CS for CS for CS for SB 904                      First Engrossed
       
       
       
       
       
       
       
       
       2009904e1
       
    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         creating s. 61.125, F.S.; providing for parenting
    7         coordination as an alternative dispute resolution
    8         process to resolve parenting plan disputes; providing
    9         for court referral; providing for domestic violence
   10         situations; providing the qualifications required for
   11         a parenting coordinator and for the disqualification
   12         of a coordinator; providing for the payment of
   13         parenting coordination fees and costs; providing for
   14         confidentiality; providing for emergency reporting to
   15         the court by the coordinator; providing a limitation
   16         on the coordinator’s liability; amending s. 61.13,
   17         F.S., relating to child support, parenting plans, and
   18         time-sharing; deleting obsolete provisions; requiring
   19         a parenting plan to include the address to be used for
   20         determining school boundaries; revising the elements
   21         of the rebuttable presumption that shared parental
   22         responsibility is detrimental to a child when a parent
   23         is convicted of a crime involving domestic violence;
   24         providing that the presumption applies to a crime that
   25         is a misdemeanor of the first degree or higher rather
   26         than to a crime that is a felony of the third degree
   27         or higher; allowing the modification of a parenting
   28         plan only upon a showing of substantially changed
   29         circumstances; requiring a court to make explicit
   30         written findings if, when determining the best
   31         interests of a child for the purposes of shared
   32         parental responsibility and visitation, the court
   33         considered evidence of domestic or sexual violence and
   34         child abuse, abandonment, or neglect; amending s.
   35         61.13001, F.S., relating to parental relocation;
   36         deleting terms and redefining the terms “other
   37         person,” “parent,” and “relocation”; substituting the
   38         term “access to” for “visitation”; deleting provisions
   39         relating to the requirement for a Notice of Intent to
   40         Relocate and substituting procedures relating to
   41         filing a petition to relocate; requiring a hearing on
   42         a motion seeking a temporary relocation to be held
   43         within a certain time; providing for applicability of
   44         changes made by the act; amending ss. 61.183, 61.20,
   45         and 61.21, F.S.; conforming provisions to changes made
   46         by the act; amending s. 741.30, F.S., relating to
   47         domestic violence; authorizing a court to issue an ex
   48         parte injunction that provides a temporary parenting
   49         plan; providing an effective date.
   50  
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsections (13), (14), and (22) of section
   54  61.046, Florida Statutes, are amended to read:
   55         61.046 Definitions.—As used in this chapter, the term:
   56         (13) “Parenting plan” means a document created to govern
   57  the relationship between the parents parties relating to the
   58  decisions that must be made regarding the minor child and must
   59  shall contain a time-sharing schedule for the parents and child.
   60  The issues concerning the minor child may include, but are not
   61  limited to, the child’s education, health care, and physical,
   62  social, and emotional well-being. In creating the plan, all
   63  circumstances between the parents parties, including their the
   64  parties’ historic relationship, domestic violence, and other
   65  factors must be taken into consideration.
   66         (a) The parenting plan must shall be:
   67         1. Developed and agreed to by the parents and approved by a
   68  court; or,
   69         2.If the parents cannot agree, Established by the court,
   70  with or without the use of a court-ordered parenting plan
   71  recommendation, if the parents cannot agree to a plan or the
   72  parents agreed to a plan that is not approved by the court.
   73         (b)(a) Any parenting plan formulated under this chapter
   74  must address all jurisdictional issues, including, but not
   75  limited to, the Uniform Child Custody Jurisdiction and
   76  Enforcement Act, part II of this chapter, the International
   77  Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the
   78  Parental Kidnapping Prevention Act, and the Convention on the
   79  Civil Aspects of International Child Abduction enacted at the
   80  Hague on October 25, 1980.
   81         (c)(b) For purposes of the application of the Uniform Child
   82  Custody Jurisdiction and Enforcement Act, part II of this
   83  chapter, a judgment or order incorporating a parenting plan
   84  under this part is a child custody determination under part II
   85  of this chapter.
   86         (d)(c) For purposes of the International Child Abduction
   87  Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
   88  the Civil Aspects of International Child Abduction, enacted at
   89  the Hague on October 25, 1980, rights of custody and rights of
   90  access are shall be determined pursuant to under the parenting
   91  plan under this part.
   92         (14) “Parenting plan recommendation” means a nonbinding
   93  recommendation concerning one or more elements of a parenting
   94  plan made by a court-appointed mental health practitioner or
   95  other professional designated pursuant to s. 61.20, s. 61.401,
   96  or Florida Family Law Rules of Procedure 12.363 psychologist
   97  licensed under chapter 490.
   98         (22) “Time-sharing schedule” means a timetable that must be
   99  included in the parenting plan that specifies the time,
  100  including overnights and holidays, that a minor child will spend
  101  with each parent. The time-sharing schedule shall be:
  102         (a)If Developed and agreed to by the parents of a minor
  103  child and, it must be approved by the court; or.
  104         (b)Established by the court if the parents cannot agree or
  105  if their agreed-upon schedule is not approved by the court, the
  106  schedule shall be established by the court.
  107         Section 2. Section 61.125, Florida Statutes, is created to
  108  read:
  109         61.125Parenting coordination.—
  110         (1)PURPOSE.—The purpose of parenting coordination is to
  111  provide a child-focused alternative dispute resolution process
  112  whereby a parenting coordinator assists the parents in creating
  113  or implementing a parenting plan by facilitating the resolution
  114  of disputes between the parents by providing education, making
  115  recommendations, and, with the prior approval of the parents and
  116  the court, making limited decisions within the scope of the
  117  court’s order of referral.
  118         (2)REFERRAL.—In any action in which a judgment or order
  119  has been sought or entered adopting, establishing, or modifying
  120  a parenting plan, except for a domestic violence proceeding
  121  under chapter 741, and upon agreement of the parties, the
  122  court’s own motion, or the motion of a party, the court may
  123  appoint a parenting coordinator and refer the parties to
  124  parenting coordination to assist in the resolution of disputes
  125  concerning their parenting plan.
  126         (3)DOMESTIC VIOLENCE ISSUES.—
  127         (a)If there has been a history of domestic violence, the
  128  court may not refer the parties to parenting coordination unless
  129  both parents consent. The court shall offer each party an
  130  opportunity to consult with an attorney or domestic violence
  131  advocate before accepting the party’s consent. The court must
  132  determine whether each party’s consent has been given freely and
  133  voluntarily.
  134         (b)In determining whether there has been a history of
  135  domestic violence, the court shall consider whether a party has
  136  committed an act of domestic violence as defined s. 741.28, or
  137  child abuse as defined in s. 39.01, against the other party or
  138  any member of the other party’s family; engaged in a pattern of
  139  behaviors that exert power and control over the other party and
  140  that may compromise the other party’s ability to negotiate a
  141  fair result; or engaged in behavior that leads the other party
  142  to have reasonable cause to believe he or she is in imminent
  143  danger of becoming a victim of domestic violence. The court
  144  shall consider and evaluate all relevant factors, including, but
  145  not limited to, the factors listed in s. 741.30(6)(b).
  146         (c)If there is a history of domestic violence, the court
  147  shall order safeguards to protect the safety of the
  148  participants, including, but not limited to, adherence to all
  149  provisions of an injunction for protection or conditions of
  150  bail, probation, or a sentence arising from criminal
  151  proceedings.
  152         (4)QUALIFICATIONS OF A PARENTING COORDINATOR.—A parenting
  153  coordinator is an impartial third person whose role is to assist
  154  the parents in successfully creating or implementing a parenting
  155  plan. Unless there is a written agreement between the parties,
  156  the court may appoint only a qualified parenting coordinator.
  157         (a)To be qualified, a parenting coordinator must:
  158         1.Meet one of the following professional requirements:
  159         a.Be licensed as a mental health professional under
  160  chapter 490 or chapter 491.
  161         b.Be licensed as a physician under chapter 458, with
  162  certification by the American Board of Psychiatry and Neurology.
  163         c.Be certified by the Florida Supreme Court as a family
  164  law mediator, with at least a master’s degree in a mental health
  165  field.
  166         d.Be a member in good standing of The Florida Bar.
  167         2.Complete all of the following:
  168         a.Three years of postlicensure or postcertification
  169  practice.
  170         b.A family mediation training program certified by the
  171  Florida Supreme Court.
  172         c.A minimum of 24 hours of parenting coordination training
  173  in parenting coordination concepts and ethics, family systems
  174  theory and application, family dynamics in separation and
  175  divorce, child and adolescent development, the parenting
  176  coordination process, parenting coordination techniques, and
  177  Florida family law and procedure, and a minimum of 4 hours of
  178  training in domestic violence and child abuse which is related
  179  to parenting coordination.
  180         (b)The court may require additional qualifications to
  181  address issues specific to the parties.
  182         (c)A qualified parenting coordinator must be in good
  183  standing, or in clear and active status, with his or her
  184  respective licensing authority, certification board, or both, as
  185  applicable.
  186         (5)DISQUALIFICATIONS OF PARENTING COORDINATOR.—
  187         (a)The court may not appoint a person to serve as
  188  parenting coordinator who, in any jurisdiction:
  189         1.Has been convicted or had adjudication withheld on a
  190  charge of child abuse, child neglect, domestic violence,
  191  parental kidnapping, or interference with custody;
  192         2.Has been found by a court in a child protection hearing
  193  to have abused, neglected, or abandoned a child;
  194         3.Has consented to an adjudication or a withholding of
  195  adjudication on a petition for dependency; or
  196         4.Is or has been a respondent in a final order or
  197  injunction of protection against domestic violence.
  198         (b)A parenting coordinator must discontinue service as a
  199  parenting coordinator and immediately report to the court and
  200  the parties if any of the disqualifying circumstances described
  201  in paragraph (a) occur, or if he or she no longer meets the
  202  minimum qualifications in subsection (4), and the court may
  203  appoint another parenting coordinator.
  204         (6)FEES FOR PARENTING COORDINATION.—The court shall
  205  determine the allocation of fees and costs for parenting
  206  coordination between the parties. The court may not order the
  207  parties to parenting coordination without their consent unless
  208  it determines that the parties have the financial ability to pay
  209  the parenting coordination fees and costs.
  210         (a)In determining if a nonindigent party has the financial
  211  ability to pay the parenting coordination fees and costs, the
  212  court shall consider the party’s financial circumstances,
  213  including income, assets, liabilities, financial obligations,
  214  resources, and whether paying the fees and costs would create a
  215  substantial hardship.
  216         (b)If a party is found to be indigent based upon the
  217  factors in s. 57.082, the court may not order the party to
  218  parenting coordination unless public funds are available to pay
  219  the indigent party’s allocated portion of the fees and costs or
  220  the nonindigent party consents to paying all of the fees and
  221  costs.
  222         (7)CONFIDENTIALITY.—Except as otherwise provided in this
  223  section, all communications made by, between, or among the
  224  parties and the parenting coordinator during parenting
  225  coordination sessions are confidential. The parenting
  226  coordinator and each party designated in the order appointing
  227  the coordinator may not testify or offer evidence about
  228  communications made by, between, or among the parties and the
  229  parenting coordinator during parenting coordination sessions,
  230  except if:
  231         (a)Necessary to identify, authenticate, confirm, or deny a
  232  written agreement entered into by the parties during parenting
  233  coordination;
  234         (b)The testimony or evidence is necessary to identify an
  235  issue for resolution by the court without otherwise disclosing
  236  communications made by any party or the parenting coordinator;
  237         (c)The testimony or evidence is limited to the subject of
  238  a party’s compliance with the order of referral to parenting
  239  coordination, orders for psychological evaluation, counseling
  240  ordered by the court or recommended by a health care provider,
  241  or for substance abuse testing or treatment;
  242         (d)The parenting coordinator reports that the case is no
  243  longer appropriate for parenting coordination;
  244         (e)The parenting coordinator is reporting that he or she
  245  is unable or unwilling to continue to serve and that a successor
  246  parenting coordinator should be appointed;
  247         (f)The testimony or evidence is necessary pursuant to
  248  paragraph (5)(b) or subsection (8);
  249         (g)The parenting coordinator is not qualified to address
  250  or resolve certain issues in the case and a more qualified
  251  coordinator should be appointed;
  252         (h)The parties agree that the testimony or evidence be
  253  permitted; or
  254         (i)The testimony or evidence is necessary to protect any
  255  person from future acts that would constitute domestic violence
  256  under chapter 741; child abuse, neglect, or abandonment under
  257  chapter 39; or abuse, neglect, or exploitation of an elderly or
  258  disabled adult under chapter 825.
  259         (8)REPORT OF EMERGENCY TO COURT.—
  260         (a)A parenting coordinator must immediately inform the
  261  court by affidavit or verified report without notice to the
  262  parties of an emergency situation if:
  263         1.There is a reasonable cause to suspect that a child will
  264  suffer or is suffering abuse, neglect, or abandonment as
  265  provided under chapter 39;
  266         2.There is a reasonable cause to suspect a vulnerable
  267  adult has been or is being abused, neglected, or exploited as
  268  provided under chapter 415;
  269         3.A party, or someone acting on a party’s behalf, is
  270  expected to wrongfully remove or is wrongfully removing the
  271  child from the jurisdiction of the court without prior court
  272  approval or compliance with the requirements of s. 61.13001. If
  273  the parenting coordinator suspects that the parent has relocated
  274  within the state to avoid domestic violence, the coordinator may
  275  not disclose the location of the parent and child unless
  276  required by court order.
  277         (b)Upon such information and belief, a parenting
  278  coordinator shall immediately inform the court by affidavit or
  279  verified report and serve a copy on each party of an emergency
  280  in which a party obtains a final order or injunction of
  281  protection against domestic violence or is arrested for an act
  282  of domestic violence as provided under chapter 741.
  283         (9)LIMITATION ON LIABILITY.—A parenting coordinator
  284  appointed by the court is not liable for civil damages for any
  285  act or omission in the scope of his or her duties pursuant to an
  286  order of referral unless such person acted in bad faith or with
  287  malicious purpose or in a manner exhibiting wanton and willful
  288  disregard for the rights, safety, or property of the parties.
  289         Section 3. Paragraph (d) of subsection (1) and subsections
  290  (2), (3), and (6) of section 61.13, Florida Statutes, are
  291  amended to read:
  292         61.13 Support of children; parenting and time-sharing;
  293  powers of court.—
  294         (1)
  295         (d)1. Unless the provisions of subparagraph 2. 3. apply,
  296  all child support orders must require entered on or after
  297  January 1, 1985, shall direct that child support the payments be
  298  made of child support be made as provided in s. 61.181 through
  299  the depository in the county where the court is located as
  300  provided in s. 61.181. All child support orders must shall
  301  provide the full name and date of birth of each minor child who
  302  is the subject of the child support order.
  303         2.Unless the provisions of subparagraph 3. apply, all
  304  child support orders entered before January 1, 1985, shall be
  305  modified by the court to direct that payments of child support
  306  shall be made through the depository in the county where the
  307  court is located upon the subsequent appearance of either or
  308  both parents to modify or enforce the order, or in any related
  309  proceeding.
  310         2.3. If both parties request and the court finds that it is
  311  in the best interest of the child, support payments need not be
  312  directed through the depository. The order of support must shall
  313  provide, or shall be deemed to provide, that either party may
  314  subsequently apply to the depository to require that direction
  315  of the payments be made through the depository. The court shall
  316  provide a copy of the order to the depository.
  317         3.4. If the parties elect not to require that support
  318  payments be made through the depository, any party may
  319  subsequently file an affidavit with the depository alleging a
  320  default in payment of child support and stating that the party
  321  wishes to require that payments be made through the depository.
  322  The party shall provide copies of the affidavit to the court and
  323  to the each other party. Fifteen days after receipt of the
  324  affidavit, the depository shall notify both parties that future
  325  payments must shall be paid through the depository.
  326         4.5. In IV-D cases, the IV-D agency has shall have the same
  327  rights as the obligee in requesting that payments be made
  328  through the depository.
  329         (2)(a) The court may shall have jurisdiction to approve,
  330  grant, or modify a parenting plan, notwithstanding that the
  331  child is not physically present in this state at the time of
  332  filing any proceeding under this chapter, if it appears to the
  333  court that the child was removed from this state for the primary
  334  purpose of removing the child from the court’s jurisdiction of
  335  the court in an attempt to avoid the court’s approval, creation,
  336  or modification of a parenting plan.
  337         (b) A Any parenting plan approved by the court must, at a
  338  minimum, describe in adequate detail how the parents will share
  339  and be responsible for the daily tasks associated with the
  340  upbringing of the child;, the time-sharing schedule arrangements
  341  that specify the time that the minor child will spend with each
  342  parent;, a designation of who will be responsible for any and
  343  all forms of health care, school-related matters including the
  344  address to be used for school-boundary determination and
  345  registration, and other activities;, and the methods and
  346  technologies that the parents will use to communicate with the
  347  child.
  348         (c)1. The court shall determine all matters relating to
  349  parenting and time-sharing of each minor child of the parties in
  350  accordance with the best interests of the child and in
  351  accordance with the Uniform Child Custody Jurisdiction and
  352  Enforcement Act, except that modification of a parenting plan
  353  and time-sharing schedule requires a showing of a substantial,
  354  material, and unanticipated change of circumstances.
  355         1. It is the public policy of this state to assure that
  356  each minor child has frequent and continuing contact with both
  357  parents after the parents separate or the marriage of the
  358  parties is dissolved and to encourage parents to share the
  359  rights and responsibilities, and joys, of childrearing. There is
  360  no presumption for or against the father or mother of the child
  361  or for or against any specific time-sharing schedule when
  362  creating or modifying the parenting plan of the child.
  363         2. The court shall order that the parental responsibility
  364  for a minor child be shared by both parents unless the court
  365  finds that shared parental responsibility would be detrimental
  366  to the child. Evidence that a parent has been convicted of a
  367  misdemeanor felony of the first third degree or higher involving
  368  domestic violence, as defined in s. 741.28 and chapter 775, or
  369  meets the criteria of s. 39.806(1)(d), creates a rebuttable
  370  presumption of detriment to the child. If the presumption is not
  371  rebutted, shared parental responsibility, including time-sharing
  372  with the child, and decisions made regarding the child, may not
  373  be granted to the convicted parent. However, the convicted
  374  parent is not relieved of any obligation to provide financial
  375  support. If the court determines that shared parental
  376  responsibility would be detrimental to the child, it may order
  377  sole parental responsibility and make such arrangements for
  378  time-sharing as specified in the parenting plan as will best
  379  protect the child or abused spouse from further harm. Whether or
  380  not there is a conviction of any offense of domestic violence or
  381  child abuse or the existence of an injunction for protection
  382  against domestic violence, the court shall consider evidence of
  383  domestic violence or child abuse as evidence of detriment to the
  384  child.
  385         a. In ordering shared parental responsibility, the court
  386  may consider the expressed desires of the parents and may grant
  387  to one party the ultimate responsibility over specific aspects
  388  of the child’s welfare or may divide those responsibilities
  389  between the parties based on the best interests of the child.
  390  Areas of responsibility may include education, health care, and
  391  any other responsibilities that the court finds unique to a
  392  particular family.
  393         b. The court shall order sole parental responsibility for
  394  a minor child to one parent, with or without time-sharing with
  395  the other parent if when it is in the best interests of the
  396  minor child.
  397         3. Access to records and information pertaining to a minor
  398  child, including, but not limited to, medical, dental, and
  399  school records, may not be denied to either parent. Full rights
  400  under this subparagraph apply to either parent unless a court
  401  order specifically revokes these rights, including any
  402  restrictions on these rights as provided in a domestic violence
  403  injunction. A parent having rights under this subparagraph has
  404  the same rights upon request as to form, substance, and manner
  405  of access as are available to the other parent of a child,
  406  including, without limitation, the right to in-person
  407  communication with medical, dental, and education providers.
  408         (d) The circuit court in the county in which either parent
  409  and the child reside or the circuit court in which the original
  410  order approving or creating the parenting plan was entered may
  411  has jurisdiction to modify the parenting plan. The court may
  412  change the venue in accordance with s. 47.122.
  413         (3) For purposes of establishing or modifying parental
  414  responsibility and creating, developing, approving, or modifying
  415  a parenting plan, including a time-sharing schedule, which
  416  governs each parent’s relationship with his or her minor child
  417  and the relationship between each parent with regard to his or
  418  her minor child, the best interest of the child shall be the
  419  primary consideration. A determination of parental
  420  responsibility, a parenting plan, or a time-sharing schedule may
  421  not be modified without a showing of a substantial, material,
  422  and unanticipated change in circumstances and a determination
  423  that the modification is in the best interests of the child.
  424  Determination of the best interests of the child shall be made
  425  by evaluating all of the factors affecting the welfare and
  426  interests of the particular minor child and the circumstances of
  427  that family, including, but not limited to:
  428         (a) The demonstrated capacity and disposition of each
  429  parent to facilitate and encourage a close and continuing
  430  parent-child relationship, to honor the time-sharing schedule,
  431  and to be reasonable when changes are required.
  432         (b) The anticipated division of parental responsibilities
  433  after the litigation, including the extent to which parental
  434  responsibilities will be delegated to third parties.
  435         (c) The demonstrated capacity and disposition of each
  436  parent to determine, consider, and act upon the needs of the
  437  child as opposed to the needs or desires of the parent.
  438         (d) The length of time the child has lived in a stable,
  439  satisfactory environment and the desirability of maintaining
  440  continuity.
  441         (e) The geographic viability of the parenting plan, with
  442  special attention paid to the needs of school-age children and
  443  the amount of time to be spent traveling to effectuate the
  444  parenting plan. This factor does not create a presumption for or
  445  against relocation of either parent with a child.
  446         (f) The moral fitness of the parents.
  447         (g) The mental and physical health of the parents.
  448         (h) The home, school, and community record of the child.
  449         (i) The reasonable preference of the child, if the court
  450  deems the child to be of sufficient intelligence, understanding,
  451  and experience to express a preference.
  452         (j) The demonstrated knowledge, capacity, and disposition
  453  of each parent to be informed of the circumstances of the minor
  454  child, including, but not limited to, the child’s friends,
  455  teachers, medical care providers, daily activities, and favorite
  456  things.
  457         (k) The demonstrated capacity and disposition of each
  458  parent to provide a consistent routine for the child, such as
  459  discipline, and daily schedules for homework, meals, and
  460  bedtime.
  461         (l) The demonstrated capacity of each parent to communicate
  462  with and keep the other parent informed of issues and activities
  463  regarding the minor child, and the willingness of each parent to
  464  adopt a unified front on all major issues when dealing with the
  465  child.
  466         (m) Evidence of domestic violence, sexual violence, child
  467  abuse, child abandonment, or child neglect, regardless of
  468  whether a prior or pending action relating to those issues has
  469  been brought. If the court accepts evidence of prior or pending
  470  actions regarding domestic violence, sexual violence, child
  471  abuse, child abandonment, or child neglect, the court must
  472  specifically acknowledge in writing that such evidence was
  473  considered when evaluating the best interests of the child.
  474         (n) Evidence that either parent has knowingly provided
  475  false information to the court regarding any prior or pending
  476  action regarding domestic violence, sexual violence, child
  477  abuse, child abandonment, or child neglect.
  478         (o) The particular parenting tasks customarily performed by
  479  each parent and the division of parental responsibilities before
  480  the institution of litigation and during the pending litigation,
  481  including the extent to which parenting responsibilities were
  482  undertaken by third parties.
  483         (p) The demonstrated capacity and disposition of each
  484  parent to participate and be involved in the child’s school and
  485  extracurricular activities.
  486         (q) The demonstrated capacity and disposition of each
  487  parent to maintain an environment for the child which is free
  488  from substance abuse.
  489         (r) The capacity and disposition of each parent to protect
  490  the child from the ongoing litigation as demonstrated by not
  491  discussing the litigation with the child, not sharing documents
  492  or electronic media related to the litigation with the child,
  493  and refraining from disparaging comments about the other parent
  494  to the child.
  495         (s) The developmental stages and needs of the child and the
  496  demonstrated capacity and disposition of each parent to meet the
  497  child’s developmental needs.
  498         (t) Any other factor that is relevant to the determination
  499  of a specific parenting plan, including the time-sharing
  500  schedule.
  501         (6) In any proceeding under this section, the court may not
  502  deny shared parental responsibility and time-sharing rights to a
  503  parent solely because that parent is or is believed to be
  504  infected with human immunodeficiency virus, but the court may,
  505  condition such rights to require that parent in an order
  506  approving the parenting plan, require that parent to observe
  507  measures approved by the Centers for Disease Control and
  508  Prevention of the United States Public Health Service or by the
  509  Department of Health for preventing the spread of human
  510  immunodeficiency virus to the child.
  511         Section 4. Section 61.13001, Florida Statutes, is amended
  512  to read:
  513         61.13001 Parental relocation with a child.—
  514         (1) DEFINITIONS.—As used in this section, the term:
  515         (a)“Change of residence address” means the relocation of a
  516  child to a principal residence more than 50 miles away from his
  517  or her principal place of residence at the time of the entry of
  518  the last order establishing or modifying the parenting plan or
  519  the time-sharing schedule or both for the minor child, unless
  520  the move places the principal residence of the minor child less
  521  than 50 miles from either parent.
  522         (a)(b) “Child” means any person who is under the
  523  jurisdiction of a state court pursuant to the Uniform Child
  524  Custody Jurisdiction and Enforcement Act or is the subject of
  525  any order granting to a parent or other person any right to
  526  time-sharing, residential care, kinship, or custody, as provided
  527  under state law.
  528         (b)(c) “Court” means the circuit court in an original
  529  proceeding which has proper venue and jurisdiction in accordance
  530  with the Uniform Child Custody Jurisdiction and Enforcement Act,
  531  the circuit court in the county in which either parent and the
  532  child reside, or the circuit court in which the original action
  533  was adjudicated.
  534         (c)(d) “Other person” means an individual who is not the
  535  parent, but with whom the child resides pursuant to and who, by
  536  court order, maintains the primary residence of a child or who
  537  has the right of access to, time-sharing with, or visitation
  538  with the visitation rights with a child.
  539         (d)(e) “Parent” means any person so named by court order or
  540  express written agreement who that is subject to court
  541  enforcement or a person reflected as a parent on a birth
  542  certificate and who is entitled to access to or time-sharing
  543  with the child in whose home a child maintains a residence.
  544         (e)(f) “Relocation” means a change in the location of the
  545  principal residence of a parent or other person from his or her
  546  principal place of residence at the time of the last order
  547  establishing or modifying time-sharing, or at the time of filing
  548  the pending action to establish or modify time-sharing. The
  549  change of location must be at least 50 miles from that
  550  residence, and for at least child for a period of 60 consecutive
  551  days not including or more but does not include a temporary
  552  absence from the principal residence for purposes of vacation,
  553  education, or the provision of health care for the child.
  554         (2) RELOCATION BY AGREEMENT.—
  555         (a) If the parents and every other person entitled to
  556  access to or time-sharing with the child agree to the relocation
  557  of the child, they may satisfy the requirements of this section
  558  by signing a written agreement that:
  559         1. Reflects the consent to the relocation;
  560         2. Defines an access or a time-sharing schedule for the
  561  nonrelocating parent and any other persons who are entitled to
  562  access or time-sharing; and
  563         3. Describes, if necessary, any transportation arrangements
  564  related to access or time-sharing the visitation.
  565         (b) If there is an existing cause of action, judgment, or
  566  decree of record pertaining to the child’s residence or a time
  567  sharing schedule, the parties shall seek ratification of the
  568  agreement by court order without the necessity of an evidentiary
  569  hearing unless a hearing is requested, in writing, by one or
  570  more of the parties to the agreement within 10 days after the
  571  date the agreement is filed with the court. If a hearing is not
  572  timely requested, it shall be presumed that the relocation is in
  573  the best interest of the child and the court may ratify the
  574  agreement without an evidentiary hearing.
  575         (3) PETITION NOTICE OF INTENT TO RELOCATE WITH A CHILD.
  576  Unless an agreement has been entered as described in subsection
  577  (2), a parent or other person seeking relocation must file a
  578  petition to relocate and serve it upon who is entitled to time
  579  sharing with the child shall notify the other parent, and every
  580  other person entitled to access to or time-sharing with the
  581  child, of a proposed relocation of the child’s residence. The
  582  pleadings must be in accordance with form of notice shall be
  583  according to this section:
  584         (a) The petition to relocate must be signed under oath or
  585  affirmation under penalty of perjury and include parent seeking
  586  to relocate shall prepare a Notice of Intent to Relocate. The
  587  following information must be included with the Notice of Intent
  588  to Relocate and signed under oath under penalty of perjury:
  589         1. A description of the location of the intended new
  590  residence, including the state, city, and specific physical
  591  address, if known.
  592         2. The mailing address of the intended new residence, if
  593  not the same as the physical address, if known.
  594         3. The home telephone number of the intended new residence,
  595  if known.
  596         4. The date of the intended move or proposed relocation.
  597         5. A detailed statement of the specific reasons for the
  598  proposed relocation of the child. If one of the reasons is based
  599  upon a job offer that which has been reduced to writing, the
  600  that written job offer must be attached to the petition Notice
  601  of Intent to Relocate.
  602         6. A proposal for the revised postrelocation schedule for
  603  access and of time-sharing together with a proposal for the
  604  postrelocation transportation arrangements necessary to
  605  effectuate time-sharing with the child. Absent the existence of
  606  a current, valid order abating, terminating, or restricting
  607  access or time-sharing visitation or other good cause predating
  608  the petition Notice of Intent to Relocate, failure to comply
  609  with this provision renders the petition Notice of Intent to
  610  relocate legally insufficient.
  611         7. Substantially the following statement, in all capital
  612  letters and in the same size type, or larger, as the type in the
  613  remainder of the petition notice:
  614  
  615  A RESPONSE AN OBJECTION TO THE PETITION OBJECTING TO PROPOSED
  616  RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND
  617  SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN
  618  20 30 DAYS AFTER SERVICE OF THIS PETITION NOTICE OF INTENT TO
  619  RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE
  620  RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST
  621  INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A
  622  HEARING.
  623         8.The mailing address of the parent or other person
  624  seeking to relocate to which the objection filed under
  625  subsection (5) to the Notice of Intent to Relocate should be
  626  sent.
  627  
  628  The contents of the Notice of Intent to Relocate are not
  629  privileged. For purposes of encouraging amicable resolution of
  630  the relocation issue, a copy of the Notice of Intent to Relocate
  631  shall initially not be filed with the court but instead served
  632  upon the nonrelocating parent, other person, and every other
  633  person entitled to time-sharing with the child, and the original
  634  thereof shall be maintained by the parent or other person
  635  seeking to relocate.
  636         (b)The parent seeking to relocate shall also prepare a
  637  Certificate of Serving Notice of Intent to Relocate. The
  638  certificate shall certify the date that the Notice of Intent to
  639  Relocate was served on the other parent and on every other
  640  person entitled to time-sharing with the child.
  641         (b)(c) The petition Notice of Intent to relocate must, and
  642  the Certificate of Serving Notice of Intent to Relocate, shall
  643  be served on the other parent and on every other person entitled
  644  to access to and time-sharing with the child. If there is a
  645  pending court action regarding the child, service of process may
  646  be according to court rule. Otherwise, service of process shall
  647  be according to chapters 48 and 49 or via certified mail,
  648  restricted delivery, return receipt requested.
  649         (c)(d) A parent or other person seeking to relocate giving
  650  notice of a proposed relocation or change of residence address
  651  under this section has a continuing duty to provide current and
  652  updated information required by this section when that
  653  information becomes known.
  654         (d)(e) If the other parent and any other person entitled to
  655  access to or time-sharing with the child fails to timely file a
  656  response objecting to the petition to relocate an objection, it
  657  is shall be presumed that the relocation is in the best interest
  658  of the child and that, the relocation should shall be allowed,
  659  and the court shall, absent good cause, enter an order
  660  specifying, attaching a copy of the Notice of Intent to
  661  Relocate, reflecting that the order is entered as a result of
  662  the failure to respond to the petition object to the Notice of
  663  Intent to Relocate, and adopting the access and time-sharing
  664  schedule and transportation arrangements contained in the
  665  petition Notice of Intent to Relocate. The order may be issued
  666  issue in an expedited manner without the necessity of an
  667  evidentiary hearing. If a response an objection is timely filed,
  668  the parent or other person may not relocate, and must proceed to
  669  a temporary hearing or trial and burden returns to the parent or
  670  person seeking to relocate to initiate court proceedings to
  671  obtain court permission to relocate before doing so.
  672         (e)(f)The act of Relocating the child without complying
  673  after failure to comply with the requirements of notice of
  674  intent to relocate procedure described in this subsection
  675  subjects the party in violation thereof to contempt and other
  676  proceedings to compel the return of the child and may be taken
  677  into account by the court in any initial or postjudgment action
  678  seeking a determination or modification of the parenting plan or
  679  the access or the time-sharing schedule, or both, as:
  680         1. A factor in making a determination regarding the
  681  relocation of a child.
  682         2. A factor in determining whether the parenting plan or
  683  the access or time-sharing schedule should be modified.
  684         3. A basis for ordering the temporary or permanent return
  685  of the child.
  686         4. Sufficient cause to order the parent or other person
  687  seeking to relocate the child to pay reasonable expenses and
  688  attorney’s fees incurred by the party objecting to the
  689  relocation.
  690         5. Sufficient cause for the award of reasonable attorney’s
  691  fees and costs, including interim travel expenses incident to
  692  access or time-sharing or securing the return of the child.
  693         (4) APPLICABILITY OF PUBLIC RECORDS LAW.—If the parent or
  694  other person seeking to relocate a child, or the child, is
  695  entitled to prevent disclosure of location information under a
  696  any public records exemption applicable to that person, the
  697  court may enter any order necessary to modify the disclosure
  698  requirements of this section in compliance with the public
  699  records exemption.
  700         (5) CONTENT OF OBJECTION TO RELOCATION.—An answer objecting
  701  to a proposed relocation objection seeking to prevent the
  702  relocation of a child must be verified and served within 30 days
  703  after service of the Notice of Intent to Relocate. The objection
  704  must include the specific factual basis supporting the reasons
  705  for seeking a prohibition of the relocation, including a
  706  statement of the amount of participation or involvement the
  707  objecting party currently has or has had in the life of the
  708  child.
  709         (6) TEMPORARY ORDER.—
  710         (a) The court may grant a temporary order restraining the
  711  relocation of a child, order or ordering the return of the
  712  child, if a relocation has previously taken place, or order
  713  other appropriate remedial relief, if the court finds:
  714         1. That the petition to relocate does not comply with
  715  subsection (3) The required notice of a proposed relocation of a
  716  child was not provided in a timely manner;
  717         2. That the child already has been relocated without a
  718  notice or written agreement of the parties or without court
  719  approval; or
  720         3. From an examination of the evidence presented at the
  721  preliminary hearing that there is a likelihood that upon final
  722  hearing the court will not approve the relocation of the child.
  723         (b) The court may grant a temporary order permitting the
  724  relocation of the child pending final hearing, if the court
  725  finds:
  726         1. Finds That the petition required Notice of Intent to
  727  relocate was properly filed and is otherwise in compliance with
  728  subsection (3) provided in a timely manner; and
  729         2. Finds From an examination of the evidence presented at
  730  the preliminary hearing, that there is a likelihood that on
  731  final hearing the court will approve the relocation of the
  732  child, which findings must be supported by the same factual
  733  basis as would be necessary to support approving the permitting
  734  of relocation in a final judgment.
  735         (c) If the court has issued a temporary order authorizing a
  736  party seeking to relocate or move a child before a final
  737  judgment is rendered, the court may not give any weight to the
  738  temporary relocation as a factor in reaching its final decision.
  739         (d) If temporary relocation of a child is approved
  740  permitted, the court may require the person relocating the child
  741  to provide reasonable security, financial or otherwise, and
  742  guarantee that the court-ordered contact with the child will not
  743  be interrupted or interfered with by the relocating party.
  744         (7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
  745  RELOCATION.—A presumption does not arise in favor of or against
  746  a request to relocate with the child does not arise if when a
  747  parent or other person seeks to relocate move the child and the
  748  move will materially affect the current schedule of contact,
  749  access, and time-sharing with the nonrelocating parent or other
  750  person. In reaching its decision regarding a proposed temporary
  751  or permanent relocation, the court shall evaluate all of the
  752  following factors:
  753         (a) The nature, quality, extent of involvement, and
  754  duration of the child’s relationship with the parent or other
  755  person proposing to relocate with the child and with the
  756  nonrelocating parent, other persons, siblings, half-siblings,
  757  and other significant persons in the child’s life.
  758         (b) The age and developmental stage of the child, the needs
  759  of the child, and the likely impact the relocation will have on
  760  the child’s physical, educational, and emotional development,
  761  taking into consideration any special needs of the child.
  762         (c) The feasibility of preserving the relationship between
  763  the nonrelocating parent or other person and the child through
  764  substitute arrangements that take into consideration the
  765  logistics of contact, access, and time-sharing, as well as the
  766  financial circumstances of the parties; whether those factors
  767  are sufficient to foster a continuing meaningful relationship
  768  between the child and the nonrelocating parent or other person;
  769  and the likelihood of compliance with the substitute
  770  arrangements by the relocating parent or other person once he or
  771  she is out of the jurisdiction of the court.
  772         (d) The child’s preference, taking into consideration the
  773  age and maturity of the child.
  774         (e) Whether the relocation will enhance the general quality
  775  of life for both the parent or other person seeking the
  776  relocation and the child, including, but not limited to,
  777  financial or emotional benefits or educational opportunities.
  778         (f) The reasons of each parent or other person is for
  779  seeking or opposing the relocation.
  780         (g) The current employment and economic circumstances of
  781  each parent or other person and whether or not the proposed
  782  relocation is necessary to improve the economic circumstances of
  783  the parent or other person seeking relocation of the child.
  784         (h) That the relocation is sought in good faith and the
  785  extent to which the objecting parent has fulfilled his or her
  786  financial obligations to the parent or other person seeking
  787  relocation, including child support, spousal support, and
  788  marital property and marital debt obligations.
  789         (i) The career and other opportunities available to the
  790  objecting parent or objecting other person if the relocation
  791  occurs.
  792         (j) A history of substance abuse or domestic violence as
  793  defined in s. 741.28 or which meets the criteria of s.
  794  39.806(1)(d) by either parent, including a consideration of the
  795  severity of such conduct and the failure or success of any
  796  attempts at rehabilitation.
  797         (k) Any other factor affecting the best interest of the
  798  child or as set forth in s. 61.13.
  799         (8) BURDEN OF PROOF.—The parent or other person wishing to
  800  relocate has the burden of proving proof if an objection is
  801  filed and must then initiate a proceeding seeking court
  802  permission for relocation. The initial burden is on the parent
  803  or person wishing to relocate to prove by a preponderance of the
  804  evidence that relocation is in the best interest of the child.
  805  If that burden of proof is met, the burden shifts to the
  806  nonrelocating parent or other person to show by a preponderance
  807  of the evidence that the proposed relocation is not in the best
  808  interest of the child.
  809         (9) ORDER REGARDING RELOCATION.—If relocation is approved
  810  permitted:
  811         (a) The court may, in its discretion, order contact with
  812  the nonrelocating parent or other person, including access,
  813  time-sharing, telephone, Internet, webcam, and other
  814  arrangements sufficient to ensure that the child has frequent,
  815  continuing, and meaningful contact, access, and time-sharing
  816  with the nonrelocating parent or other person persons, if
  817  contact is financially affordable and in the best interest of
  818  the child.
  819         (b) If applicable, the court shall specify how the
  820  transportation costs are to will be allocated between the
  821  parents and other persons entitled to contact, access, and time
  822  sharing and may adjust the child support award, as appropriate,
  823  considering the costs of transportation and the respective net
  824  incomes of the parents in accordance with the state child
  825  support guidelines schedule.
  826         (10) PRIORITY FOR HEARING OR TRIAL.—An evidentiary hearing
  827  or nonjury trial on a pleading seeking temporary or permanent
  828  relief filed under this section shall be accorded priority on
  829  the court’s calendar. If a motion seeking a temporary relocation
  830  is filed, absent good cause, the hearing must occur no later
  831  than 30 days after the motion for a temporary relocation is
  832  filed. If a notice to set the matter for a nonjury trial is
  833  filed, absent good cause, the nonjury trial must occur no later
  834  than 90 days after the notice is filed.
  835         (11) APPLICABILITY.—
  836         (a) This section applies:
  837         1. To orders entered before October 1, 2009 2006, if the
  838  existing order defining custody, primary residence, the
  839  parenting plan, time-sharing, or access to visitation of or with
  840  the child does not expressly govern the relocation of the child.
  841         2. To an order, whether temporary or permanent, regarding
  842  the parenting plan, custody, primary residence, time-sharing, or
  843  access to visitation of or with the child entered on or after
  844  October 1, 2009 2006.
  845         3. To any relocation or proposed relocation, whether
  846  permanent or temporary, of a child during any proceeding pending
  847  on October 1, 2009 2006, wherein the parenting plan, custody,
  848  primary residence, time-sharing, or access to visitation of or
  849  with the child is an issue.
  850         (b) To the extent that a provision of this section
  851  conflicts with an order existing on October 1, 2009 2006, this
  852  section does not apply to the terms of that order which
  853  expressly govern relocation of the child or a change in the
  854  principal residence address of a parent or other person.
  855         Section 5. Subsection (1) of section 61.183, Florida
  856  Statutes, is amended to read:
  857         61.183 Mediation of certain contested issues.—
  858         (1) In any proceeding in which the issues of parental
  859  responsibility, primary residence, access to, visitation with,
  860  or support of a child are contested, the court may refer the
  861  parties to mediation in accordance with rules promulgated by the
  862  Supreme Court. In Title IV-D cases, any costs, including filing
  863  fees, recording fees, mediation costs, service of process fees,
  864  and other expenses incurred by the clerk of the circuit court,
  865  shall be assessed only against the nonprevailing obligor after
  866  the court makes a determination of the nonprevailing obligor’s
  867  ability to pay such costs and fees.
  868         Section 6. Subsection (3) of section 61.20, Florida
  869  Statutes, is amended to read:
  870         61.20 Social investigation and recommendations regarding a
  871  parenting plan.—
  872         (3) Except as to persons who obtain certification of
  873  indigence as specified in subsection (2), for whom no costs are
  874  shall be incurred, the parents adult parties involved in a
  875  proceeding to determine a parenting plan where wherein the court
  876  has ordered the performance of a social investigation and study
  877  are shall be responsible for paying the payment of the costs of
  878  the such investigation and study. Upon submitting submission of
  879  the study to the court, the agency, staff, or person performing
  880  the study shall include a bill for services, which shall be
  881  taxed and ordered paid as costs in the proceeding.
  882         Section 7. Paragraph (a) of subsection (2) and subsections
  883  (5) and (9) of section 61.21, Florida Statutes, are amended to
  884  read:
  885         61.21 Parenting course authorized; fees; required
  886  attendance authorized; contempt.—
  887         (2) The Department of Children and Family Services shall
  888  approve a parenting course which shall be a course of a minimum
  889  of 4 hours designed to educate, train, and assist divorcing
  890  parents in regard to the consequences of divorce on parents and
  891  children.
  892         (a) The parenting course referred to in this section shall
  893  be named the Parent Education and Family Stabilization Course
  894  and may include, but need not be limited to, the following
  895  topics as they relate to court actions between parents involving
  896  custody, care, time-sharing visitation, and support of a child
  897  or children:
  898         1. Legal aspects of deciding child-related issues between
  899  parents.
  900         2. Emotional aspects of separation and divorce on adults.
  901         3. Emotional aspects of separation and divorce on children.
  902         4. Family relationships and family dynamics.
  903         5. Financial responsibilities to a child or children.
  904         6. Issues regarding spousal or child abuse and neglect.
  905         7. Skill-based relationship education that may be
  906  generalized to parenting, workplace, school, neighborhood, and
  907  civic relationships.
  908         (5) All parties required to complete a parenting course
  909  under this section shall begin the course as expeditiously as
  910  possible. For dissolution of marriage actions, unless excused by
  911  the court pursuant to subsection (4), the petitioner must
  912  complete the course within 45 days after the filing of the
  913  petition, and all other parties must complete the course within
  914  45 days after service of the petition. For paternity actions,
  915  unless excused by the court pursuant to subsection (4), the
  916  petitioner must complete the course within 45 days after filing
  917  the petition, and any other party must complete the course
  918  within 45 days after an acknowledgment of paternity by that
  919  party, an adjudication of paternity of that party, or an order
  920  granting time-sharing visitation to or support from that party.
  921  Each party to a dissolution or paternity action shall file proof
  922  of compliance with this subsection with the court prior to the
  923  entry of the final judgment.
  924         (9) The court may hold any parent who fails to attend a
  925  required parenting course in contempt, or that parent may be
  926  denied shared parental responsibility or time-sharing visitation
  927  or otherwise sanctioned as the court deems appropriate.
  928         Section 8. Paragraph (a) of subsection (5) of section
  929  741.30, Florida Statutes, is amended to read:
  930         741.30 Domestic violence; injunction; powers and duties of
  931  court and clerk; petition; notice and hearing; temporary
  932  injunction; issuance of injunction; statewide verification
  933  system; enforcement.—
  934         (5)(a) If When it appears to the court that an immediate
  935  and present danger of domestic violence exists, the court may
  936  grant a temporary injunction ex parte, pending a full hearing,
  937  and may grant such relief as the court deems proper, including
  938  an injunction:
  939         1. Restraining the respondent from committing any acts of
  940  domestic violence.
  941         2. Awarding to the petitioner the temporary exclusive use
  942  and possession of the dwelling that the parties share or
  943  excluding the respondent from the residence of the petitioner.
  944         3. On the same basis as provided in s. 61.13, providing the
  945  petitioner a temporary parenting plan, including a time-sharing
  946  schedule, which may award the petitioner up to with 100 percent
  947  of the time-sharing. The temporary parenting plan remains that
  948  shall remain in effect until the order expires or an order is
  949  entered by a court of competent jurisdiction in a pending or
  950  subsequent civil action or proceeding affecting the placement
  951  of, access to, parental time with, adoption of, or parental
  952  rights and responsibilities for the minor child.
  953         Section 9. This act shall take effect October 1, 2009.