Florida Senate - 2009                       CS for CS for SB 904
       
       
       
       By the Committees on Judiciary; and Children, Families, and
       Elder Affairs; and Senator Deutch
       
       
       
       590-04429-09                                           2009904c2
    1                        A bill to be entitled                      
    2         An act relating to parental responsibility and time
    3         sharing; amending s. 61.046, F.S.; redefining the
    4         terms “parenting plan,” “parenting plan
    5         recommendations,” and “time-sharing schedule”;
    6         amending s. 61.13, F.S., relating to child support,
    7         parenting plans, and time-sharing; deleting obsolete
    8         provisions; requiring a parenting plan to include the
    9         address to be used for determining school boundaries;
   10         revising the elements of the rebuttable presumption
   11         that shared parental responsibility is detrimental to
   12         a child when a parent is convicted of a crime
   13         involving domestic violence; providing that the
   14         presumption applies to a crime that is a misdemeanor
   15         of the first degree or higher rather than to a crime
   16         that is a felony of the third degree or higher;
   17         allowing the modification of a parenting plan only
   18         upon a showing of substantially changed circumstances;
   19         requiring a court to make explicit written findings
   20         if, when determining the best interests of a child for
   21         the purposes of shared parental responsibility and
   22         visitation, the court considered evidence of domestic
   23         or sexual violence and child abuse, abandonment, or
   24         neglect; amending s. 61.13001, F.S., relating to
   25         parental relocation; deleting terms and redefining the
   26         terms “other person,” “parent,” and “relocation”;
   27         substituting the term “access to” for “visitation”;
   28         deleting provisions relating to the requirement for a
   29         Notice of Intent to Relocate and substituting
   30         procedures relating to filing a petition to relocate;
   31         requiring a hearing on a motion seeking a temporary
   32         relocation to be held within a certain time; providing
   33         for applicability of changes made by the act; amending
   34         ss. 61.183, 61.20, 61.21, and 61.30, F.S.; conforming
   35         provisions to changes made by the act; amending s.
   36         741.30, F.S., relating to domestic violence;
   37         authorizing a court to issue an ex parte injunction
   38         that provides a temporary parenting plan; providing an
   39         effective date.
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. Subsections (13), (14), and (22) of section
   44  61.046, Florida Statutes, are amended to read:
   45         61.046 Definitions.—As used in this chapter, the term:
   46         (13) “Parenting plan” means a document created to govern
   47  the relationship between the parents parties relating to the
   48  decisions that must be made regarding the minor child and must
   49  shall contain a time-sharing schedule for the parents and child.
   50  The issues concerning the minor child may include, but are not
   51  limited to, the child’s education, health care, and physical,
   52  social, and emotional well-being. In creating the plan, all
   53  circumstances between the parents parties, including their the
   54  parties’ historic relationship, domestic violence, and other
   55  factors must be taken into consideration.
   56         (a) The parenting plan must shall be:
   57         1. Developed and agreed to by the parents and approved by a
   58  court; or,
   59         2. If the parents cannot agree or their agreed plan is not
   60  approved by the court, established by the court with or without
   61  the use of a court-ordered parenting plan recommendation.
   62         (b)(a) Any parenting plan formulated under this chapter
   63  must address all jurisdictional issues, including, but not
   64  limited to, the Uniform Child Custody Jurisdiction and
   65  Enforcement Act, part II of this chapter, the International
   66  Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the
   67  Parental Kidnapping Prevention Act, and the Convention on the
   68  Civil Aspects of International Child Abduction enacted at the
   69  Hague on October 25, 1980.
   70         (c)(b) For purposes of the application of the Uniform Child
   71  Custody Jurisdiction and Enforcement Act, part II of this
   72  chapter, a judgment or order incorporating a parenting plan
   73  under this part is a child custody determination under part II
   74  of this chapter.
   75         (d)(c) For purposes of the International Child Abduction
   76  Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
   77  the Civil Aspects of International Child Abduction, enacted at
   78  the Hague on October 25, 1980, rights of custody and rights of
   79  access are shall be determined pursuant to under the parenting
   80  plan under this part.
   81         (14) “Parenting plan recommendation” means a nonbinding
   82  recommendation concerning one or more elements of a parenting
   83  plan made by a court-appointed mental health practitioner or
   84  other professional designated pursuant to s. 61.20, s. 61.401,
   85  or Florida Family Law Rules of Procedure 12.363 psychologist
   86  licensed under chapter 490.
   87         (22) “Time-sharing schedule” means a timetable that must be
   88  included in the parenting plan that specifies the time,
   89  including overnights and holidays, that a minor child will spend
   90  with each parent. The time-sharing schedule shall be:
   91         (a)If Developed and agreed to by the parents of a minor
   92  child and, it must be approved by the court; or.
   93         (b)Established by the court if the parents cannot agree or
   94  if their agreed-upon schedule is not approved by the court, the
   95  schedule shall be established by the court.
   96         Section 2. Paragraph (d) of subsection (1) and subsections
   97  (2), (3), and (6) of section 61.13, Florida Statutes, are
   98  amended to read:
   99         61.13 Support of children; parenting and time-sharing;
  100  powers of court.—
  101         (1)
  102         (d)1. Unless the provisions of subparagraph 2. 3. apply,
  103  all child support orders must require entered on or after
  104  January 1, 1985, shall direct that child support the payments be
  105  made of child support be made as provided in s. 61.181 through
  106  the depository in the county where the court is located as
  107  provided in s. 61.181. All child support orders must shall
  108  provide the full name and date of birth of each minor child who
  109  is the subject of the child support order.
  110         2.Unless the provisions of subparagraph 3. apply, all
  111  child support orders entered before January 1, 1985, shall be
  112  modified by the court to direct that payments of child support
  113  shall be made through the depository in the county where the
  114  court is located upon the subsequent appearance of either or
  115  both parents to modify or enforce the order, or in any related
  116  proceeding.
  117         2.3. If both parties request and the court finds that it is
  118  in the best interest of the child, support payments need not be
  119  directed through the depository. The order of support must shall
  120  provide, or shall be deemed to provide, that either party may
  121  subsequently apply to the depository to require that direction
  122  of the payments be made through the depository. The court shall
  123  provide a copy of the order to the depository.
  124         3.4. If the parties elect not to require that support
  125  payments be made through the depository, any party may
  126  subsequently file an affidavit with the depository alleging a
  127  default in payment of child support and stating that the party
  128  wishes to require that payments be made through the depository.
  129  The party shall provide copies of the affidavit to the court and
  130  to the each other party. Fifteen days after receipt of the
  131  affidavit, the depository shall notify both parties that future
  132  payments must shall be paid through the depository.
  133         4.5. In IV-D cases, the IV-D agency has shall have the same
  134  rights as the obligee in requesting that payments be made
  135  through the depository.
  136         (2)(a) The court may shall have jurisdiction to approve,
  137  grant, or modify a parenting plan, notwithstanding that the
  138  child is not physically present in this state at the time of
  139  filing any proceeding under this chapter, if it appears to the
  140  court that the child was removed from this state for the primary
  141  purpose of removing the child from the court’s jurisdiction of
  142  the court in an attempt to avoid the court’s approval, creation,
  143  or modification of a parenting plan.
  144         (b) A Any parenting plan approved by the court must, at a
  145  minimum, describe in adequate detail how the parents will share
  146  and be responsible for the daily tasks associated with the
  147  upbringing of the child;, the time-sharing schedule arrangements
  148  that specify the time that the minor child will spend with each
  149  parent;, a designation of who will be responsible for any and
  150  all forms of health care, school-related matters including the
  151  address to be used for school-boundary determination and
  152  registration, and other activities;, and the methods and
  153  technologies that the parents will use to communicate with the
  154  child.
  155         (c)1. The court shall determine all matters relating to
  156  parenting and time-sharing of each minor child of the parties in
  157  accordance with the best interests of the child and in
  158  accordance with the Uniform Child Custody Jurisdiction and
  159  Enforcement Act, except that modification of a parenting plan
  160  and time-sharing schedule requires a showing of a substantial,
  161  material, and unanticipated change of circumstances.
  162         1. It is the public policy of this state to assure that
  163  each minor child has frequent and continuing contact with both
  164  parents after the parents separate or the marriage of the
  165  parties is dissolved and to encourage parents to share the
  166  rights and responsibilities, and joys, of childrearing. There is
  167  no presumption for or against the father or mother of the child
  168  or for or against any specific time-sharing schedule when
  169  creating or modifying the parenting plan of the child.
  170         2. The court shall order that the parental responsibility
  171  for a minor child be shared by both parents unless the court
  172  finds that shared parental responsibility would be detrimental
  173  to the child. Evidence that a parent has been convicted of a
  174  misdemeanor felony of the first third degree or higher involving
  175  domestic violence, as defined in s. 741.28 and chapter 775, or
  176  meets the criteria of s. 39.806(1)(d), creates a rebuttable
  177  presumption of detriment to the child. If the presumption is not
  178  rebutted, shared parental responsibility, including time-sharing
  179  with the child, and decisions made regarding the child, may not
  180  be granted to the convicted parent. However, the convicted
  181  parent is not relieved of any obligation to provide financial
  182  support. If the court determines that shared parental
  183  responsibility would be detrimental to the child, it may order
  184  sole parental responsibility and make such arrangements for
  185  time-sharing as specified in the parenting plan as will best
  186  protect the child or abused spouse from further harm. Whether or
  187  not there is a conviction of any offense of domestic violence or
  188  child abuse or the existence of an injunction for protection
  189  against domestic violence, the court shall consider evidence of
  190  domestic violence or child abuse as evidence of detriment to the
  191  child.
  192         a. In ordering shared parental responsibility, the court
  193  may consider the expressed desires of the parents and may grant
  194  to one party the ultimate responsibility over specific aspects
  195  of the child’s welfare or may divide those responsibilities
  196  between the parties based on the best interests of the child.
  197  Areas of responsibility may include education, health care, and
  198  any other responsibilities that the court finds unique to a
  199  particular family.
  200         b. The court shall order sole parental responsibility for
  201  a minor child to one parent, with or without time-sharing with
  202  the other parent if when it is in the best interests of the
  203  minor child.
  204         3. Access to records and information pertaining to a minor
  205  child, including, but not limited to, medical, dental, and
  206  school records, may not be denied to either parent. Full rights
  207  under this subparagraph apply to either parent unless a court
  208  order specifically revokes these rights, including any
  209  restrictions on these rights as provided in a domestic violence
  210  injunction. A parent having rights under this subparagraph has
  211  the same rights upon request as to form, substance, and manner
  212  of access as are available to the other parent of a child,
  213  including, without limitation, the right to in-person
  214  communication with medical, dental, and education providers.
  215         (d) The circuit court in the county in which either parent
  216  and the child reside or the circuit court in which the original
  217  order approving or creating the parenting plan was entered may
  218  has jurisdiction to modify the parenting plan. The court may
  219  change the venue in accordance with s. 47.122.
  220         (3) For purposes of establishing or modifying parental
  221  responsibility and creating, developing, approving, or modifying
  222  a parenting plan, including a time-sharing schedule, which
  223  governs each parent’s relationship with his or her minor child
  224  and the relationship between each parent with regard to his or
  225  her minor child, the best interest of the child shall be the
  226  primary consideration. A determination of parental
  227  responsibility, a parenting plan, or a time-sharing schedule may
  228  not be modified without a showing of a substantial, material,
  229  and unanticipated change in circumstances and a determination
  230  that the modification is in the best interests of the child.
  231  Determination of the best interests of the child shall be made
  232  by evaluating all of the factors affecting the welfare and
  233  interests of the particular minor child and the circumstances of
  234  that family, including, but not limited to:
  235         (a) The demonstrated capacity and disposition of each
  236  parent to facilitate and encourage a close and continuing
  237  parent-child relationship, to honor the time-sharing schedule,
  238  and to be reasonable when changes are required.
  239         (b) The anticipated division of parental responsibilities
  240  after the litigation, including the extent to which parental
  241  responsibilities will be delegated to third parties.
  242         (c) The demonstrated capacity and disposition of each
  243  parent to determine, consider, and act upon the needs of the
  244  child as opposed to the needs or desires of the parent.
  245         (d) The length of time the child has lived in a stable,
  246  satisfactory environment and the desirability of maintaining
  247  continuity.
  248         (e) The geographic viability of the parenting plan, with
  249  special attention paid to the needs of school-age children and
  250  the amount of time to be spent traveling to effectuate the
  251  parenting plan. This factor does not create a presumption for or
  252  against relocation of either parent with a child.
  253         (f) The moral fitness of the parents.
  254         (g) The mental and physical health of the parents.
  255         (h) The home, school, and community record of the child.
  256         (i) The reasonable preference of the child, if the court
  257  deems the child to be of sufficient intelligence, understanding,
  258  and experience to express a preference.
  259         (j) The demonstrated knowledge, capacity, and disposition
  260  of each parent to be informed of the circumstances of the minor
  261  child, including, but not limited to, the child’s friends,
  262  teachers, medical care providers, daily activities, and favorite
  263  things.
  264         (k) The demonstrated capacity and disposition of each
  265  parent to provide a consistent routine for the child, such as
  266  discipline, and daily schedules for homework, meals, and
  267  bedtime.
  268         (l) The demonstrated capacity of each parent to communicate
  269  with and keep the other parent informed of issues and activities
  270  regarding the minor child, and the willingness of each parent to
  271  adopt a unified front on all major issues when dealing with the
  272  child.
  273         (m) Evidence of domestic violence, sexual violence, child
  274  abuse, child abandonment, or child neglect, regardless of
  275  whether a prior or pending action relating to those issues has
  276  been brought. If the court accepts evidence of prior or pending
  277  actions regarding domestic violence, sexual violence, child
  278  abuse, child abandonment, or child neglect, the court must
  279  specifically acknowledge in writing that such evidence was
  280  considered when evaluating the best interests of the child.
  281         (n) Evidence that either parent has knowingly provided
  282  false information to the court regarding any prior or pending
  283  action regarding domestic violence, sexual violence, child
  284  abuse, child abandonment, or child neglect.
  285         (o) The particular parenting tasks customarily performed by
  286  each parent and the division of parental responsibilities before
  287  the institution of litigation and during the pending litigation,
  288  including the extent to which parenting responsibilities were
  289  undertaken by third parties.
  290         (p) The demonstrated capacity and disposition of each
  291  parent to participate and be involved in the child’s school and
  292  extracurricular activities.
  293         (q) The demonstrated capacity and disposition of each
  294  parent to maintain an environment for the child which is free
  295  from substance abuse.
  296         (r) The capacity and disposition of each parent to protect
  297  the child from the ongoing litigation as demonstrated by not
  298  discussing the litigation with the child, not sharing documents
  299  or electronic media related to the litigation with the child,
  300  and refraining from disparaging comments about the other parent
  301  to the child.
  302         (s) The developmental stages and needs of the child and the
  303  demonstrated capacity and disposition of each parent to meet the
  304  child’s developmental needs.
  305         (t) Any other factor that is relevant to the determination
  306  of a specific parenting plan, including the time-sharing
  307  schedule.
  308         (6) In any proceeding under this section, the court may not
  309  deny shared parental responsibility and time-sharing rights to a
  310  parent solely because that parent is or is believed to be
  311  infected with human immunodeficiency virus, but the court may,
  312  condition such rights to require that parent in an order
  313  approving the parenting plan, require that parent to observe
  314  measures approved by the Centers for Disease Control and
  315  Prevention of the United States Public Health Service or by the
  316  Department of Health for preventing the spread of human
  317  immunodeficiency virus to the child.
  318         Section 3. Section 61.13001, Florida Statutes, is amended
  319  to read:
  320         61.13001 Parental relocation with a child.—
  321         (1) DEFINITIONS.—As used in this section, the term:
  322         (a)“Change of residence address” means the relocation of a
  323  child to a principal residence more than 50 miles away from his
  324  or her principal place of residence at the time of the entry of
  325  the last order establishing or modifying the parenting plan or
  326  the time-sharing schedule or both for the minor child, unless
  327  the move places the principal residence of the minor child less
  328  than 50 miles from either parent.
  329         (a)(b) “Child” means any person who is under the
  330  jurisdiction of a state court pursuant to the Uniform Child
  331  Custody Jurisdiction and Enforcement Act or is the subject of
  332  any order granting to a parent or other person any right to
  333  time-sharing, residential care, kinship, or custody, as provided
  334  under state law.
  335         (b)(c) “Court” means the circuit court in an original
  336  proceeding which has proper venue and jurisdiction in accordance
  337  with the Uniform Child Custody Jurisdiction and Enforcement Act,
  338  the circuit court in the county in which either parent and the
  339  child reside, or the circuit court in which the original action
  340  was adjudicated.
  341         (c)(d) “Other person” means an individual who is not the
  342  parent, but with whom the child resides pursuant to and who, by
  343  court order, maintains the primary residence of a child or who
  344  has the right of access to, time-sharing with, or visitation
  345  with the visitation rights with a child.
  346         (d)(e) “Parent” means any person so named by court order or
  347  express written agreement who that is subject to court
  348  enforcement or a person reflected as a parent on a birth
  349  certificate and who is entitled to access to or time-sharing
  350  with the child in whose home a child maintains a residence.
  351         (e)(f) “Relocation” means a change in the location of the
  352  principal residence of a parent or other person from his or her
  353  principal place of residence at the time of the last order
  354  establishing or modifying time-sharing, or at the time of filing
  355  the pending action to establish or modify time-sharing. The
  356  change of location must be at least 50 miles from the original
  357  place of residence, and for at least child for a period of 60
  358  consecutive days not including or more but does not include a
  359  temporary absence from the principal residence for purposes of
  360  vacation, education, or the provision of health care for the
  361  child.
  362         (2) RELOCATION BY AGREEMENT.—
  363         (a) If the parents and every other person entitled to
  364  access to or time-sharing with the child agree to the relocation
  365  of the child, they may satisfy the requirements of this section
  366  by signing a written agreement that:
  367         1. Reflects the consent to the relocation;
  368         2. Defines an access or a time-sharing schedule for the
  369  nonrelocating parent and any other persons who are entitled to
  370  access or time-sharing; and
  371         3. Describes, if necessary, any transportation arrangements
  372  related to access or time-sharing the visitation.
  373         (b) If there is an existing cause of action, judgment, or
  374  decree of record pertaining to the child’s residence or a time
  375  sharing schedule, the parties shall seek ratification of the
  376  agreement by court order without the necessity of an evidentiary
  377  hearing unless a hearing is requested, in writing, by one or
  378  more of the parties to the agreement within 10 days after the
  379  date the agreement is filed with the court. If a hearing is not
  380  timely requested, it shall be presumed that the relocation is in
  381  the best interest of the child and the court may ratify the
  382  agreement without an evidentiary hearing.
  383         (3) PETITION NOTICE OF INTENT TO RELOCATE WITH A CHILD.
  384  Unless an agreement has been entered as described in subsection
  385  (2), a parent or other person seeking relocation must file a
  386  petition to relocate and serve it upon who is entitled to time
  387  sharing with the child shall notify the other parent, and every
  388  other person entitled to access to or time-sharing with the
  389  child, of a proposed relocation of the child’s residence. The
  390  pleadings must be in accordance with form of notice shall be
  391  according to this section:
  392         (a) The petition to relocate must be signed under oath or
  393  affirmation under penalty of perjury and include parent seeking
  394  to relocate shall prepare a Notice of Intent to Relocate. The
  395  following information must be included with the Notice of Intent
  396  to Relocate and signed under oath under penalty of perjury:
  397         1. A description of the location of the intended new
  398  residence, including the state, city, and specific physical
  399  address, if known.
  400         2. The mailing address of the intended new residence, if
  401  not the same as the physical address, if known.
  402         3. The home telephone number of the intended new residence,
  403  if known.
  404         4. The date of the intended move or proposed relocation.
  405         5. A detailed statement of the specific reasons for the
  406  proposed relocation of the child. If one of the reasons is based
  407  upon a job offer that which has been reduced to writing, the
  408  that written job offer must be attached to the petition Notice
  409  of Intent to Relocate.
  410         6. A proposal for the revised postrelocation schedule for
  411  access and of time-sharing together with a proposal for the
  412  postrelocation transportation arrangements necessary to
  413  effectuate time-sharing with the child. Absent the existence of
  414  a current, valid order abating, terminating, or restricting
  415  access or time-sharing visitation or other good cause predating
  416  the petition Notice of Intent to Relocate, failure to comply
  417  with this provision renders the petition Notice of Intent to
  418  relocate legally insufficient.
  419         7. Substantially the following statement, in all capital
  420  letters and in the same size type, or larger, as the type in the
  421  remainder of the petition notice:
  422  
  423  A RESPONSE AN OBJECTION TO THE PETITION OBJECTING TO PROPOSED
  424  RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND
  425  SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN
  426  20 30 DAYS AFTER SERVICE OF THIS PETITION NOTICE OF INTENT TO
  427  RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE
  428  RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST
  429  INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A
  430  HEARING.
  431         8.The mailing address of the parent or other person
  432  seeking to relocate to which the objection filed under
  433  subsection (5) to the Notice of Intent to Relocate should be
  434  sent.
  435  
  436  The contents of the Notice of Intent to Relocate are not
  437  privileged. For purposes of encouraging amicable resolution of
  438  the relocation issue, a copy of the Notice of Intent to Relocate
  439  shall initially not be filed with the court but instead served
  440  upon the nonrelocating parent, other person, and every other
  441  person entitled to time-sharing with the child, and the original
  442  thereof shall be maintained by the parent or other person
  443  seeking to relocate.
  444         (b)The parent seeking to relocate shall also prepare a
  445  Certificate of Serving Notice of Intent to Relocate. The
  446  certificate shall certify the date that the Notice of Intent to
  447  Relocate was served on the other parent and on every other
  448  person entitled to time-sharing with the child.
  449         (b)(c) The petition Notice of Intent to relocate must, and
  450  the Certificate of Serving Notice of Intent to Relocate, shall
  451  be served on the other parent and on every other person entitled
  452  to access to and time-sharing with the child. If there is a
  453  pending court action regarding the child, service of process may
  454  be according to court rule. Otherwise, service of process shall
  455  be according to chapters 48 and 49 or via certified mail,
  456  restricted delivery, return receipt requested.
  457         (c)(d) A parent or other person seeking to relocate giving
  458  notice of a proposed relocation or change of residence address
  459  under this section has a continuing duty to provide current and
  460  updated information required by this section when that
  461  information becomes known.
  462         (d)(e) If the other parent and any other person entitled to
  463  access to or time-sharing with the child fails to timely file a
  464  response objecting to the petition to relocate an objection, it
  465  is shall be presumed that the relocation is in the best interest
  466  of the child and that, the relocation should shall be allowed,
  467  and the court shall, absent good cause, enter an order
  468  specifying, attaching a copy of the Notice of Intent to
  469  Relocate, reflecting that the order is entered as a result of
  470  the failure to respond to the petition object to the Notice of
  471  Intent to Relocate, and adopting the access and time-sharing
  472  schedule and transportation arrangements contained in the
  473  petition Notice of Intent to Relocate. The order may be issued
  474  issue in an expedited manner without the necessity of an
  475  evidentiary hearing. If a response an objection is timely filed,
  476  the parent or other person may not relocate, and must proceed to
  477  a temporary hearing or trial and burden returns to the parent or
  478  person seeking to relocate to initiate court proceedings to
  479  obtain court permission to relocate before doing so.
  480         (e)(f)The act of Relocating the child without complying
  481  after failure to comply with the requirements of notice of
  482  intent to relocate procedure described in this subsection
  483  subjects the party in violation thereof to contempt and other
  484  proceedings to compel the return of the child and may be taken
  485  into account by the court in any initial or postjudgment action
  486  seeking a determination or modification of the parenting plan or
  487  the access or the time-sharing schedule, or both, as:
  488         1. A factor in making a determination regarding the
  489  relocation of a child.
  490         2. A factor in determining whether the parenting plan or
  491  the access or time-sharing schedule should be modified.
  492         3. A basis for ordering the temporary or permanent return
  493  of the child.
  494         4. Sufficient cause to order the parent or other person
  495  seeking to relocate the child to pay reasonable expenses and
  496  attorney’s fees incurred by the party objecting to the
  497  relocation.
  498         5. Sufficient cause for the award of reasonable attorney’s
  499  fees and costs, including interim travel expenses incident to
  500  access or time-sharing or securing the return of the child.
  501         (4) APPLICABILITY OF PUBLIC RECORDS LAW.—If the parent or
  502  other person seeking to relocate a child, or the child, is
  503  entitled to prevent disclosure of location information under a
  504  any public records exemption applicable to that person, the
  505  court may enter any order necessary to modify the disclosure
  506  requirements of this section in compliance with the public
  507  records exemption.
  508         (5) CONTENT OF OBJECTION TO RELOCATION.—An answer objecting
  509  to a proposed relocation objection seeking to prevent the
  510  relocation of a child must be verified and served within 30 days
  511  after service of the Notice of Intent to Relocate. The objection
  512  must include the specific factual basis supporting the reasons
  513  for seeking a prohibition of the relocation, including a
  514  statement of the amount of participation or involvement the
  515  objecting party currently has or has had in the life of the
  516  child.
  517         (6) TEMPORARY ORDER.—
  518         (a) The court may grant a temporary order restraining the
  519  relocation of a child, order or ordering the return of the
  520  child, if a relocation has previously taken place, or order
  521  other appropriate remedial relief, if the court finds:
  522         1. That the petition to relocate does not comply with
  523  subsection (3) The required notice of a proposed relocation of a
  524  child was not provided in a timely manner;
  525         2. That the child already has been relocated without a
  526  notice or written agreement of the parties or without court
  527  approval; or
  528         3. From an examination of the evidence presented at the
  529  preliminary hearing that there is a likelihood that upon final
  530  hearing the court will not approve the relocation of the child.
  531         (b) The court may grant a temporary order permitting the
  532  relocation of the child pending final hearing, if the court
  533  finds:
  534         1. Finds That the petition required Notice of Intent to
  535  relocate was properly filed and is otherwise in compliance with
  536  subsection (3) provided in a timely manner; and
  537         2. Finds From an examination of the evidence presented at
  538  the preliminary hearing, that there is a likelihood that on
  539  final hearing the court will approve the relocation of the
  540  child, which findings must be supported by the same factual
  541  basis as would be necessary to support approving the permitting
  542  of relocation in a final judgment.
  543         (c) If the court has issued a temporary order authorizing a
  544  party seeking to relocate or move a child before a final
  545  judgment is rendered, the court may not give any weight to the
  546  temporary relocation as a factor in reaching its final decision.
  547         (d) If temporary relocation of a child is approved
  548  permitted, the court may require the person relocating the child
  549  to provide reasonable security, financial or otherwise, and
  550  guarantee that the court-ordered contact with the child will not
  551  be interrupted or interfered with by the relocating party.
  552         (7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
  553  RELOCATION.—A presumption does not arise in favor of or against
  554  a request to relocate with the child does not arise if when a
  555  parent or other person seeks to relocate move the child and the
  556  move will materially affect the current schedule of contact,
  557  access, and time-sharing with the nonrelocating parent or other
  558  person. In reaching its decision regarding a proposed temporary
  559  or permanent relocation, the court shall evaluate all of the
  560  following factors:
  561         (a) The nature, quality, extent of involvement, and
  562  duration of the child’s relationship with the parent or other
  563  person proposing to relocate with the child and with the
  564  nonrelocating parent, other persons, siblings, half-siblings,
  565  and other significant persons in the child’s life.
  566         (b) The age and developmental stage of the child, the needs
  567  of the child, and the likely impact the relocation will have on
  568  the child’s physical, educational, and emotional development,
  569  taking into consideration any special needs of the child.
  570         (c) The feasibility of preserving the relationship between
  571  the nonrelocating parent or other person and the child through
  572  substitute arrangements that take into consideration the
  573  logistics of contact, access, and time-sharing, as well as the
  574  financial circumstances of the parties; whether those factors
  575  are sufficient to foster a continuing meaningful relationship
  576  between the child and the nonrelocating parent or other person;
  577  and the likelihood of compliance with the substitute
  578  arrangements by the relocating parent or other person once he or
  579  she is out of the jurisdiction of the court.
  580         (d) The child’s preference, taking into consideration the
  581  age and maturity of the child.
  582         (e) Whether the relocation will enhance the general quality
  583  of life for both the parent or other person seeking the
  584  relocation and the child, including, but not limited to,
  585  financial or emotional benefits or educational opportunities.
  586         (f) The reasons of each parent or other person is for
  587  seeking or opposing the relocation.
  588         (g) The current employment and economic circumstances of
  589  each parent or other person and whether or not the proposed
  590  relocation is necessary to improve the economic circumstances of
  591  the parent or other person seeking relocation of the child.
  592         (h) That the relocation is sought in good faith and the
  593  extent to which the objecting parent has fulfilled his or her
  594  financial obligations to the parent or other person seeking
  595  relocation, including child support, spousal support, and
  596  marital property and marital debt obligations.
  597         (i) The career and other opportunities available to the
  598  objecting parent or objecting other person if the relocation
  599  occurs.
  600         (j) A history of substance abuse or domestic violence as
  601  defined in s. 741.28 or which meets the criteria of s.
  602  39.806(1)(d) by either parent, including a consideration of the
  603  severity of such conduct and the failure or success of any
  604  attempts at rehabilitation.
  605         (k) Any other factor affecting the best interest of the
  606  child or as set forth in s. 61.13.
  607         (8) BURDEN OF PROOF.—The parent or other person wishing to
  608  relocate has the burden of proving proof if an objection is
  609  filed and must then initiate a proceeding seeking court
  610  permission for relocation. The initial burden is on the parent
  611  or person wishing to relocate to prove by a preponderance of the
  612  evidence that relocation is in the best interest of the child.
  613  If that burden of proof is met, the burden shifts to the
  614  nonrelocating parent or other person to show by a preponderance
  615  of the evidence that the proposed relocation is not in the best
  616  interest of the child.
  617         (9) ORDER REGARDING RELOCATION.—If relocation is approved
  618  permitted:
  619         (a) The court may, in its discretion, order contact with
  620  the nonrelocating parent or other person, including access,
  621  time-sharing, telephone, Internet, webcam, and other
  622  arrangements sufficient to ensure that the child has frequent,
  623  continuing, and meaningful contact, access, and time-sharing
  624  with the nonrelocating parent or other person persons, if
  625  contact is financially affordable and in the best interest of
  626  the child.
  627         (b) If applicable, the court shall specify how the
  628  transportation costs are to will be allocated between the
  629  parents and other persons entitled to contact, access, and time
  630  sharing and may adjust the child support award, as appropriate,
  631  considering the costs of transportation and the respective net
  632  incomes of the parents in accordance with the state child
  633  support guidelines schedule.
  634         (10) PRIORITY FOR HEARING OR TRIAL.—An evidentiary hearing
  635  or nonjury trial on a pleading seeking temporary or permanent
  636  relief filed under this section shall be accorded priority on
  637  the court’s calendar. If a motion seeking a temporary relocation
  638  is filed, absent good cause, the hearing must occur no later
  639  than 30 days after the motion for a temporary relocation is
  640  filed. If a notice to set the matter for a nonjury trial is
  641  filed, absent good cause, the nonjury trial must occur no later
  642  than 90 days after the notice is filed.
  643         (11) APPLICABILITY.—
  644         (a) This section applies:
  645         1. To orders entered before October 1, 2009 2006, if the
  646  existing order defining custody, primary residence, the
  647  parenting plan, time-sharing, or access to visitation of or with
  648  the child does not expressly govern the relocation of the child.
  649         2. To an order, whether temporary or permanent, regarding
  650  the parenting plan, custody, primary residence, time-sharing, or
  651  access to visitation of or with the child entered on or after
  652  October 1, 2009 2006.
  653         3. To any relocation or proposed relocation, whether
  654  permanent or temporary, of a child during any proceeding pending
  655  on October 1, 2009 2006, wherein the parenting plan, custody,
  656  primary residence, time-sharing, or access to visitation of or
  657  with the child is an issue.
  658         (b) To the extent that a provision of this section
  659  conflicts with an order existing on October 1, 2009 2006, this
  660  section does not apply to the terms of that order which
  661  expressly govern relocation of the child or a change in the
  662  principal residence address of a parent or other person.
  663         Section 4. Subsection (1) of section 61.183, Florida
  664  Statutes, is amended to read:
  665         61.183 Mediation of certain contested issues.—
  666         (1) In any proceeding in which the issues of parental
  667  responsibility, primary residence, access to, visitation with,
  668  or support of a child are contested, the court may refer the
  669  parties to mediation in accordance with rules promulgated by the
  670  Supreme Court. In Title IV-D cases, any costs, including filing
  671  fees, recording fees, mediation costs, service of process fees,
  672  and other expenses incurred by the clerk of the circuit court,
  673  shall be assessed only against the nonprevailing obligor after
  674  the court makes a determination of the nonprevailing obligor’s
  675  ability to pay such costs and fees.
  676         Section 5. Subsection (3) of section 61.20, Florida
  677  Statutes, is amended to read:
  678         61.20 Social investigation and recommendations regarding a
  679  parenting plan.—
  680         (3) Except as to persons who obtain certification of
  681  indigence as specified in subsection (2), for whom no costs are
  682  shall be incurred, the parents adult parties involved in a
  683  proceeding to determine a parenting plan where wherein the court
  684  has ordered the performance of a social investigation and study
  685  are shall be responsible for paying the payment of the costs of
  686  the such investigation and study. Upon submitting submission of
  687  the study to the court, the agency, staff, or person performing
  688  the study shall include a bill for services, which shall be
  689  taxed and ordered paid as costs in the proceeding.
  690         Section 6. Paragraph (a) of subsection (2) and subsections
  691  (5) and (9) of section 61.21, Florida Statutes, are amended to
  692  read:
  693         61.21 Parenting course authorized; fees; required
  694  attendance authorized; contempt.—
  695         (2) The Department of Children and Family Services shall
  696  approve a parenting course which shall be a course of a minimum
  697  of 4 hours designed to educate, train, and assist divorcing
  698  parents in regard to the consequences of divorce on parents and
  699  children.
  700         (a) The parenting course referred to in this section shall
  701  be named the Parent Education and Family Stabilization Course
  702  and may include, but need not be limited to, the following
  703  topics as they relate to court actions between parents involving
  704  custody, care, access to visitation, and support of a child or
  705  children:
  706         1. Legal aspects of deciding child-related issues between
  707  parents.
  708         2. Emotional aspects of separation and divorce on adults.
  709         3. Emotional aspects of separation and divorce on children.
  710         4. Family relationships and family dynamics.
  711         5. Financial responsibilities to a child or children.
  712         6. Issues regarding spousal or child abuse and neglect.
  713         7. Skill-based relationship education that may be
  714  generalized to parenting, workplace, school, neighborhood, and
  715  civic relationships.
  716         (5) All parties required to complete a parenting course
  717  under this section shall begin the course as expeditiously as
  718  possible. For dissolution of marriage actions, unless excused by
  719  the court pursuant to subsection (4), the petitioner must
  720  complete the course within 45 days after the filing of the
  721  petition, and all other parties must complete the course within
  722  45 days after service of the petition. For paternity actions,
  723  unless excused by the court pursuant to subsection (4), the
  724  petitioner must complete the course within 45 days after filing
  725  the petition, and any other party must complete the course
  726  within 45 days after an acknowledgment of paternity by that
  727  party, an adjudication of paternity of that party, or an order
  728  granting access visitation to or support from that party. Each
  729  party to a dissolution or paternity action shall file proof of
  730  compliance with this subsection with the court prior to the
  731  entry of the final judgment.
  732         (9) The court may hold any parent who fails to attend a
  733  required parenting course in contempt, or that parent may be
  734  denied shared parental responsibility or access visitation or
  735  otherwise sanctioned as the court deems appropriate.
  736         Section 7. Paragraph (b) of subsection (11) of section
  737  61.30, Florida Statutes, is amended to read:
  738         61.30 Child support guidelines; retroactive child support.—
  739         (11)
  740         (b) Whenever a particular parenting plan provides that each
  741  child spend a substantial amount of time with each parent, the
  742  court shall adjust any award of child support, as follows:
  743         1. In accordance with subsections (9) and (10), calculate
  744  the amount of support obligation apportioned to each parent
  745  without including day care and health insurance costs in the
  746  calculation and multiply the amount by 1.5.
  747         2. Calculate the percentage of overnight stays the child
  748  spends with each parent.
  749         3. Multiply each parent’s support obligation as calculated
  750  in subparagraph 1. by the percentage of the other parent’s
  751  overnight stays with the child as calculated in subparagraph 2.
  752         4. The difference between the amounts calculated in
  753  subparagraph 3. shall be the monetary transfer necessary between
  754  the parents for the care of the child, subject to an adjustment
  755  for day care and health insurance expenses.
  756         5. Pursuant to subsections (7) and (8), calculate the net
  757  amounts owed by each parent for the expenses incurred for day
  758  care and health insurance coverage for the child. Day care shall
  759  be calculated without regard to the 25-percent reduction applied
  760  by subsection (7).
  761         6. Adjust the support obligation owed by each parent
  762  pursuant to subparagraph 4. by crediting or debiting the amount
  763  calculated in subparagraph 5. This amount represents the child
  764  support which must be exchanged between the parents.
  765         7. The court may deviate from the child support amount
  766  calculated pursuant to subparagraph 6. based upon the deviation
  767  factors in paragraph (a), as well as the obligee parent’s low
  768  income and ability to maintain the basic necessities of the home
  769  for the child, the likelihood that either parent will actually
  770  exercise the time-sharing schedule set forth in the parenting
  771  plan granted by the court, and whether all of the children are
  772  exercising the same time-sharing schedule.
  773         8. For purposes of adjusting any award of child support
  774  under this paragraph, “substantial amount of time” means that a
  775  parent exercises access visitation at least 40 percent of the
  776  overnights of the year.
  777         Section 8. Paragraph (a) of subsection (5) of section
  778  741.30, Florida Statutes, is amended to read:
  779         741.30 Domestic violence; injunction; powers and duties of
  780  court and clerk; petition; notice and hearing; temporary
  781  injunction; issuance of injunction; statewide verification
  782  system; enforcement.—
  783         (5)(a) If When it appears to the court that an immediate
  784  and present danger of domestic violence exists, the court may
  785  grant a temporary injunction ex parte, pending a full hearing,
  786  and may grant such relief as the court deems proper, including
  787  an injunction:
  788         1. Restraining the respondent from committing any acts of
  789  domestic violence.
  790         2. Awarding to the petitioner the temporary exclusive use
  791  and possession of the dwelling that the parties share or
  792  excluding the respondent from the residence of the petitioner.
  793         3. On the same basis as provided in s. 61.13, providing the
  794  petitioner a temporary parenting plan, including a time-sharing
  795  schedule, which may award the petitioner up to with 100 percent
  796  of the time-sharing. The temporary parenting plan remains that
  797  shall remain in effect until the order expires or an order is
  798  entered by a court of competent jurisdiction in a pending or
  799  subsequent civil action or proceeding affecting the placement
  800  of, access to, parental time with, adoption of, or parental
  801  rights and responsibilities for the minor child.
  802         Section 9. This act shall take effect October 1, 2009.