Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 904
Barcode 329914
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/11/2009 .
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The Committee on Children, Families, and Elder Affairs (Rich)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (13) and (14) of section 61.046,
6 Florida Statutes, are amended to read:
7 61.046 Definitions.—As used in this chapter, the term:
8 (13) “Parenting plan” means a document created to govern
9 the relationship between the parents parties relating to the
10 decisions that must be made regarding the minor child and must
11 shall contain a time-sharing schedule for the parents and child.
12 The issues concerning the minor child may include, but are not
13 limited to, the child’s education, health care, and physical,
14 social, and emotional well-being. In creating the plan, all
15 circumstances between the parents parties, including their the
16 parties’ historic relationship, domestic violence, and other
17 factors must be taken into consideration.
18 (a) The parenting plan must shall be:
19 1. Developed and agreed to by the parents and approved by a
20 court; or,
21 2. If the parents cannot agree or their agreed plan is not
22 approved by the court, established by the court with or without
23 the use of a court-ordered parenting plan recommendation.
24 (b)(a) Any parenting plan formulated under this chapter
25 must address all jurisdictional issues, including, but not
26 limited to, the Uniform Child Custody Jurisdiction and
27 Enforcement Act, part II of this chapter, the International
28 Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the
29 Parental Kidnapping Prevention Act, and the Convention on the
30 Civil Aspects of International Child Abduction enacted at the
31 Hague on October 25, 1980.
32 (c)(b) For purposes of the application of the Uniform Child
33 Custody Jurisdiction and Enforcement Act, part II of this
34 chapter, a judgment or order incorporating a parenting plan
35 under this part is a child custody determination under part II
36 of this chapter.
37 (d)(c) For purposes of the International Child Abduction
38 Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
39 the Civil Aspects of International Child Abduction, enacted at
40 the Hague on October 25, 1980, rights of custody and rights of
41 access are shall be determined pursuant to under the parenting
42 plan under this part.
43 (14) “Parenting plan recommendation” means a nonbinding
44 recommendation concerning one or more elements of a parenting
45 plan made by a court-appointed mental health practitioner or
46 other professional designated pursuant to s. 61.20, s. 61.401,
47 or Florida Family Law Rules of Procedure 12.363 psychologist
48 licensed under chapter 490.
49 Section 2. Paragraph (d) of subsection (1) and subsections
50 (2), (3), and (6) of section 61.13, Florida Statutes, are
51 amended to read:
52 61.13 Support of children; parenting and time-sharing;
53 powers of court.—
54 (1)
55 (d)1. Unless the provisions of subparagraph 2. 3. apply,
56 all child support orders must require entered on or after
57 January 1, 1985, shall direct that child support the payments be
58 made of child support be made as provided in s. 61.181 through
59 the depository in the county where the court is located as
60 provided in s. 61.181. All child support orders must shall
61 provide the full name and date of birth of each minor child who
62 is the subject of the child support order.
63 2. Unless the provisions of subparagraph 3. apply, all
64 child support orders entered before January 1, 1985, shall be
65 modified by the court to direct that payments of child support
66 shall be made through the depository in the county where the
67 court is located upon the subsequent appearance of either or
68 both parents to modify or enforce the order, or in any related
69 proceeding.
70 2.3. If both parties request and the court finds that it is
71 in the best interest of the child, support payments need not be
72 directed through the depository. The order of support must shall
73 provide, or shall be deemed to provide, that either party may
74 subsequently apply to the depository to require that direction
75 of the payments be made through the depository. The court shall
76 provide a copy of the order to the depository.
77 3.4. If the parties elect not to require that support
78 payments be made through the depository, any party may
79 subsequently file an affidavit with the depository alleging a
80 default in payment of child support and stating that the party
81 wishes to require that payments be made through the depository.
82 The party shall provide copies of the affidavit to the court and
83 to the each other party. Fifteen days after receipt of the
84 affidavit, the depository shall notify both parties that future
85 payments must shall be paid through the depository.
86 4.5. In IV-D cases, the IV-D agency has shall have the same
87 rights as the obligee in requesting that payments be made
88 through the depository.
89 (2)(a) The court may shall have jurisdiction to approve,
90 grant, or modify a parenting plan, notwithstanding that the
91 child is not physically present in this state at the time of
92 filing any proceeding under this chapter, if it appears to the
93 court that the child was removed from this state for the primary
94 purpose of removing the child from the court’s jurisdiction of
95 the court in an attempt to avoid the court’s approval, creation,
96 or modification of a parenting plan.
97 (b) A Any parenting plan approved by the court must, at a
98 minimum, describe in adequate detail how the parents will share
99 and be responsible for the daily tasks associated with the
100 upbringing of the child;, the time-sharing schedule arrangements
101 that specify the time that the minor child will spend with each
102 parent;, a designation of who will be responsible for any and
103 all forms of health care, school-related matters including the
104 address to be used for school-boundary determination and
105 registration, and other activities;, and the methods and
106 technologies that the parents will use to communicate with the
107 child.
108 (c)1. The court shall determine all matters relating to
109 parenting and time-sharing of each minor child of the parties in
110 accordance with the best interests of the child and in
111 accordance with the Uniform Child Custody Jurisdiction and
112 Enforcement Act, except that modification of a parenting plan
113 and time-sharing schedule requires a showing of a substantial,
114 material, and unanticipated change of circumstances.
115 1. It is the public policy of this state to assure that
116 each minor child has frequent and continuing contact with both
117 parents after the parents separate or the marriage of the
118 parties is dissolved and to encourage parents to share the
119 rights and responsibilities, and joys, of childrearing. There is
120 no presumption for or against the father or mother of the child
121 or for or against any specific time-sharing schedule when
122 creating or modifying the parenting plan of the child.
123 2. The court shall order that the parental responsibility
124 for a minor child be shared by both parents unless the court
125 finds that shared parental responsibility would be detrimental
126 to the child. Evidence that a parent has been convicted of a
127 misdemeanor felony of the first third degree or higher involving
128 domestic violence, as defined in s. 741.28 and chapter 775, or
129 meets the criteria of s. 39.806(1)(d), creates a rebuttable
130 presumption of detriment to the child. If the presumption is not
131 rebutted, shared parental responsibility, including time-sharing
132 with the child, and decisions made regarding the child, may not
133 be granted to the convicted parent. However, the convicted
134 parent is not relieved of any obligation to provide financial
135 support. If the court determines that shared parental
136 responsibility would be detrimental to the child, it may order
137 sole parental responsibility and make such arrangements for
138 time-sharing as specified in the parenting plan as will best
139 protect the child or abused spouse from further harm. Whether or
140 not there is a conviction of any offense of domestic violence or
141 child abuse or the existence of an injunction for protection
142 against domestic violence, the court shall consider evidence of
143 domestic violence or child abuse as evidence of detriment to the
144 child.
145 a. In ordering shared parental responsibility, the court
146 may consider the expressed desires of the parents and may grant
147 to one party the ultimate responsibility over specific aspects
148 of the child’s welfare or may divide those responsibilities
149 between the parties based on the best interests of the child.
150 Areas of responsibility may include education, health care, and
151 any other responsibilities that the court finds unique to a
152 particular family.
153 b. The court shall order “sole parental responsibility for
154 a minor child to one parent, with or without time-sharing with
155 the other parent” if when it is in the best interests of the
156 minor child.
157 3. Access to records and information pertaining to a minor
158 child, including, but not limited to, medical, dental, and
159 school records, may not be denied to either parent. Full rights
160 under this subparagraph apply to either parent unless a court
161 order specifically revokes these rights, including any
162 restrictions on these rights as provided in a domestic violence
163 injunction. A parent having rights under this subparagraph has
164 the same rights upon request as to form, substance, and manner
165 of access as are available to the other parent of a child,
166 including, without limitation, the right to in-person
167 communication with medical, dental, and education providers.
168 (d) The circuit court in the county in which either parent
169 and the child reside or the circuit court in which the original
170 order approving or creating the parenting plan was entered may
171 has jurisdiction to modify the parenting plan. The court may
172 change the venue in accordance with s. 47.122.
173 (3) For purposes of establishing or modifying parental
174 responsibility and creating, developing, approving, or modifying
175 a parenting plan, including a time-sharing schedule, which
176 governs each parent’s relationship with his or her minor child
177 and the relationship between each parent with regard to his or
178 her minor child, the best interest of the child shall be the
179 primary consideration. A determination of parental
180 responsibility, a parenting plan, or a time-sharing schedule may
181 not be modified without a showing of a substantial, material,
182 and unanticipated change in circumstances and a determination
183 that the modification is in the best interests of the child.
184 Determination of the best interests of the child shall be made
185 by evaluating all of the factors affecting the welfare and
186 interests of the particular minor child and the circumstances of
187 that family, including, but not limited to:
188 (a) The demonstrated capacity and disposition of each
189 parent to facilitate and encourage a close and continuing
190 parent-child relationship, to honor the time-sharing schedule,
191 and to be reasonable when changes are required.
192 (b) The anticipated division of parental responsibilities
193 after the litigation, including the extent to which parental
194 responsibilities will be delegated to third parties.
195 (c) The demonstrated capacity and disposition of each
196 parent to determine, consider, and act upon the needs of the
197 child as opposed to the needs or desires of the parent.
198 (d) The length of time the child has lived in a stable,
199 satisfactory environment and the desirability of maintaining
200 continuity.
201 (e) The geographic viability of the parenting plan, with
202 special attention paid to the needs of school-age children and
203 the amount of time to be spent traveling to effectuate the
204 parenting plan. This factor does not create a presumption for or
205 against relocation of either parent with a child.
206 (f) The moral fitness of the parents.
207 (g) The mental and physical health of the parents.
208 (h) The home, school, and community record of the child.
209 (i) The reasonable preference of the child, if the court
210 deems the child to be of sufficient intelligence, understanding,
211 and experience to express a preference.
212 (j) The demonstrated knowledge, capacity, and disposition
213 of each parent to be informed of the circumstances of the minor
214 child, including, but not limited to, the child’s friends,
215 teachers, medical care providers, daily activities, and favorite
216 things.
217 (k) The demonstrated capacity and disposition of each
218 parent to provide a consistent routine for the child, such as
219 discipline, and daily schedules for homework, meals, and
220 bedtime.
221 (l) The demonstrated capacity of each parent to communicate
222 with and keep the other parent informed of issues and activities
223 regarding the minor child, and the willingness of each parent to
224 adopt a unified front on all major issues when dealing with the
225 child.
226 (m) Evidence of domestic violence, sexual violence, child
227 abuse, child abandonment, or child neglect, regardless of
228 whether a prior or pending action relating to those issues has
229 been brought. If the court accepts evidence of prior or pending
230 actions regarding domestic violence, sexual violence, child
231 abuse, child abandonment, or child neglect, the court must
232 specifically acknowledge in writing that such evidence was
233 considered when evaluating the best interests of the child.
234 (n) Evidence that either parent has knowingly provided
235 false information to the court regarding any prior or pending
236 action regarding domestic violence, sexual violence, child
237 abuse, child abandonment, or child neglect.
238 (o) The particular parenting tasks customarily performed by
239 each parent and the division of parental responsibilities before
240 the institution of litigation and during the pending litigation,
241 including the extent to which parenting responsibilities were
242 undertaken by third parties.
243 (p) The demonstrated capacity and disposition of each
244 parent to participate and be involved in the child’s school and
245 extracurricular activities.
246 (q) The demonstrated capacity and disposition of each
247 parent to maintain an environment for the child which is free
248 from substance abuse.
249 (r) The capacity and disposition of each parent to protect
250 the child from the ongoing litigation as demonstrated by not
251 discussing the litigation with the child, not sharing documents
252 or electronic media related to the litigation with the child,
253 and refraining from disparaging comments about the other parent
254 to the child.
255 (s) The developmental stages and needs of the child and the
256 demonstrated capacity and disposition of each parent to meet the
257 child’s developmental needs.
258 (t) Any other factor that is relevant to the determination
259 of a specific parenting plan, including the time-sharing
260 schedule.
261 (6) In any proceeding under this section, the court may not
262 deny shared parental responsibility and time-sharing rights to a
263 parent solely because that parent is or is believed to be
264 infected with human immunodeficiency virus, but the court may,
265 condition such rights to require that parent in an order
266 approving the parenting plan, require that parent to observe
267 measures approved by the Centers for Disease Control and
268 Prevention of the United States Public Health Service or by the
269 Department of Health for preventing the spread of human
270 immunodeficiency virus to the child.
271 Section 3. Section 61.13001, Florida Statutes, is amended
272 to read:
273 61.13001 Parental relocation with a child.—
274 (1) DEFINITIONS.—As used in this section, the term:
275 (a) “Change of residence address” means the relocation of a
276 child to a principal residence more than 50 miles away from his
277 or her principal place of residence at the time of the entry of
278 the last order establishing or modifying the parenting plan or
279 the time-sharing schedule or both for the minor child, unless
280 the move places the principal residence of the minor child less
281 than 50 miles from either parent.
282 (a)(b) “Child” means any person who is under the
283 jurisdiction of a state court pursuant to the Uniform Child
284 Custody Jurisdiction and Enforcement Act or is the subject of
285 any order granting to a parent or other person any right to
286 time-sharing, residential care, kinship, or custody, as provided
287 under state law.
288 (b)(c) “Court” means the circuit court in an original
289 proceeding which has proper venue and jurisdiction in accordance
290 with the Uniform Child Custody Jurisdiction and Enforcement Act,
291 the circuit court in the county in which either parent and the
292 child reside, or the circuit court in which the original action
293 was adjudicated.
294 (c)(d) “Other person” means an individual who is not the
295 parent, but with whom the child resides pursuant to and who, by
296 court order, maintains the primary residence of a child or who
297 has the right of access to, time-sharing with, or visitation
298 with the visitation rights with a child.
299 (d)(e) “Parent” means any person so named by court order or
300 express written agreement who that is subject to court
301 enforcement or a person reflected as a parent on a birth
302 certificate and who is entitled to access to or time-sharing
303 with the child in whose home a child maintains a residence.
304 (e)(f) “Relocation” means a change in the location of the
305 principal residence of a parent or other person from his or her
306 principal place of residence at the time of the last order
307 establishing or modifying time-sharing, or at the time of filing
308 the pending action to establish or modify time-sharing. The
309 change of location must be at least 50 miles from the original
310 place of residence, and for at least child for a period of 60
311 consecutive days not including or more but does not include a
312 temporary absence from the principal residence for purposes of
313 vacation, education, or the provision of health care for the
314 child.
315 (2) RELOCATION BY AGREEMENT.—
316 (a) If the parents and every other person entitled to
317 access to or time-sharing with the child agree to the relocation
318 of the child, they may satisfy the requirements of this section
319 by signing a written agreement that:
320 1. Reflects the consent to the relocation;
321 2. Defines an access or a time-sharing schedule for the
322 nonrelocating parent and any other persons who are entitled to
323 access or time-sharing; and
324 3. Describes, if necessary, any transportation arrangements
325 related to access or time-sharing the visitation.
326 (b) If there is an existing cause of action, judgment, or
327 decree of record pertaining to the child’s residence or a time
328 sharing schedule, the parties shall seek ratification of the
329 agreement by court order without the necessity of an evidentiary
330 hearing unless a hearing is requested, in writing, by one or
331 more of the parties to the agreement within 10 days after the
332 date the agreement is filed with the court. If a hearing is not
333 timely requested, it shall be presumed that the relocation is in
334 the best interest of the child and the court may ratify the
335 agreement without an evidentiary hearing.
336 (3) PETITION NOTICE OF INTENT TO RELOCATE WITH A CHILD.
337 Unless an agreement has been entered as described in subsection
338 (2), a parent or other person seeking relocation must file a
339 petition to relocate and serve it upon who is entitled to time
340 sharing with the child shall notify the other parent, and every
341 other person entitled to access to or time-sharing with the
342 child, of a proposed relocation of the child’s residence. The
343 pleadings must be in accordance with form of notice shall be
344 according to this section:
345 (a) The petition to relocate must be signed under oath or
346 affirmation under penalty of perjury and include parent seeking
347 to relocate shall prepare a Notice of Intent to Relocate. The
348 following information must be included with the Notice of Intent
349 to Relocate and signed under oath under penalty of perjury:
350 1. A description of the location of the intended new
351 residence, including the state, city, and specific physical
352 address, if known.
353 2. The mailing address of the intended new residence, if
354 not the same as the physical address, if known.
355 3. The home telephone number of the intended new residence,
356 if known.
357 4. The date of the intended move or proposed relocation.
358 5. A detailed statement of the specific reasons for the
359 proposed relocation of the child. If one of the reasons is based
360 upon a job offer that which has been reduced to writing, the
361 that written job offer must be attached to the petition Notice
362 of Intent to Relocate.
363 6. A proposal for the revised postrelocation schedule for
364 access and of time-sharing together with a proposal for the
365 postrelocation transportation arrangements necessary to
366 effectuate time-sharing with the child. Absent the existence of
367 a current, valid order abating, terminating, or restricting
368 access or time-sharing visitation or other good cause predating
369 the petition Notice of Intent to Relocate, failure to comply
370 with this provision renders the petition Notice of Intent to
371 relocate legally insufficient.
372 7. Substantially the following statement, in all capital
373 letters and in the same size type, or larger, as the type in the
374 remainder of the notice:
375
376 A RESPONSE AN OBJECTION TO THE PETITION OBJECTING TO PROPOSED
377 RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND
378 SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN
379 20 30 DAYS AFTER SERVICE OF THIS PETITION NOTICE OF INTENT TO
380 RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE
381 RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST
382 INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A
383 HEARING.
384 8. The mailing address of the parent or other person
385 seeking to relocate to which the objection filed under
386 subsection (5) to the Notice of Intent to Relocate should be
387 sent.
388
389 The contents of the Notice of Intent to Relocate are not
390 privileged. For purposes of encouraging amicable resolution of
391 the relocation issue, a copy of the Notice of Intent to Relocate
392 shall initially not be filed with the court but instead served
393 upon the nonrelocating parent, other person, and every other
394 person entitled to time-sharing with the child, and the original
395 thereof shall be maintained by the parent or other person
396 seeking to relocate.
397 (b) The parent seeking to relocate shall also prepare a
398 Certificate of Serving Notice of Intent to Relocate. The
399 certificate shall certify the date that the Notice of Intent to
400 Relocate was served on the other parent and on every other
401 person entitled to time-sharing with the child.
402 (b)(c) The petition Notice of Intent to relocate must, and
403 the Certificate of Serving Notice of Intent to Relocate, shall
404 be served on the other parent and on every other person entitled
405 to access to and time-sharing with the child. If there is a
406 pending court action regarding the child, service of process may
407 be according to court rule. Otherwise, service of process shall
408 be according to chapters 48 and 49 or via certified mail,
409 restricted delivery, return receipt requested.
410 (c)(d) A parent or other person seeking to relocate giving
411 notice of a proposed relocation or change of residence address
412 under this section has a continuing duty to provide current and
413 updated information required by this section when that
414 information becomes known.
415 (d)(e) If the other parent and any other person entitled to
416 access to or time-sharing with the child fails to timely file a
417 response objecting to the petition to relocate an objection, it
418 is shall be presumed that the relocation is in the best interest
419 of the child and that, the relocation should shall be allowed,
420 and the court shall, absent good cause, enter an order
421 specifying, attaching a copy of the Notice of Intent to
422 Relocate, reflecting that the order is entered as a result of
423 the failure to respond to the petition object to the Notice of
424 Intent to Relocate, and adopting the access and time-sharing
425 schedule and transportation arrangements contained in the
426 petition Notice of Intent to Relocate. The order may be issued
427 issue in an expedited manner without the necessity of an
428 evidentiary hearing. If a response an objection is timely filed,
429 the parent or other person may not relocate, and must proceed to
430 a temporary hearing or trial and burden returns to the parent or
431 person seeking to relocate to initiate court proceedings to
432 obtain court permission to relocate before doing so.
433 (e)(f) The act of Relocating the child without complying
434 after failure to comply with the requirements of notice of
435 intent to relocate procedure described in this subsection
436 subjects the party in violation thereof to contempt and other
437 proceedings to compel the return of the child and may be taken
438 into account by the court in any initial or postjudgment action
439 seeking a determination or modification of the parenting plan or
440 the access or the time-sharing schedule, or both, as:
441 1. A factor in making a determination regarding the
442 relocation of a child.
443 2. A factor in determining whether the parenting plan or
444 the access or time-sharing schedule should be modified.
445 3. A basis for ordering the temporary or permanent return
446 of the child.
447 4. Sufficient cause to order the parent or other person
448 seeking to relocate the child to pay reasonable expenses and
449 attorney’s fees incurred by the party objecting to the
450 relocation.
451 5. Sufficient cause for the award of reasonable attorney’s
452 fees and costs, including interim travel expenses incident to
453 access or time-sharing or securing the return of the child.
454 (4) APPLICABILITY OF PUBLIC RECORDS LAW.—If the parent or
455 other person seeking to relocate a child, or the child, is
456 entitled to prevent disclosure of location information under a
457 any public records exemption applicable to that person, the
458 court may enter any order necessary to modify the disclosure
459 requirements of this section in compliance with the public
460 records exemption.
461 (5) CONTENT OF OBJECTION TO RELOCATION.—An answer objecting
462 to a proposed relocation objection seeking to prevent the
463 relocation of a child must be verified and served within 30 days
464 after service of the Notice of Intent to Relocate. The objection
465 must include the specific factual basis supporting the reasons
466 for seeking a prohibition of the relocation, including a
467 statement of the amount of participation or involvement the
468 objecting party currently has or has had in the life of the
469 child.
470 (6) TEMPORARY ORDER.—
471 (a) The court may grant a temporary order restraining the
472 relocation of a child, order or ordering the return of the
473 child, if a relocation has previously taken place, or order
474 other appropriate remedial relief, if the court finds:
475 1. That the petition to relocate does not comply with
476 subsection (3) The required notice of a proposed relocation of a
477 child was not provided in a timely manner;
478 2. That the child already has been relocated without a
479 notice or written agreement of the parties or without court
480 approval; or
481 3. From an examination of the evidence presented at the
482 preliminary hearing that there is a likelihood that upon final
483 hearing the court will not approve the relocation of the child.
484 (b) The court may grant a temporary order permitting the
485 relocation of the child pending final hearing, if the court
486 finds:
487 1. Finds That the petition required Notice of Intent to
488 relocate was properly filed and is otherwise in compliance with
489 subsection (3) provided in a timely manner; and
490 2. Finds From an examination of the evidence presented at
491 the preliminary hearing, that there is a likelihood that on
492 final hearing the court will approve the relocation of the
493 child, which findings must be supported by the same factual
494 basis as would be necessary to support approving the permitting
495 of relocation in a final judgment.
496 (c) If the court has issued a temporary order authorizing a
497 party seeking to relocate or move a child before a final
498 judgment is rendered, the court may not give any weight to the
499 temporary relocation as a factor in reaching its final decision.
500 (d) If temporary relocation of a child is approved
501 permitted, the court may require the person relocating the child
502 to provide reasonable security, financial or otherwise, and
503 guarantee that the court-ordered contact with the child will not
504 be interrupted or interfered with by the relocating party.
505 (7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
506 RELOCATION.—A presumption does not arise in favor of or against
507 a request to relocate with the child does not arise if when a
508 parent or other person seeks to relocate move the child and the
509 move will materially affect the current schedule of contact,
510 access, and time-sharing with the nonrelocating parent or other
511 person. In reaching its decision regarding a proposed temporary
512 or permanent relocation, the court shall evaluate all of the
513 following factors:
514 (a) The nature, quality, extent of involvement, and
515 duration of the child’s relationship with the parent or other
516 person proposing to relocate with the child and with the
517 nonrelocating parent, other persons, siblings, half-siblings,
518 and other significant persons in the child’s life.
519 (b) The age and developmental stage of the child, the needs
520 of the child, and the likely impact the relocation will have on
521 the child’s physical, educational, and emotional development,
522 taking into consideration any special needs of the child.
523 (c) The feasibility of preserving the relationship between
524 the nonrelocating parent or other person and the child through
525 substitute arrangements that take into consideration the
526 logistics of contact, access, and time-sharing, as well as the
527 financial circumstances of the parties; whether those factors
528 are sufficient to foster a continuing meaningful relationship
529 between the child and the nonrelocating parent or other person;
530 and the likelihood of compliance with the substitute
531 arrangements by the relocating parent or other person once he or
532 she is out of the jurisdiction of the court.
533 (d) The child’s preference, taking into consideration the
534 age and maturity of the child.
535 (e) Whether the relocation will enhance the general quality
536 of life for both the parent or other person seeking the
537 relocation and the child, including, but not limited to,
538 financial or emotional benefits or educational opportunities.
539 (f) The reasons of each parent or other person is for
540 seeking or opposing the relocation.
541 (g) The current employment and economic circumstances of
542 each parent or other person and whether or not the proposed
543 relocation is necessary to improve the economic circumstances of
544 the parent or other person seeking relocation of the child.
545 (h) That the relocation is sought in good faith and the
546 extent to which the objecting parent has fulfilled his or her
547 financial obligations to the parent or other person seeking
548 relocation, including child support, spousal support, and
549 marital property and marital debt obligations.
550 (i) The career and other opportunities available to the
551 objecting parent or objecting other person if the relocation
552 occurs.
553 (j) A history of substance abuse or domestic violence as
554 defined in s. 741.28 or which meets the criteria of s.
555 39.806(1)(d) by either parent, including a consideration of the
556 severity of such conduct and the failure or success of any
557 attempts at rehabilitation.
558 (k) Any other factor affecting the best interest of the
559 child or as set forth in s. 61.13.
560 (8) BURDEN OF PROOF.—The parent or other person wishing to
561 relocate has the burden of proving proof if an objection is
562 filed and must then initiate a proceeding seeking court
563 permission for relocation. The initial burden is on the parent
564 or person wishing to relocate to prove by a preponderance of the
565 evidence that relocation is in the best interest of the child.
566 If that burden of proof is met, the burden shifts to the
567 nonrelocating parent or other person to show by a preponderance
568 of the evidence that the proposed relocation is not in the best
569 interest of the child.
570 (9) ORDER REGARDING RELOCATION.—If relocation is approved
571 permitted:
572 (a) The court may, in its discretion, order contact with
573 the nonrelocating parent or other person, including access,
574 time-sharing, telephone, Internet, webcam, and other
575 arrangements sufficient to ensure that the child has frequent,
576 continuing, and meaningful contact, access, and time-sharing
577 with the nonrelocating parent or other person persons, if
578 contact is financially affordable and in the best interest of
579 the child.
580 (b) If applicable, the court shall specify how the
581 transportation costs are to will be allocated between the
582 parents and other persons entitled to contact, access, and time
583 sharing and may adjust the child support award, as appropriate,
584 considering the costs of transportation and the respective net
585 incomes of the parents in accordance with the state child
586 support guidelines schedule.
587 (10) PRIORITY FOR HEARING OR TRIAL.—An evidentiary hearing
588 or nonjury trial on a pleading seeking temporary or permanent
589 relief filed under this section shall be accorded priority on
590 the court’s calendar. If a motion seeking a temporary relocation
591 is filed, absent good cause, the hearing must occur no later
592 than 30 days after the motion for a temporary relocation is
593 filed. If a notice to set the matter for a nonjury trial is
594 filed, absent good cause, the nonjury trial must occur no later
595 than 90 days after the notice is filed.
596 (11) APPLICABILITY.—
597 (a) This section applies:
598 1. To orders entered before October 1, 2009 2006, if the
599 existing order defining custody, primary residence, the
600 parenting plan, time-sharing, or access to visitation of or with
601 the child does not expressly govern the relocation of the child.
602 2. To an order, whether temporary or permanent, regarding
603 the parenting plan, custody, primary residence, time-sharing, or
604 access to visitation of or with the child entered on or after
605 October 1, 2009 2006.
606 3. To any relocation or proposed relocation, whether
607 permanent or temporary, of a child during any proceeding pending
608 on October 1, 2009 2006, wherein the parenting plan, custody,
609 primary residence, time-sharing, or access to visitation of or
610 with the child is an issue.
611 (b) To the extent that a provision of this section
612 conflicts with an order existing on October 1, 2009 2006, this
613 section does not apply to the terms of that order which
614 expressly govern relocation of the child or a change in the
615 principal residence address of a parent or other person.
616 Section 4. Subsection (1) of section 61.183, Florida
617 Statutes, is amended to read:
618 61.183 Mediation of certain contested issues.—
619 (1) In any proceeding in which the issues of parental
620 responsibility, primary residence, access to, visitation with,
621 or support of a child are contested, the court may refer the
622 parties to mediation in accordance with rules promulgated by the
623 Supreme Court. In Title IV-D cases, any costs, including filing
624 fees, recording fees, mediation costs, service of process fees,
625 and other expenses incurred by the clerk of the circuit court,
626 shall be assessed only against the nonprevailing obligor after
627 the court makes a determination of the nonprevailing obligor’s
628 ability to pay such costs and fees.
629 Section 5. Subsection (3) of section 61.20, Florida
630 Statutes, is amended to read:
631 61.20 Social investigation and recommendations regarding a
632 parenting plan.—
633 (3) Except as to persons who obtain certification of
634 indigence as specified in subsection (2), for whom no costs are
635 shall be incurred, the parents adult parties involved in a
636 proceeding to determine a parenting plan where wherein the court
637 has ordered the performance of a social investigation and study
638 are shall be responsible for paying the payment of the costs of
639 the such investigation and study. Upon submitting submission of
640 the study to the court, the agency, staff, or person performing
641 the study shall include a bill for services, which shall be
642 taxed and ordered paid as costs in the proceeding.
643 Section 6. Paragraph (a) of subsection (2) and subsections
644 (5) and (9) of section 61.21, Florida Statutes, are amended to
645 read:
646 61.21 Parenting course authorized; fees; required
647 attendance authorized; contempt.—
648 (2) The Department of Children and Family Services shall
649 approve a parenting course which shall be a course of a minimum
650 of 4 hours designed to educate, train, and assist divorcing
651 parents in regard to the consequences of divorce on parents and
652 children.
653 (a) The parenting course referred to in this section shall
654 be named the Parent Education and Family Stabilization Course
655 and may include, but need not be limited to, the following
656 topics as they relate to court actions between parents involving
657 custody, care, access to visitation, and support of a child or
658 children:
659 1. Legal aspects of deciding child-related issues between
660 parents.
661 2. Emotional aspects of separation and divorce on adults.
662 3. Emotional aspects of separation and divorce on children.
663 4. Family relationships and family dynamics.
664 5. Financial responsibilities to a child or children.
665 6. Issues regarding spousal or child abuse and neglect.
666 7. Skill-based relationship education that may be
667 generalized to parenting, workplace, school, neighborhood, and
668 civic relationships.
669 (5) All parties required to complete a parenting course
670 under this section shall begin the course as expeditiously as
671 possible. For dissolution of marriage actions, unless excused by
672 the court pursuant to subsection (4), the petitioner must
673 complete the course within 45 days after the filing of the
674 petition, and all other parties must complete the course within
675 45 days after service of the petition. For paternity actions,
676 unless excused by the court pursuant to subsection (4), the
677 petitioner must complete the course within 45 days after filing
678 the petition, and any other party must complete the course
679 within 45 days after an acknowledgment of paternity by that
680 party, an adjudication of paternity of that party, or an order
681 granting access visitation to or support from that party. Each
682 party to a dissolution or paternity action shall file proof of
683 compliance with this subsection with the court prior to the
684 entry of the final judgment.
685 (9) The court may hold any parent who fails to attend a
686 required parenting course in contempt, or that parent may be
687 denied shared parental responsibility or access visitation or
688 otherwise sanctioned as the court deems appropriate.
689 Section 7. Paragraph (b) of subsection (11) of section
690 61.30, Florida Statutes, is amended to read:
691 61.30 Child support guidelines; retroactive child support.—
692 (11)
693 (b) Whenever a particular parenting plan provides that each
694 child spend a substantial amount of time with each parent, the
695 court shall adjust any award of child support, as follows:
696 1. In accordance with subsections (9) and (10), calculate
697 the amount of support obligation apportioned to each parent
698 without including day care and health insurance costs in the
699 calculation and multiply the amount by 1.5.
700 2. Calculate the percentage of overnight stays the child
701 spends with each parent.
702 3. Multiply each parent’s support obligation as calculated
703 in subparagraph 1. by the percentage of the other parent’s
704 overnight stays with the child as calculated in subparagraph 2.
705 4. The difference between the amounts calculated in
706 subparagraph 3. shall be the monetary transfer necessary between
707 the parents for the care of the child, subject to an adjustment
708 for day care and health insurance expenses.
709 5. Pursuant to subsections (7) and (8), calculate the net
710 amounts owed by each parent for the expenses incurred for day
711 care and health insurance coverage for the child. Day care shall
712 be calculated without regard to the 25-percent reduction applied
713 by subsection (7).
714 6. Adjust the support obligation owed by each parent
715 pursuant to subparagraph 4. by crediting or debiting the amount
716 calculated in subparagraph 5. This amount represents the child
717 support which must be exchanged between the parents.
718 7. The court may deviate from the child support amount
719 calculated pursuant to subparagraph 6. based upon the deviation
720 factors in paragraph (a), as well as the obligee parent’s low
721 income and ability to maintain the basic necessities of the home
722 for the child, the likelihood that either parent will actually
723 exercise the time-sharing schedule set forth in the parenting
724 plan granted by the court, and whether all of the children are
725 exercising the same time-sharing schedule.
726 8. For purposes of adjusting any award of child support
727 under this paragraph, “substantial amount of time” means that a
728 parent exercises access visitation at least 40 percent of the
729 overnights of the year.
730 Section 8. Paragraph (a) of subsection (5) of section
731 741.30, Florida Statutes, is amended to read:
732 741.30 Domestic violence; injunction; powers and duties of
733 court and clerk; petition; notice and hearing; temporary
734 injunction; issuance of injunction; statewide verification
735 system; enforcement.—
736 (5)(a) If When it appears to the court that an immediate
737 and present danger of domestic violence exists, the court may
738 grant a temporary injunction ex parte, pending a full hearing,
739 and may grant such relief as the court deems proper, including
740 an injunction:
741 1. Restraining the respondent from committing any acts of
742 domestic violence.
743 2. Awarding to the petitioner the temporary exclusive use
744 and possession of the dwelling that the parties share or
745 excluding the respondent from the residence of the petitioner.
746 3. On the same basis as provided in s. 61.13, providing the
747 petitioner a temporary parenting plan, including a time-sharing
748 schedule, which may award the petitioner up to with 100 percent
749 of the time-sharing. The temporary parenting plan remains that
750 shall remain in effect until the order expires or an order is
751 entered by a court of competent jurisdiction in a pending or
752 subsequent civil action or proceeding affecting the placement
753 of, access to, parental time with, adoption of, or parental
754 rights and responsibilities for the minor child.
755 Section 9. This act shall take effect July 1, 2009.
756
757 ================= T I T L E A M E N D M E N T ================
758 And the title is amended as follows:
759
760 Delete everything before the enacting clause
761 and insert:
762 A bill to be entitled
763 An act relating to parental responsibility and time
764 sharing; amending s. 61.046, F.S.; redefining the
765 terms “parenting plan” and “parenting plan
766 recommendations”; amending s. 61.13, F.S., relating to
767 child support, parenting plans, and time-sharing;
768 deleting obsolete provisions; requiring a parenting
769 plan to include the address to be used for determining
770 school boundaries; revising the elements of the
771 rebuttable presumption that shared parental
772 responsibility is detrimental to a child when a parent
773 is convicted of a crime involving domestic violence;
774 providing that the presumption applies to a crime that
775 is a misdemeanor of the first degree or higher rather
776 than to a crime that is a felony of the third degree
777 or higher; allowing the modification of a parenting
778 plan only upon a showing of substantially changed
779 circumstances; requiring a court to make explicit
780 written findings if, when determining the best
781 interests of a child for the purposes of shared
782 parental responsibility and visitation, the court
783 considered evidence of domestic or sexual violence and
784 child abuse, abandonment, or neglect; amending s.
785 61.13001, F.S., relating to parental relocation;
786 deleting terms and redefining the terms “other
787 person,” “parent,” and “relocation”; substituting the
788 term “access to” for “visitation”; deleting provisions
789 relating to the requirement for a Notice of Intent to
790 Relocate and substituting procedures relating to
791 filing a petition to relocate; requiring a hearing on
792 a motion seeking a temporary relocation to be held
793 within a certain time; providing for applicability of
794 changes made by the act; amending ss. 61.183, 61.20,
795 61.21, and 61.30, F.S.; conforming provisions to
796 changes made by the act; amending s. 741.30, F.S.,
797 relating to domestic violence; authorizing a court to
798 issue an ex parte injunction that provides a temporary
799 parenting plan; providing an effective date.