Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1174
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2019           .                                
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       The Committee on Judiciary (Bean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 47 - 73
    4  and insert:
    5         Section 3. Subsections (4), (6), and (7) of section 751.05,
    6  Florida Statutes, are amended to read:
    7         751.05 Order granting temporary or concurrent custody.—
    8         (4) The order granting:
    9         (a) Concurrent custody of the minor child may not eliminate
   10  or diminish the custodial rights of the child’s parent or
   11  parents, except that the court may approve and enforce any
   12  conditions agreed to by the parties as part of the court order.
   13  The order must expressly state that the grant of custody does
   14  not affect the ability of the child’s parent or parents to
   15  obtain physical custody of the child at any time, unless the
   16  parent or parents agreed to such a condition and it was included
   17  in the order.
   18         (b) Temporary custody of the minor child to the petitioner
   19  may establish conditions to demonstrate the parent’s fitness
   20  before the child may be returned to the physical custody of the
   21  parent and may also grant visitation rights to the child’s
   22  parent or parents, if it is in the best interest of the child.
   23         (6) At any time, either or both of the child’s parents may
   24  petition the court to modify or terminate the order granting
   25  temporary custody.
   26         (a) The court shall terminate the order upon a finding that
   27  the parent is a fit parent, or by consent of the parties. If the
   28  child has been in the temporary custody of an extended family
   29  member for 6 months or longer, the court shall establish any
   30  conditions for the transition of the child to the parents’
   31  custody which are in the best interest of the child, considering
   32  the length of time the child lived with the extended family
   33  member, the child’s developmental stage and psychological needs,
   34  the need for a gradual transition from one setting to another,
   35  and visitation with the extended family member.
   36         (b) The court may modify an order granting temporary
   37  custody if the parties consent or if modification is in the best
   38  interest of the child.
   39         (7) At any time, the petitioner or either or both of the
   40  child’s parents may move the court to terminate the order
   41  granting concurrent custody.
   42         (a) The court shall terminate the order upon a finding that
   43  either or both of the child’s parents object to the order,
   44  except that if the order granting concurrent custody contains
   45  conditions agreed to by the parties, the court may require the
   46  parties to comply with such conditions or demonstrate that the
   47  failure to comply does not endanger the welfare of the child
   48  before allowing the parents to regain physical custody.
   49         (b) The fact that an order for concurrent custody has been
   50  terminated does not preclude any person who is otherwise
   51  eligible to petition for temporary custody from filing such
   52  petition.
   53  
   54  ================= T I T L E  A M E N D M E N T ================
   55  And the title is amended as follows:
   56         Delete lines 7 - 13
   57  and insert:
   58         F.S.; providing requirements for orders granting
   59         concurrent or temporary custody; requiring the court
   60         to establish any conditions for the transition of
   61         custody of the child to the parent which are in the
   62         child’s best interest under certain circumstances;
   63         requiring the court to consider specified factors;
   64         authorizing the court to require parties to comply
   65         with conditions agreed to be the parties in the order
   66         granting concurrent custody or demonstrate that
   67         failure to comply does not endanger the welfare of the
   68         child; providing an effective