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A bill to be entitled

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An act relating to temporary and concurrent custody of a

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child; revising ch. 751, F.S., relating to petitions and

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court orders awarding the temporary custody of a child to

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an extended family member to also provide for concurrent

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custody with the parents of the child; amending ss. 751.01

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and 751.02, F.S.; conforming provision to changes made by

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the act; amending s. 751.011, F.S.; revising definitions;

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defining the term "concurrent custody"; amending s.

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751.03, F.S.; revising the petition for concurrent custody

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to also include a description of efforts made to obtain

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consent; amending s. 751.05, F.S.; providing that a court

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may grant a petition for concurrent custody upon specified

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findings; providing that an order granting concurrent

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custody does not affect the ability of the parents to

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obtain the physical custody of the child at any time;

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amending ss. 39.013 and 49.011, F.S.; conforming

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references; providing an effective date.

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

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     Section 1.  Subsection (3) of section 751.01, Florida

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Statutes, is amended to read:

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     751.01  Purpose of act.--The purposes of ss. 751.01-751.05

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are to:

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     (3) Provide temporary or concurrent custody of a minor

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child to a family member having physical custody of the minor

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child to enable the custodian to:

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     (a)  Consent to all necessary and reasonable medical and

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dental care for the child, including nonemergency surgery and

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psychiatric care.;

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     (b)  Secure copies of the child's records, held by third

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parties, that are necessary for to the care of the child,

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including, but not limited to:

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     1. Medical, dental, and psychiatric records.;

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     2. Birth certificates and other records.; and

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     3. Educational records.;

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     (c)  Enroll the child in school and grant or withhold

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consent for a child to be tested or placed in special school

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programs, including exceptional education.; and

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     (d)  Do all other things necessary for the care of the

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child.

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     Section 2.  Section 751.011, Florida Statutes, is amended to

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read:

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     751.011  Definitions.--As used in ss. 751.01-751.05, the

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term:

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     (1) "Concurrent custody" means that a person who is

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eligible to obtain temporary custody of a minor child under this

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chapter obtains custodial rights to care for the child

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concurrently with the child's parent or parents. A finding of

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abuse, abandonment, or neglect is not necessary for granting

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concurrent custody over the objection of a parent. An order

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granting concurrent custody does not eliminate or diminish the

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custodial rights of the child's parent or parents.

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     (2) "Extended family member" means a is any person who is:

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     (a)(1) A relative of a minor child within the third degree

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by blood or marriage to the parent; or

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     (b)(2) The stepparent of a minor child if the stepparent is

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currently married to the parent of the child and is not a party

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in a pending dissolution, separate maintenance, domestic

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violence, or other civil or criminal proceeding in any court of

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competent jurisdiction involving one or both of the child's

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parents as an adverse party.

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     Section 3.  Section 751.02, Florida Statutes, is amended to

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read:

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     751.02 Determination of Temporary or concurrent custody

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proceedings; jurisdiction.--The following individuals may bring

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proceedings in the circuit court to determine the temporary or

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concurrent custody of a minor child:

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     (1)  Any extended family member who has the signed,

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notarized consent of the child's legal parents; or

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     (2)  Any extended family member who is caring full time for

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the child in the role of a substitute parent and with whom the

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child is presently living.

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     Section 4.  Section 751.03, Florida Statutes, is amended to

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read:

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     751.03 Petition for temporary or concurrent custody;

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contents.--Each petition for temporary custody of a minor child

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must be verified by the petitioner, who must be an extended

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family member, and must contain statements, to the best of

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petitioner's knowledge and belief, providing showing:

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     (1)  The name, date of birth, and current address of the

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child.;

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     (2)  The names and current addresses of the child's

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parents.;

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     (3)  The names and current addresses of the persons with

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whom the child has lived during the past 5 years.;

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     (4)  The places where the child has lived during the past 5

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years.;

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     (5)  Information concerning any custody proceeding in this

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or any other state with respect to the child.;

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     (6)  The residence and post office address of the

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petitioner.;

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     (7) The petitioner's relationship to the child.;

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     (8) If concurrent custody is being requested, the consent

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of the child's parents, or a description of the efforts made by

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petitioner to obtain consent and the results of those efforts.

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     (9)(8) If temporary custody is being requested, the consent

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of the child's parents, or the specific acts or omissions of the

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parents which demonstrate that the parents have abused,

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abandoned, or neglected the child as defined in chapter 39.;

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     (10)(9) Any temporary or permanent orders for child

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support, the court entering the order, and the case number.;

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     (11)(10) Any temporary or permanent order for protection

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entered on behalf of or against either parent, the petitioner, or

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the child; the court entering the order; and the case number.;

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     (12)(11) That it is in the best interest of the child for

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the petitioner to have custody of the child.; and

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     (13)(12) A statement of the period of time the petitioner

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is requesting temporary custody, including a statement of the

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reasons supporting that request.

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Only an extended family member may file a petition under this

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chapter.

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     Section 5.  Section 751.05, Florida Statutes, is amended to

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read:

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     751.05 Order granting temporary or concurrent custody.--

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     (1) At the hearing on the petition for temporary or

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concurrent custody, the court must hear the evidence concerning a

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minor child's need for care by the petitioner, all other matters

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required to be set forth in the petition, and the objections or

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other testimony of the child's parents, if present.

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     (2)  Unless the minor child's parents object, the court

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shall award the temporary or concurrent custody of the child to

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the petitioner if when it is in the best interest of the child to

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do so.

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     (3)  If one of the minor child's parents objects to the

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petition:

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     (a) The court shall grant a petition for concurrent custody

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only upon a finding, by clear and convincing evidence, that the

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parent or parents are not routinely available to provide the care

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and control of the child and that the petitioner is the primary

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custodian of the child who needs legal authority to give complete

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care to the child.

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     (b) granting of temporary custody to the petitioner, The

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court shall grant a the petition for temporary custody only upon

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a finding, by clear and convincing evidence, that the child's

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parent or parents are unfit to provide for the care and control

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of the child. In determining that a parent is unfit, the court

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must find that the parent has abused, abandoned, or neglected the

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child, as defined in chapter 39.

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     (4) The order granting:

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     (a) Concurrent custody of the minor child to the petitioner

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does not affect the ability of the child's parent or parents to

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obtain physical custody of the child at any time.

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     (b) Temporary custody of the minor child to the petitioner

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may also grant visitation rights to the child's parent or

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parents, if it is in the best interest of the child to do so.

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     (5)(a) The order granting temporary or concurrent custody

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of the minor child to the petitioner:

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     (a) May not include an order for the support of the child

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unless the parent has received personal or substituted service of

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process, the petition requests an order for the support of the

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child, and there is evidence of the parent's ability to pay the

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support ordered.

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     (b) The order granting temporary custody May redirect all

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or part of an existing child support obligation to be paid to the

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extended family member who is granted temporary or concurrent

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custody of the child. If the court redirects an existing child

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support obligation, the order granting temporary or concurrent

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custody must include, if possible, the determination of

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arrearages owed to the obligee and the person awarded temporary

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or concurrent custody and must order payment of the arrearages.

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The clerk of the circuit court in which the temporary custody

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order is entered shall transmit a certified copy thereof to the

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court originally entering the child support order. The temporary

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or concurrent custody order shall be recorded and filed in the

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original action in which child support was determined and become

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a part thereof. A copy of the temporary or concurrent custody

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order shall also be filed with the depository that serves as the

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official recordkeeper for support payments due under the support

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order. The depository must shall maintain separate accounts and

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separate account numbers for individual obligees.

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     (6)  At any time, either or both of the child's parents may

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petition the court to modify or terminate the order granting

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temporary or concurrent custody. The court shall terminate the

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order upon a finding that the parent is a fit parent, or by

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consent of the parties. The court may modify an order granting

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temporary or concurrent custody if the parties consent or if

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modification is in the best interest of the child.

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     Section 6.  Subsection (3) of section 39.013, Florida

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Statutes, is amended to read:

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     39.013  Procedures and jurisdiction; right to counsel.--

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     (3) If When a child is under the jurisdiction of the

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circuit court pursuant to this chapter, the circuit court

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assigned to handle dependency matters may exercise the general

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and equitable jurisdiction over guardianship proceedings under

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chapter 744 and proceedings for temporary or concurrent custody

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of minor children by an extended family member under chapter 751.

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     Section 7.  Subsection (14) of section 49.011, Florida

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Statutes, is amended to read:

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     49.011  Service of process by publication; cases in which

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allowed.--Service of process by publication may be made in any

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court on any party identified in s. 49.021 in any action or

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proceeding:

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     (14) For temporary or concurrent custody of a minor child,

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under ss. 751.01-751.05.

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     Section 8.  This act shall take effect upon becoming a law.