CS/HB 541

1	A bill to be entitled
2	An act relating to parental responsibility and time-
3	sharing; amending s. 61.046, F.S.; redefining the terms
4	"parenting plan" and "parenting plan recommendation";
5	amending s. 61.13, F.S., relating to child support,
6	parenting plans, and time-sharing; deleting obsolete
7	provisions; providing conditions under which support
8	payments are not subject to immediate income deduction;
9	providing that payment of certain support orders be made
10	to the State Disbursement Unit; requiring a parenting plan
11	to include the address to be used for determining school
12	boundaries; revising the elements of the rebuttable
13	presumption that shared parental responsibility is
14	detrimental to a child when a parent is convicted of a
15	crime involving domestic violence; providing that the
16	presumption applies to a crime that is a misdemeanor of
17	the first degree or higher rather than to a crime that is
18	a felony of the third degree or higher; allowing the
19	modification of a parenting plan only upon a showing of
20	substantially changed circumstances; requiring a court to
21	make explicit written findings if, when determining the
22	best interests of a child for the purposes of shared
23	parental responsibility and visitation, the court
24	considered evidence of domestic or sexual violence and
25	child abuse, abandonment, or neglect; amending s.
26	61.13001, F.S., relating to parental relocation with a
27	child; deleting a definition and redefining the terms
28	"other person," "parent," and "relocation"; substituting
29	the term "access to" for "visitation"; revising provisions
30	relating to a petition to relocate and responses thereto;
31	revising the time period within which a response to the
32	petition objecting to relocation must be made; requiring a
33	hearing on a motion seeking a temporary relocation to be
34	held within a certain time period; providing for
35	applicability of changes made by the act; amending ss.
36	61.183, 61.20, 61.21, and 61.30, F.S.; conforming
37	provisions to changes made by the act; amending s. 741.30,
38	F.S., relating to domestic violence; authorizing a court
39	to issue an ex parte injunction that provides a temporary
40	parenting plan; providing an effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1.  Subsections (13) and (14) of section 61.046,
45	Florida Statutes, are amended to read:
46	61.046  Definitions.--As used in this chapter, the term:
47	(13)  "Parenting plan" means a document created to govern
48	the relationship between the parents parties relating to the
49	decisions that must be made regarding the minor child and shall
50	contain a time-sharing schedule for the parents and child. The
51	issues concerning the minor child may include, but are not
52	limited to, the child's education, health care, and physical,
53	social, and emotional well-being. In creating the plan, all
54	circumstances between the parents parties, including their the
55	parties' historic relationship, domestic violence, and other
56	factors must be taken into consideration.
57	(a)  The parenting plan shall be:
58	1.  Developed and agreed to by the parents and approved by
59	a court; or,
60	2.  If the parents cannot agree or their agreed-upon plan
61	is not approved by the court, established by the court with or
62	without the use of a court-ordered parenting plan
63	recommendation.
64	(b)(a)  Any parenting plan formulated under this chapter
65	must address all jurisdictional issues, including, but not
66	limited to, the Uniform Child Custody Jurisdiction and
67	Enforcement Act, part II of this chapter, the International
68	Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the
69	Parental Kidnapping Prevention Act, and the Convention on the
70	Civil Aspects of International Child Abduction enacted at the
71	Hague on October 25, 1980.
72	(c)(b)  For purposes of the application of the Uniform
73	Child Custody Jurisdiction and Enforcement Act, part II of this
74	chapter, a judgment or order incorporating a parenting plan
75	under this part is a child custody determination under part II
76	of this chapter.
77	(d)(c)  For purposes of the International Child Abduction
78	Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
79	the Civil Aspects of International Child Abduction, enacted at
80	the Hague on October 25, 1980, rights of custody and rights of
81	access are shall be determined pursuant to under the parenting
82	plan under this part.
83	(14)  "Parenting plan recommendation" means a nonbinding
84	recommendation concerning one or more elements of a parenting
85	plan made by a person who has been appointed pursuant to s.
86	61.20(2), by a guardian ad litem appointed pursuant to s.
87	61.401, or by a licensed mental health professional appointed by
88	the court psychologist licensed under chapter 490.
89	Section 2.  Paragraph (d) of subsection (1) and subsections
90	(2), (3), and (6) of section 61.13, Florida Statutes, are
91	amended to read:
92	61.13  Support of children; parenting and time-sharing;
93	powers of court.--
94	(1)
95	(d)1.  Unless the provisions of subparagraph 3. apply, all
96	child support orders entered on or after January 1, 1985, shall
97	direct that the payments of child support be made as provided in
98	s. 61.181 through the depository in the county where the court
99	is located. All child support orders shall provide the full name
100	and date of birth of each minor child who is the subject of the
101	child support order.
102	2.  Unless the provisions of subparagraph 3. apply, all
103	child support orders entered before January 1, 1985, shall be
104	modified by the court to direct that payments of child support
105	shall be made through the depository in the county where the
106	court is located upon the subsequent appearance of either or
107	both parents to modify or enforce the order, or in any related
108	proceeding.
109	2.3.  If both parties request and the court finds that it
110	is in the best interest of the child, support payments need not
111	be subject to immediate income deduction. Support orders that
112	are not subject to immediate income deduction may be directed
113	through the depository under s. 61.181. Payments for all support
114	orders that provide for immediate income deduction shall be made
115	to the State Disbursement Unit. The order of support shall
116	provide, or shall be deemed to provide, that either party may
117	subsequently apply to the depository to require direction of the
118	payments through the depository. The court shall provide a copy
119	of the order to the depository.
120	3.4.  For support orders that do not provide for immediate
121	income deduction if the parties elect not to require that
122	support payments be made through the depository, any party, or
123	the IV-D agency in a IV-D case, may subsequently file an
124	affidavit with the State Disbursement Unit depository alleging a
125	default in payment of child support and stating that the party
126	wishes to require that payments be made through the State
127	Disbursement Unit depository. The party shall provide copies of
128	the affidavit to the court and to each other party. Fifteen days
129	after receipt of the affidavit, the State Disbursement Unit
130	depository shall notify all both parties that future payments
131	shall be paid through the State Disbursement Unit depository.
132	5.  In IV-D cases, the IV-D agency shall have the same
133	rights as the obligee in requesting that payments be made
134	through the depository.
135	(2)(a)  The court may shall have jurisdiction to approve,
136	grant, or modify a parenting plan, notwithstanding that the
137	child is not physically present in this state at the time of
138	filing any proceeding under this chapter, if it appears to the
139	court that the child was removed from this state for the primary
140	purpose of removing the child from the court's jurisdiction of
141	the court in an attempt to avoid the court's approval, creation,
142	or modification of a parenting plan.
143	(b)  A Any parenting plan approved by the court shall must,
144	at a minimum, describe in adequate detail how the parents will
145	share and be responsible for the daily tasks associated with the
146	upbringing of the child;, the time-sharing schedule arrangements
147	that specify the time that the minor child will spend with each
148	parent;, a designation of who will be responsible for any and
149	all forms of health care, school-related matters, including the
150	address to be used for school-boundary determination and
151	registration, and other activities;, and the methods and
152	technologies that the parents will use to communicate with the
153	child.
154	(c)1.  The court shall determine all matters relating to
155	parenting and time-sharing of each minor child of the parties in
156	accordance with the best interests of the child and in
157	accordance with the Uniform Child Custody Jurisdiction and
158	Enforcement Act, except that modification of a parenting plan
159	and time-sharing schedule requires a showing of a substantial,
160	material change of circumstances that was not reasonably
161	contemplated at the time of the final judgment.
162	1.  It is the public policy of this state to assure that
163	each minor child has frequent and continuing contact with both
164	parents after the parents separate or the marriage of the
165	parties is dissolved and to encourage parents to share the
166	rights and responsibilities, and joys, of childrearing. There is
167	no presumption for or against the father or mother of the child
168	or for or against any specific time-sharing schedule when
169	creating or modifying the parenting plan of the child.
170	2.  The court shall order that the parental responsibility
171	for a minor child be shared by both parents unless the court
172	finds that shared parental responsibility would be detrimental
173	to the child. Evidence that a parent has been convicted of a
174	misdemeanor felony of the first third degree or higher involving
175	domestic violence, as defined in s. 741.28 and chapter 775, or
176	meets the criteria of s. 39.806(1)(d), creates a rebuttable
177	presumption of detriment to the child. If the presumption is not
178	rebutted, shared parental responsibility, including time-sharing
179	with the child, and decisions made regarding the child, may not
180	be granted to the convicted parent. However, the convicted
181	parent is not relieved of any obligation to provide financial
182	support. If the court determines that shared parental
183	responsibility would be detrimental to the child, it may order
184	sole parental responsibility and make such arrangements for
185	time-sharing as specified in the parenting plan as will best
186	protect the child or abused spouse from further harm. Whether or
187	not there is a conviction of any offense of domestic violence or
188	child abuse or the existence of an injunction for protection
189	against domestic violence, the court shall consider evidence of
190	domestic violence or child abuse as evidence of detriment to the
191	child.
192	a.  In ordering shared parental responsibility, the court
193	may consider the expressed desires of the parents and may grant
194	to one party the ultimate responsibility over specific aspects
195	of the child's welfare or may divide those responsibilities
196	between the parties based on the best interests of the child.
197	Areas of responsibility may include education, health care, and
198	any other responsibilities that the court finds unique to a
199	particular family.
200	b.  The court shall order "sole parental responsibility for
201	a minor child to one parent, with or without time-sharing with
202	the other parent" if when it is in the best interests of the
203	minor child.
204	3.  Access to records and information pertaining to a minor
205	child, including, but not limited to, medical, dental, and
206	school records, may not be denied to either parent. Full rights
207	under this subparagraph apply to either parent unless a court
208	order specifically revokes these rights, including any
209	restrictions on these rights as provided in a domestic violence
210	injunction. A parent having rights under this subparagraph has
211	the same rights upon request as to form, substance, and manner
212	of access as are available to the other parent of a child,
213	including, without limitation, the right to in-person
214	communication with medical, dental, and education providers.
215	(d)  The circuit court in the county in which either parent
216	and the child reside or the circuit court in which the original
217	order approving or creating the parenting plan was entered may
218	has jurisdiction to modify the parenting plan. The court may
219	change the venue in accordance with s. 47.122.
220	(3)  For purposes of establishing or modifying parental
221	responsibility and creating, developing, approving, or modifying
222	a parenting plan, including a time-sharing schedule, which
223	governs each parent's relationship with his or her minor child
224	and the relationship between each parent with regard to his or
225	her minor child, the best interest of the child shall be the
226	primary consideration. A determination of parental
227	responsibility, a parenting plan, or a time-sharing schedule may
228	not be modified without a showing of a substantial, material
229	change of circumstances that was not reasonably contemplated at
230	the time of the final judgment and a determination that the
231	modification is in the best interests of the child.
232	Determination of the best interests of the child shall be made
233	by evaluating all of the factors affecting the welfare and
234	interests of the particular minor child and the circumstances of
235	that family, including, but not limited to:
236	(a)  The demonstrated capacity and disposition of each
237	parent to facilitate and encourage a close and continuing
238	parent-child relationship, to honor the time-sharing schedule,
239	and to be reasonable when changes are required.
240	(b)  The anticipated division of parental responsibilities
241	after the litigation, including the extent to which parental
242	responsibilities will be delegated to third parties.
243	(c)  The demonstrated capacity and disposition of each
244	parent to determine, consider, and act upon the needs of the
245	child as opposed to the needs or desires of the parent.
246	(d)  The length of time the child has lived in a stable,
247	satisfactory environment and the desirability of maintaining
248	continuity.
249	(e)  The geographic viability of the parenting plan, with
250	special attention paid to the needs of school-age children and
251	the amount of time to be spent traveling to effectuate the
252	parenting plan. This factor does not create a presumption for or
253	against relocation of either parent with a child.
254	(f)  The moral fitness of the parents.
255	(g)  The mental and physical health of the parents.
256	(h)  The home, school, and community record of the child.
257	(i)  The reasonable preference of the child, if the court
258	deems the child to be of sufficient intelligence, understanding,
259	and experience to express a preference.
260	(j)  The demonstrated knowledge, capacity, and disposition
261	of each parent to be informed of the circumstances of the minor
262	child, including, but not limited to, the child's friends,
263	teachers, medical care providers, daily activities, and favorite
264	things.
265	(k)  The demonstrated capacity and disposition of each
266	parent to provide a consistent routine for the child, such as
267	discipline, and daily schedules for homework, meals, and
268	bedtime.
269	(l)  The demonstrated capacity of each parent to
270	communicate with and keep the other parent informed of issues
271	and activities regarding the minor child, and the willingness of
272	each parent to adopt a unified front on all major issues when
273	dealing with the child.
274	(m)  Evidence of domestic violence, sexual violence, child
275	abuse, child abandonment, or child neglect, regardless of
276	whether a prior or pending action relating to those issues has
277	been brought. If the court accepts evidence of prior or pending
278	actions regarding domestic violence, sexual violence, child
279	abuse, child abandonment, or child neglect, the court shall
280	specifically acknowledge in writing that such evidence was
281	considered when evaluating the best interests of the child.
282	(n)  Evidence that either parent has knowingly provided
283	false information to the court regarding any prior or pending
284	action regarding domestic violence, sexual violence, child
285	abuse, child abandonment, or child neglect.
286	(o)  The particular parenting tasks customarily performed
287	by each parent and the division of parental responsibilities
288	before the institution of litigation and during the pending
289	litigation, including the extent to which parenting
290	responsibilities were undertaken by third parties.
291	(p)  The demonstrated capacity and disposition of each
292	parent to participate and be involved in the child's school and
293	extracurricular activities.
294	(q)  The demonstrated capacity and disposition of each
295	parent to maintain an environment for the child which is free
296	from substance abuse.
297	(r)  The capacity and disposition of each parent to protect
298	the child from the ongoing litigation as demonstrated by not
299	discussing the litigation with the child, not sharing documents
300	or electronic media related to the litigation with the child,
301	and refraining from disparaging comments about the other parent
302	to the child.
303	(s)  The developmental stages and needs of the child and
304	the demonstrated capacity and disposition of each parent to meet
305	the child's developmental needs.
306	(t)  Any other factor that is relevant to the determination
307	of a specific parenting plan, including the time-sharing
308	schedule.
309	(6)  In any proceeding under this section, the court may
310	not deny shared parental responsibility and time-sharing rights
311	to a parent solely because that parent is or is believed to be
312	infected with human immunodeficiency virus, but the court may,
313	condition such rights to require that parent in an order
314	approving the parenting plan, require that parent to observe
315	measures approved by the Centers for Disease Control and
316	Prevention of the United States Public Health Service or by the
317	Department of Health for preventing the spread of human
318	immunodeficiency virus to the child.
319	Section 3.  Section 61.13001, Florida Statutes, is amended
320	to read:
321	61.13001  Parental relocation with a child.--
322	(1)  DEFINITIONS.--As used in this section, the term:
323	(a)  "Change of residence address" means the relocation of
324	a child to a principal residence more than 50 miles away from
325	his or her principal place of residence at the time of the entry
326	of the last order establishing or modifying the parenting plan
327	or the time-sharing schedule or both for the minor child, unless
328	the move places the principal residence of the minor child less
329	than 50 miles from either parent.
330	(a)(b)  "Child" means any person who is under the
331	jurisdiction of a state court pursuant to the Uniform Child
332	Custody Jurisdiction and Enforcement Act or is the subject of
333	any order granting to a parent or other person any right to
334	time-sharing, residential care, kinship, or custody, as provided
335	under state law.
336	(b)(c)  "Court" means the circuit court in an original
337	proceeding which has proper venue and jurisdiction in accordance
338	with the Uniform Child Custody Jurisdiction and Enforcement Act,
339	the circuit court in the county in which either parent and the
340	child reside, or the circuit court in which the original action
341	was adjudicated.
342	(c)(d)  "Other person" means an individual who is not the
343	parent, but with whom the child resides pursuant to and who, by
344	court order, maintains the primary residence of a child or who
345	has the right of access to, time-sharing with, or visitation
346	with the visitation rights with a child.
347	(d)(e)  "Parent" means any person so named by court order
348	or express written agreement who that is subject to court
349	enforcement or a person reflected as a parent on a birth
350	certificate and who is entitled to access to or time-sharing
351	with the child in whose home a child maintains a residence.
352	(e)(f)  "Relocation" means a change in the location of the
353	principal residence of a parent or other person from his or her
354	principal place of residence at the time of the last order
355	establishing or modifying time-sharing or at the time of filing
356	the pending action to establish or modify time-sharing. The
357	change of location must be at least 50 miles from the original
358	place of residence and for at least child for a period of 60
359	consecutive days, not including or more but does not include a
360	temporary absence from the principal residence for purposes of
361	vacation, education, or the provision of health care for the
362	child.
363	(2)  RELOCATION BY AGREEMENT.--
364	(a)  If the parents and every other person entitled to
365	access to or time-sharing with the child agree to the relocation
366	of the child, they may satisfy the requirements of this section
367	by signing a written agreement that:
368	1.  Reflects the consent to the relocation;
369	2.  Defines an access or a time-sharing schedule for the
370	nonrelocating parent and any other persons who are entitled to
371	access or time-sharing; and
372	3.  Describes, if necessary, any transportation
373	arrangements related to access or time-sharing the visitation.
374	(b)  If there is an existing cause of action, judgment, or
375	decree of record pertaining to the child's residence or an
376	access or a time-sharing schedule, the parties shall seek
377	ratification of the agreement by court order without the
378	necessity of an evidentiary hearing unless a hearing is
379	requested, in writing, by one or more of the parties to the
380	agreement within 10 days after the date the agreement is filed
381	with the court. If a hearing is not timely requested, it shall
382	be presumed that the relocation is in the best interest of the
383	child and the court may ratify the agreement without an
384	evidentiary hearing.
385	(3)  PETITION NOTICE OF INTENT TO RELOCATE WITH A
386	CHILD.--Unless an agreement has been entered as described in
387	subsection (2), a parent or other person seeking relocation
388	shall file a petition to relocate and serve it upon who is
389	entitled to time-sharing with the child shall notify the other
390	parent, and every other person entitled to access to or time-
391	sharing with the child, of a proposed relocation of the child's
392	residence. The pleadings must be in accordance with form of
393	notice shall be according to this section:
394	(a)  The petition to relocate must be signed under oath or
395	affirmation under penalty of perjury and include parent seeking
396	to relocate shall prepare a Notice of Intent to Relocate. The
397	following information must be included with the Notice of Intent
398	to Relocate and signed under oath under penalty of perjury:
399	1.  A description of the location of the intended new
400	residence, including the state, city, and specific physical
401	address, if known.
402	2.  The mailing address of the intended new residence, if
403	not the same as the physical address, if known.
404	3.  The home telephone number of the intended new
405	residence, if known.
406	4.  The date of the intended move or proposed relocation.
407	5.  A detailed statement of the specific reasons for the
408	proposed relocation of the child. If one of the reasons is based
409	upon a job offer that which has been reduced to writing, the
410	that written job offer must be attached to the petition Notice
411	of Intent to Relocate.
412	6.  A proposal for the revised postrelocation schedule for
413	access and of time-sharing together with a proposal for the
414	postrelocation transportation arrangements necessary to
415	effectuate time-sharing with the child. Absent the existence of
416	a current, valid order abating, terminating, or restricting
417	access or time-sharing visitation or other good cause predating
418	the petition Notice of Intent to Relocate, failure to comply
419	with this provision renders the petition Notice of Intent to
420	relocate legally insufficient.
421	7.  Substantially the following statement, in all capital
422	letters and in the same size type, or larger, as the type in the
423	remainder of the notice:
424
425	A RESPONSE AN OBJECTION TO THE PETITION OBJECTING TO PROPOSED
426	RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND
427	SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN
428	20 30 DAYS AFTER SERVICE OF THIS PETITION NOTICE OF INTENT TO
429	RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE
430	RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST
431	INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A
432	HEARING.
433	8.  The mailing address of the parent or other person
434	seeking to relocate to which the objection filed under
435	subsection (5) to the Notice of Intent to Relocate should be
436	sent.
437
438	The contents of the Notice of Intent to Relocate are not
439	privileged. For purposes of encouraging amicable resolution of
440	the relocation issue, a copy of the Notice of Intent to Relocate
441	shall initially not be filed with the court but instead served
442	upon the nonrelocating parent, other person, and every other
443	person entitled to time-sharing with the child, and the original
444	thereof shall be maintained by the parent or other person
445	seeking to relocate.
446	(b)  The parent seeking to relocate shall also prepare a
447	Certificate of Serving Notice of Intent to Relocate. The
448	certificate shall certify the date that the Notice of Intent to
449	Relocate was served on the other parent and on every other
450	person entitled to time-sharing with the child.
451	(b)(c)  The petition Notice of Intent to relocate shall,
452	and the Certificate of Serving Notice of Intent to Relocate,
453	shall be served on the other parent and on every other person
454	entitled to access to and time-sharing with the child. If there
455	is a pending court action regarding the child, service of
456	process may be according to court rule. Otherwise, service of
457	process shall be according to chapters 48 and 49 or via
458	certified mail, restricted delivery, return receipt requested.
459	(c)(d)  A parent or other person seeking to relocate giving
460	notice of a proposed relocation or change of residence address
461	under this section has a continuing duty to provide current and
462	updated information required by this section when that
463	information becomes known.
464	(d)(e)  If the other parent and any other person entitled
465	to access to or time-sharing with the child fails to timely file
466	a response objecting to the petition to relocate an objection,
467	it is shall be presumed that the relocation is in the best
468	interest of the child and that, the relocation should shall be
469	allowed, and the court shall, absent good cause, enter an order
470	specifying, attaching a copy of the Notice of Intent to
471	Relocate, reflecting that the order is entered as a result of
472	the failure to respond to the petition object to the Notice of
473	Intent to Relocate, and adopting the access and time-sharing
474	schedule and transportation arrangements contained in the
475	petition Notice of Intent to Relocate. The order may be issued
476	issue in an expedited manner without the necessity of an
477	evidentiary hearing. If a response an objection is timely filed,
478	the parent or other person may not relocate, and shall proceed
479	to a temporary hearing or trial and burden returns to the parent
480	or person seeking to relocate to initiate court proceedings to
481	obtain court permission to relocate before doing so.
482	(e)(f)  The act of Relocating the child without complying
483	after failure to comply with the requirements of notice of
484	intent to relocate procedure described in this subsection
485	subjects the party in violation thereof to contempt and other
486	proceedings to compel the return of the child and may be taken
487	into account by the court in any initial or postjudgment action
488	seeking a determination or modification of the parenting plan or
489	the access or the time-sharing schedule, or both, as:
490	1.  A factor in making a determination regarding the
491	relocation of a child.
492	2.  A factor in determining whether the parenting plan or
493	the access or time-sharing schedule should be modified.
494	3.  A basis for ordering the temporary or permanent return
495	of the child.
496	4.  Sufficient cause to order the parent or other person
497	seeking to relocate the child to pay reasonable expenses and
498	attorney's fees incurred by the party objecting to the
499	relocation.
500	5.  Sufficient cause for the award of reasonable attorney's
501	fees and costs, including interim travel expenses incident to
502	access or time-sharing or securing the return of the child.
503	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
504	other person seeking to relocate a child, or the child, is
505	entitled to prevent disclosure of location information under a
506	any public records exemption applicable to that person, the
507	court may enter any order necessary to modify the disclosure
508	requirements of this section in compliance with the public
509	records exemption.
510	(5)  CONTENT OF OBJECTION TO RELOCATION.--An answer
511	objecting to a proposed relocation objection seeking to prevent
512	the relocation of a child must be verified and served within 30
513	days after service of the Notice of Intent to Relocate. The
514	objection must include the specific factual basis supporting the
515	reasons for seeking a prohibition of the relocation, including a
516	statement of the amount of participation or involvement the
517	objecting party currently has or has had in the life of the
518	child.
519	(6)  TEMPORARY ORDER.--
520	(a)  The court may grant a temporary order restraining the
521	relocation of a child, order or ordering the return of the
522	child, if a relocation has previously taken place, or order
523	other appropriate remedial relief, if the court finds:
524	1.  That the petition to relocate does not comply with
525	subsection (3) The required notice of a proposed relocation of a
526	child was not provided in a timely manner;
527	2.  That the child already has been relocated without a
528	notice or written agreement of the parties or without court
529	approval; or
530	3.  From an examination of the evidence presented at the
531	preliminary hearing that there is a likelihood that upon final
532	hearing the court will not approve the relocation of the child.
533	(b)  The court may grant a temporary order permitting the
534	relocation of the child pending final hearing, if the court
535	finds:
536	1.  Finds That the petition required Notice of Intent to
537	relocate was properly filed and is otherwise in compliance with
538	subsection (3) provided in a timely manner; and
539	2.  Finds From an examination of the evidence presented at
540	the preliminary hearing, that there is a likelihood that on
541	final hearing the court will approve the relocation of the
542	child, which findings must be supported by the same factual
543	basis as would be necessary to support approving the permitting
544	of relocation in a final judgment.
545	(c)  If the court has issued a temporary order authorizing
546	a party seeking to relocate or move a child before a final
547	judgment is rendered, the court may not give any weight to the
548	temporary relocation as a factor in reaching its final decision.
549	(d)  If temporary relocation of a child is approved
550	permitted, the court may require the person relocating the child
551	to provide reasonable security, financial or otherwise, and
552	guarantee that the court-ordered contact with the child will not
553	be interrupted or interfered with by the relocating party.
554	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
555	RELOCATION.--A presumption does not arise in favor of or against
556	a request to relocate with the child does not arise if when a
557	parent or other person seeks to relocate move the child and the
558	move will materially affect the current schedule of contact,
559	access, and time-sharing with the nonrelocating parent or other
560	person. In reaching its decision regarding a proposed temporary
561	or permanent relocation, the court shall evaluate all of the
562	following factors:
563	(a)  The nature, quality, extent of involvement, and
564	duration of the child's relationship with the parent or other
565	person proposing to relocate with the child and with the
566	nonrelocating parent, other persons, siblings, half-siblings,
567	and other significant persons in the child's life.
568	(b)  The age and developmental stage of the child, the
569	needs of the child, and the likely impact the relocation will
570	have on the child's physical, educational, and emotional
571	development, taking into consideration any special needs of the
572	child.
573	(c)  The feasibility of preserving the relationship between
574	the nonrelocating parent or other person and the child through
575	substitute arrangements that take into consideration the
576	logistics of contact, access, and time-sharing, as well as the
577	financial circumstances of the parties; whether those factors
578	are sufficient to foster a continuing meaningful relationship
579	between the child and the nonrelocating parent or other person;
580	and the likelihood of compliance with the substitute
581	arrangements by the relocating parent or other person once he or
582	she is out of the jurisdiction of the court.
583	(d)  The child's preference, taking into consideration the
584	age and maturity of the child.
585	(e)  Whether the relocation will enhance the general
586	quality of life for both the parent or other person seeking the
587	relocation and the child, including, but not limited to,
588	financial or emotional benefits or educational opportunities.
589	(f)  The reasons of each parent or other person is for
590	seeking or opposing the relocation.
591	(g)  The current employment and economic circumstances of
592	each parent or other person and whether or not the proposed
593	relocation is necessary to improve the economic circumstances of
594	the parent or other person seeking relocation of the child.
595	(h)  That the relocation is sought in good faith and the
596	extent to which the objecting parent has fulfilled his or her
597	financial obligations to the parent or other person seeking
598	relocation, including child support, spousal support, and
599	marital property and marital debt obligations.
600	(i)  The career and other opportunities available to the
601	objecting parent or objecting other person if the relocation
602	occurs.
603	(j)  A history of substance abuse or domestic violence as
604	defined in s. 741.28 or which meets the criteria of s.
605	39.806(1)(d) by either parent, including a consideration of the
606	severity of such conduct and the failure or success of any
607	attempts at rehabilitation.
608	(k)  Any other factor affecting the best interest of the
609	child or as set forth in s. 61.13.
610	(8)  BURDEN OF PROOF.--The parent or other person wishing
611	to relocate has the burden of proving proof if an objection is
612	filed and must then initiate a proceeding seeking court
613	permission for relocation. The initial burden is on the parent
614	or person wishing to relocate to prove by a preponderance of the
615	evidence that relocation is in the best interest of the child.
616	If that burden of proof is met, the burden shifts to the
617	nonrelocating parent or other person to show by a preponderance
618	of the evidence that the proposed relocation is not in the best
619	interest of the child.
620	(9)  ORDER REGARDING RELOCATION.--If relocation is approved
621	permitted:
622	(a)  The court may, in its discretion, order contact with
623	the nonrelocating parent or other person, including access,
624	time-sharing, telephone, Internet, webcam, and other
625	arrangements sufficient to ensure that the child has frequent,
626	continuing, and meaningful contact, access, and time-sharing
627	with the nonrelocating parent or other person persons, if
628	contact is financially affordable and in the best interest of
629	the child.
630	(b)  If applicable, the court shall specify how the
631	transportation costs are to will be allocated between the
632	parents and other persons entitled to contact, access, and time-
633	sharing and may adjust the child support award, as appropriate,
634	considering the costs of transportation and the respective net
635	incomes of the parents in accordance with the state child
636	support guidelines schedule.
637	(10)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary
638	hearing or nonjury trial on a pleading seeking temporary or
639	permanent relief filed under this section shall be accorded
640	priority on the court's calendar. If a motion seeking a
641	temporary relocation is filed, absent good cause, the hearing
642	shall occur no later than 30 days after the motion for a
643	temporary relocation is filed. If a notice to set the matter for
644	a nonjury trial is filed, absent good cause, the nonjury trial
645	shall occur no later than 90 days after the notice is filed.
646	(11)  APPLICABILITY.--
647	(a)  This section applies:
648	1.  To orders entered before October 1, 2009 2006, if the
649	existing order defining the parenting plan, custody, primary
650	residence, or access to or time-sharing, or visitation of or
651	with the child does not expressly govern the relocation of the
652	child.
653	2.  To an order, whether temporary or permanent, regarding
654	the parenting plan, custody, primary residence, or access to or
655	time-sharing, or visitation of or with the child entered on or
656	after October 1, 2009 2006.
657	3.  To any relocation or proposed relocation, whether
658	permanent or temporary, of a child during any proceeding pending
659	on October 1, 2009 2006, wherein the parenting plan, custody,
660	primary residence, or access to or time-sharing, or visitation
661	of or with the child is an issue.
662	(b)  To the extent that a provision of this section
663	conflicts with an order existing on October 1, 2009 2006, this
664	section does not apply to the terms of that order which
665	expressly govern relocation of the child or a change in the
666	principal residence address of a parent or other person.
667	Section 4.  Subsection (1) of section 61.183, Florida
668	Statutes, is amended to read:
669	61.183  Mediation of certain contested issues.--
670	(1)  In any proceeding in which the issues of parental
671	responsibility, primary residence, access to visitation, or
672	support of a child are contested, the court may refer the
673	parties to mediation in accordance with rules promulgated by the
674	Supreme Court. In Title IV-D cases, any costs, including filing
675	fees, recording fees, mediation costs, service of process fees,
676	and other expenses incurred by the clerk of the circuit court,
677	shall be assessed only against the nonprevailing obligor after
678	the court makes a determination of the nonprevailing obligor's
679	ability to pay such costs and fees.
680	Section 5.  Subsection (3) of section 61.20, Florida
681	Statutes, is amended to read:
682	61.20  Social investigation and recommendations regarding a
683	parenting plan.--
684	(3)  Except as to persons who obtain certification of
685	indigence as specified in subsection (2), for whom no costs are
686	shall be incurred, the parents adult parties involved in a
687	proceeding to determine a parenting plan in which wherein the
688	court has ordered the performance of a social investigation and
689	study are shall be responsible for paying the payment of the
690	costs of the such investigation and study. Upon submitting
691	submission of the study to the court, the agency, staff, or
692	person performing the study shall include a bill for services,
693	which shall be taxed and ordered paid as costs in the
694	proceeding.
695	Section 6.  Paragraph (a) of subsection (2) and subsections
696	(5) and (9) of section 61.21, Florida Statutes, are amended to
697	read:
698	61.21  Parenting course authorized; fees; required
699	attendance authorized; contempt.--
700	(2)  The Department of Children and Family Services shall
701	approve a parenting course which shall be a course of a minimum
702	of 4 hours designed to educate, train, and assist divorcing
703	parents in regard to the consequences of divorce on parents and
704	children.
705	(a)  The parenting course referred to in this section shall
706	be named the Parent Education and Family Stabilization Course
707	and may include, but need not be limited to, the following
708	topics as they relate to court actions between parents involving
709	custody, care, access to visitation, and support of a child or
710	children:
711	1.  Legal aspects of deciding child-related issues between
712	parents.
713	2.  Emotional aspects of separation and divorce on adults.
714	3.  Emotional aspects of separation and divorce on
715	children.
716	4.  Family relationships and family dynamics.
717	5.  Financial responsibilities to a child or children.
718	6.  Issues regarding spousal or child abuse and neglect.
719	7.  Skill-based relationship education that may be
720	generalized to parenting, workplace, school, neighborhood, and
721	civic relationships.
722	(5)  All parties required to complete a parenting course
723	under this section shall begin the course as expeditiously as
724	possible. For dissolution of marriage actions, unless excused by
725	the court pursuant to subsection (4), the petitioner must
726	complete the course within 45 days after the filing of the
727	petition, and all other parties must complete the course within
728	45 days after service of the petition. For paternity actions,
729	unless excused by the court pursuant to subsection (4), the
730	petitioner must complete the course within 45 days after filing
731	the petition, and any other party must complete the course
732	within 45 days after an acknowledgment of paternity by that
733	party, an adjudication of paternity of that party, or an order
734	granting access visitation to or support from that party. Each
735	party to a dissolution or paternity action shall file proof of
736	compliance with this subsection with the court prior to the
737	entry of the final judgment.
738	(9)  The court may hold any parent who fails to attend a
739	required parenting course in contempt, or that parent may be
740	denied shared parental responsibility or access visitation or
741	otherwise sanctioned as the court deems appropriate.
742	Section 7.  Paragraph (b) of subsection (11) of section
743	61.30, Florida Statutes, is amended to read:
744	61.30  Child support guidelines; retroactive child
745	support.--
746	(11)
747	(b)  Whenever a particular parenting plan provides that
748	each child spend a substantial amount of time with each parent,
749	the court shall adjust any award of child support, as follows:
750	1.  In accordance with subsections (9) and (10), calculate
751	the amount of support obligation apportioned to each parent
752	without including day care and health insurance costs in the
753	calculation and multiply the amount by 1.5.
754	2.  Calculate the percentage of overnight stays the child
755	spends with each parent.
756	3.  Multiply each parent's support obligation as calculated
757	in subparagraph 1. by the percentage of the other parent's
758	overnight stays with the child as calculated in subparagraph 2.
759	4.  The difference between the amounts calculated in
760	subparagraph 3. shall be the monetary transfer necessary between
761	the parents for the care of the child, subject to an adjustment
762	for day care and health insurance expenses.
763	5.  Pursuant to subsections (7) and (8), calculate the net
764	amounts owed by each parent for the expenses incurred for day
765	care and health insurance coverage for the child. Day care shall
766	be calculated without regard to the 25-percent reduction applied
767	by subsection (7).
768	6.  Adjust the support obligation owed by each parent
769	pursuant to subparagraph 4. by crediting or debiting the amount
770	calculated in subparagraph 5. This amount represents the child
771	support which must be exchanged between the parents.
772	7.  The court may deviate from the child support amount
773	calculated pursuant to subparagraph 6. based upon the deviation
774	factors in paragraph (a), as well as the obligee parent's low
775	income and ability to maintain the basic necessities of the home
776	for the child, the likelihood that either parent will actually
777	exercise the time-sharing schedule set forth in the parenting
778	plan granted by the court, and whether all of the children are
779	exercising the same time-sharing schedule.
780	8.  For purposes of adjusting any award of child support
781	under this paragraph, "substantial amount of time" means that a
782	parent exercises access visitation at least 40 percent of the
783	overnights of the year.
784	Section 8.  Paragraph (a) of subsection (5) of section
785	741.30, Florida Statutes, is amended to read:
786	741.30  Domestic violence; injunction; powers and duties of
787	court and clerk; petition; notice and hearing; temporary
788	injunction; issuance of injunction; statewide verification
789	system; enforcement.--
790	(5)(a)  If When it appears to the court that an immediate
791	and present danger of domestic violence exists, the court may
792	grant a temporary injunction ex parte, pending a full hearing,
793	and may grant such relief as the court deems proper, including
794	an injunction:
795	1.  Restraining the respondent from committing any acts of
796	domestic violence.
797	2.  Awarding to the petitioner the temporary exclusive use
798	and possession of the dwelling that the parties share or
799	excluding the respondent from the residence of the petitioner.
800	3.  On the same basis as provided in s. 61.13, providing
801	the petitioner a temporary parenting plan, including a time-
802	sharing schedule, which may award the petitioner up to with 100
803	percent of the time-sharing. The temporary parenting plan
804	remains that shall remain in effect until the order expires or
805	an order is entered by a court of competent jurisdiction in a
806	pending or subsequent civil action or proceeding affecting the
807	placement of, access to, parental time with, adoption of, or
808	parental rights and responsibilities for the minor child.
809	Section 9.  This act shall take effect July 1, 2009.

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