Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 226
       
       
       
       
       
       
                                Ì284646CÎ284646                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/07/2023           .                                
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       The Committee on Judiciary (Berman) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 111 - 368
    4  and insert:
    5         agent under a durable power of attorney. However, the court
    6  may irrevocably assign the support to a special needs trust
    7  under 42 U.S.C. s. 1396p(d)(4) or to a pooled trust under 42
    8  U.S.C. s. 1396p(d)(4)(C) established for the dependent adult
    9  child by the dependent adult child, his or her agent under a
   10  durable power of attorney, the court, a parent or grandparent, a
   11  guardian, or a guardian advocate who has been delegated those
   12  rights in order to maintain the dependent adult child’s means
   13  based government benefits.
   14         (8)The Department of Revenue may not file a petition to
   15  establish, modify, or enforce a support order under this
   16  section.
   17         Section 2. Paragraph (a) of subsection (1) and paragraph
   18  (b) of subsection (2) of section 61.13, Florida Statutes, are
   19  amended to read:
   20         61.13 Support of children; parenting and time-sharing;
   21  powers of court.—
   22         (1)(a) In a proceeding under this chapter, the court may at
   23  any time order either or both parents who owe a duty of support
   24  to a child to pay support to the other parent or, in the case of
   25  both parents, to a third party who has custody in accordance
   26  with the child support guidelines schedule in s. 61.30.
   27         1. All child support orders and income deduction orders
   28  entered on or after October 1, 2010, must provide:
   29         a. For child support to terminate on a child’s 18th
   30  birthday unless the court finds or previously found that the
   31  minor child, or the child who is dependent in fact and between
   32  the ages of 18 and 19, is still in high school and is performing
   33  in good faith with a reasonable expectation of graduation before
   34  he or she reaches the age of 19 s. 743.07(2) applies, or the
   35  continued support is otherwise agreed to by the parties;
   36         b. A schedule, based on the record existing at the time of
   37  the order, stating the amount of the monthly child support
   38  obligation for all the minor children at the time of the order
   39  and the amount of child support that will be owed for any
   40  remaining children after one or more of the children are no
   41  longer entitled to receive child support; and
   42         c. The month, day, and year that the reduction or
   43  termination of child support becomes effective.
   44         2. The court initially entering an order requiring one or
   45  both parents to make child support payments has continuing
   46  jurisdiction after the entry of the initial order to modify the
   47  amount and terms and conditions of the child support payments
   48  if: the modification is found by the court to be in the best
   49  interests of the child; when the child reaches majority; if
   50  there is a substantial change in the circumstances of the
   51  parties; the minor child, or the child who is dependent in fact
   52  and between the ages of 18 and 19, is still in high school and
   53  is performing in good faith with a reasonable expectation of
   54  graduation before he or she reaches the age of 19 if s.
   55  743.07(2) applies; or the when a child is emancipated, marries,
   56  joins the armed services, or dies. The court initially entering
   57  a child support order has continuing jurisdiction to require the
   58  obligee to report to the court on terms prescribed by the court
   59  regarding the disposition of the child support payments.
   60         (2)
   61         (b) A parenting plan approved by the court must, at a
   62  minimum:
   63         1. Describe in adequate detail how the parents will share
   64  and be responsible for the daily tasks associated with the
   65  upbringing of the child;
   66         2. Include the time-sharing schedule arrangements that
   67  specify the time that the minor child will spend with each
   68  parent;
   69         3. Designate who will be responsible for:
   70         a. Any and all forms of health care. If the court orders
   71  shared parental responsibility over health care decisions, the
   72  parenting plan must provide that either parent may consent to
   73  mental health treatment for the child unless stated otherwise in
   74  the parenting plan.
   75         b. School-related matters, including the address to be used
   76  for school-boundary determination and registration.
   77         c. Other activities; and
   78         4. Describe in adequate detail the methods and technologies
   79  that the parents will use to communicate with the child.
   80         Section 3. Section 61.29, Florida Statutes, is amended to
   81  read:
   82         61.29 Child support guidelines; principles; application.—
   83         (1) The following principles establish the public policy of
   84  the State of Florida in the creation of the child support
   85  guidelines:
   86         (a)(1) Each parent has a fundamental obligation to support
   87  his or her minor or legally dependent child.
   88         (b)(2) The guidelines schedule is based on the parent’s
   89  combined net income estimated to have been allocated to the
   90  child as if the parents and children were living in an intact
   91  household.
   92         (c)(3) The guidelines encourage fair and efficient
   93  settlement of support issues between parents and minimizes the
   94  need for litigation.
   95         (2)The guidelines in this section do not apply to support
   96  for a dependent adult child as defined in s. 61.1255. The amount
   97  of support for a dependent adult child is determined by s.
   98  61.31.
   99         Section 4. Paragraph (a) of subsection (1) of section
  100  61.30, Florida Statutes, is amended to read:
  101         61.30 Child support guidelines; retroactive child support.—
  102         (1)(a) The child support guideline amount as determined by
  103  this section presumptively establishes the amount the trier of
  104  fact must shall order as child support for a minor child, or a
  105  child who is dependent in fact and between the ages of 18 and 19
  106  and who is still in high school and is performing in good faith
  107  with a reasonable expectation of graduation before he or she
  108  reaches the age of 19, in an initial proceeding for such support
  109  or in a proceeding for modification of an existing order for
  110  such support, whether the proceeding arises under this or
  111  another chapter. The trier of fact may order payment of child
  112  support which varies, plus or minus 5 percent, from the
  113  guideline amount, after considering all relevant factors,
  114  including the needs of the child or children, age, station in
  115  life, standard of living, and the financial status and ability
  116  of each parent. The trier of fact may order payment of child
  117  support in an amount which varies more than 5 percent from such
  118  guideline amount only upon a written finding explaining why
  119  ordering payment of such guideline amount would be unjust or
  120  inappropriate. Notwithstanding the variance limitations of this
  121  section, the trier of fact must shall order payment of child
  122  support which varies from the guideline amount as provided in
  123  paragraph (11)(b) whenever any of the children are required by
  124  court order or mediation agreement to spend a substantial amount
  125  of time with either parent. This requirement applies to any
  126  living arrangement, whether temporary or permanent.
  127         Section 5. Section 61.31, Florida Statutes, is created to
  128  read:
  129         61.31 Amount of support for a dependent adult child.—
  130         (1)In determining the amount of support to be paid after a
  131  dependent adult child as defined in s. 61.1255 reaches the age
  132  of 18, the specific terms and conditions of such support, and
  133  the rights and duties of both parents with respect to the
  134  support, the court shall determine and give consideration to all
  135  of the following:
  136         (a)The dependent adult child’s income and assets.
  137         (b)Any existing and future needs of the dependent adult
  138  child which are directly related to his or her mental or
  139  physical incapacity and the substantial care and personal
  140  supervision directly required by or related to that incapacity.
  141         (c)Whether a parent pays for or will pay for the care or
  142  supervision of the dependent adult child or provides or will
  143  provide substantial care or personal supervision to the
  144  dependent adult child himself or herself.
  145         (d)The financial resources available to each parent for
  146  the support, care, and supervision of the dependent adult child.
  147         (e)Any other financial resources or other resources or
  148  programs available for the support, care, and supervision of the
  149  dependent adult child.
  150         (2)The court may irrevocably assign the support to a
  151  special needs trust under 42 U.S.C. s. 1396p(d)(4) or to a
  152  pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for
  153  the dependent adult child by the dependent adult child, his or
  154  her agent under a durable power of attorney, the court, a parent
  155  or grandparent, a guardian, or a guardian advocate who has been
  156  delegated those rights in order to maintain the dependent adult
  157  child’s means-based government benefits.
  158         (3)In making its decisions, the court shall take into
  159  consideration any state or federal programs and benefits that
  160  the dependent adult child is receiving and the effect that the
  161  court-ordered support would have on the dependent adult child’s
  162  continued eligibility for such programs and benefits.
  163         Section 6. Paragraph (b) of subsection (2) and subsection
  164  (3) of section 393.12, Florida Statutes, are amended to read:
  165         393.12 Capacity; appointment of guardian advocate.—
  166         (2) APPOINTMENT OF A GUARDIAN ADVOCATE.—
  167         (b) A person who is being considered for appointment or is
  168  appointed as a guardian advocate is not required to need not be
  169  represented by an attorney unless required by the court or if
  170  the guardian advocate is delegated any rights regarding property
  171  other than the right to be the representative payee for
  172  government benefits or the right of a parent to receive periodic
  173  payments for the support, care, maintenance, education, or other
  174  needs of the person with a developmental disability. This
  175  paragraph applies only to proceedings relating to the
  176  appointment of a guardian advocate and the court’s supervision
  177  of a guardian advocate and is not an exercise of the
  178  Legislature’s authority under pursuant to s. 2(a), Art. V of the
  179  State Constitution.
  180         (3) PETITION.—
  181         (a) A petition to appoint a guardian advocate for a person
  182  with a developmental disability may be executed by an adult
  183  person who is a resident of this state. The petition must be
  184  verified and must:
  185         1.(a) State the name, age, and present address of the
  186  petitioner and his or her relationship to the person with a
  187  developmental disability;
  188         2.(b) State the name, age, county of residence, and present
  189  address of the person with a developmental disability;
  190         3.(c) Allege that the petitioner believes that the person
  191  needs a guardian advocate and specify the factual information on
  192  which such belief is based;
  193         4.(d) Specify the exact areas in which the person lacks the
  194  decisionmaking ability to make informed decisions about his or
  195  her care and treatment services or to meet the essential
  196  requirements for his or her physical health or safety;
  197         5.(e) Specify the legal disabilities to which the person is
  198  subject; and
  199         6.(f) State the name of the proposed guardian advocate, the
  200  relationship of that person to the person with a developmental
  201  disability; the relationship that the proposed guardian advocate
  202  had or has with a provider of health care services, residential
  203  services, or other services to the person with a developmental
  204  disability; and the reason why this person should be appointed.
  205  The petition must also state if a willing and qualified guardian
  206  advocate cannot be located, the petition shall so state.
  207         (b)A petition to appoint a guardian advocate may include a
  208  request for periodic payments from either or both parents of the
  209  person with a developmental disability for the support, care,
  210  maintenance, education, or other needs of that person.
  211         Section 7. Subsection (1) of section 742.031, Florida
  212  Statutes, is amended to read:
  213         742.031 Hearings; court orders for support, hospital
  214  expenses, and attorney attorney’s fee.—
  215         (1) Hearings for the purpose of establishing or refuting
  216  the allegations of the complaint and answer must shall be held
  217  in the chambers and may be restricted to persons, in addition to
  218  the parties involved and their counsel, as the judge in his or
  219  her discretion may direct. The court shall determine the issues
  220  of paternity of the child and the ability of the parents to
  221  support the child. Each party’s social security number must
  222  shall be recorded in the file containing the adjudication of
  223  paternity. If the court finds that the alleged father is the
  224  father of the child, it must shall so order. If appropriate, the
  225  court may shall order the father to pay the complainant, her
  226  guardian, or any other person assuming responsibility for the
  227  child moneys sufficient to pay reasonable attorney attorney’s
  228  fees, hospital or medical expenses, cost of confinement, and any
  229  other expenses incident to the birth of the child and to pay all
  230  costs of the proceeding. Bills for pregnancy, childbirth, and
  231  scientific testing are admissible as evidence without requiring
  232  third-party foundation testimony, and shall constitute prima
  233  facie evidence of amounts incurred for such services or for
  234  testing on behalf of the child. The court shall order either or
  235  both parents owing a duty of support to the child to pay support
  236  under chapter 61 pursuant to s. 61.30. The court must shall
  237  issue, upon motion by a party, a temporary order requiring child
  238  support for a minor child under pursuant to s. 61.30 pending an
  239  administrative or judicial determination of parentage, if there
  240  is clear and convincing evidence of paternity on the basis of
  241  genetic tests or other evidence. The court may also make a
  242  determination of an appropriate parenting plan, including a
  243  time-sharing schedule, in accordance with chapter 61.
  244         Section 8. Section 742.06, Florida Statutes, is amended to
  245  read:
  246         742.06 Jurisdiction retained for future orders.—The court
  247  shall retain jurisdiction of the cause for the purpose of
  248  entering such other and further orders as changing circumstances
  249  of the parties may in justice and equity require. Modifications
  250  of child support and time-sharing are determined under chapter
  251  61.
  252         Section 9. Section 744.1013, Florida Statutes, is created
  253  to read:
  254         744.1013 Jurisdiction for support claims.—The court has
  255  jurisdiction over claims for support of a dependent adult child
  256  as defined in s. 61.1255 and shall adjudicate the financial
  257  obligation, including health insurance, of the dependent adult
  258  child’s parents and enforce the financial obligation as provided
  259  in chapter 61. All support required to be paid in relation to a
  260  dependent adult child over the age of 18 must be paid to the
  261  dependent adult child or his or her court-appointed guardian
  262  advocate, guardian, or agent under a durable power of attorney.
  263  However, the court may