CS for CS for SB 1796                            First Engrossed
       
       
       
       
       
       
       
       
       20221796e1
       
    1                        A bill to be entitled                      
    2         An act relating to dissolution of marriage; amending
    3         s. 61.046, F.S.; defining the term “active gross
    4         income”; revising the definition of the term “income”;
    5         amending s. 61.08, F.S.; defining terms; requiring the
    6         court to make certain written findings in its awards
    7         of alimony; limiting the court’s ability to award a
    8         combination of forms of alimony to only certain
    9         circumstances; removing the court’s ability to
   10         consider adultery of either spouse in determining the
   11         amount of an alimony award; requiring the court to
   12         make certain findings in writing; revising factors
   13         that the court must consider in determining the proper
   14         type and amount of alimony; removing the court’s
   15         ability to order an obligor to purchase or maintain a
   16         life insurance policy or other instrument to secure an
   17         alimony award; authorizing a party to whom the court
   18         has awarded alimony to purchase or maintain a life
   19         insurance policy on the obligor’s life to protect an
   20         award of alimony; requiring the obligor to cooperate
   21         in the process of procuring the life insurance policy;
   22         repealing certain rebuttable presumptions related to
   23         the duration of a marriage for purposes of determining
   24         alimony; prohibiting the length of an award of
   25         rehabilitative alimony from exceeding a specified
   26         timeframe; revising a provision authorizing the
   27         modification of rehabilitative alimony upon completion
   28         of the rehabilitative plan to include a certain
   29         condition; revising provisions related to durational
   30         alimony; prohibiting the length of an award of
   31         durational alimony from exceeding specified
   32         timeframes; authorizing the court to extend durational
   33         alimony under certain circumstances; specifying what
   34         constitutes the length of a marriage for the purpose
   35         of determining durational alimony; requiring the court
   36         to make certain written findings when awarding
   37         durational alimony; providing a formula for the
   38         calculation of durational alimony; requiring the court
   39         to reduce the length of an award of durational alimony
   40         based on certain payments made by the obligor;
   41         requiring the court to consider specified factors when
   42         determining an alimony award involving the existence
   43         of a supportive relationship between the obligee and
   44         another person; providing for the burden of proof in
   45         such determinations; requiring the court to make
   46         certain written findings in such determinations;
   47         providing for the termination of a durational alimony
   48         award upon retirement of the obligor under certain
   49         circumstances; providing an exception; providing that
   50         a party who has reached retirement age before
   51         adjudication of a petition for dissolution of marriage
   52         may not be ordered to pay alimony; providing
   53         exceptions; establishing that alimony may not be
   54         awarded to a party who has a certain monthly net
   55         income; prohibiting social security retirement
   56         benefits from being imputed to the obligor, with an
   57         exception; requiring an obligee to meet certain
   58         requirements if he or she alleges that a physical
   59         disability has impaired his or her ability to earn
   60         income; removing the court’s ability to grant
   61         permanent alimony; providing applicability; amending
   62         s. 61.13, F.S.; creating a presumption that equal
   63         time-sharing is in the best interest of the child,
   64         with exceptions; creating a presumption for purposes
   65         of modifying a parenting plan or time-sharing
   66         schedule; amending s. 61.14, F.S.; authorizing the
   67         court to order an obligee to reimburse alimony
   68         payments to the obligor under certain circumstances;
   69         specifying a timeframe for the court to consider a
   70         supportive relationship between the obligee and
   71         another person for purposes of reducing or terminating
   72         an award of alimony or ordering reimbursement of
   73         alimony payments; providing for the burden of proof in
   74         such determinations; revising factors the court may
   75         consider when determining whether a supportive
   76         relationship exists or existed between the obligee and
   77         another person; requiring the court to make its
   78         findings related to such factors in writing; providing
   79         that an obligor’s subsequent remarriage or
   80         cohabitation is not a basis for modification of
   81         alimony; authorizing an obligor to file a notice of
   82         retirement and intent to terminate alimony within a
   83         specified timeframe before such retirement; providing
   84         notice and response requirements; requiring the court
   85         to make written findings regarding specified factors
   86         when deciding whether to reduce the amount or duration
   87         of alimony; providing for the reduction and
   88         termination of alimony within specified timeframes
   89         under certain circumstances; authorizing the court to
   90         extend durational alimony beyond an obligor’s full
   91         retirement age or reasonable retirement age for his or
   92         her profession or line of work under certain
   93         circumstances, notwithstanding its other findings;
   94         authorizing the court to terminate an alimony
   95         obligation if the obligor retires at a reasonable age
   96         for his or her profession or line of work or is past
   97         his or her full retirement age; requiring the court to
   98         consider certain factors in determining whether the
   99         obligor’s retirement is reasonable; authorizing an
  100         obligor to prospectively file a petition for
  101         modification or termination of alimony, effective upon
  102         his or her retirement; requiring a court to modify or
  103         terminate an alimony award upon retirement of the
  104         obligor, with an exception; providing that certain
  105         benefits of the obligee constitute a change in
  106         circumstances for which an obligor may seek
  107         modification of an alimony award; providing that
  108         certain agreements on alimony payments are considered
  109         expressly modifiable or eligible for termination under
  110         certain circumstances; amending s. 61.19, F.S.;
  111         requiring the court to grant, upon request of either
  112         party, a final judgment of dissolution of marriage and
  113         reserve jurisdiction to adjudicate other substantive
  114         issues, under certain circumstances; requiring the
  115         court to enter temporary orders necessary to protect
  116         the parties and their children, if any; providing that
  117         such temporary orders are effective until all other
  118         issues are adjudicated by the court; providing
  119         applicability; providing an effective date.
  120          
  121  Be It Enacted by the Legislature of the State of Florida:
  122  
  123         Section 1. Present subsections (1) through (23) of section
  124  61.046, Florida Statutes, are redesignated as subsections (2)
  125  through (24), respectively, a new subsection (1) is added to
  126  that section, and present subsection (8) of that section is
  127  amended, to read:
  128         61.046 Definitions.—As used in this chapter, the term:
  129         (1)“Active gross income” means salary, wages, bonuses,
  130  commissions, allowances, overtime, tips, and other similar
  131  payments and business income from self-employment, partnership,
  132  close corporations, independent contracts, and other similar
  133  sources. For purposes of this definition, “business income”
  134  means gross receipts minus ordinary and necessary expenses
  135  required to produce income and requires that such business
  136  income be derived in a way that meets any of the material
  137  participation tests outlined in the Internal Revenue Service’s
  138  Publication 925 (2020), Passive Activity and At-Risk Rules.
  139         (9)(8) “Income” means any form of payment to an individual,
  140  regardless of source, including, but not limited to,: wages,
  141  salary, commissions and bonuses, compensation as an independent
  142  contractor, worker’s compensation, disability benefits, annuity
  143  and retirement benefits, pensions, dividends, interest,
  144  royalties, trust distributions trusts, and any other payments,
  145  made by any person, private entity, federal or state government,
  146  or any unit of local government. United States Department of
  147  Veterans Affairs disability benefits and reemployment assistance
  148  or unemployment compensation, as defined in chapter 443, are
  149  excluded from this definition of income except for purposes of
  150  establishing an amount of support.
  151         Section 2. Section 61.08, Florida Statutes, is amended to
  152  read:
  153         61.08 Alimony.—
  154         (1) As used in this section, the term:
  155         (a)“Alimony” means a court-ordered or voluntary payment of
  156  support by one spouse to the other spouse. The term includes any
  157  voluntary payment made after the date of filing an order for
  158  maintenance, spousal support, temporary support, or separate
  159  support when the payment is not intended for the benefit of a
  160  child in common.
  161         (b)“Gross income” means gross income as determined in
  162  accordance with s. 61.30(2).
  163         (c)“Net income” means income that is determined by
  164  subtracting allowable deductions from gross income. For purposes
  165  of this section, allowable deductions include any of the
  166  following:
  167         1.Federal, state, or local income tax deductions, adjusted
  168  for actual filing status and allowable dependents, and income
  169  tax liabilities.
  170         2.Federal insurance contributions or self-employment tax.
  171         3.Mandatory union dues.
  172         4.Mandatory retirement payments.
  173         5.Health insurance payments, excluding payments for
  174  coverage of a minor child.
  175         6.Court-ordered support for other children which is
  176  actually paid.
  177         7.Spousal support paid pursuant to a court order from a
  178  previous marriage.
  179         (2)(a) In a proceeding for dissolution of marriage, the
  180  court may grant alimony to either party in the form of, which
  181  alimony may be bridge-the-gap, rehabilitative, or durational
  182  alimony, or a permanent in nature or any combination of these
  183  forms of alimony. In an any award of alimony, the court may
  184  order periodic payments, or payments in lump sum, or both.
  185         (b)The court shall make written findings regarding the
  186  basis for awarding a combination of forms of alimony, including
  187  the type of alimony and the length of time for which the alimony
  188  is awarded. The court may award a combination of forms of
  189  alimony only to provide greater economic assistance in order to
  190  allow the recipient to achieve rehabilitation.
  191         (c)The court may consider the adultery of either spouse
  192  and the circumstances thereof in determining the amount of
  193  alimony, if any, to be awarded. In all dissolution actions, the
  194  court shall include written findings of fact relative to the
  195  factors provided enumerated in subsection (3) (2) supporting the
  196  an award or denial of alimony.
  197         (3)(2) In determining whether to award alimony or
  198  maintenance, the court shall first make a specific, written
  199  factual determination as to whether the either party seeking
  200  alimony or maintenance has an actual need for it alimony or
  201  maintenance and whether the other either party has the ability
  202  to pay alimony or maintenance. If the court finds that the a
  203  party seeking alimony or maintenance has a need for it alimony
  204  or maintenance and that the other party has the ability to pay
  205  alimony or maintenance, then in determining the proper type and
  206  amount of alimony or maintenance under subsections (5)-(9) (5)
  207  (8), the court must shall consider all relevant factors,
  208  including, but not limited to:
  209         (a) The standard of living established during the marriage,
  210  including the needs and necessities of life for each party after
  211  the dissolution of marriage, taking into consideration the
  212  presumption that both parties will have a lower standard of
  213  living after the dissolution of marriage than their standard of
  214  living during the marriage. This presumption may be overcome by
  215  a preponderance of the evidence.
  216         (b) The duration of the marriage.
  217         (c) The age and the physical and emotional condition of
  218  each party.
  219         (d) The financial resources of each party, including the
  220  nonmarital and the marital assets and liabilities distributed to
  221  each.
  222         (e) The earning capacities, educational levels, vocational
  223  skills, and employability of the parties and, when applicable,
  224  the time necessary for either party to acquire sufficient
  225  education or training to enable such party to find appropriate
  226  employment.
  227         (f) The contribution of each party to the marriage,
  228  including, but not limited to, services rendered in homemaking,
  229  child care, education, and career building of either the other
  230  party.
  231         (g) The responsibilities each party will have with regard
  232  to any minor children whom the parties they have in common.
  233         (h) The tax treatment and consequences to both parties of
  234  an any alimony award, including the designation of all or a
  235  portion of the payment as a nontaxable, nondeductible payment.
  236         (i) All sources of income available to either party,
  237  including income available to either party through investments
  238  of any asset held by that party.
  239         (j) Any other factor necessary for to do equity and justice
  240  between the parties, if such factor is specifically identified
  241  in the award with findings of fact justifying the application of
  242  such factor.
  243         (4)(3) To the extent necessary to protect an award of
  244  alimony, the obligee may court may order any party who is
  245  ordered to pay alimony to purchase or maintain a life insurance
  246  policy on the obligor’s life in an amount adequate to or a bond,
  247  or to otherwise secure such alimony award. If the obligee
  248  purchases a life insurance policy, the obligor must cooperate in
  249  the process of procuring the issuance and underwriting of the
  250  life insurance policy with any other assets which may be
  251  suitable for that purpose.
  252         (4) For purposes of determining alimony, there is a
  253  rebuttable presumption that a short-term marriage is a marriage
  254  having a duration of less than 7 years, a moderate-term marriage
  255  is a marriage having a duration of greater than 7 years but less
  256  than 17 years, and long-term marriage is a marriage having a
  257  duration of 17 years or greater. The length of a marriage is the
  258  period of time from the date of marriage until the date of
  259  filing of an action for dissolution of marriage.
  260         (5) Bridge-the-gap alimony may be awarded to assist a party
  261  by providing support to allow the party to make a transition
  262  from being married to being single. Bridge-the-gap alimony is
  263  designed to assist a party with legitimate identifiable short
  264  term needs, and the length of an award of bridge-the-gap alimony
  265  may not exceed 2 years. An award of bridge-the-gap alimony
  266  terminates upon the death of either party or upon the remarriage
  267  of the party receiving alimony. An award of bridge-the-gap
  268  alimony is shall not be modifiable in amount or duration.
  269         (6)(a) Rehabilitative alimony may be awarded to assist a
  270  party in establishing the capacity for self-support through
  271  either:
  272         1. The redevelopment of previous skills or credentials; or
  273         2. The acquisition of education, training, or work
  274  experience necessary to develop appropriate employment skills or
  275  credentials.
  276         (b) In order to award rehabilitative alimony, there must be
  277  a specific and defined rehabilitative plan which shall be
  278  included as a part of any order awarding rehabilitative alimony.
  279         (c) The length of an award of rehabilitative alimony may
  280  not exceed 5 years.
  281         (d) An award of rehabilitative alimony may be modified or
  282  terminated in accordance with s. 61.14 based upon a substantial
  283  change in circumstances, upon noncompliance with the
  284  rehabilitative plan, or upon completion of the rehabilitative
  285  plan if the plan is completed before the length of the award of
  286  rehabilitative alimony expires.
  287         (7)(a) Durational alimony may be awarded when permanent
  288  periodic alimony is inappropriate. The purpose of durational
  289  alimony is to provide a party with economic assistance for a set
  290  period of time following a marriage of short or moderate
  291  duration or following a marriage of long duration if there is no
  292  ongoing need for support on a permanent basis. An award of
  293  durational alimony terminates upon the death of either party or
  294  upon the remarriage of the party receiving alimony. The amount
  295  of an award of durational alimony may be modified or terminated
  296  based upon a substantial change in circumstances in accordance
  297  with s. 61.14. Durational alimony may not be awarded following a
  298  marriage lasting fewer than 3 years. However, The length of an
  299  award of durational alimony may not be modified except under
  300  exceptional circumstances and may not exceed 50 percent of the
  301  length of a the marriage lasting between 3 and 10 years, 60
  302  percent of the length of a marriage lasting between 10 and 20
  303  years, or 75 percent of the length of a marriage lasting 20
  304  years or longer. However, if the party seeking alimony is either
  305  permanently mentally or physically disabled and unable to
  306  provide for his or her own support, either partially or fully,
  307  or is the full-time in-home caregiver to a fully and permanently
  308  mentally or physically disabled child who is common to the
  309  parties, the court may extend durational alimony beyond the
  310  thresholds established in this subsection based on the duration
  311  of the marriage until the death of the child or until the court
  312  determines that there is no longer a need for durational
  313  alimony. For purposes of this subsection, the length of a
  314  marriage is the period of time beginning on the date of marriage
  315  and ending on the date an action for dissolution of marriage is
  316  filed. When awarding durational alimony, the court must make
  317  written findings that an award of another type of alimony, or a
  318  combination of the other forms of alimony, is insufficient.
  319         (b) The amount of durational alimony is the amount
  320  determined to be the obligee’s reasonable need or an amount not
  321  to exceed 35 percent of the difference between the parties’ net
  322  incomes, whichever amount is less.
  323         (c) In determining the length of an award of durational
  324  alimony, the court shall reduce the length of an award of
  325  durational alimony for the length of time during which the
  326  obligor made temporary support payments to the obligee, either
  327  voluntarily or pursuant to a court order, after the date of
  328  filing of a petition for dissolution of marriage.
  329         (d) In determining the extent to which alimony should be
  330  granted because a supportive relationship exists or has existed
  331  between the party seeking alimony and another person who is not
  332  related by consanguinity or affinity at any time since 180 days
  333  before the filing of the petition of dissolution of marriage,
  334  the court shall consider all relevant factors presented
  335  concerning the nature and extent of the supportive relationship
  336  in question. The burden is on the obligor to prove by a
  337  preponderance of the evidence that a supportive relationship
  338  exists. If a supportive relationship is proven to exist, the
  339  burden shifts to the obligee to disprove by a preponderance of
  340  the evidence that the court should deny or reduce the initial
  341  award of alimony. The court must make written findings of fact
  342  concerning the circumstances of the supportive relationship,
  343  including, but not limited to, the factors set forth in s.
  344  61.14(1)(b)2.
  345         (e) In the event that the obligor reaches full retirement
  346  age as determined by the Social Security Administration before
  347  the end of the durational period indicated by paragraph (a), and
  348  has reached at least 65 years of age, the durational alimony
  349  shall end on such retirement date if all of the following
  350  conditions are met:
  351         1. The obligor files a notice of retirement and intent to
  352  terminate alimony with the court and personally serves the
  353  alimony recipient and his or her last known attorney of record,
  354  if such attorney is still practicing in the same county, at
  355  least 1 year before the date that the obligor’s retirement is
  356  intended to become effective.
  357         2. The obligee has not contested the notice of retirement
  358  and intent to terminate alimony according to the factors
  359  specified in s. 61.14(12)(b) or the court has determined that
  360  such factors do not apply. If the court makes any of the
  361  findings specified in s. 61.14(12)(b), the court must consider
  362  and make written findings regarding the factors listed in s.
  363  61.14(12)(c) to determine whether to extend the length of the
  364  alimony award as set forth in s. 61.08(7)(a).
  365  
  366  However, if the obligor continues to work beyond his or her
  367  retirement age as provided under this paragraph and earns active
  368  gross income of more than 50 percent of the obligor’s average
  369  preretirement annual active gross income for the 3 years
  370  preceding his or her retirement age, the court may extend
  371  alimony until the durational limitations established in this
  372  subsection have been satisfied or the obligor retires and
  373  reduces his or her active gross income below the 50 percent
  374  threshold established in this paragraph.
  375         (8)(a) A party against whom alimony is sought who has
  376  attained his or her full retirement age as determined by the
  377  Social Security Administration before the adjudication of the
  378  petition for dissolution of marriage may not be ordered to pay
  379  bridge-the-gap, rehabilitative, or durational alimony, unless
  380  the court determines that:
  381         1. As a result of the dissolution of marriage, the party
  382  seeking alimony would have an income of less than 130 percent of
  383  the federal poverty guidelines for a one-person household, as
  384  published by the United States Department of Health and Human
  385  Services, based on the income and investable assets available
  386  after the dissolution is final, including any retirement assets
  387  from which the obligee can access income without incurring early
  388  withdrawal penalties;
  389         2. The party seeking alimony would be left with the
  390  inability to meet his or her basic needs and necessities of
  391  life, including, but not limited to, housing, utilities, food,
  392  and transportation; or
  393         3. The party seeking alimony is the full-time in-home
  394  caregiver to a fully and permanently mentally or physically
  395  disabled child who is common to the parties, or the party is
  396  permanently and mentally or physically disabled and unable to
  397  provide for his or her own support, either partially or fully.
  398         (b) However, if the obligor continues to work beyond his or
  399  her retirement age as provided under this subsection and earns
  400  active gross income of more than 50 percent of the obligor’s
  401  average preretirement annual active gross income for the 3 years
  402  preceding his or her retirement age, the court may award
  403  durational alimony until the durational limitations established
  404  in subsection (7) have been satisfied or the obligor retires and
  405  reduces his or her active gross income below the 50 percent
  406  threshold established in this paragraph.
  407         (9) Notwithstanding any other law, alimony may not be
  408  awarded to a party who has a monthly net income that is equal to
  409  or more than the other party’s monthly net income.
  410         (10) Social security retirement benefits may not be imputed
  411  to the obligor as demonstrated by a social security retirement
  412  benefits entitlement letter unless those benefits are actually
  413  being paid.
  414         (11) If the obligee alleges that a physical disability has
  415  impaired his or her capability to earn income, the obligee must
  416  have qualified for benefits under the Social Security
  417  Administration Disability Insurance Program or, in the event the
  418  obligee is not eligible for the program, must demonstrate that
  419  his or her disability meets the disability qualification
  420  standards of the Social Security Administration Disability
  421  Insurance Program.
  422         (8) Permanent alimony may be awarded to provide for the
  423  needs and necessities of life as they were established during
  424  the marriage of the parties for a party who lacks the financial
  425  ability to meet his or her needs and necessities of life
  426  following a dissolution of marriage. Permanent alimony may be
  427  awarded following a marriage of long duration if such an award
  428  is appropriate upon consideration of the factors set forth in
  429  subsection (2), following a marriage of moderate duration if
  430  such an award is appropriate based upon clear and convincing
  431  evidence after consideration of the factors set forth in
  432  subsection (2), or following a marriage of short duration if
  433  there are written findings of exceptional circumstances. In
  434  awarding permanent alimony, the court shall include a finding
  435  that no other form of alimony is fair and reasonable under the
  436  circumstances of the parties. An award of permanent alimony
  437  terminates upon the death of either party or upon the remarriage
  438  of the party receiving alimony. An award may be modified or
  439  terminated based upon a substantial change in circumstances or
  440  upon the existence of a supportive relationship in accordance
  441  with s. 61.14.
  442         (9) The award of alimony may not leave the payor with
  443  significantly less net income than the net income of the
  444  recipient unless there are written findings of exceptional
  445  circumstances.
  446         (12)(a)(10)(a) With respect to any order requiring the
  447  payment of alimony entered on or after January 1, 1985, unless
  448  the provisions of paragraph (c) or paragraph (d) applies apply,
  449  the court shall direct in the order that the payments of alimony
  450  be made through the appropriate depository as provided in s.
  451  61.181.
  452         (b) With respect to any order requiring the payment of
  453  alimony entered before January 1, 1985, upon the subsequent
  454  appearance, on or after that date, of one or both parties before
  455  the court having jurisdiction for the purpose of modifying or
  456  enforcing the order or in any other proceeding related to the
  457  order, or upon the application of either party, unless the
  458  provisions of paragraph (c) or paragraph (d) applies apply, the
  459  court shall modify the terms of the order as necessary to direct
  460  that payments of alimony be made through the appropriate
  461  depository as provided in s. 61.181.
  462         (c) If there is no minor child, alimony payments need not
  463  be directed through the depository.
  464         (d)1. If there is a minor child of the parties and both
  465  parties so request, the court may order that alimony payments
  466  need not be directed through the depository. In this case, the
  467  order of support must shall provide, or be deemed to provide,
  468  that either party may subsequently apply to the depository to
  469  require that payments be made through the depository. The court
  470  shall provide a copy of the order to the depository.
  471         2. If the provisions of subparagraph 1. applies apply,
  472  either party may subsequently file with the depository an
  473  affidavit alleging default or arrearages in payment and stating
  474  that the party wishes to initiate participation in the
  475  depository program. The party shall provide copies of the
  476  affidavit to the court and the other party or parties. Fifteen
  477  days after receipt of the affidavit, the depository shall notify
  478  all parties that future payments shall be directed to the
  479  depository.
  480         3. In IV-D cases, the IV-D agency has shall have the same
  481  rights as the obligee in requesting that payments be made
  482  through the depository.
  483         (13) The court shall apply this section to all petitions
  484  for dissolution of marriage which have not been adjudicated
  485  before July 1, 2022, and to any petitions for dissolution of
  486  marriage filed on or after July 1, 2022.
  487         Section 3. Paragraph (c) of subsection (2) and subsection
  488  (3) of section 61.13, Florida Statutes, are amended to read:
  489         61.13 Support of children; parenting and time-sharing;
  490  powers of court.—
  491         (2)
  492         (c) The court shall determine all matters relating to
  493  parenting and time-sharing of each minor child of the parties in
  494  accordance with the best interests of the child and in
  495  accordance with the Uniform Child Custody Jurisdiction and
  496  Enforcement Act, except that modification of a parenting plan
  497  and time-sharing schedule requires a showing of a substantial,
  498  material, and unanticipated change of circumstances.
  499         1. It is the public policy of this state that each minor
  500  child has frequent and continuing contact with both parents
  501  after the parents separate or the marriage of the parties is
  502  dissolved and to encourage parents to share the rights and
  503  responsibilities, and joys, of childrearing. Unless otherwise
  504  provided in this section or agreed to by the parties, there is a
  505  presumption that equal time-sharing of a minor child is in the
  506  best interests of the minor child who is common to the parties
  507  Except as otherwise provided in this paragraph, there is no
  508  presumption for or against the father or mother of the child or
  509  for or against any specific time-sharing schedule when creating
  510  or modifying the parenting plan of the child.
  511         2. The court shall order that the parental responsibility
  512  for a minor child be shared by both parents unless the court
  513  finds that shared parental responsibility would be detrimental
  514  to the child. The following evidence creates a rebuttable
  515  presumption of detriment to the child:
  516         a. A parent has been convicted of a misdemeanor of the
  517  first degree or higher involving domestic violence, as defined
  518  in s. 741.28 and chapter 775;
  519         b. A parent meets the criteria of s. 39.806(1)(d); or
  520         c. A parent has been convicted of or had adjudication
  521  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
  522  at the time of the offense:
  523         (I) The parent was 18 years of age or older.
  524         (II) The victim was under 18 years of age or the parent
  525  believed the victim to be under 18 years of age.
  526  
  527  If the presumption is not rebutted after the convicted parent is
  528  advised by the court that the presumption exists, shared
  529  parental responsibility, including time-sharing with the child,
  530  and decisions made regarding the child, may not be granted to
  531  the convicted parent. However, the convicted parent is not
  532  relieved of any obligation to provide financial support. If the
  533  court determines that shared parental responsibility would be
  534  detrimental to the child, it may order sole parental
  535  responsibility and make such arrangements for time-sharing as
  536  specified in the parenting plan as will best protect the child
  537  or abused spouse from further harm. Whether or not there is a
  538  conviction of any offense of domestic violence or child abuse or
  539  the existence of an injunction for protection against domestic
  540  violence, the court shall consider evidence of domestic violence
  541  or child abuse as evidence of detriment to the child.
  542         3. In ordering shared parental responsibility, the court
  543  may consider the expressed desires of the parents and may grant
  544  to one party the ultimate responsibility over specific aspects
  545  of the child’s welfare or may divide those responsibilities
  546  between the parties based on the best interests of the child.
  547  Areas of responsibility may include education, health care, and
  548  any other responsibilities that the court finds unique to a
  549  particular family.
  550         4. The court shall order sole parental responsibility for a
  551  minor child to one parent, with or without time-sharing with the
  552  other parent if it is in the best interests of the minor child.
  553         5. There is a rebuttable presumption against granting time
  554  sharing with a minor child if a parent has been convicted of or
  555  had adjudication withheld for an offense enumerated in s.
  556  943.0435(1)(h)1.a., and at the time of the offense:
  557         a. The parent was 18 years of age or older.
  558         b. The victim was under 18 years of age or the parent
  559  believed the victim to be under 18 years of age.
  560  
  561  A parent may rebut the presumption upon a specific finding in
  562  writing by the court that the parent poses no significant risk
  563  of harm to the child and that time-sharing is in the best
  564  interests of the minor child. If the presumption is rebutted,
  565  the court shall consider all time-sharing factors in subsection
  566  (3) when developing a time-sharing schedule.
  567         6. Access to records and information pertaining to a minor
  568  child, including, but not limited to, medical, dental, and
  569  school records, may not be denied to either parent. Full rights
  570  under this subparagraph apply to either parent unless a court
  571  order specifically revokes these rights, including any
  572  restrictions on these rights as provided in a domestic violence
  573  injunction. A parent having rights under this subparagraph has
  574  the same rights upon request as to form, substance, and manner
  575  of access as are available to the other parent of a child,
  576  including, without limitation, the right to in-person
  577  communication with medical, dental, and education providers.
  578         (3) For purposes of establishing or modifying parental
  579  responsibility and creating, developing, approving, or modifying
  580  a parenting plan, including a time-sharing schedule, which
  581  governs each parent’s relationship with his or her minor child
  582  and the relationship between each parent with regard to his or
  583  her minor child, the best interest of the child shall be the
  584  primary consideration. A determination of parental
  585  responsibility, a parenting plan, or a time-sharing schedule may
  586  not be modified without a showing of a substantial, material,
  587  and unanticipated change in circumstances and a determination
  588  that the modification is in the best interests of the child. For
  589  purposes of the modification of a parenting plan and time
  590  sharing schedule, a parent’s permanent relocation from a
  591  residence more than 50 miles from the primary residence of the
  592  child to a residence within 50 miles of the primary residence of
  593  the child is presumed to be a substantial, material, and
  594  unanticipated change in circumstances. Determination of the best
  595  interests of the child shall be made by evaluating all of the
  596  factors affecting the welfare and interests of the particular
  597  minor child and the circumstances of that family, including, but
  598  not limited to:
  599         (a) The demonstrated capacity and disposition of each
  600  parent to facilitate and encourage a close and continuing
  601  parent-child relationship, to honor the time-sharing schedule,
  602  and to be reasonable when changes are required.
  603         (b) The anticipated division of parental responsibilities
  604  after the litigation, including the extent to which parental
  605  responsibilities will be delegated to third parties.
  606         (c) The demonstrated capacity and disposition of each
  607  parent to determine, consider, and act upon the needs of the
  608  child as opposed to the needs or desires of the parent.
  609         (d) The length of time the child has lived in a stable,
  610  satisfactory environment and the desirability of maintaining
  611  continuity.
  612         (e) The geographic viability of the parenting plan, with
  613  special attention paid to the needs of school-age children and
  614  the amount of time to be spent traveling to effectuate the
  615  parenting plan. This factor does not create a presumption for or
  616  against relocation of either parent with a child.
  617         (f) The moral fitness of the parents.
  618         (g) The mental and physical health of the parents.
  619         (h) The home, school, and community record of the child.
  620         (i) The reasonable preference of the child, if the court
  621  deems the child to be of sufficient intelligence, understanding,
  622  and experience to express a preference.
  623         (j) The demonstrated knowledge, capacity, and disposition
  624  of each parent to be informed of the circumstances of the minor
  625  child, including, but not limited to, the child’s friends,
  626  teachers, medical care providers, daily activities, and favorite
  627  things.
  628         (k) The demonstrated capacity and disposition of each
  629  parent to provide a consistent routine for the child, such as
  630  discipline, and daily schedules for homework, meals, and
  631  bedtime.
  632         (l) The demonstrated capacity of each parent to communicate
  633  with and keep the other parent informed of issues and activities
  634  regarding the minor child, and the willingness of each parent to
  635  adopt a unified front on all major issues when dealing with the
  636  child.
  637         (m) Evidence of domestic violence, sexual violence, child
  638  abuse, child abandonment, or child neglect, regardless of
  639  whether a prior or pending action relating to those issues has
  640  been brought. If the court accepts evidence of prior or pending
  641  actions regarding domestic violence, sexual violence, child
  642  abuse, child abandonment, or child neglect, the court must
  643  specifically acknowledge in writing that such evidence was
  644  considered when evaluating the best interests of the child.
  645         (n) Evidence that either parent has knowingly provided
  646  false information to the court regarding any prior or pending
  647  action regarding domestic violence, sexual violence, child
  648  abuse, child abandonment, or child neglect.
  649         (o) The particular parenting tasks customarily performed by
  650  each parent and the division of parental responsibilities before
  651  the institution of litigation and during the pending litigation,
  652  including the extent to which parenting responsibilities were
  653  undertaken by third parties.
  654         (p) The demonstrated capacity and disposition of each
  655  parent to participate and be involved in the child’s school and
  656  extracurricular activities.
  657         (q) The demonstrated capacity and disposition of each
  658  parent to maintain an environment for the child which is free
  659  from substance abuse.
  660         (r) The capacity and disposition of each parent to protect
  661  the child from the ongoing litigation as demonstrated by not
  662  discussing the litigation with the child, not sharing documents
  663  or electronic media related to the litigation with the child,
  664  and refraining from disparaging comments about the other parent
  665  to the child.
  666         (s) The developmental stages and needs of the child and the
  667  demonstrated capacity and disposition of each parent to meet the
  668  child’s developmental needs.
  669         (t) Any other factor that is relevant to the determination
  670  of a specific parenting plan, including the time-sharing
  671  schedule.
  672         Section 4. Paragraph (b) of subsection (1) of section
  673  61.14, Florida Statutes, is amended, and paragraph (c) is added
  674  to subsection (11) of that section, and subsections (12), (13),
  675  and (14) are added to that section, to read:
  676         61.14 Enforcement and modification of support, maintenance,
  677  or alimony agreements or orders.—
  678         (1)
  679         (b)1. The court may reduce or terminate an award of alimony
  680  or order reimbursement to the obligor for any amount the court
  681  determines is equitable upon specific written findings by the
  682  court that since the granting of a divorce and the award of
  683  alimony, a supportive relationship exists or has existed between
  684  the obligee and another a person at any time during the 180 days
  685  before the filing of a petition for modification of alimony with
  686  whom the obligee resides. On the issue of whether alimony should
  687  be reduced or terminated under this paragraph, the burden is on
  688  the obligor to prove by a preponderance of the evidence that a
  689  supportive relationship exists or existed. If a supportive
  690  relationship is proven to exist or have existed, the burden
  691  shifts to the obligee to disprove, by a preponderance of the
  692  evidence, that the court should terminate an existing award of
  693  alimony.
  694         2. In determining the extent to which whether an existing
  695  award of alimony should be reduced or terminated because of an
  696  alleged supportive relationship between an obligee and a person
  697  who is not related by consanguinity or affinity and with whom
  698  the obligee resides, the court must make written findings of
  699  fact concerning the nature and the extent of the supportive
  700  relationship in question and the circumstances of the supportive
  701  relationship, including, but not limited to, the following
  702  factors shall elicit the nature and extent of the relationship
  703  in question. The court shall give consideration, without
  704  limitation, to circumstances, including, but not limited to, the
  705  following, in determining the relationship of an obligee to
  706  another person:
  707         a. The extent to which the obligee and the other person
  708  have held themselves out as a married couple by engaging in
  709  conduct such as using the same last name, using a common mailing
  710  address, referring to each other in terms such as “my husband”
  711  or “my wife,” or otherwise conducting themselves in a manner
  712  that evidences a permanent supportive relationship.
  713         b. The period of time that the obligee has resided with the
  714  other person in a permanent place of abode.
  715         c. The extent to which the obligee and the other person
  716  have pooled their assets or income or otherwise exhibited
  717  financial interdependence.
  718         d. The extent to which the obligee or the other person has
  719  supported the other, in whole or in part.
  720         e. The extent to which the obligee or the other person has
  721  performed valuable services for the other.
  722         f. The extent to which the obligee or the other person has
  723  performed valuable services for the other’s company or employer.
  724         g. Whether the obligee and the other person have worked
  725  together to create or enhance anything of value.
  726         h. Whether the obligee and the other person have jointly
  727  contributed to the purchase of any real or personal property.
  728         i. Evidence in support of a claim that the obligee and the
  729  other person have an express agreement regarding property
  730  sharing or support.
  731         j. Evidence in support of a claim that the obligee and the
  732  other person have an implied agreement regarding property
  733  sharing or support.
  734         k. Whether the obligee and the other person have provided
  735  support to the children of one another, regardless of any legal
  736  duty to do so.
  737         3. This paragraph does not abrogate the requirement that
  738  every marriage in this state be solemnized under a license, does
  739  not recognize a common law marriage as valid, and does not
  740  recognize a de facto marriage. This paragraph recognizes only
  741  that relationships do exist that provide economic support
  742  equivalent to a marriage and that alimony terminable on
  743  remarriage may be reduced or terminated upon the establishment
  744  of equivalent equitable circumstances as described in this
  745  paragraph. The existence of a conjugal relationship, though it
  746  may be relevant to the nature and extent of the relationship, is
  747  not necessary for the application of the provisions of this
  748  paragraph.
  749         (11)
  750         (c)An obligor’s subsequent remarriage or cohabitation does
  751  not constitute a basis for either party to seek a modification
  752  of an alimony award.
  753         (12)(a)Up to 12 months before seeking to terminate alimony
  754  as provided under this section, an obligor may file a notice of
  755  retirement and intent to terminate alimony with the court and
  756  shall personally serve the obligee and his or her last known
  757  attorney of record, if such attorney is still practicing in the
  758  same county, with such notice.
  759         (b)The obligee shall have 20 days after the date of
  760  service of the notice to request the court to enter findings
  761  that as of the date of filing of the notice:
  762         1.The reduction or termination of alimony would result in
  763  any of the following:
  764         a.The obligee’s income would be less than 130 percent of
  765  the federal poverty guidelines for a one-person household, as
  766  published by the United States Department of Health and Human
  767  Services, based on the obligee’s income and investable assets,
  768  including any retirement assets from which the obligee can
  769  access income without incurring early withdrawal penalties.
  770         b.The obligee would be left with the inability to meet the
  771  obligee’s basic needs and necessities of life, including, but
  772  not limited to, housing, utilities, food, and transportation.
  773         c.A violation of the terms of the marital settlement
  774  agreement between the parties because the marital settlement
  775  agreement either does not allow for modification or termination
  776  of the alimony award or the proposed reduction in alimony does
  777  not comply with applicable terms for modification of alimony
  778  specified in the agreement;
  779         2.The obligee is the full-time in-home caregiver to a
  780  fully and permanently mentally or physically disabled child who
  781  is common to the parties; or
  782         3.The obligee is permanently mentally or physically
  783  disabled and unable to provide for his or her own support,
  784  either partially or fully.
  785         (c)If the court makes any of the findings specified in
  786  paragraph (b), the court must consider and make written findings
  787  regarding the following factors when deciding whether to reduce
  788  either the amount or duration of alimony:
  789         1.The duration of the marriage.
  790         2.The financial resources of the obligee, including the
  791  nonmarital and marital assets and liabilities distributed to the
  792  obligee, as well as the obligee’s role in conserving or
  793  depleting the marital assets distributed at the dissolution of
  794  marriage.
  795         3.The sources of income available to the obligee,
  796  including income available to the obligee through investments of
  797  any asset, including retirement assets from which the obligee
  798  can access income without incurring early withdrawal penalties.
  799         4.The effort and sacrifices of time and leisure necessary
  800  for the obligor to continue to provide such alimony and
  801  consideration of the presumption that the obligor has a right to
  802  retire when attaining full retirement age as per the Social
  803  Security Administration.
  804         5.The age and health of the obligor.
  805         6.The terms of the marital settlement agreement between
  806  the parties which govern modification of alimony.
  807         7. Whether the obligor and obligee agreed to permanent
  808  alimony or an extraordinary term of alimony in exchange for the
  809  obligor retaining significant marital assets, as reflected in
  810  the written marital settlement agreement.
  811         (d)If the court does not make any of the findings
  812  specified in paragraph (b), the alimony award amount shall
  813  decrease by 25 percent on the date the obligor reaches 65 years
  814  of age or 1 year after the date on which the notice of
  815  retirement and intent to terminate alimony is filed, whichever
  816  occurs later, and shall continue to decrease by 25 percent each
  817  year thereafter until the date the obligor reaches 68 years of
  818  age or 4 years after the date on which the notice is filed,
  819  whichever occurs later, at which time alimony shall terminate.
  820         (e)Notwithstanding paragraphs (a)-(d), if the obligor
  821  continues to work beyond retirement age as determined by
  822  paragraph (d) and earns active gross income of more than 50
  823  percent of the obligor’s average preretirement annual active
  824  gross income for the 3 years preceding his or her retirement age
  825  or actual retirement date, the court may extend alimony until
  826  the obligor retires and reduces his or her active gross income
  827  below the 50 percent active gross income threshold established
  828  under this paragraph.
  829         (f) If an obligor, so long as he or she is older than 65
  830  years of age, seeks to retire, the court may terminate an
  831  alimony award if it determines that the obligor’s retirement is
  832  reasonable. In determining whether the obligor’s retirement is
  833  reasonable, the court shall consider all of the following:
  834         1.The obligor’s age and health.
  835         2.The obligor’s motivation for retirement.
  836         3.The obligor’s profession or line of work and the typical
  837  retirement age for that profession or line of work.
  838         4.The impact that a termination or reduction of alimony
  839  would have on the obligee. In determining the impact, the court
  840  must consider any assets accumulated or received by the obligee
  841  since the final judgment of dissolution of marriage, including
  842  any income generated by such assets and retirement assets from
  843  which the obligee can access income without incurring early
  844  withdrawal penalties, and the obligee’s role in the depletion or
  845  conservation of any assets.
  846         (g)Up to 12 months before the obligor’s anticipated
  847  retirement under paragraph (f), the obligor may file a petition
  848  to modify or terminate the alimony award, effective upon his or
  849  her actual retirement date. The court shall modify or terminate
  850  the alimony award after the obligor’s retirement unless the
  851  court makes written findings of fact under paragraph (f) that
  852  the obligor’s retirement is not reasonable.
  853         (13)Any amount of social security or disability benefits
  854  or retirement payments received by an obligee subsequent to an
  855  initial award of alimony constitutes a change in circumstances
  856  for which an obligor may seek modification of an alimony award.
  857         (14)Agreements on alimony payments, voluntary or pursuant
  858  to a court order, which allow for modification or termination of
  859  alimony by virtue of either party reaching a certain age,
  860  income, or other threshold, or agreements that establish a
  861  limited period of time after which alimony is modifiable, are
  862  considered agreements that are expressly modifiable or eligible
  863  for termination for purposes of this section once the specified
  864  condition is met.
  865         Section 5. Section 61.19, Florida Statutes, is amended to
  866  read:
  867         61.19 Entry of judgment of dissolution of marriage;, delay
  868  period; separate adjudication of issues.—
  869         (1)A No final judgment of dissolution of marriage may not
  870  be entered until at least 20 days have elapsed from the date of
  871  filing the original petition for dissolution of marriage,; but
  872  the court, on a showing that injustice would result from this
  873  delay, may enter a final judgment of dissolution of marriage at
  874  an earlier date.
  875         (2)If more than 2 years have elapsed after the date of
  876  service of the original petition for dissolution of marriage,
  877  absent a showing by either party that irreparable harm will
  878  result from granting a final judgment of dissolution of
  879  marriage, the court shall, upon request of either party, grant a
  880  final judgment of dissolution of marriage with a reservation of
  881  jurisdiction to subsequently determine all other substantive
  882  issues. Before granting the judgment, the court shall enter
  883  temporary orders necessary to protect the parties and their
  884  children, if any, which orders remain effective until all other
  885  issues are adjudicated by the court. This subsection applies to
  886  all petitions for dissolution of marriage filed on or after July
  887  1, 2022.
  888         Section 6. The court shall apply this act to any action
  889  pending on or after July 1, 2022.
  890         Section 7. This act shall take effect July 1, 2022.