CS for CS for CS for SB 904                Third Engrossed (ntc)
       
       
       
       
       
       
       
       
       2009904e3
       
    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 3. apply, all
  296  child support orders entered on or after January 1, 1985, shall
  297  direct that the payments of child support be made as provided in
  298  s. 61.181 through the depository in the county where the court
  299  is located. All child support orders shall provide the full name
  300  and date of birth of each minor child who is the subject of the
  301  child support order.
  302         2. Unless the provisions of subparagraph 3. apply, all
  303  child support orders entered before January 1, 1985, shall be
  304  modified by the court to direct that payments of child support
  305  shall be made through the depository in the county where the
  306  court is located upon the subsequent appearance of either or
  307  both parents to modify or enforce the order, or in any related
  308  proceeding.
  309         2.3. If both parties request and the court finds that it is
  310  in the best interest of the child, support payments need not be
  311  subject to immediate income deduction. Support orders that are
  312  not subject to immediate income deduction may be directed
  313  through the depository under s. 61.181. Payments for all support
  314  orders that provide for immediate income deduction shall be made
  315  to the State Disbursement Unit. The order of support shall
  316  provide, or shall be deemed to provide, that either party may
  317  subsequently apply to the depository to require direction of the
  318  payments through the depository. The court shall provide a copy
  319  of the order to the depository.
  320         3.4.For support orders that do not provide for immediate
  321  income deduction if the parties elect not to require that
  322  support payments be made through the depository, any party, or
  323  the IV-D agency in a IV-D case, may subsequently file an
  324  affidavit with the State Disbursement Unit depository alleging a
  325  default in payment of child support and stating that the party
  326  wishes to require that payments be made through the State
  327  Disbursement Unit depository. The party shall provide copies of
  328  the affidavit to the court and to each other party. Fifteen days
  329  after receipt of the affidavit, the State Disbursement Unit
  330  depository shall notify all both parties that future payments
  331  shall be paid through the State Disbursement Unit depository.
  332         5. In IV-D cases, the IV-D agency shall have the same
  333  rights as the obligee in requesting that payments be made
  334  through the depository.
  335         (2)(a) The court may shall have jurisdiction to approve,
  336  grant, or modify a parenting plan, notwithstanding that the
  337  child is not physically present in this state at the time of
  338  filing any proceeding under this chapter, if it appears to the
  339  court that the child was removed from this state for the primary
  340  purpose of removing the child from the court’s jurisdiction of
  341  the court in an attempt to avoid the court’s approval, creation,
  342  or modification of a parenting plan.
  343         (b) A Any parenting plan approved by the court must, at a
  344  minimum, describe in adequate detail how the parents will share
  345  and be responsible for the daily tasks associated with the
  346  upbringing of the child;, the time-sharing schedule arrangements
  347  that specify the time that the minor child will spend with each
  348  parent;, a designation of who will be responsible for any and
  349  all forms of health care, school-related matters including the
  350  address to be used for school-boundary determination and
  351  registration, and other activities;, and the methods and
  352  technologies that the parents will use to communicate with the
  353  child.
  354         (c)1. The court shall determine all matters relating to
  355  parenting and time-sharing of each minor child of the parties in
  356  accordance with the best interests of the child and in
  357  accordance with the Uniform Child Custody Jurisdiction and
  358  Enforcement Act, except that modification of a parenting plan
  359  and time-sharing schedule requires a showing of a substantial,
  360  material, and unanticipated change of circumstances.
  361         1. It is the public policy of this state to assure that
  362  each minor child has frequent and continuing contact with both
  363  parents after the parents separate or the marriage of the
  364  parties is dissolved and to encourage parents to share the
  365  rights and responsibilities, and joys, of childrearing. There is
  366  no presumption for or against the father or mother of the child
  367  or for or against any specific time-sharing schedule when
  368  creating or modifying the parenting plan of the child.
  369         2. The court shall order that the parental responsibility
  370  for a minor child be shared by both parents unless the court
  371  finds that shared parental responsibility would be detrimental
  372  to the child. Evidence that a parent has been convicted of a
  373  misdemeanor felony of the first third degree or higher involving
  374  domestic violence, as defined in s. 741.28 and chapter 775, or
  375  meets the criteria of s. 39.806(1)(d), creates a rebuttable
  376  presumption of detriment to the child. If the presumption is not
  377  rebutted after the convicted parent is advised by the court that
  378  the presumption exists, shared parental responsibility,
  379  including time-sharing with the child, and decisions made
  380  regarding the child, may not be granted to the convicted parent.
  381  However, the convicted parent is not relieved of any obligation
  382  to provide financial support. If the court determines that
  383  shared parental responsibility would be detrimental to the
  384  child, it may order sole parental responsibility and make such
  385  arrangements for time-sharing as specified in the parenting plan
  386  as will best protect the child or abused spouse from further
  387  harm. Whether or not there is a conviction of any offense of
  388  domestic violence or child abuse or the existence of an
  389  injunction for protection against domestic violence, the court
  390  shall consider evidence of domestic violence or child abuse as
  391  evidence of detriment to the child.
  392         a. In ordering shared parental responsibility, the court
  393  may consider the expressed desires of the parents and may grant
  394  to one party the ultimate responsibility over specific aspects
  395  of the child’s welfare or may divide those responsibilities
  396  between the parties based on the best interests of the child.
  397  Areas of responsibility may include education, health care, and
  398  any other responsibilities that the court finds unique to a
  399  particular family.
  400         b. The court shall order sole parental responsibility for
  401  a minor child to one parent, with or without time-sharing with
  402  the other parent if when it is in the best interests of the
  403  minor child.
  404         3. Access to records and information pertaining to a minor
  405  child, including, but not limited to, medical, dental, and
  406  school records, may not be denied to either parent. Full rights
  407  under this subparagraph apply to either parent unless a court
  408  order specifically revokes these rights, including any
  409  restrictions on these rights as provided in a domestic violence
  410  injunction. A parent having rights under this subparagraph has
  411  the same rights upon request as to form, substance, and manner
  412  of access as are available to the other parent of a child,
  413  including, without limitation, the right to in-person
  414  communication with medical, dental, and education providers.
  415         (d) The circuit court in the county in which either parent
  416  and the child reside or the circuit court in which the original
  417  order approving or creating the parenting plan was entered may
  418  has jurisdiction to modify the parenting plan. The court may
  419  change the venue in accordance with s. 47.122.
  420         (3) For purposes of establishing or modifying parental
  421  responsibility and creating, developing, approving, or modifying
  422  a parenting plan, including a time-sharing schedule, which
  423  governs each parent’s relationship with his or her minor child
  424  and the relationship between each parent with regard to his or
  425  her minor child, the best interest of the child shall be the
  426  primary consideration. A determination of parental
  427  responsibility, a parenting plan, or a time-sharing schedule may
  428  not be modified without a showing of a substantial, material,
  429  and unanticipated change in circumstances and a determination
  430  that the modification is in the best interests of the child.
  431  Determination of the best interests of the child shall be made
  432  by evaluating all of the factors affecting the welfare and
  433  interests of the particular minor child and the circumstances of
  434  that family, including, but not limited to:
  435         (a) The demonstrated capacity and disposition of each
  436  parent to facilitate and encourage a close and continuing
  437  parent-child relationship, to honor the time-sharing schedule,
  438  and to be reasonable when changes are required.
  439         (b) The anticipated division of parental responsibilities
  440  after the litigation, including the extent to which parental
  441  responsibilities will be delegated to third parties.
  442         (c) The demonstrated capacity and disposition of each
  443  parent to determine, consider, and act upon the needs of the
  444  child as opposed to the needs or desires of the parent.
  445         (d) The length of time the child has lived in a stable,
  446  satisfactory environment and the desirability of maintaining
  447  continuity.
  448         (e) The geographic viability of the parenting plan, with
  449  special attention paid to the needs of school-age children and
  450  the amount of time to be spent traveling to effectuate the
  451  parenting plan. This factor does not create a presumption for or
  452  against relocation of either parent with a child.
  453         (f) The moral fitness of the parents.
  454         (g) The mental and physical health of the parents.
  455         (h) The home, school, and community record of the child.
  456         (i) The reasonable preference of the child, if the court
  457  deems the child to be of sufficient intelligence, understanding,
  458  and experience to express a preference.
  459         (j) The demonstrated knowledge, capacity, and disposition
  460  of each parent to be informed of the circumstances of the minor
  461  child, including, but not limited to, the child’s friends,
  462  teachers, medical care providers, daily activities, and favorite
  463  things.
  464         (k) The demonstrated capacity and disposition of each
  465  parent to provide a consistent routine for the child, such as
  466  discipline, and daily schedules for homework, meals, and
  467  bedtime.
  468         (l) The demonstrated capacity of each parent to communicate
  469  with and keep the other parent informed of issues and activities
  470  regarding the minor child, and the willingness of each parent to
  471  adopt a unified front on all major issues when dealing with the
  472  child.
  473         (m) Evidence of domestic violence, sexual violence, child
  474  abuse, child abandonment, or child neglect, regardless of
  475  whether a prior or pending action relating to those issues has
  476  been brought. If the court accepts evidence of prior or pending
  477  actions regarding domestic violence, sexual violence, child
  478  abuse, child abandonment, or child neglect, the court must
  479  specifically acknowledge in writing that such evidence was
  480  considered when evaluating the best interests of the child.
  481         (n) Evidence that either parent has knowingly provided
  482  false information to the court regarding any prior or pending
  483  action regarding domestic violence, sexual violence, child
  484  abuse, child abandonment, or child neglect.
  485         (o) The particular parenting tasks customarily performed by
  486  each parent and the division of parental responsibilities before
  487  the institution of litigation and during the pending litigation,
  488  including the extent to which parenting responsibilities were
  489  undertaken by third parties.
  490         (p) The demonstrated capacity and disposition of each
  491  parent to participate and be involved in the child’s school and
  492  extracurricular activities.
  493         (q) The demonstrated capacity and disposition of each
  494  parent to maintain an environment for the child which is free
  495  from substance abuse.
  496         (r) The capacity and disposition of each parent to protect
  497  the child from the ongoing litigation as demonstrated by not
  498  discussing the litigation with the child, not sharing documents
  499  or electronic media related to the litigation with the child,
  500  and refraining from disparaging comments about the other parent
  501  to the child.
  502         (s) The developmental stages and needs of the child and the
  503  demonstrated capacity and disposition of each parent to meet the
  504  child’s developmental needs.
  505         (t) Any other factor that is relevant to the determination
  506  of a specific parenting plan, including the time-sharing
  507  schedule.
  508         (6) In any proceeding under this section, the court may not
  509  deny shared parental responsibility and time-sharing rights to a
  510  parent solely because that parent is or is believed to be
  511  infected with human immunodeficiency virus, but the court may,
  512  condition such rights to require that parent in an order
  513  approving the parenting plan, require that parent to observe
  514  measures approved by the Centers for Disease Control and
  515  Prevention of the United States Public Health Service or by the
  516  Department of Health for preventing the spread of human
  517  immunodeficiency virus to the child.
  518         Section 4. Section 61.13001, Florida Statutes, is amended
  519  to read:
  520         61.13001 Parental relocation with a child.—
  521         (1) DEFINITIONS.—As used in this section, the term:
  522         (a)“Change of residence address” means the relocation of a
  523  child to a principal residence more than 50 miles away from his
  524  or her principal place of residence at the time of the entry of
  525  the last order establishing or modifying the parenting plan or
  526  the time-sharing schedule or both for the minor child, unless
  527  the move places the principal residence of the minor child less
  528  than 50 miles from either parent.
  529         (a)(b) “Child” means any person who is under the
  530  jurisdiction of a state court pursuant to the Uniform Child
  531  Custody Jurisdiction and Enforcement Act or is the subject of
  532  any order granting to a parent or other person any right to
  533  time-sharing, residential care, kinship, or custody, as provided
  534  under state law.
  535         (b)(c) “Court” means the circuit court in an original
  536  proceeding which has proper venue and jurisdiction in accordance
  537  with the Uniform Child Custody Jurisdiction and Enforcement Act,
  538  the circuit court in the county in which either parent and the
  539  child reside, or the circuit court in which the original action
  540  was adjudicated.
  541         (c)(d) “Other person” means an individual who is not the
  542  parent, but with whom the child resides pursuant to and who, by
  543  court order, maintains the primary residence of a child or who
  544  has the right of access to, time-sharing with, or visitation
  545  with the visitation rights with a child.
  546         (d)(e) “Parent” means any person so named by court order or
  547  express written agreement who that is subject to court
  548  enforcement or a person reflected as a parent on a birth
  549  certificate and who is entitled to access to or time-sharing
  550  with the child in whose home a child maintains a residence.
  551         (e)(f) “Relocation” means a change in the location of the
  552  principal residence of a parent or other person from his or her
  553  principal place of residence at the time of the last order
  554  establishing or modifying time-sharing, or at the time of filing
  555  the pending action to establish or modify time-sharing. The
  556  change of location must be at least 50 miles from that
  557  residence, and for at least child for a period of 60 consecutive
  558  days not including or more but does not include a temporary
  559  absence from the principal residence for purposes of vacation,
  560  education, or the provision of health care for the child.
  561         (2) RELOCATION BY AGREEMENT.—
  562         (a) If the parents and every other person entitled to
  563  access to or time-sharing with the child agree to the relocation
  564  of the child, they may satisfy the requirements of this section
  565  by signing a written agreement that:
  566         1. Reflects the consent to the relocation;
  567         2. Defines an access or a time-sharing schedule for the
  568  nonrelocating parent and any other persons who are entitled to
  569  access or time-sharing; and
  570         3. Describes, if necessary, any transportation arrangements
  571  related to access or time-sharing the visitation.
  572         (b) If there is an existing cause of action, judgment, or
  573  decree of record pertaining to the child’s residence or a time
  574  sharing schedule, the parties shall seek ratification of the
  575  agreement by court order without the necessity of an evidentiary
  576  hearing unless a hearing is requested, in writing, by one or
  577  more of the parties to the agreement within 10 days after the
  578  date the agreement is filed with the court. If a hearing is not
  579  timely requested, it shall be presumed that the relocation is in
  580  the best interest of the child and the court may ratify the
  581  agreement without an evidentiary hearing.
  582         (3) PETITION NOTICE OF INTENT TO RELOCATE WITH A CHILD.
  583  Unless an agreement has been entered as described in subsection
  584  (2), a parent or other person seeking relocation must file a
  585  petition to relocate and serve it upon who is entitled to time
  586  sharing with the child shall notify the other parent, and every
  587  other person entitled to access to or time-sharing with the
  588  child, of a proposed relocation of the child’s residence. The
  589  pleadings must be in accordance with form of notice shall be
  590  according to this section:
  591         (a) The petition to relocate must be signed under oath or
  592  affirmation under penalty of perjury and include parent seeking
  593  to relocate shall prepare a Notice of Intent to Relocate. The
  594  following information must be included with the Notice of Intent
  595  to Relocate and signed under oath under penalty of perjury:
  596         1. A description of the location of the intended new
  597  residence, including the state, city, and specific physical
  598  address, if known.
  599         2. The mailing address of the intended new residence, if
  600  not the same as the physical address, if known.
  601         3. The home telephone number of the intended new residence,
  602  if known.
  603         4. The date of the intended move or proposed relocation.
  604         5. A detailed statement of the specific reasons for the
  605  proposed relocation of the child. If one of the reasons is based
  606  upon a job offer that which has been reduced to writing, the
  607  that written job offer must be attached to the petition Notice
  608  of Intent to Relocate.
  609         6. A proposal for the revised postrelocation schedule for
  610  access and of time-sharing together with a proposal for the
  611  postrelocation transportation arrangements necessary to
  612  effectuate time-sharing with the child. Absent the existence of
  613  a current, valid order abating, terminating, or restricting
  614  access or time-sharing visitation or other good cause predating
  615  the petition Notice of Intent to Relocate, failure to comply
  616  with this provision renders the petition Notice of Intent to
  617  relocate legally insufficient.
  618         7. Substantially the following statement, in all capital
  619  letters and in the same size type, or larger, as the type in the
  620  remainder of the petition notice:
  621  
  622  A RESPONSE AN OBJECTION TO THE PETITION OBJECTING TO PROPOSED
  623  RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND
  624  SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN
  625  20 30 DAYS AFTER SERVICE OF THIS PETITION NOTICE OF INTENT TO
  626  RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE
  627  RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST
  628  INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A
  629  HEARING.
  630         8.The mailing address of the parent or other person
  631  seeking to relocate to which the objection filed under
  632  subsection (5) to the Notice of Intent to Relocate should be
  633  sent.
  634  
  635  The contents of the Notice of Intent to Relocate are not
  636  privileged. For purposes of encouraging amicable resolution of
  637  the relocation issue, a copy of the Notice of Intent to Relocate
  638  shall initially not be filed with the court but instead served
  639  upon the nonrelocating parent, other person, and every other
  640  person entitled to time-sharing with the child, and the original
  641  thereof shall be maintained by the parent or other person
  642  seeking to relocate.
  643         (b)The parent seeking to relocate shall also prepare a
  644  Certificate of Serving Notice of Intent to Relocate. The
  645  certificate shall certify the date that the Notice of Intent to
  646  Relocate was served on the other parent and on every other
  647  person entitled to time-sharing with the child.
  648         (b)(c) The petition Notice of Intent to relocate must, and
  649  the Certificate of Serving Notice of Intent to Relocate, shall
  650  be served on the other parent and on every other person entitled
  651  to access to and time-sharing with the child. If there is a
  652  pending court action regarding the child, service of process may
  653  be according to court rule. Otherwise, service of process shall
  654  be according to chapters 48 and 49 or via certified mail,
  655  restricted delivery, return receipt requested.
  656         (c)(d) A parent or other person seeking to relocate giving
  657  notice of a proposed relocation or change of residence address
  658  under this section has a continuing duty to provide current and
  659  updated information required by this section when that
  660  information becomes known.
  661         (d)(e) If the other parent and any other person entitled to
  662  access to or time-sharing with the child fails to timely file a
  663  response objecting to the petition to relocate an objection, it
  664  is shall be presumed that the relocation is in the best interest
  665  of the child and that, the relocation should shall be allowed,
  666  and the court shall, absent good cause, enter an order
  667  specifying, attaching a copy of the Notice of Intent to
  668  Relocate, reflecting that the order is entered as a result of
  669  the failure to respond to the petition object to the Notice of
  670  Intent to Relocate, and adopting the access and time-sharing
  671  schedule and transportation arrangements contained in the
  672  petition Notice of Intent to Relocate. The order may be issued
  673  issue in an expedited manner without the necessity of an
  674  evidentiary hearing. If a response an objection is timely filed,
  675  the parent or other person may not relocate, and must proceed to
  676  a temporary hearing or trial and burden returns to the parent or
  677  person seeking to relocate to initiate court proceedings to
  678  obtain court permission to relocate before doing so.
  679         (e)(f)The act of Relocating the child without complying
  680  after failure to comply with the requirements of notice of
  681  intent to relocate procedure described in this subsection
  682  subjects the party in violation thereof to contempt and other
  683  proceedings to compel the return of the child and may be taken
  684  into account by the court in any initial or postjudgment action
  685  seeking a determination or modification of the parenting plan or
  686  the access or the time-sharing schedule, or both, as:
  687         1. A factor in making a determination regarding the
  688  relocation of a child.
  689         2. A factor in determining whether the parenting plan or
  690  the access or time-sharing schedule should be modified.
  691         3. A basis for ordering the temporary or permanent return
  692  of the child.
  693         4. Sufficient cause to order the parent or other person
  694  seeking to relocate the child to pay reasonable expenses and
  695  attorney’s fees incurred by the party objecting to the
  696  relocation.
  697         5. Sufficient cause for the award of reasonable attorney’s
  698  fees and costs, including interim travel expenses incident to
  699  access or time-sharing or securing the return of the child.
  700         (4) APPLICABILITY OF PUBLIC RECORDS LAW.—If the parent or
  701  other person seeking to relocate a child, or the child, is
  702  entitled to prevent disclosure of location information under a
  703  any public records exemption applicable to that person, the
  704  court may enter any order necessary to modify the disclosure
  705  requirements of this section in compliance with the public
  706  records exemption.
  707         (5) CONTENT OF OBJECTION TO RELOCATION.—An answer objecting
  708  to a proposed relocation objection seeking to prevent the
  709  relocation of a child must be verified and served within 30 days
  710  after service of the Notice of Intent to Relocate. The objection
  711  must include the specific factual basis supporting the reasons
  712  for seeking a prohibition of the relocation, including a
  713  statement of the amount of participation or involvement the
  714  objecting party currently has or has had in the life of the
  715  child.
  716         (6) TEMPORARY ORDER.—
  717         (a) The court may grant a temporary order restraining the
  718  relocation of a child, order or ordering the return of the
  719  child, if a relocation has previously taken place, or order
  720  other appropriate remedial relief, if the court finds:
  721         1. That the petition to relocate does not comply with
  722  subsection (3) The required notice of a proposed relocation of a
  723  child was not provided in a timely manner;
  724         2. That the child already has been relocated without a
  725  notice or written agreement of the parties or without court
  726  approval; or
  727         3. From an examination of the evidence presented at the
  728  preliminary hearing that there is a likelihood that upon final
  729  hearing the court will not approve the relocation of the child.
  730         (b) The court may grant a temporary order permitting the
  731  relocation of the child pending final hearing, if the court
  732  finds:
  733         1. Finds That the petition required Notice of Intent to
  734  relocate was properly filed and is otherwise in compliance with
  735  subsection (3) provided in a timely manner; and
  736         2. Finds From an examination of the evidence presented at
  737  the preliminary hearing, that there is a likelihood that on
  738  final hearing the court will approve the relocation of the
  739  child, which findings must be supported by the same factual
  740  basis as would be necessary to support approving the permitting
  741  of relocation in a final judgment.
  742         (c) If the court has issued a temporary order authorizing a
  743  party seeking to relocate or move a child before a final
  744  judgment is rendered, the court may not give any weight to the
  745  temporary relocation as a factor in reaching its final decision.
  746         (d) If temporary relocation of a child is approved
  747  permitted, the court may require the person relocating the child
  748  to provide reasonable security, financial or otherwise, and
  749  guarantee that the court-ordered contact with the child will not
  750  be interrupted or interfered with by the relocating party.
  751         (7) NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
  752  RELOCATION.—A presumption does not arise in favor of or against
  753  a request to relocate with the child does not arise if when a
  754  parent or other person seeks to relocate move the child and the
  755  move will materially affect the current schedule of contact,
  756  access, and time-sharing with the nonrelocating parent or other
  757  person. In reaching its decision regarding a proposed temporary
  758  or permanent relocation, the court shall evaluate all of the
  759  following factors:
  760         (a) The nature, quality, extent of involvement, and
  761  duration of the child’s relationship with the parent or other
  762  person proposing to relocate with the child and with the
  763  nonrelocating parent, other persons, siblings, half-siblings,
  764  and other significant persons in the child’s life.
  765         (b) The age and developmental stage of the child, the needs
  766  of the child, and the likely impact the relocation will have on
  767  the child’s physical, educational, and emotional development,
  768  taking into consideration any special needs of the child.
  769         (c) The feasibility of preserving the relationship between
  770  the nonrelocating parent or other person and the child through
  771  substitute arrangements that take into consideration the
  772  logistics of contact, access, and time-sharing, as well as the
  773  financial circumstances of the parties; whether those factors
  774  are sufficient to foster a continuing meaningful relationship
  775  between the child and the nonrelocating parent or other person;
  776  and the likelihood of compliance with the substitute
  777  arrangements by the relocating parent or other person once he or
  778  she is out of the jurisdiction of the court.
  779         (d) The child’s preference, taking into consideration the
  780  age and maturity of the child.
  781         (e) Whether the relocation will enhance the general quality
  782  of life for both the parent or other person seeking the
  783  relocation and the child, including, but not limited to,
  784  financial or emotional benefits or educational opportunities.
  785         (f) The reasons of each parent or other person is for
  786  seeking or opposing the relocation.
  787         (g) The current employment and economic circumstances of
  788  each parent or other person and whether or not the proposed
  789  relocation is necessary to improve the economic circumstances of
  790  the parent or other person seeking relocation of the child.
  791         (h) That the relocation is sought in good faith and the
  792  extent to which the objecting parent has fulfilled his or her
  793  financial obligations to the parent or other person seeking
  794  relocation, including child support, spousal support, and
  795  marital property and marital debt obligations.
  796         (i) The career and other opportunities available to the
  797  objecting parent or objecting other person if the relocation
  798  occurs.
  799         (j) A history of substance abuse or domestic violence as
  800  defined in s. 741.28 or which meets the criteria of s.
  801  39.806(1)(d) by either parent, including a consideration of the
  802  severity of such conduct and the failure or success of any
  803  attempts at rehabilitation.
  804         (k) Any other factor affecting the best interest of the
  805  child or as set forth in s. 61.13.
  806         (8) BURDEN OF PROOF.—The parent or other person wishing to
  807  relocate has the burden of proving proof if an objection is
  808  filed and must then initiate a proceeding seeking court
  809  permission for relocation. The initial burden is on the parent
  810  or person wishing to relocate to prove by a preponderance of the
  811  evidence that relocation is in the best interest of the child.
  812  If that burden of proof is met, the burden shifts to the
  813  nonrelocating parent or other person to show by a preponderance
  814  of the evidence that the proposed relocation is not in the best
  815  interest of the child.
  816         (9) ORDER REGARDING RELOCATION.—If relocation is approved
  817  permitted:
  818         (a) The court may, in its discretion, order contact with
  819  the nonrelocating parent or other person, including access,
  820  time-sharing, telephone, Internet, webcam, and other
  821  arrangements sufficient to ensure that the child has frequent,
  822  continuing, and meaningful contact, access, and time-sharing
  823  with the nonrelocating parent or other person persons, if
  824  contact is financially affordable and in the best interest of
  825  the child.
  826         (b) If applicable, the court shall specify how the
  827  transportation costs are to will be allocated between the
  828  parents and other persons entitled to contact, access, and time
  829  sharing and may adjust the child support award, as appropriate,
  830  considering the costs of transportation and the respective net
  831  incomes of the parents in accordance with the state child
  832  support guidelines schedule.
  833         (10) PRIORITY FOR HEARING OR TRIAL.—An evidentiary hearing
  834  or nonjury trial on a pleading seeking temporary or permanent
  835  relief filed under this section shall be accorded priority on
  836  the court’s calendar. If a motion seeking a temporary relocation
  837  is filed, absent good cause, the hearing must occur no later
  838  than 30 days after the motion for a temporary relocation is
  839  filed. If a notice to set the matter for a nonjury trial is
  840  filed, absent good cause, the nonjury trial must occur no later
  841  than 90 days after the notice is filed.
  842         (11) APPLICABILITY.—
  843         (a) This section applies:
  844         1. To orders entered before October 1, 2009 2006, if the
  845  existing order defining custody, primary residence, the
  846  parenting plan, time-sharing, or access to visitation of or with
  847  the child does not expressly govern the relocation of the child.
  848         2. To an order, whether temporary or permanent, regarding
  849  the parenting plan, custody, primary residence, time-sharing, or
  850  access to visitation of or with the child entered on or after
  851  October 1, 2009 2006.
  852         3. To any relocation or proposed relocation, whether
  853  permanent or temporary, of a child during any proceeding pending
  854  on October 1, 2009 2006, wherein the parenting plan, custody,
  855  primary residence, time-sharing, or access to visitation of or
  856  with the child is an issue.
  857         (b) To the extent that a provision of this section
  858  conflicts with an order existing on October 1, 2009 2006, this
  859  section does not apply to the terms of that order which
  860  expressly govern relocation of the child or a change in the
  861  principal residence address of a parent or other person.
  862         Section 5. Subsection (1) of section 61.183, Florida
  863  Statutes, is amended to read:
  864         61.183 Mediation of certain contested issues.—
  865         (1) In any proceeding in which the issues of parental
  866  responsibility, primary residence, access to, visitation with,
  867  or support of a child are contested, the court may refer the
  868  parties to mediation in accordance with rules promulgated by the
  869  Supreme Court. In Title IV-D cases, any costs, including filing
  870  fees, recording fees, mediation costs, service of process fees,
  871  and other expenses incurred by the clerk of the circuit court,
  872  shall be assessed only against the nonprevailing obligor after
  873  the court makes a determination of the nonprevailing obligor’s
  874  ability to pay such costs and fees.
  875         Section 6. Subsection (3) of section 61.20, Florida
  876  Statutes, is amended to read:
  877         61.20 Social investigation and recommendations regarding a
  878  parenting plan.—
  879         (3) Except as to persons who obtain certification of
  880  indigence as specified in subsection (2), for whom no costs are
  881  shall be incurred, the parents adult parties involved in a
  882  proceeding to determine a parenting plan where wherein the court
  883  has ordered the performance of a social investigation and study
  884  are shall be responsible for paying the payment of the costs of
  885  the such investigation and study. Upon submitting submission of
  886  the study to the court, the agency, staff, or person performing
  887  the study shall include a bill for services, which shall be
  888  taxed and ordered paid as costs in the proceeding.
  889         Section 7. Paragraph (a) of subsection (2) and subsections
  890  (5) and (9) of section 61.21, Florida Statutes, are amended to
  891  read:
  892         61.21 Parenting course authorized; fees; required
  893  attendance authorized; contempt.—
  894         (2) The Department of Children and Family Services shall
  895  approve a parenting course which shall be a course of a minimum
  896  of 4 hours designed to educate, train, and assist divorcing
  897  parents in regard to the consequences of divorce on parents and
  898  children.
  899         (a) The parenting course referred to in this section shall
  900  be named the Parent Education and Family Stabilization Course
  901  and may include, but need not be limited to, the following
  902  topics as they relate to court actions between parents involving
  903  custody, care, time-sharing visitation, and support of a child
  904  or children:
  905         1. Legal aspects of deciding child-related issues between
  906  parents.
  907         2. Emotional aspects of separation and divorce on adults.
  908         3. Emotional aspects of separation and divorce on children.
  909         4. Family relationships and family dynamics.
  910         5. Financial responsibilities to a child or children.
  911         6. Issues regarding spousal or child abuse and neglect.
  912         7. Skill-based relationship education that may be
  913  generalized to parenting, workplace, school, neighborhood, and
  914  civic relationships.
  915         (5) All parties required to complete a parenting course
  916  under this section shall begin the course as expeditiously as
  917  possible. For dissolution of marriage actions, unless excused by
  918  the court pursuant to subsection (4), the petitioner must
  919  complete the course within 45 days after the filing of the
  920  petition, and all other parties must complete the course within
  921  45 days after service of the petition. For paternity actions,
  922  unless excused by the court pursuant to subsection (4), the
  923  petitioner must complete the course within 45 days after filing
  924  the petition, and any other party must complete the course
  925  within 45 days after an acknowledgment of paternity by that
  926  party, an adjudication of paternity of that party, or an order
  927  granting time-sharing visitation to or support from that party.
  928  Each party to a dissolution or paternity action shall file proof
  929  of compliance with this subsection with the court prior to the
  930  entry of the final judgment.
  931         (9) The court may hold any parent who fails to attend a
  932  required parenting course in contempt, or that parent may be
  933  denied shared parental responsibility or time-sharing visitation
  934  or otherwise sanctioned as the court deems appropriate.
  935         Section 8. Paragraph (a) of subsection (5) of section
  936  741.30, Florida Statutes, is amended to read:
  937         741.30 Domestic violence; injunction; powers and duties of
  938  court and clerk; petition; notice and hearing; temporary
  939  injunction; issuance of injunction; statewide verification
  940  system; enforcement.—
  941         (5)(a) If When it appears to the court that an immediate
  942  and present danger of domestic violence exists, the court may
  943  grant a temporary injunction ex parte, pending a full hearing,
  944  and may grant such relief as the court deems proper, including
  945  an injunction:
  946         1. Restraining the respondent from committing any acts of
  947  domestic violence.
  948         2. Awarding to the petitioner the temporary exclusive use
  949  and possession of the dwelling that the parties share or
  950  excluding the respondent from the residence of the petitioner.
  951         3. On the same basis as provided in s. 61.13, providing the
  952  petitioner a temporary parenting plan, including a time-sharing
  953  schedule, which may award the petitioner up to with 100 percent
  954  of the time-sharing. The temporary parenting plan remains that
  955  shall remain in effect until the order expires or an order is
  956  entered by a court of competent jurisdiction in a pending or
  957  subsequent civil action or proceeding affecting the placement
  958  of, access to, parental time with, adoption of, or parental
  959  rights and responsibilities for the minor child.
  960         Section 9. This act shall take effect October 1, 2009.