Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 604 Ì162920}Î162920 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (1) of section 39.01, Florida 6 Statutes, is amended to read: 7 39.01 Definitions.—When used in this chapter, unless the 8 context otherwise requires: 9 (1) “Abandoned” or “abandonment” means a situation in which 10 the parent or legal custodian of a child or, in the absence of a 11 parent or legal custodian, the caregiver, while being able, has 12 made no significant contribution to the child’s care and 13 maintenance or has failed to establish or maintain a substantial 14 and positive relationship with the child, or both. For purposes 15 of this subsection, “establish or maintain a substantial and 16 positive relationship” includes, but is not limited to, frequent 17 and regular contact with the child through frequent and regular 18 visitation or frequent and regular communication to or with the 19 child, and the exercise of parental rights and responsibilities. 20 Marginal efforts and incidental or token visits or 21 communications are not sufficient to establish or maintain a 22 substantial and positive relationship with a child. A man’s 23 acknowledgment of paternity of the child does not limit the 24 period of time considered in determining whether the child was 25 abandoned. The term does not include a surrendered newborn 26 infant as described in s. 383.50, a “child in need of services” 27 as defined in chapter 984, or a “family in need of services” as 28 defined in chapter 984. The absence of a parent, legal 29 custodian, or caregiver responsible for a child’s welfare, who 30 is a servicemember, by reason of deployment or anticipated 31 deployment as defined in 50 U.S.C. s. 3938(e), may not be 32 considered or used as a factor in determining abandonment. The 33 incarceration, repeated incarceration, or extended incarceration 34 of a parent, legal custodian, or caregiver responsible for a 35 child’s welfare may support a finding of abandonment. 36 Section 2. Subsection (1) of section 39.0137, Florida 37 Statutes, is amended, and subsection (3) is added to that 38 section, to read: 39 39.0137 Federal law; rulemaking authority.— 40 (1) This chapter does not supersede the requirements of the 41 Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq.,
orthe 42 Multi-Ethnic Placement Act of 1994, Pub. L. No. 103-382, as 43 amended, the Servicemembers Civil Relief Act, 50 U.S.C. ss. 3901 44 et seq., or the implementing regulations for such acts. 45 (3) The department shall ensure that the Servicemembers 46 Civil Relief Act is observed in cases where a parent, legal 47 custodian, or caregiver responsible for a child’s welfare, by 48 virtue of his or her service, is unable to take custody of his 49 or her child or appear before the court in person. 50 Section 3. This act shall take effect July 1, 2020. 51 52 ================= T I T L E A M E N D M E N T ================ 53 And the title is amended as follows: 54 Delete everything before the enacting clause 55 and insert: 56 A bill to be entitled 57 An act relating to the Servicemembers Civil Relief 58 Act; amending s. 39.01, F.S.; revising the definition 59 of the terms “abandoned” or “abandonment”; amending s. 60 39.0137, F.S.; providing that certain state laws 61 relating to children do not supersede the 62 Servicemembers Civil Relief Act; requiring the 63 Department of Children and Families to ensure that the 64 act is observed in certain cases; providing an 65 effective date.