Florida Senate - 2009                                     SB 904
       
       
       
       By Senator Deutch
       
       
       
       
       30-00020A-09                                           2009904__
    1                        A bill to be entitled                      
    2         An act relating to child custody and visitation;
    3         amending s. 61.046, F.S.; redefining the terms
    4         “parenting plan” and “parenting plan recommendations”;
    5         amending s. 61.13, F.S., relating to child support,
    6         parenting plans, and time-sharing; deleting obsolete
    7         provisions; requiring a parenting plan to include the
    8         address to be used for determining school boundaries;
    9         revising the elements of the rebuttable presumption
   10         that a parent is a detriment to his or her child if he
   11         or she is convicted of a crime involving domestic
   12         violence; providing that the presumption applies to a
   13         crime that is a misdemeanor of the first degree or
   14         higher rather than to a crime that is a felony of the
   15         third degree or higher; allowing the modification of a
   16         parenting plan only upon a showing of changed
   17         circumstances; requiring a court to make explicit
   18         written findings that, when determining the best
   19         interests of a child for the purposes of shared
   20         parental responsibility and visitation, the court
   21         considered evidence of domestic or sexual violence and
   22         child abuse, abandonment, or neglect; amending s.
   23         61.13001, F.S., relating to parental relocation;
   24         deleting terms and redefining the terms “other
   25         person,” “parent,” and “relocation”; substituting the
   26         term “access to” for “visitation”; deleting provisions
   27         relating to the requirement for a Notice of Intent to
   28         Relocate and substituting procedures relating to
   29         filing a petition to relocate; requiring a hearing on
   30         a motion seeking a temporary relocation to be held
   31         within a certain time; providing for applicability of
   32         changes made by the act; amending ss. 61.183, 61.20,
   33         61.21, and 61.30, F.S.; conforming terms; amending s.
   34         741.30, F.S., relating to domestic violence;
   35         authorizing a court to issue an ex parte injunction
   36         that provides a temporary parenting plan; providing an
   37         effective date.
   38         
   39  Be It Enacted by the Legislature of the State of Florida:
   40         
   41         Section 1. Subsections (13) and (14) of section 61.046,
   42  Florida Statutes, are amended to read:
   43         61.046 Definitions.—As used in this chapter, the term:
   44         (13) “Parenting plan” means a document created to govern
   45  the relationship between the parents parties relating to the
   46  decisions that must be made regarding the minor child and must
   47  shall contain a time-sharing schedule for the parents and child.
   48  The issues concerning the minor child may include, but are not
   49  limited to, the child's education, health care, and physical,
   50  social, and emotional well-being. In creating the plan, all
   51  circumstances between the parents parties, including their the
   52  parties' historic relationship, domestic violence, and other
   53  factors must be taken into consideration.
   54         (a) The parenting plan must shall be:
   55         1. Developed and agreed to by the parents and approved by a
   56  court; or,
   57         2. If the parents cannot agree or the plan is not approved
   58  by the court, established by the court with or without the use
   59  of a court-ordered parenting plan recommendation.
   60         (b)(a) Any parenting plan formulated under this chapter
   61  must address all jurisdictional issues, including, but not
   62  limited to, the Uniform Child Custody Jurisdiction and
   63  Enforcement Act, part II of this chapter, the International
   64  Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the
   65  Parental Kidnapping Prevention Act, and the Convention on the
   66  Civil Aspects of International Child Abduction enacted at the
   67  Hague on October 25, 1980.
   68         (c)(b) For purposes of the application of the Uniform Child
   69  Custody Jurisdiction and Enforcement Act, part II of this
   70  chapter, a judgment or order incorporating a parenting plan
   71  under this part is a child custody determination under part II
   72  of this chapter.
   73         (d)(c) For purposes of the International Child Abduction
   74  Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
   75  the Civil Aspects of International Child Abduction, enacted at
   76  the Hague on October 25, 1980, rights of custody are shall be
   77  determined pursuant to under the parenting plan under this part.
   78         (14) “Parenting plan recommendation” means a nonbinding
   79  recommendation relating to a parenting plan which is made by a
   80  psychologist licensed under chapter 490, a psychotherapist
   81  licensed under chapter 491, a guardian ad litem appointed
   82  pursuant to s. 61.401, or a licensed mental health professional
   83  appointed by the court pursuant to Rule 12.363, Florida Family
   84  Law Rules of Procedure.
   85         Section 2. Paragraph (d) of subsection (1) and subsections
   86  (2), (3), and (6) of section 61.13, Florida Statutes, are
   87  amended, to read:
   88         61.13 Support of children; parenting and time-sharing;
   89  powers of court.—
   90         (1)
   91         (d)1. Unless the provisions of subparagraph 2. 3. apply,
   92  all child support orders must require entered on or after
   93  January 1, 1985, shall direct that child support the payments be
   94  made of child support be made as provided in s. 61.181 through
   95  the depository in the county where the court is located as
   96  provided in s. 61.181. All child support orders must shall
   97  provide the full name and date of birth of each minor child who
   98  is the subject of the child support order.
   99         2.Unless the provisions of subparagraph 3. apply, all
  100  child support orders entered before January 1, 1985, shall be
  101  modified by the court to direct that payments of child support
  102  shall be made through the depository in the county where the
  103  court is located upon the subsequent appearance of either or
  104  both parents to modify or enforce the order, or in any related
  105  proceeding.
  106         2.3. If both parties request and the court finds that it is
  107  in the best interest of the child, support payments need not be
  108  directed through the depository. The order of support must shall
  109  provide, or shall be deemed to provide, that either party may
  110  subsequently apply to the depository to require that direction
  111  of the payments be made through the depository. The court shall
  112  provide a copy of the order to the depository.
  113         3.4. If the parties elect not to require that support
  114  payments be made through the depository, any party may
  115  subsequently file an affidavit with the depository alleging a
  116  default in payment of child support and stating that the party
  117  wishes to require that payments be made through the depository.
  118  The party shall provide copies of the affidavit to the court and
  119  to the each other party. Fifteen days after receipt of the
  120  affidavit, the depository shall notify both parties that future
  121  payments must shall be paid through the depository.
  122         4.5. In IV-D cases, the IV-D agency has shall have the same
  123  rights as the obligee in requesting that payments be made
  124  through the depository.
  125         (2)(a) The court may shall have jurisdiction to approve,
  126  grant, or modify a parenting plan, notwithstanding that the
  127  child is not physically present in this state at the time of
  128  filing any proceeding under this chapter, if it appears to the
  129  court that the child was removed from this state for the primary
  130  purpose of removing the child from the court's jurisdiction of
  131  the court in an attempt to avoid the court's approval, creation,
  132  or modification of a parenting plan.
  133         (b) A Any parenting plan approved by the court must, at a
  134  minimum, describe in adequate detail how the parents will share
  135  and be responsible for the daily tasks associated with the
  136  upbringing of the child;, the time-sharing schedule arrangements
  137  that specify the time that the minor child will spend with each
  138  parent;, a designation of who will be responsible for any and
  139  all forms of health care, school-related matters including the
  140  address to be used for school-boundary determination and
  141  registration, and other activities;, and the methods and
  142  technologies that the parents will use to communicate with the
  143  child.
  144         (c)1. The court shall determine all matters relating to
  145  parenting and time-sharing of each minor child of the parties in
  146  accordance with the best interests of the child and in
  147  accordance with the Uniform Child Custody Jurisdiction and
  148  Enforcement Act.
  149         1. It is the public policy of this state to assure that
  150  each minor child has frequent and continuing contact with both
  151  parents after the parents separate or the marriage of the
  152  parties is dissolved and to encourage parents to share the
  153  rights and responsibilities, and joys, of childrearing. There is
  154  no presumption for or against the father or mother of the child
  155  when creating or modifying the parenting plan of the child.
  156         2. The court shall order that the parental responsibility
  157  for a minor child be shared by both parents unless the court
  158  finds that shared parental responsibility would be detrimental
  159  to the child. Evidence that a parent has been convicted of a
  160  misdemeanor felony of the first third degree or higher involving
  161  domestic violence, as defined in s. 741.28 and chapter 775, or
  162  meets the criteria of s. 39.806(1)(d), creates a rebuttable
  163  presumption of detriment to the child. If the presumption is not
  164  rebutted, shared parental responsibility, including time-sharing
  165  with the child, and decisions made regarding the child, may not
  166  be granted to the convicted parent. However, the convicted
  167  parent is not relieved of any obligation to provide financial
  168  support. If the court determines that shared parental
  169  responsibility would be detrimental to the child, it may order
  170  sole parental responsibility and make such arrangements for
  171  time-sharing as specified in the parenting plan as will best
  172  protect the child or abused spouse from further harm. Whether or
  173  not there is a conviction of any offense of domestic violence or
  174  child abuse or the existence of an injunction for protection
  175  against domestic violence, the court shall consider evidence of
  176  domestic violence or child abuse as evidence of detriment to the
  177  child.
  178         a. In ordering shared parental responsibility, the court
  179  may consider the expressed desires of the parents and may grant
  180  to one party the ultimate responsibility over specific aspects
  181  of the child's welfare or may divide those responsibilities
  182  between the parties based on the best interests of the child.
  183  Areas of responsibility may include education, health care, and
  184  any other responsibilities that the court finds unique to a
  185  particular family.
  186         b. The court shall order sole parental responsibility for
  187  a minor child to one parent, with or without time-sharing with
  188  the other parent if” when it is in the best interests of the
  189  minor child.
  190         3. Access to records and information pertaining to a minor
  191  child, including, but not limited to, medical, dental, and
  192  school records, may not be denied to either parent. Full rights
  193  under this subparagraph apply to either parent unless a court
  194  order specifically revokes these rights, including any
  195  restrictions on these rights as provided in a domestic violence
  196  injunction. A parent having rights under this subparagraph has
  197  the same rights upon request as to form, substance, and manner
  198  of access as are available to the other parent of a child,
  199  including, without limitation, the right to in-person
  200  communication with medical, dental, and education providers.
  201         (d) The circuit court in the county in which either parent
  202  and the child reside or the circuit court in which the original
  203  order approving or creating the parenting plan was entered may
  204  has jurisdiction to modify the parenting plan. The court may
  205  change the venue in accordance with s. 47.122.
  206         (3) For purposes of establishing or modifying parental
  207  responsibility and creating, developing, approving, or modifying
  208  a parenting plan, including a time-sharing schedule, which
  209  governs each parent's relationship with his or her minor child
  210  and the relationship between each parent with regard to his or
  211  her minor child, the best interest of the child shall be the
  212  primary consideration. However, any modification of the plan
  213  requires a showing of a substantial, involuntary change in
  214  circumstances before determining the child's best interests.
  215  Determination of the best interests of the child shall be made
  216  by evaluating all of the factors affecting the welfare and
  217  interests of the minor child, including, but not limited to:
  218         (a) The demonstrated capacity and disposition of each
  219  parent to facilitate and encourage a close and continuing
  220  parent-child relationship, to honor the time-sharing schedule,
  221  and to be reasonable when changes are required.
  222         (b) The anticipated division of parental responsibilities
  223  after the litigation, including the extent to which parental
  224  responsibilities will be delegated to third parties.
  225         (c) The demonstrated capacity and disposition of each
  226  parent to determine, consider, and act upon the needs of the
  227  child as opposed to the needs or desires of the parent.
  228         (d) The length of time the child has lived in a stable,
  229  satisfactory environment and the desirability of maintaining
  230  continuity.
  231         (e) The geographic viability of the parenting plan, with
  232  special attention paid to the needs of school-age children and
  233  the amount of time to be spent traveling to effectuate the
  234  parenting plan. This factor does not create a presumption for or
  235  against relocation of either parent with a child.
  236         (f) The moral fitness of the parents.
  237         (g) The mental and physical health of the parents.
  238         (h) The home, school, and community record of the child.
  239         (i) The reasonable preference of the child, if the court
  240  deems the child to be of sufficient intelligence, understanding,
  241  and experience to express a preference.
  242         (j) The demonstrated knowledge, capacity, and disposition
  243  of each parent to be informed of the circumstances of the minor
  244  child, including, but not limited to, the child's friends,
  245  teachers, medical care providers, daily activities, and favorite
  246  things.
  247         (k) The demonstrated capacity and disposition of each
  248  parent to provide a consistent routine for the child, such as
  249  discipline, and daily schedules for homework, meals, and
  250  bedtime.
  251         (l) The demonstrated capacity of each parent to communicate
  252  with and keep the other parent informed of issues and activities
  253  regarding the minor child, and the willingness of each parent to
  254  adopt a unified front on all major issues when dealing with the
  255  child.
  256         (m) Evidence of domestic violence, sexual violence, child
  257  abuse, child abandonment, or child neglect, regardless of
  258  whether a prior or pending action relating to those issues has
  259  been brought. If the court accepts evidence of prior or pending
  260  actions regarding domestic violence, sexual violence, child
  261  abuse, child abandonment, or child neglect, the court must
  262  specifically acknowledge in writing that such evidence was
  263  considered when evaluating the best interests of the child.
  264         (n) Evidence that either parent has knowingly provided
  265  false information to the court regarding any prior or pending
  266  action regarding domestic violence, sexual violence, child
  267  abuse, child abandonment, or child neglect.
  268         (o) The particular parenting tasks customarily performed by
  269  each parent and the division of parental responsibilities before
  270  the institution of litigation and during the pending litigation,
  271  including the extent to which parenting responsibilities were
  272  undertaken by third parties.
  273         (p) The demonstrated capacity and disposition of each
  274  parent to participate and be involved in the child's school and
  275  extracurricular activities.
  276         (q) The demonstrated capacity and disposition of each
  277  parent to maintain an environment for the child which is free
  278  from substance abuse.
  279         (r) The capacity and disposition of each parent to protect
  280  the child from the ongoing litigation as demonstrated by not
  281  discussing the litigation with the child, not sharing documents
  282  or electronic media related to the litigation with the child,
  283  and refraining from disparaging comments about the other parent
  284  to the child.
  285         (s) The developmental stages and needs of the child and the
  286  demonstrated capacity and disposition of each parent to meet the
  287  child's developmental needs.
  288         (t) Any other factor that is relevant to the determination
  289  of a specific parenting plan, including the time-sharing
  290  schedule.
  291         (6) In any proceeding under this section, the court may not
  292  deny shared parental responsibility and time-sharing rights to a
  293  parent solely because that parent is or is believed to be
  294  infected with human immunodeficiency virus, but the court may,
  295  condition such rights to require that parent in an order
  296  approving the parenting plan, require that parent to observe
  297  measures approved by the Centers for Disease Control and
  298  Prevention of the United States Public Health Service or by the
  299  Department of Health for preventing the spread of human
  300  immunodeficiency virus to the child.
  301         Section 3. Section 61.13001, Florida Statutes, is amended
  302  to read:
  303         61.13001 Parental relocation with a child.—
  304         (1) DEFINITIONS.—As used in this section, the term:
  305         (a)“Change of residence address” means the relocation of a
  306  child to a principal residence more than 50 miles away from his
  307  or her principal place of residence at the time of the entry of
  308  the last order establishing or modifying the parenting plan or
  309  the time-sharing schedule or both for the minor child, unless
  310  the move places the principal residence of the minor child less
  311  than 50 miles from either parent.
  312         (a)(b) “Child” means any person who is under the
  313  jurisdiction of a state court pursuant to the Uniform Child
  314  Custody Jurisdiction and Enforcement Act or is the subject of
  315  any order granting to a parent or other person any right to
  316  time-sharing, residential care, kinship, or custody, as provided
  317  under state law.
  318         (b)(c) “Court” means the circuit court in an original
  319  proceeding which has proper venue and jurisdiction in accordance
  320  with the Uniform Child Custody Jurisdiction and Enforcement Act,
  321  the circuit court in the county in which either parent and the
  322  child reside, or the circuit court in which the original action
  323  was adjudicated.
  324         (c)(d) “Other person” means an individual who is not the
  325  parent, but with whom the child resides pursuant to and who, by
  326  court order, maintains the primary residence of a child or who
  327  has the right of access to and time-sharing with the visitation
  328  rights with a child.
  329         (d)(e) “Parent” means any person so named by court order or
  330  express written agreement who that is subject to court
  331  enforcement, or a person reflected as a parent on a birth
  332  certificate and who is entitled to access to or time-sharing
  333  with the child in whose home a child maintains a residence.
  334         (e)(f) “Relocation” means a change in the location of the
  335  principal residence of a parent or other person from his or her
  336  principal place of residence at the time of the last order
  337  establishing or modifying time-sharing, or at the time of filing
  338  a pending action to establish or modify time-sharing. The change
  339  of location must be at least 50 miles from the original place of
  340  residence, and for at least child for a period of 60 consecutive
  341  days not including or more but does not include a temporary
  342  absence from the principal residence for purposes of vacation,
  343  education, or the provision of health care for the child.
  344         (2) RELOCATION BY AGREEMENT.—
  345         (a) If the parents and every other person entitled to
  346  access to or time-sharing with the child agree to the relocation
  347  of the child, they may satisfy the requirements of this section
  348  by signing a written agreement that:
  349         1. Reflects the consent to the relocation;
  350         2. Defines an access or a time-sharing schedule for the
  351  nonrelocating parent and any other persons who are entitled to
  352  access or time-sharing; and
  353         3. Describes, if necessary, any transportation arrangements
  354  related to access or time-sharing the visitation.
  355         (b) If there is an existing cause of action, judgment, or
  356  decree of record pertaining to the child's residence or a time
  357  sharing schedule, the parties shall seek ratification of the
  358  agreement by court order without the necessity of an evidentiary
  359  hearing unless a hearing is requested, in writing, by one or
  360  more of the parties to the agreement within 10 days after the
  361  date the agreement is filed with the court. If a hearing is not
  362  timely requested, it is shall be presumed that the relocation is
  363  in the best interest of the child and the court may ratify the
  364  agreement without an evidentiary hearing.
  365         (3) PETITION NOTICE OF INTENT TO RELOCATE WITH A CHILD.
  366  Unless an agreement has been entered as described in subsection
  367  (2), a parent or other person seeking relocation must file a
  368  petition to relocate and serve it upon who is entitled to time
  369  sharing with the child shall notify the other parent, and every
  370  other person entitled to access to or time-sharing with the
  371  child, of a proposed relocation of the child's residence. The
  372  pleadings must be in accordance with form of notice shall be
  373  according to this section:
  374         (a) The petition to relocate must be signed under oath
  375  under penalty of perjury and include parent seeking to relocate
  376  shall prepare a Notice of Intent to Relocate. The following
  377  information must be included with the Notice of Intent to
  378  Relocate and signed under oath under penalty of perjury:
  379         1. A description of the location of the intended new
  380  residence, including the state, city, and specific physical
  381  address, if known.
  382         2. The mailing address of the intended new residence, if
  383  not the same as the physical address, if known.
  384         3. The home telephone number of the intended new residence,
  385  if known.
  386         4. The date of the intended move or proposed relocation.
  387         5. A detailed statement of the specific reasons for the
  388  proposed relocation of the child. If one of the reasons is based
  389  upon a job offer that which has been reduced to writing, the
  390  that written job offer must be attached to the petition Notice
  391  of Intent to Relocate.
  392         6. A proposal for the revised postrelocation schedule for
  393  access and of time-sharing together with a proposal for the
  394  postrelocation transportation arrangements necessary to
  395  effectuate time-sharing with the child. Absent the existence of
  396  a current, valid order abating, terminating, or restricting
  397  access or time-sharing visitation or other good cause predating
  398  the petition Notice of Intent to Relocate, failure to comply
  399  with this provision renders the petition Notice of Intent to
  400  relocate legally insufficient.
  401         7.Substantially the following statement, in all capital
  402  letters and in the same size type, or larger, as the type in the
  403  remainder of the notice:
  404  AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
  405  FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
  406  SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
  407  OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
  408  RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
  409  THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
  410  WITHOUT A HEARING.
  411         8.The mailing address of the parent or other person
  412  seeking to relocate to which the objection filed under
  413  subsection (5) to the Notice of Intent to Relocate should be
  414  sent.
  415  The contents of the Notice of Intent to Relocate are not
  416  privileged. For purposes of encouraging amicable resolution of
  417  the relocation issue, a copy of the Notice of Intent to Relocate
  418  shall initially not be filed with the court but instead served
  419  upon the nonrelocating parent, other person, and every other
  420  person entitled to time-sharing with the child, and the original
  421  thereof shall be maintained by the parent or other person
  422  seeking to relocate.
  423         (b)The parent seeking to relocate shall also prepare a
  424  Certificate of Serving Notice of Intent to Relocate. The
  425  certificate shall certify the date that the Notice of Intent to
  426  Relocate was served on the other parent and on every other
  427  person entitled to time-sharing with the child.
  428         (b)(c) The petition Notice of Intent to relocate must, and
  429  the Certificate of Serving Notice of Intent to Relocate, shall
  430  be served on the other parent and on every other person entitled
  431  to access to and time-sharing with the child. If there is a
  432  pending court action regarding the child, service of process may
  433  be according to court rule. Otherwise, service of process shall
  434  be according to chapters 48 and 49 or via certified mail,
  435  restricted delivery, return receipt requested.
  436         (c)(d) A parent or other person seeking to relocate giving
  437  notice of a proposed relocation or change of residence address
  438  under this section has a continuing duty to provide current and
  439  updated information required by this section when that
  440  information becomes known.
  441         (d)(e) If the other parent and any other person entitled to
  442  access to or time-sharing with the child fails to timely respond
  443  to the petition to relocate file an objection, it is shall be
  444  presumed that the relocation is in the best interest of the
  445  child, that the relocation should shall be allowed, and that the
  446  court shall, absent good cause, enter an order, attaching a copy
  447  of the Notice of Intent to Relocate, reflecting that the order
  448  is entered as a result of the failure to respond to the petition
  449  object to the Notice of Intent to Relocate, and adopting the
  450  access and time-sharing schedule and transportation arrangements
  451  contained in the petition Notice of Intent to Relocate. The
  452  order may be issued issue in an expedited manner without the
  453  necessity of an evidentiary hearing. If a response an objection
  454  is timely filed, the parent or other person may not relocate,
  455  and must proceed to a temporary hearing or trial and the burden
  456  returns to the parent or person seeking to relocate to initiate
  457  court proceedings to obtain court permission to relocate before
  458  doing so.
  459         (f) The act of Relocating the child without complying after
  460  failure to comply with the requirements of notice of intent to
  461  relocate procedure described in this subsection subjects the
  462  party in violation thereof to contempt and other proceedings to
  463  compel the return of the child and may be taken into account by
  464  the court in any initial or postjudgment action seeking a
  465  determination or modification of the parenting plan or the
  466  access or the time-sharing schedule, or both, as:
  467         1. A factor in making a determination regarding the
  468  relocation of a child.
  469         2. A factor in determining whether the parenting plan or
  470  the access or time-sharing schedule should be modified.
  471         3. A basis for ordering the temporary or permanent return
  472  of the child.
  473         4. Sufficient cause to order the parent or other person
  474  seeking to relocate the child to pay reasonable expenses and
  475  attorney's fees incurred by the party objecting to the
  476  relocation.
  477         5. Sufficient cause for the award of reasonable attorney's
  478  fees and costs, including interim travel expenses incident to
  479  access or time-sharing or securing the return of the child.
  480         (4) APPLICABILITY OF PUBLIC RECORDS LAW.—If the parent or
  481  other person seeking to relocate a child, or the child, is
  482  entitled to prevent disclosure of location information under a
  483  any public records exemption applicable to that person, the
  484  court may enter any order necessary to modify the disclosure
  485  requirements of this section in compliance with the public
  486  records exemption.
  487         (5) CONTENT OF OBJECTION TO RELOCATION.—An answer objecting
  488  to a proposed relocation objection seeking to prevent the
  489  relocation of a child must be verified and and served within 30
  490  days after service of the Notice of Intent to Relocate. The
  491  objection must include the specific factual basis supporting the
  492  reasons for seeking a prohibition of the relocation, including a
  493  statement of the amount of participation or involvement the
  494  objecting party currently has or has had in the life of the
  495  child.
  496         (6) TEMPORARY ORDER.—
  497         (a) The court may grant a temporary order restraining the
  498  relocation of a child, order or ordering the return of the
  499  child, if a relocation has previously taken place, or order
  500  other appropriate remedial relief, if the court finds:
  501         1. The petition to relocate is not in accordance with
  502  subsection (3) The required notice of a proposed relocation of a
  503  child was not provided in a timely manner;
  504         2. The child already has been relocated without notice or
  505  written agreement of the parties or without court approval; or
  506         3. From an examination of the evidence presented at the
  507  preliminary hearing that there is a likelihood that upon final
  508  hearing the court will not approve the relocation of the child.
  509         (b) The court may grant a temporary order permitting the
  510  relocation of the child pending final hearing, if the court
  511  finds:
  512         1. Finds That the petition required Notice of Intent to
  513  relocate was properly filed and is otherwise in accordance with
  514  subsection (3) provided in a timely manner; and
  515         2. Finds From an examination of the evidence presented at
  516  the preliminary hearing, that there is a likelihood that on
  517  final hearing the court will approve the relocation of the
  518  child, which findings must be supported by the same factual
  519  basis as would be necessary to support approving the permitting
  520  of relocation in a final judgment.
  521         (c) If the court has issued a temporary order authorizing a
  522  party seeking to relocate or move a child before a final
  523  judgment is rendered, the court may not give any weight to the
  524  temporary relocation as a factor in reaching its final decision.
  525         (d) If temporary relocation of a child is approved
  526  permitted, the court may require the person relocating the child
  527  to provide reasonable security, financial or otherwise, and
  528  guarantee that the court-ordered contact with the child will not
  529  be interrupted or interfered with by the relocating party.
  530         (7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
  531  RELOCATION.—A presumption does not arise in favor of or against
  532  a request to relocate with the child does not arise if when a
  533  parent or other person seeks to relocate move the child and the
  534  move will materially affect the current schedule of contact,
  535  access, and time-sharing with the nonrelocating parent or other
  536  person. In reaching its decision regarding a proposed temporary
  537  or permanent relocation, the court shall evaluate all of the
  538  following factors:
  539         (a) The nature, quality, extent of involvement, and
  540  duration of the child's relationship with the parent or other
  541  person proposing to relocate with the child and with the
  542  nonrelocating parent or other person, other persons, siblings,
  543  half-siblings, and other significant persons in the child's
  544  life.
  545         (b) The age and developmental stage of the child, the needs
  546  of the child, and the likely impact the relocation will have on
  547  the child's physical, educational, and emotional development,
  548  taking into consideration any special needs of the child.
  549         (c) The feasibility of preserving the relationship between
  550  the nonrelocating parent or other person and the child through
  551  substitute arrangements that take into consideration the
  552  logistics of contact, access, and time-sharing, as well as the
  553  financial circumstances of the parties; whether those factors
  554  are sufficient to foster a continuing meaningful relationship
  555  between the child and the nonrelocating parent or other person;
  556  and the likelihood of compliance with the substitute
  557  arrangements by the relocating parent or other person once he or
  558  she is out of the court's jurisdiction of the court.
  559         (d) The child's preference, taking into consideration the
  560  age and maturity of the child.
  561         (e) Whether the relocation will enhance the general quality
  562  of life for both the parent or other person seeking the
  563  relocation and the child, including, but not limited to,
  564  financial or emotional benefits or educational opportunities.
  565         (f) The reasons of each parent or other person is for
  566  seeking or opposing the relocation.
  567         (g) The current employment and economic circumstances of
  568  each parent or other person and whether or not the proposed
  569  relocation is necessary to improve the economic circumstances of
  570  the parent or other person seeking relocation of the child.
  571         (h) That the relocation is sought in good faith and the
  572  extent to which the objecting parent has fulfilled his or her
  573  financial obligations to the parent or other person seeking
  574  relocation, including child support, spousal support, and
  575  marital property and marital debt obligations.
  576         (i) The career and other opportunities available to the
  577  objecting parent or objecting other person if the relocation
  578  occurs.
  579         (j) A history of substance abuse or domestic violence as
  580  defined in s. 741.28 or which meets the criteria of s.
  581  39.806(1)(d) by either parent, including a consideration of the
  582  severity of such conduct and the failure or success of any
  583  attempts at rehabilitation.
  584         (k) Any other factor affecting the best interest of the
  585  child or as set forth in s. 61.13.
  586         (8) BURDEN OF PROOF.—The parent or other person wishing to
  587  relocate has the burden of proving proof if an objection is
  588  filed and must then initiate a proceeding seeking court
  589  permission for relocation. The initial burden is on the parent
  590  or person wishing to relocate to prove by a preponderance of the
  591  evidence that relocation is in the best interest of the child.
  592  If that burden of proof is met, the burden shifts to the
  593  nonrelocating parent or other person to show by a preponderance
  594  of the evidence that the proposed relocation is not in the best
  595  interest of the child.
  596         (9) ORDER REGARDING RELOCATION.—If relocation is approved
  597  permitted:
  598         (a) The court may, in its discretion, order contact with
  599  the nonrelocating parent or other person, including access,
  600  time-sharing, telephone, Internet, webcam, and other
  601  arrangements sufficient to ensure that the child has frequent,
  602  continuing, and meaningful contact, access, and time-sharing
  603  with the nonrelocating parent or other person persons, if
  604  contact is financially affordable and in the best interest of
  605  the child.
  606         (b) If applicable, the court shall specify how the
  607  transportation costs are to will be allocated between the
  608  parents and other persons entitled to contact, access, and time
  609  sharing and may adjust the child support award, as appropriate,
  610  considering the costs of transportation and the respective net
  611  incomes of the parents or other persons in accordance with the
  612  state child support guidelines schedule.
  613         (10) PRIORITY FOR HEARING OR TRIAL.—An evidentiary hearing
  614  or nonjury trial on a pleading seeking temporary or permanent
  615  relief filed under this section shall be accorded priority on
  616  the court's calendar. If a motion seeking a temporary relocation
  617  is filed, absent good cause, the hearing must occur within 30
  618  days. Once the notice to set cause for a nonjury trial is filed,
  619  absent good cause, the nonjury trial must occur within 90 days.
  620         (11) APPLICABILITY.—
  621         (a) This section applies:
  622         1. To orders entered before October 1, 2009 2006, if the
  623  existing order defining custody, primary residence, the
  624  parenting plan, time-sharing, or access to visitation of or with
  625  the child does not expressly govern the relocation of the child.
  626         2. To an order, whether temporary or permanent, regarding
  627  the parenting plan, custody, primary residence, time-sharing, or
  628  access to visitation of or with the child entered on or after
  629  October 1, 2009 2006.
  630         3. To any relocation or proposed relocation, whether
  631  permanent or temporary, of a child during any proceeding pending
  632  on October 1, 2009 2006, wherein the parenting plan, custody,
  633  primary residence, time-sharing, or access to visitation of or
  634  with the child is an issue.
  635         (b) To the extent that a provision of this section
  636  conflicts with an order existing on October 1, 2009 2006, this
  637  section does not apply to the terms of that order which
  638  expressly govern relocation of the child or a change in the
  639  principal residence address of a parent or other person.
  640         Section 4. Subsection (1) of section 61.183, Florida
  641  Statutes, is amended to read:
  642         61.183 Mediation of certain contested issues.—
  643         (1) In any proceeding in which the issues of parental
  644  responsibility, primary residence, access to visitation, or
  645  support of a child are contested, the court may refer the
  646  parties to mediation in accordance with rules promulgated by the
  647  Supreme Court. In Title IV-D cases, any costs, including filing
  648  fees, recording fees, mediation costs, service of process fees,
  649  and other expenses incurred by the clerk of the circuit court,
  650  shall be assessed only against the nonprevailing obligor after
  651  the court makes a determination of the nonprevailing obligor's
  652  ability to pay such costs and fees.
  653         Section 5. Subsection (3) of section 61.20, Florida
  654  Statutes, is amended to read:
  655         61.20 Social investigation and recommendations regarding a
  656  parenting plan.—
  657         (3) Except as to persons who obtain certification of
  658  indigence as provided specified in subsection (2), for whom no
  659  costs are shall be incurred, the parents adult parties involved
  660  in a proceeding to determine a parenting plan where wherein the
  661  court has ordered the performance of a social investigation and
  662  study are shall be responsible for the payment of the costs of
  663  such investigation and study. Upon submission of the study to
  664  the court, the agency, staff, or person performing the study
  665  shall include a bill for services, which shall be taxed and
  666  ordered paid as costs in the proceeding.
  667         Section 6. Paragraph (a) of subsection (2) and subsections
  668  (5) and (9) of section 61.21, Florida Statutes, are amended to
  669  read:
  670         61.21 Parenting course authorized; fees; required
  671  attendance authorized; contempt.—
  672         (2) The Department of Children and Family Services shall
  673  approve a parenting course which shall be a course of a minimum
  674  of 4 hours designed to educate, train, and assist divorcing
  675  parents in regard to the consequences of divorce on parents and
  676  children.
  677         (a) The parenting course referred to in this section shall
  678  be named the Parent Education and Family Stabilization Course
  679  and may include, but need not be limited to, the following
  680  topics as they relate to court actions between parents involving
  681  custody, care, access to visitation, and support of a child or
  682  children:
  683         1. Legal aspects of deciding child-related issues between
  684  parents.
  685         2. Emotional aspects of separation and divorce on adults.
  686         3. Emotional aspects of separation and divorce on children.
  687         4. Family relationships and family dynamics.
  688         5. Financial responsibilities to a child or children.
  689         6. Issues regarding spousal or child abuse and neglect.
  690         7. Skill-based relationship education that may be
  691  generalized to parenting, workplace, school, neighborhood, and
  692  civic relationships.
  693         (5) All parties required to complete a parenting course
  694  under this section shall begin the course as expeditiously as
  695  possible. For dissolution of marriage actions, unless excused by
  696  the court pursuant to subsection (4), the petitioner must
  697  complete the course within 45 days after the filing of the
  698  petition, and all other parties must complete the course within
  699  45 days after service of the petition. For paternity actions,
  700  unless excused by the court pursuant to subsection (4), the
  701  petitioner must complete the course within 45 days after filing
  702  the petition, and any other party must complete the course
  703  within 45 days after an acknowledgment of paternity by that
  704  party, an adjudication of paternity of that party, or an order
  705  granting access visitation to or support from that party. Each
  706  party to a dissolution or paternity action shall file proof of
  707  compliance with this subsection with the court prior to the
  708  entry of the final judgment.
  709         (9) The court may hold any parent who fails to attend a
  710  required parenting course in contempt, or that parent may be
  711  denied shared parental responsibility or access visitation or
  712  otherwise sanctioned as the court deems appropriate.
  713         Section 7. Paragraph (b) of subsection (11) of section
  714  61.30, Florida Statutes, is amended to read:
  715         61.30 Child support guidelines; retroactive child support.—
  716         (11)
  717         (b) Whenever a particular parenting plan provides that each
  718  child spend a substantial amount of time with each parent, the
  719  court shall adjust any award of child support, as follows:
  720         1. In accordance with subsections (9) and (10), calculate
  721  the amount of support obligation apportioned to each parent
  722  without including day care and health insurance costs in the
  723  calculation and multiply the amount by 1.5.
  724         2. Calculate the percentage of overnight stays the child
  725  spends with each parent.
  726         3. Multiply each parent's support obligation as calculated
  727  in subparagraph 1. by the percentage of the other parent's
  728  overnight stays with the child as calculated in subparagraph 2.
  729         4. The difference between the amounts calculated in
  730  subparagraph 3. shall be the monetary transfer necessary between
  731  the parents for the care of the child, subject to an adjustment
  732  for day care and health insurance expenses.
  733         5. Pursuant to subsections (7) and (8), calculate the net
  734  amounts owed by each parent for the expenses incurred for day
  735  care and health insurance coverage for the child. Day care shall
  736  be calculated without regard to the 25-percent reduction applied
  737  by subsection (7).
  738         6. Adjust the support obligation owed by each parent
  739  pursuant to subparagraph 4. by crediting or debiting the amount
  740  calculated in subparagraph 5. This amount represents the child
  741  support which must be exchanged between the parents.
  742         7. The court may deviate from the child support amount
  743  calculated pursuant to subparagraph 6. based upon the deviation
  744  factors in paragraph (a), as well as the obligee parent's low
  745  income and ability to maintain the basic necessities of the home
  746  for the child, the likelihood that either parent will actually
  747  exercise the time-sharing schedule set forth in the parenting
  748  plan granted by the court, and whether all of the children are
  749  exercising the same time-sharing schedule.
  750         8. For purposes of adjusting any award of child support
  751  under this paragraph, “substantial amount of time” means that a
  752  parent exercises access visitation at least 40 percent of the
  753  overnights of the year.
  754         Section 8. Paragraph (a) of subsection (5) of section
  755  741.30, Florida Statutes, is amended to read:
  756         741.30 Domestic violence; injunction; powers and duties of
  757  court and clerk; petition; notice and hearing; temporary
  758  injunction; issuance of injunction; statewide verification
  759  system; enforcement.—
  760         (5)(a) If When it appears to the court that an immediate
  761  and present danger of domestic violence exists, the court may
  762  grant a temporary injunction ex parte, pending a full hearing,
  763  and may grant such relief as the court deems proper, including
  764  an injunction:
  765         1. Restraining the respondent from committing any acts of
  766  domestic violence.
  767         2. Awarding to the petitioner the temporary exclusive use
  768  and possession of the dwelling that the parties share or
  769  excluding the respondent from the residence of the petitioner.
  770         3. On the same basis as provided in s. 61.13, providing the
  771  petitioner a temporary parenting plan, including a time-sharing
  772  schedule, which may award the petitioner up to with 100 percent
  773  of the time-sharing. The temporary parenting plan remains that
  774  shall remain in effect until the order expires or an order is
  775  entered by a court of competent jurisdiction in a pending or
  776  subsequent civil action or proceeding affecting the placement
  777  of, access to, parental time with, adoption of, or parental
  778  rights and responsibilities for the minor child.
  779         Section 9. This act shall take effect July 1, 2009.