Florida Senate - 2019                                    SB 1174
       By Senator Bean
       4-01285A-19                                           20191174__
    1                        A bill to be entitled                      
    2         An act relating to custody of minor children by
    3         extended family; amending s. 751.01, F.S.; revising
    4         the purposes of ch. 751, F.S.; amending s. 751.03,
    5         F.S.; providing that a petition for concurrent custody
    6         may include certain requests; amending s. 751.05,
    7         F.S.; authorizing a court to establish conditions for
    8         a parent to obtain custody in an order granting
    9         temporary custody under certain circumstances;
   10         requiring the court to establish any conditions for
   11         the transition of custody of the child to the parent
   12         which are in the child’s best interest, and to
   13         consider specified factors; providing an effective
   14         date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Subsection (4) is added to section 751.01,
   19  Florida Statutes, to read:
   20         751.01 Purpose of act.—The purposes of this chapter are to:
   21         (4) Protect the welfare of minor children by providing for
   22  transitions of custody that consider each child’s developmental
   23  stage and psychological needs.
   24         Section 2. Subsection (8) of section 751.03, Florida
   25  Statutes, is amended to read:
   26         751.03 Petition for temporary or concurrent custody;
   27  contents.—Each petition for temporary or concurrent custody of a
   28  minor child must be verified by the petitioner, who must be an
   29  extended family member, and must contain statements, to the best
   30  of the petitioner’s knowledge and belief, providing:
   31         (8) If concurrent custody is being requested:
   32         (a) The time periods during the last 12 months that the
   33  child resided with the petitioner;
   34         (b) The type of document, if any, provided by the parent or
   35  parents to enable the petitioner to act on behalf of the child;
   36         (c) The services or actions that the petitioner is unable
   37  to obtain or undertake without an order of custody; and
   38         (d) Whether each parent has consented in writing to the
   39  entry of an order of concurrent custody; and
   40         (e) Any other request related to the protection of the
   41  welfare of the child, including provisions for transitioning
   42  custody or a plan for visitation.
   44  A copy of the written consent and any documents provided by the
   45  parent to assist the petitioner in obtaining services must be
   46  attached to the petition.
   47         Section 3. Paragraph (b) of subsection (4) and subsection
   48  (6) of section 751.05, Florida Statutes, are amended to read:
   49         751.05 Order granting temporary or concurrent custody.—
   50         (4) The order granting:
   51         (b) Temporary custody of the minor child to the petitioner
   52  may also grant visitation rights to the child’s parent or
   53  parents, if it is in the best interest of the child. If the
   54  order of temporary custody is entered after a determination of
   55  parental unfitness or because the parents could not be located
   56  after notice was provided, the court may establish conditions
   57  that must be met demonstrating the fitness of the parent to care
   58  for the child before he or she may obtain custody.
   59         (6) At any time, either or both of the child’s parents may
   60  petition the court to modify or terminate the order granting
   61  temporary custody.
   62         (a) The court shall terminate the order upon a finding that
   63  the parent is a fit parent, or by consent of the parties.
   64         (b) The court may modify an order granting temporary
   65  custody if the parties consent or if modification is in the best
   66  interest of the child.
   67         (c) The court shall establish any conditions for the
   68  transition of the child to the parents’ custody which are in the
   69  best interest of the child, considering the length of time the
   70  child lived with the extended family member, the child’s
   71  developmental stage and psychological needs, the need for a
   72  gradual transition from one setting to another, and visitation
   73  with the extended family member.
   74         Section 4. This act shall take effect July 1, 2019.