HB 541

1	A bill to be entitled
2	An act relating to child custody and visitation; amending
3	s. 61.046, F.S.; redefining the terms "parenting plan" and
4	"parenting plan recommendation"; amending s. 61.13, F.S.,
5	relating to child support, parenting plans, and time-
6	sharing; deleting obsolete provisions; requiring a
7	parenting plan to include the address to be used for
8	determining school boundaries; revising the elements of
9	the rebuttable presumption that a parent is a detriment to
10	his or her child if he or she is convicted of a crime
11	involving domestic violence; providing that the
12	presumption applies to a crime that is a misdemeanor of
13	the first degree or higher rather than to a crime that is
14	a felony of the third degree or higher; allowing the
15	modification of a parenting plan only upon a showing of
16	changed circumstances; requiring a court to make explicit
17	written findings that, when determining the best interests
18	of a child for the purposes of shared parental
19	responsibility and visitation, the court considered
20	evidence of domestic or sexual violence and child abuse,
21	abandonment, or neglect; amending s. 61.13001, F.S.,
22	relating to parental relocation; deleting terms and
23	redefining the terms "other person," "parent," and
24	"relocation"; substituting the term "access to" for
25	"visitation"; deleting provisions relating to the
26	requirement for a Notice of Intent to Relocate and
27	substituting procedures relating to filing a petition to
28	relocate; requiring a hearing on a motion seeking a
29	temporary relocation to be held within a certain time
30	period; providing for applicability of changes made by the
31	act; amending ss. 61.183, 61.20, 61.21, and 61.30, F.S.;
32	conforming terms; amending s. 741.30, F.S., relating to
33	domestic violence; authorizing a court to issue an ex
34	parte injunction that provides a temporary parenting plan;
35	providing an effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Subsections (13) and (14) of section 61.046,
40	Florida Statutes, are amended to read:
41	61.046  Definitions.--As used in this chapter, the term:
42	(13)  "Parenting plan" means a document created to govern
43	the relationship between the parents parties relating to the
44	decisions that must be made regarding the minor child and must
45	shall contain a time-sharing schedule for the parents and child.
46	The issues concerning the minor child may include, but are not
47	limited to, the child's education, health care, and physical,
48	social, and emotional well-being. In creating the plan, all
49	circumstances between the parents parties, including their the
50	parties' historic relationship, domestic violence, and other
51	factors must be taken into consideration.
52	(a)  The parenting plan must shall be:
53	1.  Developed and agreed to by the parents and approved by
54	a court; or,
55	2.  If the parents cannot agree or the plan is not approved
56	by the court, established by the court with or without the use
57	of a court-ordered parenting plan recommendation.
58	(b)(a)  Any parenting plan formulated under this chapter
59	must address all jurisdictional issues, including, but not
60	limited to, the Uniform Child Custody Jurisdiction and
61	Enforcement Act, part II of this chapter, the International
62	Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the
63	Parental Kidnapping Prevention Act, and the Convention on the
64	Civil Aspects of International Child Abduction enacted at the
65	Hague on October 25, 1980.
66	(c)(b)  For purposes of the application of the Uniform
67	Child Custody Jurisdiction and Enforcement Act, part II of this
68	chapter, a judgment or order incorporating a parenting plan
69	under this part is a child custody determination under part II
70	of this chapter.
71	(d)(c)  For purposes of the International Child Abduction
72	Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
73	the Civil Aspects of International Child Abduction, enacted at
74	the Hague on October 25, 1980, rights of custody are shall be
75	determined pursuant to under the parenting plan under this part.
76	(14)  "Parenting plan recommendation" means a nonbinding
77	recommendation relating to a parenting plan which is made by a
78	psychologist licensed under chapter 490, a psychotherapist
79	licensed under chapter 491, a guardian ad litem appointed
80	pursuant to s. 61.401, or a licensed mental health professional
81	appointed by the court pursuant to Rule 12.363, Florida Family
82	Law Rules of Procedure.
83	Section 2.  Paragraph (d) of subsection (1) and subsections
84	(2), (3), and (6) of section 61.13, Florida Statutes, are
85	amended, to read:
86	61.13  Support of children; parenting and time-sharing;
87	powers of court.--
88	(1)
89	(d)1.  Unless the provisions of subparagraph 2. 3. apply,
90	all child support orders must require entered on or after
91	January 1, 1985, shall direct that child support the payments be
92	made of child support be made as provided in s. 61.181 through
93	the depository in the county where the court is located as
94	provided in s. 61.181. All child support orders must shall
95	provide the full name and date of birth of each minor child who
96	is the subject of the child support order.
97	2.  Unless the provisions of subparagraph 3. apply, all
98	child support orders entered before January 1, 1985, shall be
99	modified by the court to direct that payments of child support
100	shall be made through the depository in the county where the
101	court is located upon the subsequent appearance of either or
102	both parents to modify or enforce the order, or in any related
103	proceeding.
104	2.3.  If both parties request and the court finds that it
105	is in the best interest of the child, support payments need not
106	be directed through the depository. The order of support must
107	shall provide, or shall be deemed to provide, that either party
108	may subsequently apply to the depository to require that
109	direction of the payments be made through the depository. The
110	court shall provide a copy of the order to the depository.
111	3.4.  If the parties elect not to require that support
112	payments be made through the depository, any party may
113	subsequently file an affidavit with the depository alleging a
114	default in payment of child support and stating that the party
115	wishes to require that payments be made through the depository.
116	The party shall provide copies of the affidavit to the court and
117	to the each other party. Fifteen days after receipt of the
118	affidavit, the depository shall notify both parties that future
119	payments must shall be paid through the depository.
120	4.5.  In IV-D cases, the IV-D agency has shall have the
121	same rights as the obligee in requesting that payments be made
122	through the depository.
123	(2)(a)  The court may shall have jurisdiction to approve,
124	grant, or modify a parenting plan, notwithstanding that the
125	child is not physically present in this state at the time of
126	filing any proceeding under this chapter, if it appears to the
127	court that the child was removed from this state for the primary
128	purpose of removing the child from the court's jurisdiction of
129	the court in an attempt to avoid the court's approval, creation,
130	or modification of a parenting plan.
131	(b)  A Any parenting plan approved by the court must, at a
132	minimum, describe in adequate detail how the parents will share
133	and be responsible for the daily tasks associated with the
134	upbringing of the child;, the time-sharing schedule arrangements
135	that specify the time that the minor child will spend with each
136	parent;, a designation of who will be responsible for any and
137	all forms of health care, school-related matters, including the
138	address to be used for school-boundary determination and
139	registration, and other activities;, and the methods and
140	technologies that the parents will use to communicate with the
141	child.
142	(c)1.  The court shall determine all matters relating to
143	parenting and time-sharing of each minor child of the parties in
144	accordance with the best interests of the child and in
145	accordance with the Uniform Child Custody Jurisdiction and
146	Enforcement Act.
147	1.  It is the public policy of this state to assure that
148	each minor child has frequent and continuing contact with both
149	parents after the parents separate or the marriage of the
150	parties is dissolved and to encourage parents to share the
151	rights and responsibilities, and joys, of childrearing. There is
152	no presumption for or against the father or mother of the child
153	when creating or modifying the parenting plan of the child.
154	2.  The court shall order that the parental responsibility
155	for a minor child be shared by both parents unless the court
156	finds that shared parental responsibility would be detrimental
157	to the child. Evidence that a parent has been convicted of a
158	misdemeanor felony of the first third degree or higher involving
159	domestic violence, as defined in s. 741.28 and chapter 775, or
160	meets the criteria of s. 39.806(1)(d), creates a rebuttable
161	presumption of detriment to the child. If the presumption is not
162	rebutted, shared parental responsibility, including time-sharing
163	with the child, and decisions made regarding the child, may not
164	be granted to the convicted parent. However, the convicted
165	parent is not relieved of any obligation to provide financial
166	support. If the court determines that shared parental
167	responsibility would be detrimental to the child, it may order
168	sole parental responsibility and make such arrangements for
169	time-sharing as specified in the parenting plan as will best
170	protect the child or abused spouse from further harm. Whether or
171	not there is a conviction of any offense of domestic violence or
172	child abuse or the existence of an injunction for protection
173	against domestic violence, the court shall consider evidence of
174	domestic violence or child abuse as evidence of detriment to the
175	child.
176	a.  In ordering shared parental responsibility, the court
177	may consider the expressed desires of the parents and may grant
178	to one party the ultimate responsibility over specific aspects
179	of the child's welfare or may divide those responsibilities
180	between the parties based on the best interests of the child.
181	Areas of responsibility may include education, health care, and
182	any other responsibilities that the court finds unique to a
183	particular family.
184	b.  The court shall order "sole parental responsibility for
185	a minor child to one parent, with or without time-sharing with
186	the other parent if" when it is in the best interests of the
187	minor child.
188	3.  Access to records and information pertaining to a minor
189	child, including, but not limited to, medical, dental, and
190	school records, may not be denied to either parent. Full rights
191	under this subparagraph apply to either parent unless a court
192	order specifically revokes these rights, including any
193	restrictions on these rights as provided in a domestic violence
194	injunction. A parent having rights under this subparagraph has
195	the same rights upon request as to form, substance, and manner
196	of access as are available to the other parent of a child,
197	including, without limitation, the right to in-person
198	communication with medical, dental, and education providers.
199	(d)  The circuit court in the county in which either parent
200	and the child reside or the circuit court in which the original
201	order approving or creating the parenting plan was entered may
202	has jurisdiction to modify the parenting plan. The court may
203	change the venue in accordance with s. 47.122.
204	(3)  For purposes of establishing or modifying parental
205	responsibility and creating, developing, approving, or modifying
206	a parenting plan, including a time-sharing schedule, which
207	governs each parent's relationship with his or her minor child
208	and the relationship between each parent with regard to his or
209	her minor child, the best interest of the child shall be the
210	primary consideration. However, any modification of the plan
211	requires a showing of a substantial, involuntary change in
212	circumstances before determining the child's best interests.
213	Determination of the best interests of the child shall be made
214	by evaluating all of the factors affecting the welfare and
215	interests of the minor child, including, but not limited to:
216	(a)  The demonstrated capacity and disposition of each
217	parent to facilitate and encourage a close and continuing
218	parent-child relationship, to honor the time-sharing schedule,
219	and to be reasonable when changes are required.
220	(b)  The anticipated division of parental responsibilities
221	after the litigation, including the extent to which parental
222	responsibilities will be delegated to third parties.
223	(c)  The demonstrated capacity and disposition of each
224	parent to determine, consider, and act upon the needs of the
225	child as opposed to the needs or desires of the parent.
226	(d)  The length of time the child has lived in a stable,
227	satisfactory environment and the desirability of maintaining
228	continuity.
229	(e)  The geographic viability of the parenting plan, with
230	special attention paid to the needs of school-age children and
231	the amount of time to be spent traveling to effectuate the
232	parenting plan. This factor does not create a presumption for or
233	against relocation of either parent with a child.
234	(f)  The moral fitness of the parents.
235	(g)  The mental and physical health of the parents.
236	(h)  The home, school, and community record of the child.
237	(i)  The reasonable preference of the child, if the court
238	deems the child to be of sufficient intelligence, understanding,
239	and experience to express a preference.
240	(j)  The demonstrated knowledge, capacity, and disposition
241	of each parent to be informed of the circumstances of the minor
242	child, including, but not limited to, the child's friends,
243	teachers, medical care providers, daily activities, and favorite
244	things.
245	(k)  The demonstrated capacity and disposition of each
246	parent to provide a consistent routine for the child, such as
247	discipline, and daily schedules for homework, meals, and
248	bedtime.
249	(l)  The demonstrated capacity of each parent to
250	communicate with and keep the other parent informed of issues
251	and activities regarding the minor child, and the willingness of
252	each parent to adopt a unified front on all major issues when
253	dealing with the child.
254	(m)  Evidence of domestic violence, sexual violence, child
255	abuse, child abandonment, or child neglect, regardless of
256	whether a prior or pending action relating to those issues has
257	been brought. If the court accepts evidence of prior or pending
258	actions regarding domestic violence, sexual violence, child
259	abuse, child abandonment, or child neglect, the court must
260	specifically acknowledge in writing that such evidence was
261	considered when evaluating the best interests of the child.
262	(n)  Evidence that either parent has knowingly provided
263	false information to the court regarding any prior or pending
264	action regarding domestic violence, sexual violence, child
265	abuse, child abandonment, or child neglect.
266	(o)  The particular parenting tasks customarily performed
267	by each parent and the division of parental responsibilities
268	before the institution of litigation and during the pending
269	litigation, including the extent to which parenting
270	responsibilities were undertaken by third parties.
271	(p)  The demonstrated capacity and disposition of each
272	parent to participate and be involved in the child's school and
273	extracurricular activities.
274	(q)  The demonstrated capacity and disposition of each
275	parent to maintain an environment for the child which is free
276	from substance abuse.
277	(r)  The capacity and disposition of each parent to protect
278	the child from the ongoing litigation as demonstrated by not
279	discussing the litigation with the child, not sharing documents
280	or electronic media related to the litigation with the child,
281	and refraining from disparaging comments about the other parent
282	to the child.
283	(s)  The developmental stages and needs of the child and
284	the demonstrated capacity and disposition of each parent to meet
285	the child's developmental needs.
286	(t)  Any other factor that is relevant to the determination
287	of a specific parenting plan, including the time-sharing
288	schedule.
289	(6)  In any proceeding under this section, the court may
290	not deny shared parental responsibility and time-sharing rights
291	to a parent solely because that parent is or is believed to be
292	infected with human immunodeficiency virus, but the court may,
293	condition such rights to require that parent in an order
294	approving the parenting plan, require that parent to observe
295	measures approved by the Centers for Disease Control and
296	Prevention of the United States Public Health Service or by the
297	Department of Health for preventing the spread of human
298	immunodeficiency virus to the child.
299	Section 3.  Section 61.13001, Florida Statutes, is amended
300	to read:
301	61.13001  Parental relocation with a child.--
302	(1)  DEFINITIONS.--As used in this section, the term:
303	(a)  "Change of residence address" means the relocation of
304	a child to a principal residence more than 50 miles away from
305	his or her principal place of residence at the time of the entry
306	of the last order establishing or modifying the parenting plan
307	or the time-sharing schedule or both for the minor child, unless
308	the move places the principal residence of the minor child less
309	than 50 miles from either parent.
310	(a)(b)  "Child" means any person who is under the
311	jurisdiction of a state court pursuant to the Uniform Child
312	Custody Jurisdiction and Enforcement Act or is the subject of
313	any order granting to a parent or other person any right to
314	time-sharing, residential care, kinship, or custody, as provided
315	under state law.
316	(b)(c)  "Court" means the circuit court in an original
317	proceeding which has proper venue and jurisdiction in accordance
318	with the Uniform Child Custody Jurisdiction and Enforcement Act,
319	the circuit court in the county in which either parent and the
320	child reside, or the circuit court in which the original action
321	was adjudicated.
322	(c)(d)  "Other person" means an individual who is not the
323	parent, but with whom the child resides pursuant to and who, by
324	court order, maintains the primary residence of a child or who
325	has the right of access to and time-sharing with the visitation
326	rights with a child.
327	(d)(e)  "Parent" means any person so named by court order
328	or express written agreement who that is subject to court
329	enforcement, or a person reflected as a parent on a birth
330	certificate and who is entitled to access to or time-sharing
331	with the child in whose home a child maintains a residence.
332	(e)(f)  "Relocation" means a change in the location of the
333	principal residence of a parent or other person from his or her
334	principal place of residence at the time of the last order
335	establishing or modifying time-sharing or at the time of filing
336	a pending action to establish or modify time-sharing. The change
337	of location must be at least 50 miles from the original place of
338	residence and for at least child for a period of 60 consecutive
339	days, not including or more but does not include a temporary
340	absence from the principal residence for purposes of vacation,
341	education, or the provision of health care for the child.
342	(2)  RELOCATION BY AGREEMENT.--
343	(a)  If the parents and every other person entitled to
344	access to or time-sharing with the child agree to the relocation
345	of the child, they may satisfy the requirements of this section
346	by signing a written agreement that:
347	1.  Reflects the consent to the relocation;
348	2.  Defines an access or a time-sharing schedule for the
349	nonrelocating parent and any other persons who are entitled to
350	access or time-sharing; and
351	3.  Describes, if necessary, any transportation
352	arrangements related to access or time-sharing the visitation.
353	(b)  If there is an existing cause of action, judgment, or
354	decree of record pertaining to the child's residence or a time-
355	sharing schedule, the parties shall seek ratification of the
356	agreement by court order without the necessity of an evidentiary
357	hearing unless a hearing is requested, in writing, by one or
358	more of the parties to the agreement within 10 days after the
359	date the agreement is filed with the court. If a hearing is not
360	timely requested, it is shall be presumed that the relocation is
361	in the best interest of the child and the court may ratify the
362	agreement without an evidentiary hearing.
363	(3)  PETITION NOTICE OF INTENT TO RELOCATE WITH A
364	CHILD.--Unless an agreement has been entered as described in
365	subsection (2), a parent or other person seeking relocation must
366	file a petition to relocate and serve it upon who is entitled to
367	time-sharing with the child shall notify the other parent, and
368	every other person entitled to access to or time-sharing with
369	the child, of a proposed relocation of the child's residence.
370	The pleadings must be in accordance with form of notice shall be
371	according to this section:
372	(a)  The petition to relocate must be signed under oath
373	under penalty of perjury and include parent seeking to relocate
374	shall prepare a Notice of Intent to Relocate. The following
375	information must be included with the Notice of Intent to
376	Relocate and signed under oath under penalty of perjury:
377	1.  A description of the location of the intended new
378	residence, including the state, city, and specific physical
379	address, if known.
380	2.  The mailing address of the intended new residence, if
381	not the same as the physical address, if known.
382	3.  The home telephone number of the intended new
383	residence, if known.
384	4.  The date of the intended move or proposed relocation.
385	5.  A detailed statement of the specific reasons for the
386	proposed relocation of the child. If one of the reasons is based
387	upon a job offer that which has been reduced to writing, the
388	that written job offer must be attached to the petition Notice
389	of Intent to Relocate.
390	6.  A proposal for the revised postrelocation schedule for
391	access and of time-sharing together with a proposal for the
392	postrelocation transportation arrangements necessary to
393	effectuate time-sharing with the child. Absent the existence of
394	a current, valid order abating, terminating, or restricting
395	access or time-sharing visitation or other good cause predating
396	the petition Notice of Intent to Relocate, failure to comply
397	with this provision renders the petition Notice of Intent to
398	relocate legally insufficient.
399	7.  Substantially the following statement, in all capital
400	letters and in the same size type, or larger, as the type in the
401	remainder of the notice:
402
403	AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
404	FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
405	SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
406	OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
407	RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
408	THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
409	WITHOUT A HEARING.
410	8.  The mailing address of the parent or other person
411	seeking to relocate to which the objection filed under
412	subsection (5) to the Notice of Intent to Relocate should be
413	sent.
414
415	The contents of the Notice of Intent to Relocate are not
416	privileged. For purposes of encouraging amicable resolution of
417	the relocation issue, a copy of the Notice of Intent to Relocate
418	shall initially not be filed with the court but instead served
419	upon the nonrelocating parent, other person, and every other
420	person entitled to time-sharing with the child, and the original
421	thereof shall be maintained by the parent or other person
422	seeking to relocate.
423	(b)  The parent seeking to relocate shall also prepare a
424	Certificate of Serving Notice of Intent to Relocate. The
425	certificate shall certify the date that the Notice of Intent to
426	Relocate was served on the other parent and on every other
427	person entitled to time-sharing with the child.
428	(b)(c)  The petition Notice of Intent to relocate must, and
429	the Certificate of Serving Notice of Intent to Relocate, shall
430	be served on the other parent and on every other person entitled
431	to access to and time-sharing with the child. If there is a
432	pending court action regarding the child, service of process may
433	be according to court rule. Otherwise, service of process shall
434	be according to chapters 48 and 49 or via certified mail,
435	restricted delivery, return receipt requested.
436	(c)(d)  A parent or other person seeking to relocate giving
437	notice of a proposed relocation or change of residence address
438	under this section has a continuing duty to provide current and
439	updated information required by this section when that
440	information becomes known.
441	(d)(e)  If the other parent and any other person entitled
442	to access to or time-sharing with the child fails to timely
443	respond to the petition to relocate file an objection, it is
444	shall be presumed that the relocation is in the best interest of
445	the child, that the relocation should shall be allowed, and that
446	the court shall, absent good cause, enter an order, attaching a
447	copy of the Notice of Intent to Relocate, reflecting that the
448	order is entered as a result of the failure to respond to the
449	petition object to the Notice of Intent to Relocate, and
450	adopting the access and time-sharing schedule and transportation
451	arrangements contained in the petition Notice of Intent to
452	Relocate. The order may be issued issue in an expedited manner
453	without the necessity of an evidentiary hearing. If a response
454	an objection is timely filed, the parent or other person may not
455	relocate, and must proceed to a temporary hearing or trial and
456	the burden returns to the parent or person seeking to relocate
457	to initiate court proceedings to obtain court permission to
458	relocate before doing so.
459	(f)  The act of Relocating the child without complying
460	after failure to comply with the requirements of notice of
461	intent to relocate procedure described in this subsection
462	subjects the party in violation thereof to contempt and other
463	proceedings to compel the return of the child and may be taken
464	into account by the court in any initial or postjudgment action
465	seeking a determination or modification of the parenting plan or
466	the access or the time-sharing schedule, or both, as:
467	1.  A factor in making a determination regarding the
468	relocation of a child.
469	2.  A factor in determining whether the parenting plan or
470	the access or time-sharing schedule should be modified.
471	3.  A basis for ordering the temporary or permanent return
472	of the child.
473	4.  Sufficient cause to order the parent or other person
474	seeking to relocate the child to pay reasonable expenses and
475	attorney's fees incurred by the party objecting to the
476	relocation.
477	5.  Sufficient cause for the award of reasonable attorney's
478	fees and costs, including interim travel expenses incident to
479	access or time-sharing or securing the return of the child.
480	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
481	other person seeking to relocate a child, or the child, is
482	entitled to prevent disclosure of location information under a
483	any public records exemption applicable to that person, the
484	court may enter any order necessary to modify the disclosure
485	requirements of this section in compliance with the public
486	records exemption.
487	(5)  CONTENT OF OBJECTION TO RELOCATION.--An answer
488	objecting to a proposed relocation objection seeking to prevent
489	the relocation of a child must be verified and served within 30
490	days after service of the Notice of Intent to Relocate. The
491	objection must include the specific factual basis supporting the
492	reasons for seeking a prohibition of the relocation, including a
493	statement of the amount of participation or involvement the
494	objecting party currently has or has had in the life of the
495	child.
496	(6)  TEMPORARY ORDER.--
497	(a)  The court may grant a temporary order restraining the
498	relocation of a child, order or ordering the return of the
499	child, if a relocation has previously taken place, or order
500	other appropriate remedial relief, if the court finds:
501	1.  The petition to relocate is not in accordance with
502	subsection (3) The required notice of a proposed relocation of a
503	child was not provided in a timely manner;
504	2.  The child already has been relocated without notice or
505	written agreement of the parties or without court approval; or
506	3.  From an examination of the evidence presented at the
507	preliminary hearing that there is a likelihood that upon final
508	hearing the court will not approve the relocation of the child.
509	(b)  The court may grant a temporary order permitting the
510	relocation of the child pending final hearing, if the court
511	finds:
512	1.  Finds That the petition required Notice of Intent to
513	relocate was properly filed and is otherwise in accordance with
514	subsection (3) provided in a timely manner; and
515	2.  Finds From an examination of the evidence presented at
516	the preliminary hearing, that there is a likelihood that on
517	final hearing the court will approve the relocation of the
518	child, which findings must be supported by the same factual
519	basis as would be necessary to support approving the permitting
520	of relocation in a final judgment.
521	(c)  If the court has issued a temporary order authorizing
522	a party seeking to relocate or move a child before a final
523	judgment is rendered, the court may not give any weight to the
524	temporary relocation as a factor in reaching its final decision.
525	(d)  If temporary relocation of a child is approved
526	permitted, the court may require the person relocating the child
527	to provide reasonable security, financial or otherwise, and
528	guarantee that the court-ordered contact with the child will not
529	be interrupted or interfered with by the relocating party.
530	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
531	RELOCATION.--A presumption does not arise in favor of or against
532	a request to relocate with the child does not arise if when a
533	parent or other person seeks to relocate move the child and the
534	move will materially affect the current schedule of contact,
535	access, and time-sharing with the nonrelocating parent or other
536	person. In reaching its decision regarding a proposed temporary
537	or permanent relocation, the court shall evaluate all of the
538	following factors:
539	(a)  The nature, quality, extent of involvement, and
540	duration of the child's relationship with the parent or other
541	person proposing to relocate with the child and with the
542	nonrelocating parent or other person, other persons, siblings,
543	half-siblings, and other significant persons in the child's
544	life.
545	(b)  The age and developmental stage of the child, the
546	needs of the child, and the likely impact the relocation will
547	have on the child's physical, educational, and emotional
548	development, taking into consideration any special needs of the
549	child.
550	(c)  The feasibility of preserving the relationship between
551	the nonrelocating parent or other person and the child through
552	substitute arrangements that take into consideration the
553	logistics of contact, access, and time-sharing, as well as the
554	financial circumstances of the parties; whether those factors
555	are sufficient to foster a continuing meaningful relationship
556	between the child and the nonrelocating parent or other person;
557	and the likelihood of compliance with the substitute
558	arrangements by the relocating parent or other person once he or
559	she is out of the court's jurisdiction of the court.
560	(d)  The child's preference, taking into consideration the
561	age and maturity of the child.
562	(e)  Whether the relocation will enhance the general
563	quality of life for both the parent or other person seeking the
564	relocation and the child, including, but not limited to,
565	financial or emotional benefits or educational opportunities.
566	(f)  The reasons of each parent or other person is for
567	seeking or opposing the relocation.
568	(g)  The current employment and economic circumstances of
569	each parent or other person and whether or not the proposed
570	relocation is necessary to improve the economic circumstances of
571	the parent or other person seeking relocation of the child.
572	(h)  That the relocation is sought in good faith and the
573	extent to which the objecting parent has fulfilled his or her
574	financial obligations to the parent or other person seeking
575	relocation, including child support, spousal support, and
576	marital property and marital debt obligations.
577	(i)  The career and other opportunities available to the
578	objecting parent or objecting other person if the relocation
579	occurs.
580	(j)  A history of substance abuse or domestic violence as
581	defined in s. 741.28 or which meets the criteria of s.
582	39.806(1)(d) by either parent, including a consideration of the
583	severity of such conduct and the failure or success of any
584	attempts at rehabilitation.
585	(k)  Any other factor affecting the best interest of the
586	child or as set forth in s. 61.13.
587	(8)  BURDEN OF PROOF.--The parent or other person wishing
588	to relocate has the burden of proving proof if an objection is
589	filed and must then initiate a proceeding seeking court
590	permission for relocation. The initial burden is on the parent
591	or person wishing to relocate to prove by a preponderance of the
592	evidence that relocation is in the best interest of the child.
593	If that burden of proof is met, the burden shifts to the
594	nonrelocating parent or other person to show by a preponderance
595	of the evidence that the proposed relocation is not in the best
596	interest of the child.
597	(9)  ORDER REGARDING RELOCATION.--If relocation is approved
598	permitted:
599	(a)  The court may, in its discretion, order contact with
600	the nonrelocating parent or other person, including access,
601	time-sharing, telephone, Internet, webcam, and other
602	arrangements sufficient to ensure that the child has frequent,
603	continuing, and meaningful contact, access, and time-sharing
604	with the nonrelocating parent or other person persons, if
605	contact is financially affordable and in the best interest of
606	the child.
607	(b)  If applicable, the court shall specify how the
608	transportation costs are to will be allocated between the
609	parents and other persons entitled to contact, access, and time-
610	sharing and may adjust the child support award, as appropriate,
611	considering the costs of transportation and the respective net
612	incomes of the parents or other persons in accordance with the
613	state child support guidelines schedule.
614	(10)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary
615	hearing or nonjury trial on a pleading seeking temporary or
616	permanent relief filed under this section shall be accorded
617	priority on the court's calendar. If a motion seeking a
618	temporary relocation is filed, absent good cause, the hearing
619	must occur within 30 days. Once the notice to set cause for a
620	nonjury trial is filed, absent good cause, the nonjury trial
621	must occur within 90 days.
622	(11)  APPLICABILITY.--
623	(a)  This section applies:
624	1.  To orders entered before October 1, 2009 2006, if the
625	existing order defining custody, primary residence, the
626	parenting plan, time-sharing, or access to visitation of or with
627	the child does not expressly govern the relocation of the child.
628	2.  To an order, whether temporary or permanent, regarding
629	the parenting plan, custody, primary residence, time-sharing, or
630	access to visitation of or with the child entered on or after
631	October 1, 2009 2006.
632	3.  To any relocation or proposed relocation, whether
633	permanent or temporary, of a child during any proceeding pending
634	on October 1, 2009 2006, wherein the parenting plan, custody,
635	primary residence, time-sharing, or access to visitation of or
636	with the child is an issue.
637	(b)  To the extent that a provision of this section
638	conflicts with an order existing on October 1, 2009 2006, this
639	section does not apply to the terms of that order which
640	expressly govern relocation of the child or a change in the
641	principal residence address of a parent or other person.
642	Section 4.  Subsection (1) of section 61.183, Florida
643	Statutes, is amended to read:
644	61.183  Mediation of certain contested issues.--
645	(1)  In any proceeding in which the issues of parental
646	responsibility, primary residence, access to visitation, or
647	support of a child are contested, the court may refer the
648	parties to mediation in accordance with rules promulgated by the
649	Supreme Court. In Title IV-D cases, any costs, including filing
650	fees, recording fees, mediation costs, service of process fees,
651	and other expenses incurred by the clerk of the circuit court,
652	shall be assessed only against the nonprevailing obligor after
653	the court makes a determination of the nonprevailing obligor's
654	ability to pay such costs and fees.
655	Section 5.  Subsection (3) of section 61.20, Florida
656	Statutes, is amended to read:
657	61.20  Social investigation and recommendations regarding a
658	parenting plan.--
659	(3)  Except as to persons who obtain certification of
660	indigence as provided specified in subsection (2), for whom no
661	costs are shall be incurred, the parents adult parties involved
662	in a proceeding to determine a parenting plan where wherein the
663	court has ordered the performance of a social investigation and
664	study are shall be responsible for the payment of the costs of
665	such investigation and study. Upon submission of the study to
666	the court, the agency, staff, or person performing the study
667	shall include a bill for services, which shall be taxed and
668	ordered paid as costs in the proceeding.
669	Section 6.  Paragraph (a) of subsection (2) and subsections
670	(5) and (9) of section 61.21, Florida Statutes, are amended to
671	read:
672	61.21  Parenting course authorized; fees; required
673	attendance authorized; contempt.--
674	(2)  The Department of Children and Family Services shall
675	approve a parenting course which shall be a course of a minimum
676	of 4 hours designed to educate, train, and assist divorcing
677	parents in regard to the consequences of divorce on parents and
678	children.
679	(a)  The parenting course referred to in this section shall
680	be named the Parent Education and Family Stabilization Course
681	and may include, but need not be limited to, the following
682	topics as they relate to court actions between parents involving
683	custody, care, access to visitation, and support of a child or
684	children:
685	1.  Legal aspects of deciding child-related issues between
686	parents.
687	2.  Emotional aspects of separation and divorce on adults.
688	3.  Emotional aspects of separation and divorce on
689	children.
690	4.  Family relationships and family dynamics.
691	5.  Financial responsibilities to a child or children.
692	6.  Issues regarding spousal or child abuse and neglect.
693	7.  Skill-based relationship education that may be
694	generalized to parenting, workplace, school, neighborhood, and
695	civic relationships.
696	(5)  All parties required to complete a parenting course
697	under this section shall begin the course as expeditiously as
698	possible. For dissolution of marriage actions, unless excused by
699	the court pursuant to subsection (4), the petitioner must
700	complete the course within 45 days after the filing of the
701	petition, and all other parties must complete the course within
702	45 days after service of the petition. For paternity actions,
703	unless excused by the court pursuant to subsection (4), the
704	petitioner must complete the course within 45 days after filing
705	the petition, and any other party must complete the course
706	within 45 days after an acknowledgment of paternity by that
707	party, an adjudication of paternity of that party, or an order
708	granting access visitation to or support from that party. Each
709	party to a dissolution or paternity action shall file proof of
710	compliance with this subsection with the court prior to the
711	entry of the final judgment.
712	(9)  The court may hold any parent who fails to attend a
713	required parenting course in contempt, or that parent may be
714	denied shared parental responsibility or access visitation or
715	otherwise sanctioned as the court deems appropriate.
716	Section 7.  Paragraph (b) of subsection (11) of section
717	61.30, Florida Statutes, is amended to read:
718	61.30  Child support guidelines; retroactive child
719	support.--
720	(11)
721	(b)  Whenever a particular parenting plan provides that
722	each child spend a substantial amount of time with each parent,
723	the court shall adjust any award of child support, as follows:
724	1.  In accordance with subsections (9) and (10), calculate
725	the amount of support obligation apportioned to each parent
726	without including day care and health insurance costs in the
727	calculation and multiply the amount by 1.5.
728	2.  Calculate the percentage of overnight stays the child
729	spends with each parent.
730	3.  Multiply each parent's support obligation as calculated
731	in subparagraph 1. by the percentage of the other parent's
732	overnight stays with the child as calculated in subparagraph 2.
733	4.  The difference between the amounts calculated in
734	subparagraph 3. shall be the monetary transfer necessary between
735	the parents for the care of the child, subject to an adjustment
736	for day care and health insurance expenses.
737	5.  Pursuant to subsections (7) and (8), calculate the net
738	amounts owed by each parent for the expenses incurred for day
739	care and health insurance coverage for the child. Day care shall
740	be calculated without regard to the 25-percent reduction applied
741	by subsection (7).
742	6.  Adjust the support obligation owed by each parent
743	pursuant to subparagraph 4. by crediting or debiting the amount
744	calculated in subparagraph 5. This amount represents the child
745	support which must be exchanged between the parents.
746	7.  The court may deviate from the child support amount
747	calculated pursuant to subparagraph 6. based upon the deviation
748	factors in paragraph (a), as well as the obligee parent's low
749	income and ability to maintain the basic necessities of the home
750	for the child, the likelihood that either parent will actually
751	exercise the time-sharing schedule set forth in the parenting
752	plan granted by the court, and whether all of the children are
753	exercising the same time-sharing schedule.
754	8.  For purposes of adjusting any award of child support
755	under this paragraph, "substantial amount of time" means that a
756	parent exercises access visitation at least 40 percent of the
757	overnights of the year.
758	Section 8.  Paragraph (a) of subsection (5) of section
759	741.30, Florida Statutes, is amended to read:
760	741.30  Domestic violence; injunction; powers and duties of
761	court and clerk; petition; notice and hearing; temporary
762	injunction; issuance of injunction; statewide verification
763	system; enforcement.--
764	(5)(a)  If When it appears to the court that an immediate
765	and present danger of domestic violence exists, the court may
766	grant a temporary injunction ex parte, pending a full hearing,
767	and may grant such relief as the court deems proper, including
768	an injunction:
769	1.  Restraining the respondent from committing any acts of
770	domestic violence.
771	2.  Awarding to the petitioner the temporary exclusive use
772	and possession of the dwelling that the parties share or
773	excluding the respondent from the residence of the petitioner.
774	3.  On the same basis as provided in s. 61.13, providing
775	the petitioner a temporary parenting plan, including a time-
776	sharing schedule, which may award the petitioner up to with 100
777	percent of the time-sharing. The temporary parenting plan
778	remains that shall remain in effect until the order expires or
779	an order is entered by a court of competent jurisdiction in a
780	pending or subsequent civil action or proceeding affecting the
781	placement of, access to, parental time with, adoption of, or
782	parental rights and responsibilities for the minor child.
783	Section 9.  This act shall take effect July 1, 2009.

CODING: Words stricken are deletions; words underlined are additions.