695 |
1486
| 5500.00 | 1064 | 1647 | 2061 | 2324 | 2537 | 2711 |
1487
| 5550.00 | 1070 | 1657 | 2073 | 2338 | 2552 | 2727 |
1488
| 5600.00 | 1077 | 1667 | 2085 | 2352 | 2567 | 2743 |
1489
| 5650.00 | 1083 | 1676 | 2097 | 2365 | 2582 | 2759 |
1490
| 5700.00 | 1089 | 1686 | 2109 | 2379 | 2597 | 2775 |
1491
| 5750.00 | 1096 | 1695 | 2122 | 2393 | 2612 | 2791 |
1492
| 5800.00 | 1102 | 1705 | 2134 | 2406 | 2627 | 2807 |
1493
| 5850.00 | 1107 | 1713 | 2144 | 2418 | 2639 | 2820 |
1494
| 5900.00 | 1111 | 1721 | 2155 | 2429 | 2651 | 2833 |
1495
| 5950.00 | 1116 | 1729 | 2165 | 2440 | 2663 | 2847 |
1496
| 6000.00 | 1121 | 1737 | 2175 | 2451 | 2676 | 2860 |
1497
| 6050.00 | 1126 | 1746 | 2185 | 2462 | 2688 | 2874 |
1498
| 6100.00 | 1131 | 1754 | 2196 | 2473 | 2700 | 2887 |
1499
| 6150.00 | 1136 | 1762 | 2206 | 2484 | 2712 | 2900 |
1500
| 6200.00 | 1141 | 1770 | 2216 | 2495 | 2724 | 2914 |
1501
| 6250.00 | 1145 | 1778 | 2227 | 2506 | 2737 | 2927 |
1502
| 6300.00 | 1150 | 1786 | 2237 | 2517 | 2749 | 2941 |
1503
| 6350.00 | 1155 | 1795 | 2247 | 2529 | 2761 | 2954 |
1504
| 6400.00 | 1160 | 1803 | 2258 | 2540 | 2773 | 2967 |
1505
| 6450.00 | 1165 | 1811 | 2268 | 2551 | 2785 | 2981 |
1506
| 6500.00 | 1170 | 1819 | 2278 | 2562 | 2798 | 2994 |
1507
| 6550.00 | 1175 | 1827 | 2288 | 2573 | 2810 | 3008 |
1508
| 6600.00 | 1179 | 1835 | 2299 | 2584 | 2822 | 3021 |
1509
| 6650.00 | 1184 | 1843 | 2309 | 2595 | 2834 | 3034 |
1510
| 6700.00 | 1189 | 1850 | 2317 | 2604 | 2845 | 3045 |
1511
| 6750.00 | 1193 | 1856 | 2325 | 2613 | 2854 | 3055 |
1512
| 6800.00 | 1196 | 1862 | 2332 | 2621 | 2863 | 3064 |
1513
| 6850.00 | 1200 | 1868 | 2340 | 2630 | 2872 | 3074 |
1514
| 6900.00 | 1204 | 1873 | 2347 | 2639 | 2882 | 3084 |
1515
| 6950.00 | 1208 | 1879 | 2355 | 2647 | 2891 | 3094 |
1516
| 7000.00 | 1212 | 1885 | 2362 | 2656 | 2900 | 3103 |
1517
| 7050.00 | 1216 | 1891 | 2370 | 2664 | 2909 | 3113 |
1518
| 7100.00 | 1220 | 1897 | 2378 | 2673 | 2919 | 3123 |
1519
| 7150.00 | 1224 | 1903 | 2385 | 2681 | 2928 | 3133 |
1520
| 7200.00 | 1228 | 1909 | 2393 | 2690 | 2937 | 3142 |
1521
| 7250.00 | 1232 | 1915 | 2400 | 2698 | 2946 | 3152 |
1522
| 7300.00 | 1235 | 1921 | 2408 | 2707 | 2956 | 3162 |
1523
| 7350.00 | 1239 | 1927 | 2415 | 2716 | 2965 | 3172 |
1524
| 7400.00 | 1243 | 1933 | 2423 | 2724 | 2974 | 3181 |
1525
| 7450.00 | 1247 | 1939 | 2430 | 2733 | 2983 | 3191 |
1526
| 7500.00 | 1251 | 1945 | 2438 | 2741 | 2993 | 3201 |
1527
| 7550.00 | 1255 | 1951 | 2446 | 2750 | 3002 | 3211 |
1528
| 7600.00 | 1259 | 1957 | 2453 | 2758 | 3011 | 3220 |
1529
| 7650.00 | 1263 | 1963 | 2461 | 2767 | 3020 | 3230 |
1530
| 7700.00 | 1267 | 1969 | 2468 | 2775 | 3030 | 3240 |
1531
| 7750.00 | 1271 | 1975 | 2476 | 2784 | 3039 | 3250 |
1532
| 7800.00 | 1274 | 1981 | 2483 | 2792 | 3048 | 3259 |
1533
| 7850.00 | 1278 | 1987 | 2491 | 2801 | 3057 | 3269 |
1534
| 7900.00 | 1282 | 1992 | 2498 | 2810 | 3067 | 3279 |
1535
| 7950.00 | 1286 | 1998 | 2506 | 2818 | 3076 | 3289 |
1536
| 8000.00 | 1290 | 2004 | 2513 | 2827 | 3085 | 3298 |
1537
| 8050.00 | 1294 | 2010 | 2521 | 2835 | 3094 | 3308 |
1538
| 8100.00 | 1298 | 2016 | 2529 | 2844 | 3104 | 3318 |
1539
| 8150.00 | 1302 | 2022 | 2536 | 2852 | 3113 | 3328 |
1540
| 8200.00 | 1306 | 2028 | 2544 | 2861 | 3122 | 3337 |
1541
| 8250.00 | 1310 | 2034 | 2551 | 2869 | 3131 | 3347 |
1542
| 8300.00 | 1313 | 2040 | 2559 | 2878 | 3141 | 3357 |
1543
| 8350.00 | 1317 | 2046 | 2566 | 2887 | 3150 | 3367 |
1544
| 8400.00 | 1321 | 2052 | 2574 | 2895 | 3159 | 3376 |
1545
| 8450.00 | 1325 | 2058 | 2581 | 2904 | 3168 | 3386 |
1546
| 8500.00 | 1329 | 2064 | 2589 | 2912 | 3178 | 3396 |
1547
| 8550.00 | 1333 | 2070 | 2597 | 2921 | 3187 | 3406 |
1548
| 8600.00 | 1337 | 2076 | 2604 | 2929 | 3196 | 3415 |
1549
| 8650.00 | 1341 | 2082 | 2612 | 2938 | 3205 | 3425 |
1550
| 8700.00 | 1345 | 2088 | 2619 | 2946 | 3215 | 3435 |
1551
| 8750.00 | 1349 | 2094 | 2627 | 2955 | 3224 | 3445 |
1552
| 8800.00 | 1352 | 2100 | 2634 | 2963 | 3233 | 3454 |
1553
| 8850.00 | 1356 | 2106 | 2642 | 2972 | 3242 | 3464 |
1554
| 8900.00 | 1360 | 2111 | 2649 | 2981 | 3252 | 3474 |
1555
| 8950.00 | 1364 | 2117 | 2657 | 2989 | 3261 | 3484 |
1556
| 9000.00 | 1368 | 2123 | 2664 | 2998 | 3270 | 3493 |
1557
| 9050.00 | 1372 | 2129 | 2672 | 3006 | 3279 | 3503 |
1558
| 9100.00 | 1376 | 2135 | 2680 | 3015 | 3289 | 3513 |
1559
| 9150.00 | 1380 | 2141 | 2687 | 3023 | 3298 | 3523 |
1560
| 9200.00 | 1384 | 2147 | 2695 | 3032 | 3307 | 3532 |
1561
| 9250.00 | 1388 | 2153 | 2702 | 3040 | 3316 | 3542 |
1562
| 9300.00 | 1391 | 2159 | 2710 | 3049 | 3326 | 3552 |
1563
| 9350.00 | 1395 | 2165 | 2717 | 3058 | 3335 | 3562 |
1564
| 9400.00 | 1399 | 2171 | 2725 | 3066 | 3344 | 3571 |
1565
| 9450.00 | 1403 | 2177 | 2732 | 3075 | 3353 | 3581 |
1566
| 9500.00 | 1407 | 2183 | 2740 | 3083 | 3363 | 3591 |
1567
| 9550.00 | 1411 | 2189 | 2748 | 3092 | 3372 | 3601 |
1568
| 9600.00 | 1415 | 2195 | 2755 | 3100 | 3381 | 3610 |
1569
| 9650.00 | 1419 | 2201 | 2763 | 3109 | 3390 | 3620 |
1570
| 9700.00 | 1422 | 2206 | 2767 | 3115 | 3396 | 3628 |
1571
| 9750.00 | 1425 | 2210 | 2772 | 3121 | 3402 | 3634 |
1572
| 9800.00 | 1427 | 2213 | 2776 | 3126 | 3408 | 3641 |
1573
| 9850.00 | 1430 | 2217 | 2781 | 3132 | 3414 | 3647 |
1574
| 9900.00 | 1432 | 2221 | 2786 | 3137 | 3420 | 3653 |
1575
| 9950.00 | 1435 | 2225 | 2791 | 3143 | 3426 | 3659 |
1576
| 10000.00 | 1437 | 2228 | 2795 | 3148 | 3432 | 3666 |
1577
1578
For combined monthly net available income less than the amount
1579
set out on the above guidelines schedule schedules, the parent
1580
should be ordered to pay a child support amount, determined on a
1581
case-by-case basis, to establish the principle of payment and lay
1582
the basis for increased orders should the parent's income
1583
increase in the future. For combined monthly net available income
1584
greater than the amount set out in the above guidelines schedule
1585
schedules, the obligation shall be the minimum amount of support
1586
provided by the guidelines schedule plus the following
1587
percentages multiplied by the amount of income over $10,000:
1588
| Child or Children |
1589
| One | Two | Three | Four | Five | Six |
1590
| 5.0% | 7.5% | 9.5% | 11.0% | 12.0% | 12.5% |
1591
1592
(7) Child care costs incurred on behalf of the children due
1593
to employment, job search, or education calculated to result in
1594
employment or to enhance income of current employment of either
1595
parent shall be reduced by 25 percent and then shall be added to
1596
the basic obligation. After the adjusted child care costs are
1597
added to the basic obligation, any moneys prepaid by a the
1598
noncustodial parent for child care costs for the child or
1599
children of this action shall be deducted from that noncustodial
1600
parent's child support obligation for that child or those
1601
children. Child care costs shall not exceed the level required to
1602
provide quality care from a licensed source for the children.
1603
(8) Health insurance costs resulting from coverage ordered
1604
pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
1605
and prescription medication expenses of the child, shall be added
1606
to the basic obligation unless these expenses have been ordered
1607
to be separately paid on a percentage basis. After the health
1608
insurance costs are added to the basic obligation, any moneys
1609
prepaid by a the noncustodial parent for health-related costs for
1610
the child or children of this action shall be deducted from that
1611
noncustodial parent's child support obligation for that child or
1612
those children.
1613
(9) Each parent's percentage share of the child support
1614
need shall be determined by dividing each parent's net monthly
1615
income by the combined net monthly income.
1616
(10) Each parent's actual dollar share of the total minimum
1617
child support need shall be determined by multiplying the minimum
1618
child support need by each parent's percentage share of the
1619
combined monthly net income.
1620
(11)(a) The court may adjust the total minimum child
1621
support award, or either or both parents' share of the total
1622
minimum child support award, based upon the following deviation
1623
factors considerations:
1624
1. Extraordinary medical, psychological, educational, or
1625
dental expenses.
1626
2. Independent income of the child, not to include moneys
1627
received by a child from supplemental security income.
1628
3. The payment of support for a parent which regularly has
1629
been paid and for which there is a demonstrated need.
1630
4. Seasonal variations in one or both parents' incomes or
1631
expenses.
1632
5. The age of the child, taking into account the greater
1633
needs of older children.
1634
6. Special needs, such as costs that may be associated with
1635
the disability of a child, that have traditionally been met
1636
within the family budget even though the fulfilling of those
1637
needs will cause the support to exceed the presumptive amount
1638
established by the proposed guidelines.
1639
7. Total available assets of the obligee, obligor, and the
1640
child.
1641
8. The impact of the Internal Revenue Service dependency
1642
exemption and waiver of that exemption. The court may order a the
1643
primary residential parent to execute a waiver of the Internal
1644
Revenue Service dependency exemption if the paying noncustodial
1645
parent is current in support payments.
1646
9. When application of the child support guidelines
1647
schedule requires a person to pay another person more than 55
1648
percent of his or her gross income for a child support obligation
1649
for current support resulting from a single support order.
1650
10. The particular parenting plan shared parental
1651
arrangement, such as where the child spends a significant amount
1652
of time, but less than 40 percent of the overnights, with one the
1653
noncustodial parent, thereby reducing the financial expenditures
1654
incurred by the other primary residential parent; or the refusal
1655
of a the noncustodial parent to become involved in the activities
1656
of the child.
1657
11. Any other adjustment which is needed to achieve an
1658
equitable result which may include, but not be limited to, a
1659
reasonable and necessary existing expense or debt. Such expense
1660
or debt may include, but is not limited to, a reasonable and
1661
necessary expense or debt which the parties jointly incurred
1662
during the marriage.
1663
(b) Whenever a particular parenting plan shared parental
1664
arrangement provides that each child spend a substantial amount
1665
of time with each parent, the court shall adjust any award of
1666
child support, as follows:
1667
1. In accordance with subsections (9) and (10), calculate
1668
the amount of support obligation apportioned to each the
1669
noncustodial parent without including day care and health
1670
insurance costs in the calculation and multiply the amount by
1671
1.5.
1672
2. In accordance with subsections (9) and (10), calculate
1673
the amount of support obligation apportioned to the custodial
1674
parent without including day care and health insurance costs in
1675
the calculation and multiply the amount by 1.5.
1676
2.3. Calculate the percentage of overnight stays the child
1677
spends with each parent.
1678
3.4. Multiply each the noncustodial parent's support
1679
obligation as calculated in subparagraph 1. by the percentage of
1680
the other custodial parent's overnight stays with the child as
1681
calculated in subparagraph 2. 3.
1682
5. Multiply the custodial parent's support obligation as
1683
calculated in subparagraph 2. by the percentage of the
1684
noncustodial parent's overnight stays with the child as
1685
calculated in subparagraph 3.
1686
4.6. The difference between the amounts calculated in
1687
subparagraph 3. subparagraphs 4. and 5. shall be the monetary
1688
transfer necessary between the custodial and noncustodial parents
1689
for the care of the child, subject to an adjustment for day care
1690
and health insurance expenses.
1691
5.7. Pursuant to subsections (7) and (8), calculate the net
1692
amounts owed by each parent the custodial and noncustodial
1693
parents for the expenses incurred for day care and health
1694
insurance coverage for the child. Day care shall be calculated
1695
without regard to the 25-percent reduction applied by subsection
1696
(7).
1697
6.8. Adjust the support obligation owed by each the
1698
custodial or noncustodial parent pursuant to subparagraph 4. 6.
1699
by crediting or debiting the amount calculated in subparagraph 5.
1700
7. This amount represents the child support which must be
1701
exchanged between the custodial and noncustodial parents.
1702
7.9. The court may deviate from the child support amount
1703
calculated pursuant to subparagraph 6. 8. based upon the
1704
deviation factors considerations set forth in paragraph (a), as
1705
well as the obligee custodial parent's low income and ability to
1706
maintain the basic necessities of the home for the child, the
1707
likelihood that either the noncustodial parent will actually
1708
exercise the time-sharing schedule set forth in the parenting
1709
plan visitation granted by the court, and whether all of the
1710
children are exercising the same time-sharing schedule shared
1711
parental arrangement.
1712
8.10. For purposes of adjusting any award of child support
1713
under this paragraph, "substantial amount of time" means that a
1714
the noncustodial parent exercises visitation at least 40 percent
1715
of the overnights of the year.
1716
(c) A noncustodial parent's failure to regularly exercise
1717
court-ordered or agreed time-sharing schedule visitation not
1718
caused by the other custodial parent which resulted in the
1719
adjustment of the amount of child support pursuant to
1720
subparagraph (a)10. or paragraph (b) shall be deemed a
1721
substantial change of circumstances for purposes of modifying the
1722
child support award. A modification pursuant to this paragraph
1723
shall be retroactive to the date the noncustodial parent first
1724
failed to regularly exercise court-ordered or agreed time-sharing
1725
schedule visitation.
1726
(12)(a) A parent with a support obligation may have other
1727
children living with him or her who were born or adopted after
1728
the support obligation arose. If such subsequent children exist,
1729
the court, when considering an upward modification of an existing
1730
award, may disregard the income from secondary employment
1731
obtained in addition to the parent's primary employment if the
1732
court determines that the employment was obtained primarily to
1733
support the subsequent children.
1734
(b) Except as provided in paragraph (a), the existence of
1735
such subsequent children should not as a general rule be
1736
considered by the court as a basis for disregarding the amount
1737
provided in the guidelines schedule. The parent with a support
1738
obligation for subsequent children may raise the existence of
1739
such subsequent children as a justification for deviation from
1740
the guidelines schedule. However, if the existence of such
1741
subsequent children is raised, the income of the other parent of
1742
the subsequent children shall be considered by the court in
1743
determining whether or not there is a basis for deviation from
1744
the guideline amount.
1745
(c) The issue of subsequent children under paragraph (a) or
1746
paragraph (b) may only be raised in a proceeding for an upward
1747
modification of an existing award and may not be applied to
1748
justify a decrease in an existing award.
1749
(13) If the recurring income is not sufficient to meet the
1750
needs of the child, the court may order child support to be paid
1751
from nonrecurring income or assets.
1752
(14) Every petition for child support or for modification
1753
of child support shall be accompanied by an affidavit which shows
1754
the party's income, allowable deductions, and net income computed
1755
in accordance with this section. The affidavit shall be served at
1756
the same time that the petition is served. The respondent,
1757
whether or not a stipulation is entered, shall make an affidavit
1758
which shows the party's income, allowable deductions, and net
1759
income computed in accordance with this section. The respondent
1760
shall include his or her affidavit with the answer to the
1761
petition or as soon thereafter as is practicable, but in any case
1762
at least 72 hours prior to any hearing on the finances of either
1763
party.
1764
(15) For purposes of establishing an obligation for support
1765
in accordance with this section, if a person who is receiving
1766
public assistance is found to be noncooperative as defined in s.
1767
409.2572, the IV-D agency is authorized to submit to the court an
1768
affidavit attesting to the income of that the custodial parent
1769
based upon information available to the IV-D agency.
1770
(16) The Legislature shall review the guidelines schedule
1771
established in this section at least every 4 years beginning in
1772
1997.
1773
(17) In an initial determination of child support, whether
1774
in a paternity action, dissolution of marriage action, or
1775
petition for support during the marriage, the court has
1776
discretion to award child support retroactive to the date when
1777
the parents did not reside together in the same household with
1778
the child, not to exceed a period of 24 months preceding the
1779
filing of the petition, regardless of whether that date precedes
1780
the filing of the petition. In determining the retroactive award
1781
in such cases, the court shall consider the following:
1782
(a) The court shall apply the guidelines schedule in effect
1783
at the time of the hearing subject to the obligor's demonstration
1784
of his or her actual income, as defined by subsection (2), during
1785
the retroactive period. Failure of the obligor to so demonstrate
1786
shall result in the court using the obligor's income at the time
1787
of the hearing in computing child support for the retroactive
1788
period.
1789
(b) All actual payments made by a the noncustodial parent
1790
to the other custodial parent or the child or third parties for
1791
the benefit of the child throughout the proposed retroactive
1792
period.
1793
(c) The court should consider an installment payment plan
1794
for the payment of retroactive child support.
1795
Section 17. Section 61.401, Florida Statutes, is amended to
1796
read:
1797
61.401 Appointment of guardian ad litem.-- In an action for
1798
dissolution of marriage or for the creation, approval, or,
1799
modification of a parenting plan, parental responsibility,
1800
custody, or visitation, if the court finds it is in the best
1801
interest of the child, the court may appoint a guardian ad litem
1802
to act as next friend of the child, investigator or evaluator,
1803
not as attorney or advocate. The court in its discretion may also
1804
appoint legal counsel for a child to act as attorney or advocate;
1805
however, the guardian and the legal counsel shall not be the same
1806
person. In such actions which involve an allegation of child
1807
abuse, abandonment, or neglect as defined in s. 39.01, which
1808
allegation is verified and determined by the court to be well-
1809
founded, the court shall appoint a guardian ad litem for the
1810
child. The guardian ad litem shall be a party to any judicial
1811
proceeding from the date of the appointment until the date of
1812
discharge.
1813
Section 18. Section 61.45, Florida Statutes, is amended to
1814
read:
1815
61.45 Court-ordered parenting plan Court order of
1816
visitation or custody; risk of violation; bond.--
1817
(1) In any a proceeding in which the court enters a
1818
parenting plan, including a time-sharing schedule an order of
1819
child custody or visitation, including in a modification
1820
proceeding, upon the presentation of competent substantial
1821
evidence that there is a risk that one party may violate the
1822
court's parenting plan order of visitation or custody by removing
1823
a child from this state or country or by concealing the
1824
whereabouts of a child, or upon stipulation of the parties, the
1825
court may:
1826
(a) Order that a parent may not remove the child from this
1827
state without the notarized written permission of both parents or
1828
further court order;
1829
(b) Order that a parent may not remove the child from this
1830
country without the notarized written permission of both parents
1831
or further court order;
1832
(c) Order that a parent may not take the child to a country
1833
that has not ratified or acceded to the Hague Convention on the
1834
Civil Aspects of International Child Abduction unless the other
1835
parent agrees in writing that the child may be taken to the
1836
country;
1837
(d) Require a parent to surrender the passport of the
1838
child; or
1839
(e) Require that party to post bond or other security.
1840
(2) If the court enters a parenting plan, including a time-
1841
sharing schedule an order of child custody or visitation,
1842
including in a modification proceeding, that includes a provision
1843
entered under paragraph (1)(b) or paragraph (1)(c), a certified
1844
copy of the order should be sent by the parent who requested the
1845
restriction to the Passport Services Office of the United States
1846
Department of State requesting that they not issue a passport to
1847
the child without their signature or further court order.
1848
(3) In assessing the need for a bond or other security, the
1849
court may consider any reasonable factor bearing upon the risk
1850
that a party may violate a parenting plan visitation or custody
1851
order by removing a child from this state or country or by
1852
concealing the whereabouts of a child, including but not limited
1853
to whether:
1854
(a) A court has previously found that a party previously
1855
removed a child from Florida or another state in violation of a
1856
parenting plan custody or visitation order, or whether a court
1857
had found that a party has threatened to take a child out of
1858
Florida or another state in violation of a parenting plan custody
1859
or visitation order;
1860
(b) The party has strong family and community ties to
1861
Florida or to other states or countries, including whether the
1862
party or child is a citizen of another country;
1863
(c) The party has strong financial reasons to remain in
1864
Florida or to relocate to another state or country;
1865
(d) The party has engaged in activities that suggest plans
1866
to leave Florida, such as quitting employment; sale of a
1867
residence or termination of a lease on a residence, without
1868
efforts to acquire an alternative residence in the state; closing
1869
bank accounts or otherwise liquidating assets; or applying for a
1870
passport;
1871
(e) Either party has had a history of domestic violence as
1872
either a victim or perpetrator, child abuse or child neglect
1873
evidenced by criminal history, including but not limited to,
1874
arrest, an injunction for protection against domestic violence
1875
issued after notice and hearing under s. 741.30, medical records,
1876
affidavits, or any other relevant information; or
1877
(f) The party has a criminal record.
1878
(4) The court must consider the party's financial resources
1879
prior to setting the bond amount under this section. Under no
1880
circumstances may the court set a bond that is unreasonable.
1881
(5) Any deficiency of bond or security shall not absolve
1882
the violating party of responsibility to pay the full amount of
1883
damages determined by the court.
1884
(6)(a) Upon a material violation of any parenting plan
1885
custody or visitation order by removing a child from this state
1886
or this country or by concealing the whereabouts of a child, the
1887
court may order the bond or other security forfeited in whole or
1888
in part.
1889
(b) This section, including the requirement to post a bond
1890
or other security, does not apply to a parent who, in a
1891
proceeding to order or modify a parenting plan or time-sharing
1892
schedule, is determined by the court to be child custody or
1893
visitation, the court determines is a victim of an act of
1894
domestic violence or provides the court with has reasonable cause
1895
to believe that he or she is about to become the victim of an act
1896
of domestic violence, as defined in s. 741.28. An injunction for
1897
protection against domestic violence issued pursuant to s. 741.30
1898
for a parent as the petitioner which is in effect at the time of
1899
the court proceeding shall be one means of demonstrating
1900
sufficient evidence that the parent is a victim of domestic
1901
violence or is about to become the victim of an act of domestic
1902
violence, as defined in s. 741.28, and shall exempt the parent
1903
from this section, including the requirement to post a bond or
1904
other security. A parent who is determined by the court to be
1905
exempt from the requirements of this section must meet the
1906
requirements of s. 787.03(6) if an offense of interference with
1907
the parenting plan or time-sharing schedule custody is committed.
1908
(7)(a) Upon an order of forfeiture, the proceeds of any
1909
bond or other security posted pursuant to this subsection may
1910
only be used to:
1911
1. Reimburse the nonviolating party for actual costs or
1912
damages incurred in upholding the court's parenting plan order of
1913
custody or visitation.
1914
2. Locate and return the child to the residence as set
1915
forth in the parenting plan visitation or custody order.
1916
3. Reimburse reasonable fees and costs as determined by the
1917
court.
1918
(b) Any remaining proceeds shall be held as further
1919
security if deemed necessary by the court, and if further
1920
security is not found to be necessary; applied to any child
1921
support arrears owed by the parent against whom the bond was
1922
required, and if no arrears exists; all remaining proceeds will
1923
be allocated by the court in the best interest of the child.
1924
(8) At any time after the forfeiture of the bond or other
1925
security, the party who posted the bond or other security, or the
1926
court on its own motion may request that the party provide
1927
documentation substantiating that the proceeds received as a
1928
result of the forfeiture have been used solely in accordance with
1929
this subsection. Any party using such proceeds for purposes not
1930
in accordance with this section may be found in contempt of
1931
court.
1932
Section 19. Subsection (14) of section 409.2554, Florida
1933
Statutes, is amended to read:
1936
(14) "Unidentifiable collection" means a payment received
1937
by the department for which a the noncustodial parent, custodial
1938
parent, depository or circuit civil numbers, or source of the
1939
payment cannot be identified.
1940
Section 20. Paragraphs (b) and (c) of subsection (2) and
1941
subsection (4) of section 409.2558, Florida Statutes, are amended
1942
to read:
1943
409.2558 Support distribution and disbursement.--
1944
(2) UNDISTRIBUTABLE COLLECTIONS.--
1945
(b) Collections that are determined to be undistributable
1946
shall be processed in the following order of priority:
1947
1. Apply the payment to any assigned arrears on the
1948
obligee's custodial parent's case; then
1949
2. Apply the payment to any administrative costs ordered by
1950
the court pursuant to s. 409.2567 associated with the obligee's
1951
custodial parent's case; then
1952
3. When the obligor noncustodial parent is subject to a
1953
valid order to support another child in a case with a different
1954
obligee custodial parent and the obligation is being enforced by
1955
the department, the department shall send by certified mail,
1956
restricted delivery, return receipt requested, to the obligor
1957
noncustodial parent at the most recent address provided by the
1958
obligor noncustodial parent to the tribunal that issued the
1959
order, a notice stating the department's intention to apply the
1960
payment pursuant to this subparagraph, and advising the obligor
1961
noncustodial parent of the right to contest the department's
1962
proposed action in the circuit court by filing and serving a
1963
petition on the department within 30 days after the mailing of
1964
the notice. If the obligor noncustodial parent does not file and
1965
serve a petition within the 30 days after mailing of the notice,
1966
or upon a disposition of the judicial action favorable to the
1967
department, the department shall apply the payment toward his or
1968
her other support obligation. If there is more than one such
1969
other case, the department shall allocate the remaining
1970
undistributable amount as specified by s. 61.1301(4)(c); then
1971
4. Return the payment to the obligor noncustodial parent;
1972
then
1973
5. If the obligor noncustodial parent cannot be located
1974
after diligent efforts by the department, the federal share of
1975
the payment shall be credited to the Federal Government and the
1976
state share shall be transferred to the General Revenue Fund.
1977
(c) Refunds to obligors noncustodial parents that are
1978
determined to be undistributable shall be processed in the
1979
following manner:
1980
1. The federal share of the refund shall be sent to the
1981
Federal Government.
1982
2. The state share shall be credited to the General Revenue
1983
Fund.
1984
(4) RECLAIMING COLLECTIONS DECLARED TO BE UNDISTRIBUTABLE
1985
OR UNIDENTIFIABLE.--At such time as an undistributable or
1986
unidentifiable collection that has been transferred to the
1987
Federal Government and to the General Revenue Fund in the
1988
relevant method above becomes distributable or identified,
1989
meaning either the obligor noncustodial parent or the obligee
1990
custodial parent is identified or located, the department shall
1991
retrieve the transferred moneys in the following manner:
1992
(a) Offset the next credit to the Federal Government in an
1993
amount equal to the share of the collection which had been
1994
transferred; and
1995
(b) Offset the next transfer to the General Revenue Fund in
1996
an amount equal to the state share of the collection which had
1997
been transferred to the General Revenue Fund.
1998
1999
The collection shall then be processed, as appropriate.
2000
Section 21. Paragraph (a) of subsection (1), paragraphs
2001
(b), (c), (d), and (f) of subsection (2), subsection (4),
2002
paragraphs (a) and (c) of subsection (5), subsection (6),
2003
paragraphs (b), (c), (d), and (e) of subsection (7), paragraphs
2004
(a) and (b) of subsection (10), and subsections (13) and (17) of
2005
section 409.2563, Florida Statutes, are amended to read:
2006
409.2563 Administrative establishment of child support
2007
obligations.--
2008
(1) DEFINITIONS.--As used in this section, the term:
2009
(a) "Administrative support order" means a final order
2010
rendered by or on behalf of the department pursuant to this
2011
section establishing or modifying the obligation of a
2012
noncustodial parent to contribute to the support and maintenance
2013
of his or her child or children, which may include provisions for
2014
monetary support, retroactive support, health care, and other
2015
elements of support pursuant to chapter 61.
2016
(2) PURPOSE AND SCOPE.--
2017
(b) The administrative procedure set forth in this section
2018
concerns only the establishment of child support obligations.
2019
This section does not grant jurisdiction to the department or the
2020
Division of Administrative Hearings to hear or determine issues
2021
of dissolution of marriage, separation, alimony or spousal
2022
support, termination of parental rights, dependency, disputed
2023
paternity, except for a determination of paternity as provided in
2024
s. 409.256, award of or change of time-sharing custody, or
2025
visitation. This paragraph notwithstanding, the department and
2026
the Division of Administrative Hearings may make findings of fact
2027
that are necessary for a proper determination of a noncustodial
2028
parent's support obligation as authorized by this section.
2029
(c) If there is no support order for a child in a Title IV-
2030
D case whose paternity has been established or is presumed by
2031
law, or whose paternity is the subject of a proceeding under s.
2032
409.256, the department may establish a the noncustodial parent's
2033
child support obligation pursuant to this section, s. 61.30, and
2034
other relevant provisions of state law. The noncustodial parent's
2035
obligation determined by the department may include any
2036
obligation to pay retroactive support and any obligation to
2037
provide for health care for a child, whether through insurance
2038
coverage, reimbursement of expenses, or both. The department may
2039
proceed on behalf of:
2040
1. An applicant or recipient of public assistance, as
2042
2. A former recipient of public assistance, as provided by
2043
s. 409.2569;
2044
3. An individual who has applied for services as provided
2045
by s. 409.2567;
2046
4. Itself or the child, as provided by s. 409.2561; or
2047
5. A state or local government of another state, as
2048
provided by chapter 88.
2049
(d) Either parent, or a caretaker relative if applicable,
2050
may at any time file a civil action in a circuit court having
2051
jurisdiction and proper venue to determine parental support
2052
obligations the noncustodial parent's child support obligations,
2053
if any. A support order issued by a circuit court prospectively
2054
supersedes an administrative support order rendered by the
2055
department.
2056
(f) The department shall terminate the administrative
2057
proceeding and file an action in circuit court to determine
2058
support if within 20 days after receipt of the initial notice the
2059
noncustodial parent from whom support is being sought requests in
2060
writing that the department proceed in circuit court or states in
2061
writing his or her the noncustodial parent's intention to address
2062
issues concerning time-sharing custody or rights to parental
2063
contact in court and if within 10 days after receipt of the
2064
department's petition and waiver of service the noncustodial
2065
parent from whom support is being sought signs and returns the
2066
waiver of service form to the department.
2067
(4) NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
2068
SUPPORT ORDER.--To commence a proceeding under this section, the
2069
department shall provide to the custodial parent from whom
2070
support is not being sought and serve the noncustodial parent
2071
from whom support is being sought with a notice of proceeding to
2072
establish administrative support order and a blank financial
2073
affidavit form. The notice must state:
2074
(a) The names of both parents, the name of the caretaker
2075
relative, if any, and the name and date of birth of the child or
2076
children;
2077
(b) That the department intends to establish an
2078
administrative support order as defined in this section;
2079
(c) That both parents must submit a completed financial
2080
affidavit to the department within 20 days after receiving the
2081
notice, as provided by paragraph (13)(a);
2082
(d) That both parents, or parent and caretaker relative if
2083
applicable, are required to furnish to the department information
2084
regarding their identities and locations, as provided by
2085
paragraph (13)(b);
2086
(e) That both parents, or parent and caretaker relative if
2087
applicable, are required to promptly notify the department of any
2088
change in their mailing addresses to ensure receipt of all
2089
subsequent pleadings, notices, and orders, as provided by
2090
paragraph (13)(c);
2091
(f) That the department will calculate support obligations
2092
based on the child support guidelines schedule in s. 61.30 and
2093
using all available information, as provided by paragraph (5)(a),
2094
and will incorporate such obligations into a proposed
2095
administrative support order;
2096
(g) That the department will send by regular mail to both
2097
parents, or parent and caretaker relative if applicable, a copy
2098
of the proposed administrative support order, the department's
2099
child support worksheet, and any financial affidavits submitted
2100
by a parent or prepared by the department;
2101
(h) That the noncustodial parent from whom support is being
2102
sought may file a request for a hearing in writing within 20 days
2103
after the date of mailing or other service of the proposed
2104
administrative support order or will be deemed to have waived the
2105
right to request a hearing;
2106
(i) That if the noncustodial parent from whom support is
2107
being sought does not file a timely request for hearing after
2108
service of the proposed administrative support order, the
2109
department will issue an administrative support order that
2110
incorporates the findings of the proposed administrative support
2111
order, and will send by regular mail a copy of the administrative
2112
support order to both parents, or parent and caretaker relative
2113
if applicable;
2114
(j) That after an administrative support order is rendered,
2115
the department will file a copy of the order with the clerk of
2116
the circuit court;
2117
(k) That after an administrative support order is rendered,
2118
the department may enforce the administrative support order by
2119
any lawful means;
2120
(l) That either parent, or caretaker relative if
2121
applicable, may file at any time a civil action in a circuit
2122
court having jurisdiction and proper venue to determine parental
2123
support obligations the noncustodial parent's child support
2124
obligations, if any, and that a support order issued by a circuit
2125
court supersedes an administrative support order rendered by the
2126
department;
2127
(m) That, neither the department nor the Division of
2128
Administrative Hearings has jurisdiction to award or change child
2129
custody or rights of parental contact or time-sharing and these
2130
issues may only be addressed in circuit court.
2131
1. The parent from whom support is being sought
2132
noncustodial parent may request in writing that the department
2133
proceed in circuit court to determine his or her support
2134
obligations.
2135
2. The parent from whom support is being sought
2136
noncustodial parent may state in writing to the department his or
2137
her intention to address issues concerning custody or rights to
2138
parental contact in circuit court.
2139
3. If the parent from whom support is being sought
2140
noncustodial parent submits the request authorized in
2141
subparagraph 1., or the statement authorized in subparagraph 2.
2142
to the department within 20 days after the receipt of the initial
2143
notice, the department shall file a petition in circuit court for
2144
the determination of the noncustodial parent's child support
2145
obligations, and shall send to the parent from whom support is
2146
being sought noncustodial parent a copy of its petition, a notice
2147
of commencement of action, and a request for waiver of service of
2148
process as provided in the Florida Rules of Civil Procedure.
2149
4. If, within 10 days after receipt of the department's
2150
petition and waiver of service, the parent from whom support is
2151
being sought noncustodial parent signs and returns the waiver of
2152
service form to the department, the department shall terminate
2153
the administrative proceeding without prejudice and proceed in
2154
circuit court.
2155
5. In any circuit court action filed by the department
2156
pursuant to this paragraph or filed by a parent from whom support
2157
is being sought noncustodial parent or other person pursuant to
2158
paragraph (l) or paragraph (n), the department shall be a party
2159
only with respect to those issues of support allowed and
2160
reimbursable under Title IV-D of the Social Security Act. It is
2161
the responsibility of the parent from whom support is being
2162
sought noncustodial parent or other person to take the necessary
2163
steps to present other issues for the court to consider.
2164
(n) That if the parent from whom support is being sought
2165
noncustodial parent files an action in circuit court and serves
2166
the department with a copy of the petition within 20 days after
2167
being served notice under this subsection, the administrative
2168
process ends without prejudice and the action must proceed in
2169
circuit court;
2170
(o) Information provided by the Office of State Courts
2171
Administrator concerning the availability and location of self-
2172
help programs for those who wish to file an action in circuit
2173
court but who cannot afford an attorney.
2174
2175
The department may serve the notice of proceeding to establish
2176
administrative support order by certified mail, restricted
2177
delivery, return receipt requested. Alternatively, the department
2178
may serve the notice by any means permitted for service of
2179
process in a civil action. For purposes of this section, an
2180
authorized employee of the department may serve the notice and
2181
execute an affidavit of service. Service by certified mail is
2182
completed when the certified mail is received or refused by the
2183
addressee or by an authorized agent as designated by the
2184
addressee in writing. If a person other than the addressee signs
2185
the return receipt, the department shall attempt to reach the
2186
addressee by telephone to confirm whether the notice was
2187
received, and the department shall document any telephonic
2188
communications. If someone other than the addressee signs the
2189
return receipt, the addressee does not respond to the notice, and
2190
the department is unable to confirm that the addressee has
2191
received the notice, service is not completed and the department
2192
shall attempt to have the addressee served personally. The
2193
department shall provide the custodial parent from whom support
2194
is not being sought or caretaker relative with a copy of the
2195
notice by regular mail to the last known address of the custodial
2196
parent from whom support is not being sought or caretaker.
2197
(5) PROPOSED ADMINISTRATIVE SUPPORT ORDER.--
2198
(a) After serving notice upon a the noncustodial parent in
2199
accordance with subsection (4), the department shall calculate
2200
that the noncustodial parent's child support obligation under the
2201
child support guidelines schedule as provided by s. 61.30, based
2202
on any timely financial affidavits received and other information
2203
available to the department. If either parent fails to comply
2204
with the requirement to furnish a financial affidavit, the
2205
department may proceed on the basis of information available from
2206
any source, if such information is sufficiently reliable and
2207
detailed to allow calculation of guideline schedule amounts under
2208
s. 61.30. If a the custodial parent receives public assistance
2209
and fails to submit a financial affidavit, the department may
2210
submit a financial affidavit for that the custodial parent
2211
pursuant to s. 61.30(15). If there is a lack of sufficient
2212
reliable information concerning a parent's actual earnings for a
2213
current or past period, it shall be presumed for the purpose of
2214
establishing a support obligation that the parent had an earning
2215
capacity equal to the federal minimum wage during the applicable
2216
period.
2217
(c) The department shall provide a notice of rights with
2218
the proposed administrative support order, which notice must
2219
inform the noncustodial parent from whom support is being sought
2220
that:
2221
1. The noncustodial parent from whom support is being
2222
sought may, within 20 days after the date of mailing or other
2223
service of the proposed administrative support order, request a
2224
hearing by filing a written request for hearing in a form and
2225
manner specified by the department;
2226
2. If the noncustodial parent from whom support is being
2227
sought files a timely request for a hearing, the case shall be
2228
transferred to the Division of Administrative Hearings, which
2229
shall conduct further proceedings and may enter an administrative
2230
support order;
2231
3. A noncustodial parent from whom support is being sought
2232
who fails to file a timely request for a hearing shall be deemed
2233
to have waived the right to a hearing, and the department may
2234
render an administrative support order pursuant to paragraph
2235
(7)(b);
2236
4. The noncustodial parent from whom support is being
2237
sought may consent in writing to entry of an administrative
2238
support order without a hearing;
2239
5. The noncustodial parent from whom support is being
2240
sought may, within 10 days after the date of mailing or other
2241
service of the proposed administrative support order, contact a
2242
department representative, at the address or telephone number
2243
specified in the notice, to informally discuss the proposed
2244
administrative support order and, if informal discussions are
2245
requested timely, the time for requesting a hearing will be
2246
extended until 10 days after the department notifies the
2247
noncustodial parent that the informal discussions have been
2248
concluded; and
2249
6. If an administrative support order that establishes a
2250
noncustodial parent's support obligation is rendered, whether
2251
after a hearing or without a hearing, the department may enforce
2252
the administrative support order by any lawful means.
2253
(6) HEARING.--If the noncustodial parent from whom support
2254
is being sought files a timely request for hearing, the
2255
department shall refer the hearing request to the Division of
2256
Administrative Hearings. Unless otherwise provided by this
2257
section, chapter 120 and the Uniform Rules of Procedure shall
2258
govern the conduct of the proceedings. The administrative law
2259
judge shall consider all available and admissible information and
2260
any presumptions that apply as provided by paragraph (5)(a).
2261
(7) ADMINISTRATIVE SUPPORT ORDER.--
2262
(b) If the noncustodial parent from whom support is being
2263
sought does not file a timely request for a hearing, the
2264
noncustodial parent will be deemed to have waived the right to
2265
request a hearing.
2266
(c) If the noncustodial parent from whom support is being
2267
sought waives the right to a hearing, or consents in writing to
2268
the entry of an order without a hearing, the department may
2269
render an administrative support order.
2270
(d) The department shall send by regular mail a copy of the
2271
administrative support order, or the final order denying an
2272
administrative support order, to both parents, or a parent and
2273
caretaker relative if applicable. The noncustodial parent from
2274
whom support is being sought shall be notified of the right to
2275
seek judicial review of the administrative support order in
2276
accordance with s. 120.68.
2277
(e) An administrative support order must comply with s.
2278
61.30. The department shall develop a standard form or forms for
2279
administrative support orders. An administrative support order
2280
must provide and state findings, if applicable, concerning:
2281
1. The full name and date of birth of the child or
2282
children;
2283
2. The name of the noncustodial parent from whom support is
2284
being sought and the other custodial parent or caretaker
2285
relative;
2286
3. The noncustodial parent's duty and ability to provide
2287
support;
2288
4. The amount of the noncustodial parent's monthly support
2289
obligation;
2290
5. Any obligation to pay retroactive support;
2291
6. The noncustodial parent's obligation to provide for the
2292
health care needs of each child, whether through insurance
2293
coverage, contribution towards the cost of insurance coverage,
2294
payment or reimbursement of health care expenses for the child,
2295
or any combination thereof;
2296
7. The beginning date of any required monthly payments and
2297
health care coverage;
2298
8. That all support payments ordered must be paid to the
2299
Florida State Disbursement Unit as provided by s. 61.1824;
2300
9. That the parents, or caretaker relative if applicable,
2301
must file with the department when the administrative support
2302
order is rendered, if they have not already done so, and update
2303
as appropriate the information required pursuant to paragraph
2304
(13)(b);
2305
10. That both parents, or parent and caretaker relative if
2306
applicable, are required to promptly notify the department of any
2307
change in their mailing addresses pursuant to paragraph (13)(c);
2308
and
2309
11. That if the noncustodial parent ordered to pay support
2310
receives unemployment compensation benefits, the payor shall
2311
withhold, and transmit to the department, 40 percent of the
2312
benefits for payment of support, not to exceed the amount owed.
2313
2314
An income deduction order as provided by s. 61.1301 must be
2315
incorporated into the administrative support order or, if not
2316
incorporated into the administrative support order, the
2317
department or the Division of Administrative Hearings shall
2318
render a separate income deduction order.
2319
(10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER
2320
SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--
2321
(a) The obligor A noncustodial parent has the right to seek
2322
judicial review of an administrative support order or a final
2323
order denying an administrative support order in accordance with
2324
s. 120.68. The department has the right to seek judicial review,
2325
in accordance with s. 120.68, of an administrative support order
2326
or a final order denying an administrative support order entered
2327
by an administrative law judge of the Division of Administrative
2328
Hearings.
2329
(b) An administrative support order rendered under this
2330
section has the same force and effect as a court order and may be
2331
enforced by any circuit court in the same manner as a support
2332
order issued by the court, except for contempt. If the circuit
2333
court issues its own order enforcing the administrative support
2334
order, the circuit court may enforce its own order by contempt.
2335
The presumption of ability to pay and purge contempt established
2336
in s. 61.14(5)(a) applies to an administrative support order that
2337
includes a finding of present ability to pay. Enforcement by the
2338
court, without any change by the court in the support obligations
2339
established in the administrative support order, does not
2340
supersede the administrative support order or affect the
2341
department's authority to modify the administrative support order
2342
as provided by subsection (12). An order by the court that
2343
requires a the noncustodial parent to make periodic payments on
2344
arrearages does not constitute a change in the support
2345
obligations established in the administrative support order and
2346
does not supersede the administrative order.
2347
(13) REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
2348
ADDRESS OF RECORD.--In all proceedings pursuant to this section:
2349
(a) Each The noncustodial parent and custodial parent must
2350
execute and furnish to the department, no later than 20 days
2351
after receipt of the notice of proceeding to establish
2352
administrative support order, a financial affidavit in the form
2353
prescribed by the department. An updated financial affidavit must
2354
be executed and furnished to the department at the inception of
2355
each proceeding to modify an administrative support order.
2356
Caretaker relatives are not required to furnish financial
2357
affidavits.
2358
(b) Each The noncustodial parent, custodial parent, and
2359
caretaker relative if applicable, shall disclose to the
2360
department, no later than 20 days after receipt of the notice of
2361
proceeding to establish administrative support order, and update
2362
as appropriate, information regarding his or her their identity
2363
and location, including names he or she is they are known by;
2364
social security number numbers; residential and mailing
2365
addresses; telephone numbers; driver's license numbers; and
2366
names, addresses, and telephone numbers of employers. Pursuant to
2367
the federal Personal Responsibility and Work Opportunity
2368
Reconciliation Act of 1996, each person must provide his or her
2369
social security number in accordance with this section.
2370
Disclosure of social security numbers obtained through this
2371
requirement shall be limited to the purpose of administration of
2372
the Title IV-D program for child support enforcement.
2373
(c) Each The noncustodial parent, custodial parent, and
2374
caretaker relative, if applicable, have a continuing obligation
2375
to promptly inform the department in writing of any change in his
2376
or her their mailing address addresses to ensure receipt of all
2377
subsequent pleadings, notices, payments, statements, and orders,
2378
and receipt is presumed if sent by regular mail to the most
2379
recent address furnished by the person.
2380
(17) EVALUATION.--The Office of Program Policy Analysis and
2381
Government Accountability shall conduct an evaluation of the
2382
statewide implementation of the administrative process for
2383
establishing child support provided for in this section. This
2384
evaluation shall examine whether these processes have been
2385
effectively implemented and administered statewide and are
2386
operating to the benefit of the children, including, but not
2387
limited to the ability of Title IV-D parents to easily access the
2388
court system for necessary court action. The Office of Program
2389
Policy Analysis and Government Accountability shall submit an
2390
evaluation report on the statewide implementation of the
2391
administrative processes for establishing child support by June
2392
30, 2006.
2393
Section 22. Subsections (1), (4), and (11) of section
2394
409.2564, Florida Statutes, are amended to read:
2395
409.2564 Actions for support.--
2396
(1) In each case in which regular support payments are not
2397
being made as provided herein, the department shall institute,
2398
within 30 days after determination of the obligor's reasonable
2399
ability to pay, action as is necessary to secure the obligor's
2400
payment of current support and any arrearage which may have
2401
accrued under an existing order of support. The department shall
2402
notify the program attorney in the judicial circuit in which the
2403
recipient resides setting forth the facts in the case, including
2404
the obligor's address, if known, and the public assistance case
2405
number. Whenever applicable, the procedures established under the
2406
provisions of chapter 88, Uniform Interstate Family Support Act,
2407
chapter 61, Dissolution of Marriage; Support; Time-sharing
2408
Custody, chapter 39, Proceedings Relating to Children, chapter
2409
984, Children and Families in Need of Services, and chapter 985,
2410
Delinquency; Interstate Compact on Juveniles, may govern actions
2411
instituted under the provisions of this act, except that actions
2412
for support under chapter 39, chapter 984, or chapter 985 brought
2413
pursuant to this act shall not require any additional
2414
investigation or supervision by the department.
2415
(4) Whenever the Department of Revenue has undertaken an
2416
action for enforcement of support, the Department of Revenue may
2417
enter into an agreement with the obligor for the entry of a
2418
judgment determining paternity, if applicable, and for periodic
2419
child support payments based on the child support guidelines
2420
schedule in s. 61.30. Prior to entering into this agreement, the
2421
obligor shall be informed that a judgment will be entered based
2422
on the agreement. The clerk of the court shall file the agreement
2423
without the payment of any fees or charges, and the court, upon
2424
entry of the judgment, shall forward a copy of the judgment to
2425
the parties to the action. To encourage out-of-court settlement
2426
and promote support order compliance, if the obligor and the
2427
Department of Revenue agree on entry of a support order and its
2428
terms, the guideline amount owed for retroactive support that is
2429
permanently assigned to the state shall be reduced by 25 percent.
2430
(11) The Title IV-D agency shall review child support
2431
orders in IV-D cases at least every 3 years upon request by
2432
either party, or the agency in cases where there is an assignment
2433
of support to the state under s. 414.095(7), and may seek
2434
adjustment of the order if appropriate under the guidelines
2435
schedule established in s. 61.30. Not less than once every 3
2436
years the IV-D agency shall provide notice to the parties subject
2437
to the order informing them of their right to request a review
2438
and, if appropriate, an adjustment of the child support order.
2439
Said notice requirement may be met by including appropriate
2440
language in the initial support order or any subsequent orders.
2441
Section 23. Paragraph (a) of subsection (2) of section
2442
409.25657, Florida Statutes, is amended to read:
2443
409.25657 Requirements for financial institutions.--
2444
(2) The department shall develop procedures to enter into
2445
agreements with financial institutions doing business in the
2446
state, in coordination with such financial institutions and with
2447
the Federal Parent Locator Service in the case of financial
2448
institutions doing business in two or more states, to develop and
2449
operate a data match system, using automated data exchanges to
2450
the maximum extent feasible, in which each financial institution
2451
is required to provide for each calendar quarter the name, record
2452
address, social security number or other taxpayer identification
2453
number, average daily account balance, and other identifying
2454
information for:
2455
(a) Each noncustodial parent who maintains an account at
2456
such institution and who owes past due support, as identified by
2457
the department by name and social security number or other
2458
taxpayer identification number; or
2459
Section 24. Subsections (2) and (5) of section 409.25659,
2460
Florida Statutes, are amended to read:
2461
409.25659 Insurance claim data exchange.--
2462
(2) The department shall develop and operate a data match
2463
system after consultation with one or more insurers, using
2464
automated data exchanges to the maximum extent feasible, in which
2465
an insurer may voluntarily provide the department monthly with
2466
the name, address, and, if known, date of birth and social
2467
security number or other taxpayer identification number for each
2468
noncustodial parent who has a claim with the insurer and who owes
2469
past due support, and the claim number maintained by the insurer
2470
for each claim. An insurer may provide such data by:
2471
(a) Authorizing an insurance claim data collection
2472
organization, to which the insurer subscribes and to which the
2473
insurer submits the required claim data on at least a monthly
2474
basis, to:
2475
1. Receive or access a data file from the department and
2476
conduct a data match of all noncustodial parents who have a claim
2477
with the insurer and who owe past due support and submit the
2478
required data for each such noncustodial parent to the
2479
department; or
2480
2. Submit a data file to the department which contains the
2481
required data for each claim being maintained by the insurer for
2482
the department to conduct a data match;
2483
(b) Providing the required data for each claim being
2484
maintained by the insurer directly to the department in an
2485
electronic medium; or
2486
(c) Receiving or accessing a data file from the department
2487
and conducting a data match of all noncustodial parents who have
2488
a claim with the insurer and who owe past due support and
2489
submitting the required data for each such noncustodial parent to
2490
the department.
2491
(5) The department and insurers may only use the data
2492
obtained pursuant to subsection (2) for the purpose of
2493
identifying noncustodial parents who owe past due support. If the
2494
department does not match such data with a noncustodial parent
2495
who owes past due support, such data shall be destroyed
2496
immediately and shall not be maintained by the department.
2497
Section 25. Section 409.2577, Florida Statutes, is amended
2498
to read:
2499
409.2577 Parent locator service.--The department shall
2500
establish a parent locator service to assist in locating parents
2501
who have deserted their children and other persons liable for
2502
support of dependent children. The department shall use all
2503
sources of information available, including the Federal Parent
2504
Locator Service, and may request and shall receive information
2505
from the records of any person or the state or any of its
2506
political subdivisions or any officer thereof. Any agency as
2507
defined in s. 120.52, any political subdivision, and any other
2508
person shall, upon request, provide the department any
2509
information relating to location, salary, insurance, social
2510
security, income tax, and employment history necessary to locate
2511
parents who owe or potentially owe a duty of support pursuant to
2512
Title IV-D of the Social Security Act. This provision shall
2513
expressly take precedence over any other statutory nondisclosure
2514
provision which limits the ability of an agency to disclose such
2515
information, except that law enforcement information as provided
2516
in s. 119.071(4)(d) is not required to be disclosed, and except
2517
that confidential taxpayer information possessed by the
2518
Department of Revenue shall be disclosed only to the extent
2519
authorized in s. 213.053(16). Nothing in this section requires
2520
the disclosure of information if such disclosure is prohibited by
2521
federal law. Information gathered or used by the parent locator
2522
service is confidential and exempt from the provisions of s.
2523
119.07(1). Additionally, the department is authorized to collect
2524
any additional information directly bearing on the identity and
2525
whereabouts of a person owing or asserted to be owing an
2526
obligation of support for a dependent child. The department
2527
shall, upon request, make information available only to public
2528
officials and agencies of this state; political subdivisions of
2529
this state, including any agency thereof providing child support
2530
enforcement services to non-Title IV-D clients; the custodial
2531
parent owed support, legal guardian, attorney, or agent of the
2532
child; and other states seeking to locate parents who have
2533
deserted their children and other persons liable for support of
2534
dependents, for the sole purpose of establishing, modifying, or
2535
enforcing their liability for support, and shall make such
2536
information available to the Department of Children and Family
2537
Services for the purpose of diligent search activities pursuant
2538
to chapter 39. If the department has reasonable evidence of
2539
domestic violence or child abuse and the disclosure of
2540
information could be harmful to the custodial parent owed support
2541
or the child of such parent, the child support program director
2542
or designee shall notify the Department of Children and Family
2543
Services and the Secretary of the United States Department of
2544
Health and Human Services of this evidence. Such evidence is
2545
sufficient grounds for the department to disapprove an
2546
application for location services.
2547
Section 26. Paragraph (e) of subsection (1) of section
2548
409.2579, Florida Statutes, is amended to read:
2549
409.2579 Safeguarding Title IV-D case file information.--
2550
(1) Information concerning applicants for or recipients of
2551
Title IV-D child support services is confidential and exempt from
2552
the provisions of s. 119.07(1). The use or disclosure of such
2553
information by the IV-D program is limited to purposes directly
2554
connected with:
2555
(e) Mandatory disclosure of identifying and location
2556
information as provided in s. 61.13(7)(8) by the IV-D program
2557
when providing Title IV-D services.
2558
Section 27. Subsection (11) of section 409.811, Florida
2559
Statutes, is amended to read:
2560
409.811 Definitions relating to Florida Kidcare Act.--As
2562
(11) "Family" means the group or the individuals whose
2563
income is considered in determining eligibility for the Florida
2564
Kidcare program. The family includes a child with a custodial
2565
parent or caretaker relative who resides in the same house or
2566
living unit or, in the case of a child whose disability of nonage
2567
has been removed under chapter 743, the child. The family may
2568
also include other individuals whose income and resources are
2569
considered in whole or in part in determining eligibility of the
2570
child.
2571
Section 28. Subsection (5) of section 414.0252, Florida
2572
Statutes, is amended to read:
2574
term:
2575
(5) "Family" means the assistance group or the individuals
2576
whose needs, resources, and income are considered when
2577
determining eligibility for temporary assistance. The family for
2578
purposes of temporary assistance includes the minor child, a
2579
custodial parent, or caretaker relative who resides in the same
2580
house or living unit. The family may also include individuals
2581
whose income and resources are considered in whole or in part in
2582
determining eligibility for temporary assistance but whose needs,
2583
due to federal or state restrictions, are not considered. These
2584
individuals include, but are not limited to, ineligible
2585
noncitizens or sanctioned individuals.
2586
Section 29. Paragraph (a) of subsection (4) and subsection
2587
(5) of section 414.065, Florida Statutes, are amended to read:
2588
414.065 Noncompliance with work requirements.--
2589
(4) EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
2590
otherwise provided, the situations listed in this subsection
2591
shall constitute exceptions to the penalties for noncompliance
2592
with participation requirements, except that these situations do
2593
not constitute exceptions to the applicable time limit for
2594
receipt of temporary cash assistance:
2595
(a) Noncompliance related to child care.--Temporary cash
2596
assistance may not be terminated for refusal to participate in
2597
work activities if the individual is a single custodial parent
2598
caring for a child who has not attained 6 years of age, and the
2599
adult proves to the regional workforce board an inability to
2600
obtain needed child care for one or more of the following
2601
reasons, as defined in the Child Care and Development Fund State
2602
Plan required by 45 C.F.R. part 98:
2603
1. Unavailability of appropriate child care within a
2604
reasonable distance from the individual's home or worksite.
2605
2. Unavailability or unsuitability of informal child care
2606
by a relative or under other arrangements.
2607
3. Unavailability of appropriate and affordable formal
2608
child care arrangements.
2609
(5) WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--
2610
(a) The court may order a noncustodial parent who is
2611
delinquent in support payments, pursuant to the terms of a
2612
support order, to participate in work activities under this
2613
chapter, or as provided in s. 61.14(5)(b), so that the parent may
2614
obtain employment and fulfill the obligation to provide support
2615
payments. A noncustodial parent who fails to satisfactorily
2616
engage in court-ordered work activities may be held in contempt.
2617
(b) The court may order a noncustodial parent to
2618
participate in work activities under this chapter if the child of
2619
the noncustodial parent has been placed with a relative, in an
2620
emergency shelter, in foster care, or in other substitute care,
2621
and:
2622
1. The case plan requires the noncustodial parent to
2623
participate in work activities; or
2624
2. The noncustodial parent would be eligible to participate
2625
in work activities and subject to work activity requirements if
2626
the child were living with the parent.
2627
2628
If a noncustodial parent fails to comply with the case plan, the
2629
noncustodial parent may be removed from program participation.
2630
Section 30. Paragraph (c) of subsection (1) of section
2631
414.085, Florida Statutes, is amended to read:
2632
414.085 Income eligibility standards.--
2633
(1) For purposes of program simplification and effective
2634
program management, certain income definitions, as outlined in
2635
the food stamp regulations at 7 C.F.R. s. 273.9, shall be applied
2636
to the temporary cash assistance program as determined by the
2637
department to be consistent with federal law regarding temporary
2638
cash assistance and Medicaid for needy families, except as to the
2639
following:
2640
(c) The first $50 of child support paid to a custodial
2641
parent receiving temporary cash assistance may not be disregarded
2642
in calculating the amount of temporary cash assistance for the
2643
family, unless such exclusion is required by federal law.
2644
Section 31. Subsection (2) and paragraph (a) of subsection
2645
(6) of section 414.095, Florida Statutes, are amended to read:
2646
414.095 Determining eligibility for temporary cash
2647
assistance.--
2648
(2) ADDITIONAL ELIGIBILITY REQUIREMENTS.--
2649
(a) To be eligible for services or temporary cash
2650
assistance and Medicaid:
2651
1. An applicant must be a United States citizen, or a
2652
qualified noncitizen, as defined in this section.
2653
2. An applicant must be a legal resident of the state.
2654
3. Each member of a family must provide to the department
2655
the member's social security number or shall provide proof of
2656
application for a social security number. An individual who fails
2657
to provide a social security number, or proof of application for
2658
a social security number, is not eligible to participate in the
2659
program.
2660
4. A minor child must reside with a custodial parent or
2661
parents, with a relative caretaker who is within the specified
2662
degree of blood relationship as defined by 45 C.F.R. part 233,
2663
or, if the minor is a teen parent with a child, in a setting
2664
approved by the department as provided in subsection (14).
2665
5. Each family must have a minor child and meet the income
2666
and resource requirements of the program. All minor children who
2667
live in the family, as well as the parents of the minor children,
2668
shall be included in the eligibility determination unless
2669
specifically excluded.
2670
(b) The following members of a family are eligible to
2671
participate in the program if all eligibility requirements are
2672
met:
2673
1. A minor child who resides with a custodial parent or
2674
other adult caretaker relative.
2675
2. The parent of a minor child with whom the child resides.
2676
3. The caretaker relative with whom the minor child resides
2677
who chooses to have her or his needs and income included in the
2678
family.
2679
4. Unwed minor children and their children if the unwed
2680
minor child lives at home or in an adult-supervised setting and
2681
if temporary cash assistance is paid to an alternative payee.
2682
5. A pregnant woman.
2683
(6) CHILD SUPPORT ENFORCEMENT.--As a condition of
2684
eligibility for public assistance, the family must cooperate with
2685
the state agency responsible for administering the child support
2686
enforcement program in establishing the paternity of the child,
2687
if the child is born out of wedlock, and in obtaining support for
2688
the child or for the parent or caretaker relative and the child.
2689
Cooperation is defined as:
2690
(a) Assisting in identifying and locating a noncustodial
2691
parent who does not live in the same home as the child and
2692
providing complete and accurate information on that parent;
2693
2694
This subsection does not apply if the state agency that
2695
administers the child support enforcement program determines that
2696
the parent or caretaker relative has good cause for failing to
2697
cooperate.
2698
Section 32. Subsection (1) of section 414.295, Florida
2699
Statutes, is amended to read:
2700
414.295 Temporary cash assistance programs; public records
2701
exemption.--
2702
(1) Personal identifying information of a temporary cash
2703
assistance program participant, a participant's family, or a
2704
participant's family or household member, except for information
2705
identifying a noncustodial parent who does not live in the same
2706
home as the child, held by the department, the Agency for
2707
Workforce Innovation, Workforce Florida, Inc., the Department of
2708
Health, the Department of Revenue, the Department of Education,
2709
or a regional workforce board or local committee created pursuant
2711
24(a), Art. I of the State Constitution. Such confidential and
2712
exempt information may be released for purposes directly
2713
connected with:
2714
(a) The administration of the temporary assistance for
2715
needy families plan under Title IV-A of the Social Security Act,
2716
as amended, by the department, the Agency for Workforce
2717
Innovation, Workforce Florida, Inc., the Department of Military
2718
Affairs, the Department of Health, the Department of Revenue, the
2719
Department of Education, a regional workforce board or local
2720
committee created pursuant to s. 445.007, or a school district.
2721
(b) The administration of the state's plan or program
2722
approved under Title IV-B, Title IV-D, or Title IV-E of the
2723
Social Security Act, as amended, or under Title I, Title X, Title
2724
XIV, Title XVI, Title XIX, Title XX, or Title XXI of the Social
2725
Security Act, as amended.
2726
(c) Any investigation, prosecution, or any criminal, civil,
2727
or administrative proceeding conducted in connection with the
2728
administration of any of the plans or programs specified in
2729
paragraph (a) or paragraph (b) by a federal, state, or local
2730
governmental entity, upon request by that entity, when such
2731
request is made pursuant to the proper exercise of that entity's
2732
duties and responsibilities.
2733
(d) The administration of any other state, federal, or
2734
federally assisted program that provides assistance or services
2735
on the basis of need, in cash or in kind, directly to a
2736
participant.
2737
(e) Any audit or similar activity, such as a review of
2738
expenditure reports or financial review, conducted in connection
2739
with the administration of any of the plans or programs specified
2740
in paragraph (a) or paragraph (b) by a governmental entity
2741
authorized by law to conduct such audit or activity.
2742
(f) The administration of the unemployment compensation
2743
program.
2744
(g) The reporting to the appropriate agency or official of
2745
information about known or suspected instances of physical or
2746
mental injury, sexual abuse or exploitation, or negligent
2747
treatment or maltreatment of a child or elderly person receiving
2748
assistance, if circumstances indicate that the health or welfare
2749
of the child or elderly person is threatened.
2750
(h) The administration of services to elderly persons under
2752
Section 33. Paragraph (c) of subsection (3) of section
2753
445.024, Florida Statutes, is amended to read:
2754
445.024 Work requirements.--
2755
(3) EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
2756
following individuals are exempt from work activity requirements:
2757
(c) A single custodial parent of a child under 3 months of
2758
age, except that the parent may be required to attend parenting
2759
classes or other activities to better prepare for the
2760
responsibilities of raising a child.
2761
Section 34. Paragraphs (b), (c), and (d) of subsection (3)
2762
of section 741.0306, Florida Statutes, are amended, and
2763
subsection (5) is added to that section, to read:
2764
741.0306 Creation of a family law handbook.--
2765
(3) The information contained in the handbook or other
2766
electronic media presentation may be reviewed and updated
2767
annually, and may include, but need not be limited to:
2768
(b) Shared parental responsibility for children and; the
2769
determination of a parenting plan, including a time-sharing
2770
schedule primary residence or custody and secondary residence or
2771
routine visitation, holiday, summer, and vacation visitation
2772
arrangements, telephone access, and the process for notice for
2773
changes.
2774
(c) Permanent relocation restrictions on parents with
2775
primary residential responsibility.
2776
(d) Child support for minor children; both parents are
2777
obligated for support in accordance with applicable child support
2778
guidelines schedule.
2779
(5) The existing family law handbook shall be reviewed and
2780
a report provided to the Legislature by October 1, 2008, or as
2781
soon thereafter as practicable, with recommendations for updating
2782
the handbook.
2783
Section 35. Subsection (3), paragraph (a) of subsection
2784
(5), and paragraph (a) of subsection (6) of section 741.30,
2785
Florida Statutes, are amended to read:
2786
741.30 Domestic violence; injunction; powers and duties of
2787
court and clerk; petition; notice and hearing; temporary
2788
injunction; issuance of injunction; statewide verification
2789
system; enforcement.--
2790
(3)(a) The sworn petition shall allege the existence of
2791
such domestic violence and shall include the specific facts and
2792
circumstances upon the basis of which relief is sought.
2793
2794
(b) The sworn petition shall be in substantially the
2795
following form:
2796
2797
PETITION FOR
2798
INJUNCTION FOR PROTECTION
2799
AGAINST DOMESTIC VIOLENCE
2800
2801
Before me, the undersigned authority, personally appeared
2802
Petitioner (Name) , who has been sworn and says that the
2803
following statements are true:
2804
(a) Petitioner resides at: (address)
2805
(Petitioner may furnish address to the court in a separate
2806
confidential filing if, for safety reasons, the petitioner
2807
requires the location of the current residence to be
2808
confidential.)
2809
(b) Respondent resides at: (last known address)
2810
(c) Respondent's last known place of employment: (name of
2811
business and address)
2812
(d) Physical description of respondent: _____
2813
Race_____
2814
Sex_____
2815
Date of birth_____
2816
Height_____
2817
Weight_____
2818
Eye color_____
2819
Hair color_____
2820
Distinguishing marks or scars_____
2821
(e) Aliases of respondent: _____
2822
(f) Respondent is the spouse or former spouse of the
2823
petitioner or is any other person related by blood or marriage to
2824
the petitioner or is any other person who is or was residing
2825
within a single dwelling unit with the petitioner, as if a
2826
family, or is a person with whom the petitioner has a child in
2827
common, regardless of whether the petitioner and respondent are
2828
or were married or residing together, as if a family.
2829
(g) The following describes any other cause of action
2830
currently pending between the petitioner and respondent:
2831
2832
The petitioner should also describe any previous or pending
2833
attempts by the petitioner to obtain an injunction for protection
2834
against domestic violence in this or any other circuit, and the
2835
results of that attempt
2836
2837
Case numbers should be included if available.
2838
(h) Petitioner is either a victim of domestic violence or
2839
has reasonable cause to believe he or she is in imminent danger
2840
of becoming a victim of domestic violence because respondent has
2841
_____(mark all sections that apply and describe in the spaces
2842
below the incidents of violence or threats of violence,
2843
specifying when and where they occurred, including, but not
2844
limited to, locations such as a home, school, place of
2845
employment, or visitation exchange)_____:
2846
_____committed or threatened to commit domestic violence
2847
defined in s. 741.28, Florida Statutes, as any assault,
2848
aggravated assault, battery, aggravated battery, sexual assault,
2849
sexual battery, stalking, aggravated stalking, kidnapping, false
2850
imprisonment, or any criminal offense resulting in physical
2851
injury or death of one family or household member by another.
2852
With the exception of persons who are parents of a child in
2853
common, the family or household members must be currently
2854
residing or have in the past resided together in the same single
2855
dwelling unit.
2856
_____previously threatened, harassed, stalked, or physically
2857
abused the petitioner.
2858
_____attempted to harm the petitioner or family members or
2859
individuals closely associated with the petitioner.
2860
_____threatened to conceal, kidnap, or harm the petitioner's
2861
child or children.
2862
_____intentionally injured or killed a family pet.
2863
_____used, or has threatened to use, against the petitioner
2864
any weapons such as guns or knives.
2865
_____physically restrained the petitioner from leaving the
2866
home or calling law enforcement.
2867
_____a criminal history involving violence or the threat of
2868
violence (if known).
2869
_____another order of protection issued against him or her
2870
previously or from another jurisdiction (if known).
2871
_____destroyed personal property, including, but not limited
2872
to, telephones or other communication equipment, clothing, or
2873
other items belonging to the petitioner.
2874
_____engaged in any other behavior or conduct that leads the
2875
petitioner to have reasonable cause to believe he or she is in
2876
imminent danger of becoming a victim of domestic violence.
2877
(i) Petitioner alleges the following additional specific
2878
facts: (mark appropriate sections)
2879
_____A minor child or minor children reside with the
2880
petitioner is the custodian of a minor child or children whose
2881
names and ages are as follows:
2882
2883
_____Petitioner needs the exclusive use and possession of
2884
the dwelling that the parties share.
2885
_____Petitioner is unable to obtain safe alternative housing
2886
because:
2887
_____Petitioner genuinely fears that respondent imminently
2888
will abuse, remove, or hide the minor child or children from
2889
petitioner because:
2890
2891
(j) Petitioner genuinely fears imminent domestic violence
2892
by respondent.
2893
(k) Petitioner seeks an injunction: (mark appropriate
2894
section or sections)
2895
_____Immediately restraining the respondent from committing
2896
any acts of domestic violence.
2897
_____Restraining the respondent from committing any acts of
2898
domestic violence.
2899
_____Awarding to the petitioner the temporary exclusive use
2900
and possession of the dwelling that the parties share or
2901
excluding the respondent from the residence of the petitioner.
2902
_____Providing a temporary parenting plan, including a
2903
temporary time-sharing schedule Awarding temporary custody of, or
2904
temporary visitation rights with regard to, the minor child or
2905
children of the parties which might involve, or prohibiting or
2906
limiting time-sharing or requiring that it be visitation to that
2907
which is supervised by a third party.
2908
_____Establishing temporary support for the minor child or
2909
children or the petitioner.
2910
_____Directing the respondent to participate in a batterers'
2911
intervention program or other treatment pursuant to s. 39.901,
2912
Florida Statutes.
2913
_____Providing any terms the court deems necessary for the
2914
protection of a victim of domestic violence, or any minor
2915
children of the victim, including any injunctions or directives
2916
to law enforcement agencies.
2917
(c) Every petition for an injunction against domestic
2918
violence shall contain, directly above the signature line, a
2919
statement in all capital letters and bold type not smaller than
2920
the surrounding text, as follows:
2921
2922
2923
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH
2924
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS
2925
MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY,
2926
PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES.
2927
(initials)
2928
2929
(d) If the sworn petition seeks to determine a parenting
2930
plan and time-sharing schedule issues of custody or visitation
2931
with regard to the minor child or children of the parties, the
2932
sworn petition shall be accompanied by or shall incorporate the
2933
allegations required by s. 61.522 of the Uniform Child Custody
2934
Jurisdiction and Enforcement Act.
2935
(5)(a) When it appears to the court that an immediate and
2936
present danger of domestic violence exists, the court may grant a
2937
temporary injunction ex parte, pending a full hearing, and may
2938
grant such relief as the court deems proper, including an
2939
injunction:
2940
1. Restraining the respondent from committing any acts of
2941
domestic violence.
2942
2. Awarding to the petitioner the temporary exclusive use
2943
and possession of the dwelling that the parties share or
2944
excluding the respondent from the residence of the petitioner.
2945
3. On the same basis as provided in s. 61.13, providing the
2946
petitioner with 100 percent of the time-sharing that shall remain
2947
granting to the petitioner temporary custody of a minor child. An
2948
order of temporary custody remains in effect until the order
2949
expires or an order is entered by a court of competent
2950
jurisdiction in a pending or subsequent civil action or
2951
proceeding affecting the placement of, access to, parental time
2952
with, adoption of, or parental rights and responsibilities for
2953
the minor child.
2954
(6)(a) Upon notice and hearing, when it appears to the
2955
court that the petitioner is either the victim of domestic
2956
violence as defined by s. 741.28 or has reasonable cause to
2957
believe he or she is in imminent danger of becoming a victim of
2958
domestic violence, the court may grant such relief as the court
2959
deems proper, including an injunction:
2960
1. Restraining the respondent from committing any acts of
2961
domestic violence.
2962
2. Awarding to the petitioner the exclusive use and
2963
possession of the dwelling that the parties share or excluding
2964
the respondent from the residence of the petitioner.
2965
3. On the same basis as provided in chapter 61, providing
2966
the petitioner with 100 percent of the time-sharing in a
2967
temporary parenting plan that shall remain awarding temporary
2968
custody of, or temporary visitation rights with regard to, a
2969
minor child or children of the parties. An order of temporary
2970
custody or visitation remains in effect until the order expires
2971
or an order is entered by a court of competent jurisdiction in a
2972
pending or subsequent civil action or proceeding affecting the
2973
placement of, access to, parental time with, adoption of, or
2974
parental rights and responsibilities for the minor child.
2975
4. On the same basis as provided in chapter 61,
2976
establishing temporary support for a minor child or children or
2977
the petitioner. An order of temporary support remains in effect
2978
until the order expires or an order is entered by a court of
2979
competent jurisdiction in a pending or subsequent civil action or
2980
proceeding affecting child support.
2981
5. Ordering the respondent to participate in treatment,
2982
intervention, or counseling services to be paid for by the
2983
respondent. When the court orders the respondent to participate
2984
in a batterers' intervention program, the court, or any entity
2985
designated by the court, must provide the respondent with a list
2986
of all certified batterers' intervention programs and all
2987
programs which have submitted an application to the Department of
2988
Children and Family Services to become certified under s. 741.32,
2989
from which the respondent must choose a program in which to
2990
participate. If there are no certified batterers' intervention
2991
programs in the circuit, the court shall provide a list of
2992
acceptable programs from which the respondent must choose a
2993
program in which to participate.
2994
6. Referring a petitioner to a certified domestic violence
2995
center. The court must provide the petitioner with a list of
2996
certified domestic violence centers in the circuit which the
2997
petitioner may contact.
2998
7. Ordering such other relief as the court deems necessary
2999
for the protection of a victim of domestic violence, including
3000
injunctions or directives to law enforcement agencies, as
3001
provided in this section.
3002
Section 36. Subsections (1) and (2) of section 742.031,
3003
Florida Statutes, are amended to read:
3004
742.031 Hearings; court orders for support, hospital
3005
expenses, and attorney's fee.--
3006
(1) Hearings for the purpose of establishing or refuting
3007
the allegations of the complaint and answer shall be held in the
3008
chambers and may be restricted to persons, in addition to the
3009
parties involved and their counsel, as the judge in his or her
3010
discretion may direct. The court shall determine the issues of
3011
paternity of the child and the ability of the parents to support
3012
the child. Each party's social security number shall be recorded
3013
in the file containing the adjudication of paternity. If the
3014
court finds that the alleged father is the father of the child,
3015
it shall so order. If appropriate, the court shall order the
3016
father to pay the complainant, her guardian, or any other person
3017
assuming responsibility for the child moneys sufficient to pay
3018
reasonable attorney's fees, hospital or medical expenses, cost of
3019
confinement, and any other expenses incident to the birth of the
3020
child and to pay all costs of the proceeding. Bills for
3021
pregnancy, childbirth, and scientific testing are admissible as
3022
evidence without requiring third-party foundation testimony, and
3023
shall constitute prima facie evidence of amounts incurred for
3024
such services or for testing on behalf of the child. The court
3025
shall order either or both parents owing a duty of support to the
3026
child to pay support pursuant to s. 61.30. The court shall issue,
3027
upon motion by a party, a temporary order requiring the provision
3028
of child support pursuant to s. 61.30 pending an administrative
3029
or judicial determination of parentage, if there is clear and
3030
convincing evidence of paternity on the basis of genetic tests or
3031
other evidence. The court may also make a determination of an
3032
appropriate parenting plan, including a time-sharing schedule, as
3033
to the parental responsibility and residential care and custody
3034
of the minor children in accordance with chapter 61.
3035
(2) If a judgment of paternity contains only a child
3036
support award with no parenting plan or time-sharing schedule,
3037
the obligee parent shall receive all of the time-sharing and sole
3038
parental responsibility no explicit award of custody, the
3039
establishment of a support obligation or of visitation rights in
3040
one parent shall be considered a judgment granting primary
3041
residential care and custody to the other parent without
3042
prejudice to the obligor parent. If a paternity judgment contains
3043
no such provisions, custody shall be presumed to be with the
3044
mother shall be presumed to have all of the time-sharing and sole
3045
parental responsibility.
3046
Section 37. Subsection (3) of section 753.01, Florida
3047
Statutes, is amended to read:
3048
753.01 Definitions.--As used in this chapter, the term:
3049
(3) "Exchange monitoring" means supervision of movement of
3050
a child from one parent the custodial to the other noncustodial
3051
parent at the start of the visit and back to the first custodial
3052
parent at the end of the visit.
3053
Section 38. Subsection (1) of section 827.06, Florida
3054
Statutes, is amended to read:
3055
827.06 Nonsupport of dependents.--
3056
(1) The Legislature finds that most noncustodial parents
3057
want to support their children and remain connected to their
3058
families. The Legislature also finds that while many noncustodial
3059
parents lack the financial resources and other skills necessary
3060
to provide that support, some parents willfully fail to provide
3061
support to their children even when they are aware of the
3062
obligation and have the ability to do so. The Legislature further
3063
finds that existing statutory provisions for civil enforcement of
3064
support have not proven sufficiently effective or efficient in
3065
gaining adequate support for all children. Recognizing that it is
3066
the public policy of this state that children shall be maintained
3067
primarily from the resources of their parents, thereby relieving,
3068
at least in part, the burden presently borne by the general
3069
citizenry through public assistance programs, it is the intent of
3070
the Legislature that the criminal penalties provided for in this
3071
section are to be pursued in all appropriate cases where civil
3072
enforcement has not resulted in payment.
3073
Section 39. For the purpose of incorporating the amendment
3074
made by this act to section 741.30, Florida Statutes, in a
3075
reference thereto, paragraph (a) of subsection (3) of section
3076
61.1825, Florida Statutes, is reenacted to read:
3077
61.1825 State Case Registry.--
3078
(3)(a) For the purpose of this section, a family violence
3079
indicator must be placed on a record when:
3080
1. A party executes a sworn statement requesting that a
3081
family violence indicator be placed on that party's record which
3082
states that the party has reason to believe that release of
3083
information to the Federal Case Registry may result in physical
3084
or emotional harm to the party or the child; or
3085
2. A temporary or final injunction for protection against
3086
domestic violence has been granted pursuant to s. 741.30(6), an
3087
injunction for protection against domestic violence has been
3088
issued by a court of a foreign state pursuant to s. 741.315, or a
3089
temporary or final injunction for protection against repeat
3090
violence has been granted pursuant to s. 784.046; or
3091
3. The department has received information on a Title IV-D
3092
case from the Domestic Violence and Repeat Violence Injunction
3093
Statewide Verification System, established pursuant to s.
3094
784.046(8)(b), that a court has granted a party a domestic
3095
violence or repeat violence injunction.
3096
Section 40. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.