Florida Senate - 2019                             CS for SB 1174
       By the Committee on Judiciary; and Senator Bean
       590-03206-19                                          20191174c1
    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.; providing requirements for orders granting
    8         concurrent or temporary custody; requiring the court
    9         to establish any conditions for the transition of
   10         custody of the child to the parent which are in the
   11         child’s best interest under certain circumstances;
   12         requiring the court to consider specified factors;
   13         authorizing the court to require parties to comply
   14         with conditions agreed to be the parties in the order
   15         granting concurrent custody or demonstrate that
   16         failure to comply does not endanger the welfare of the
   17         child; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (4) is added to section 751.01,
   22  Florida Statutes, to read:
   23         751.01 Purpose of act.—The purposes of this chapter are to:
   24         (4) Protect the welfare of minor children by providing for
   25  transitions of custody that consider each child’s developmental
   26  stage and psychological needs.
   27         Section 2. Subsection (8) of section 751.03, Florida
   28  Statutes, is amended to read:
   29         751.03 Petition for temporary or concurrent custody;
   30  contents.—Each petition for temporary or concurrent custody of a
   31  minor child must be verified by the petitioner, who must be an
   32  extended family member, and must contain statements, to the best
   33  of the petitioner’s knowledge and belief, providing:
   34         (8) If concurrent custody is being requested:
   35         (a) The time periods during the last 12 months that the
   36  child resided with the petitioner;
   37         (b) The type of document, if any, provided by the parent or
   38  parents to enable the petitioner to act on behalf of the child;
   39         (c) The services or actions that the petitioner is unable
   40  to obtain or undertake without an order of custody; and
   41         (d) Whether each parent has consented in writing to the
   42  entry of an order of concurrent custody; and
   43         (e) Any other request related to the protection of the
   44  welfare of the child, including provisions for transitioning
   45  custody or a plan for visitation.
   47  A copy of the written consent and any documents provided by the
   48  parent to assist the petitioner in obtaining services must be
   49  attached to the petition.
   50         Section 3. Subsections (4), (6), and (7) of section 751.05,
   51  Florida Statutes, are amended to read:
   52         751.05 Order granting temporary or concurrent custody.—
   53         (4) The order granting:
   54         (a) Concurrent custody of the minor child may not eliminate
   55  or diminish the custodial rights of the child’s parent or
   56  parents, except that the court may approve and enforce any
   57  conditions agreed to by the parties as part of the court order.
   58  The order must expressly state that the grant of custody does
   59  not affect the ability of the child’s parent or parents to
   60  obtain physical custody of the child at any time, unless the
   61  parent or parents agreed to such a condition and it was included
   62  in the order.
   63         (b) Temporary custody of the minor child to the petitioner
   64  may establish conditions to demonstrate the parent’s fitness
   65  before the child may be returned to the physical custody of the
   66  parent and may also grant visitation rights to the child’s
   67  parent or parents, if it is in the best interest of the child.
   68         (6) At any time, either or both of the child’s parents may
   69  petition the court to modify or terminate the order granting
   70  temporary custody.
   71         (a) The court shall terminate the order upon a finding that
   72  the parent is a fit parent, or by consent of the parties. If the
   73  child has been in the temporary custody of an extended family
   74  member for 6 months or longer, the court shall establish any
   75  conditions for the transition of the child to the parents’
   76  custody which are in the best interest of the child, considering
   77  the length of time the child lived with the extended family
   78  member, the child’s developmental stage and psychological needs,
   79  the need for a gradual transition from one setting to another,
   80  and visitation with the extended family member.
   81         (b) The court may modify an order granting temporary
   82  custody if the parties consent or if modification is in the best
   83  interest of the child.
   84         (7) At any time, the petitioner or either or both of the
   85  child’s parents may move the court to terminate the order
   86  granting concurrent custody.
   87         (a) The court shall terminate the order upon a finding that
   88  either or both of the child’s parents object to the order,
   89  except that if the order granting concurrent custody contains
   90  conditions agreed to by the parties, the court may require the
   91  parties to comply with such conditions or demonstrate that the
   92  failure to comply does not endanger the welfare of the child
   93  before allowing the parents to regain physical custody.
   94         (b) The fact that an order for concurrent custody has been
   95  terminated does not preclude any person who is otherwise
   96  eligible to petition for temporary custody from filing such
   97  petition.
   98         Section 4. This act shall take effect July 1, 2019.