Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 1174 Ì3919704Î391970 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/20/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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