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A bill to be entitled

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An act relating to temporary child support; amending s.

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195.052, F.S.; amending s. 742.031, F.S.; providing

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additional limitations on when a court can order an

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alleged father to pay temporary child support; providing

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an effective date.

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

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     Section 1.  Section 742.031, Florida Statutes, is amended to

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read:

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     742.031 Hearings; court orders for support, hospital

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expenses, and attorney's fee.--

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     (1)  Hearings for the purpose of establishing or refuting

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the allegations of a the complaint and answer regarding the

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paternity of the child shall be held in the chambers and may be

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restricted to persons, in addition to the parties involved and

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their counsel, as the judge in his or her discretion may direct.

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The court shall determine the issues of the child's paternity of

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the child and the ability of the parents to support the child.

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Each party's social security number shall be recorded in the file

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containing the adjudication of paternity. If the court finds that

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the alleged father is the father of the child, it shall so order.

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If appropriate, the court shall order the father to pay the

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complainant, her guardian, or any other person assuming

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responsibility for the child moneys sufficient to pay reasonable

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attorney's fees, hospital or medical expenses, cost of

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confinement, and any other expenses incident to the birth of the

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child and to pay all costs of the proceeding. Bills for

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pregnancy, childbirth, and scientific testing are admissible as

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evidence without requiring third-party foundation testimony, and

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are shall constitute prima facie evidence of amounts incurred for

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such services or for testing on behalf of the child. The court

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shall order either or both parents owing a duty of support to the

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child to pay support pursuant to s. 61.30. The court shall issue,

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upon motion by a party, a temporary order requiring the provision

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of child support pursuant to s. 61.30 pending an administrative

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or judicial determination of parentage, if there is clear and

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convincing evidence of paternity on the basis of genetic tests or

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other evidence. The court may also make a determination as to the

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parental responsibility and residential care and custody of the

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minor children in accordance with chapter 61.

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     (2)  If a judgment of paternity contains no explicit award

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of custody, the establishment of a support obligation or of

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visitation rights in one parent shall be considered a judgment

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granting primary residential care and custody to the other parent

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without prejudice. If a paternity judgment contains no such

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provisions, custody shall be presumed to be with the mother.

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     (3)  Pursuant to the federal Personal Responsibility and

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Work Opportunity Reconciliation Act of 1996, each party is

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required to provide his or her social security number, which

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shall be recorded in the file containing the court's adjudication

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of paternity in accordance with this section. Disclosure of

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social security numbers obtained pursuant to this subsection is

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through this requirement shall be limited to purposes relating to

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

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support enforcement.

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     (4) Upon motion by a party, the court shall issue a

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temporary order for child support pursuant to s. 61.30, pending

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an administrative or judicial determination of paternity, if

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there is clear and convincing evidence of paternity based on

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genetic testing or if the alleged father has voluntarily

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acknowledged paternity by signing the child's birth certificate

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or other legal document acknowledging paternity.

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     (a)  A court may, upon good cause shown and without a

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showing of a substantial change of circumstances, modify, vacate,

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or set aside a temporary support order before or upon entering a

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final order in a proceeding.

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     (b) The modification of a the temporary support order may

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be retroactive to the date of the initial entry of the temporary

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support order; to the date of filing of the initial petition for

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dissolution of marriage, petition for support, petition

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determining paternity, or supplemental petition for modification;

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or to a date prescribed in s. 61.14(1)(a) or s. 61.30(11)(c) or

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(17), as applicable.

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     Section 2.  This act shall take effect July 1, 2008.