Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 226
       
       
       
       
       
       
                                Ì581458FÎ581458                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/30/2023 07:32 PM       .                                
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       Senator Berman moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 61.1255, Florida Statutes, is created to
    6  read:
    7         61.1255Support for dependent adult children; legislative
    8  intent; powers of court.—
    9         (1)LEGISLATIVE INTENT.—It is the intent of the Legislature
   10  to:
   11         (a)Codify and clarify existing common law and Florida case
   12  law recognizing that the parents of a dependent adult child have
   13  an obligation to support that child.
   14         (b)Provide procedures for establishing support for a
   15  dependent adult child.
   16         (c)Provide safeguards, when establishing court-ordered
   17  support for a dependent adult child, to protect and preserve any
   18  means-based government benefits the dependent adult child is
   19  receiving or may be entitled to receive.
   20         (2)POWERS OF COURT.—
   21         (a)For purposes of this section, the term “dependent adult
   22  child” means an unmarried adult who is incapable of self-support
   23  as a result of a physical or mental incapacity that began before
   24  the person reached the age of 18.
   25         (b)A civil suit to establish support for a dependent adult
   26  child may only be filed in circuit court in the county in which
   27  the dependent adult child resides by one of the following:
   28         1.The dependent adult child or his or her agent under a
   29  durable power of attorney.
   30         2.A parent or other person on behalf of the dependent
   31  adult child.
   32         3.The dependent adult child’s guardian advocate appointed
   33  under chapter 393 or guardian appointed under chapter 744, if
   34  the dependent adult child’s right to sue or defend lawsuits has
   35  been removed by the court.
   36         (c)A civil suit to establish support for a dependent adult
   37  child may be filed at any time after he or she reaches the age
   38  of 17 years and 6 months, unless such an order is already in
   39  place having been established during the child’s minority.
   40         (d)If a court has jurisdiction over the parties because of
   41  an issue of child support, the parents may agree in writing to
   42  provide for dependent adult child support in the existing case
   43  if the agreement is submitted to the court for approval before
   44  the dependent adult child reaches the age of 18. Otherwise, the
   45  amount of support to be paid by one or both parents must be
   46  established in a separate support proceeding in circuit court
   47  pursuant to paragraph (b).
   48         (e)Support ordered after the dependent adult child reaches
   49  the age of 18 may be paid only to the dependent adult child or
   50  his or her court-appointed guardian advocate, guardian, or agent
   51  under a durable power of attorney. However, the court may
   52  irrevocably assign the support to a special needs trust under 42
   53  U.S.C. s. 1396p(d)(4)(A) or to a pooled trust under 42 U.S.C. s.
   54  1396p(d)(4)(C) established for the benefit of the dependent
   55  adult child by the dependent adult child, his or her agent under
   56  a durable power of attorney, the court, a parent or grandparent,
   57  a guardian, or a guardian advocate who has been delegated those
   58  rights in order to maintain the dependent adult child’s means
   59  based government benefits.
   60         (f)The Department of Revenue may not file a petition to
   61  establish, modify, or enforce a support order under this
   62  section.
   63         Section 2. Paragraph (a) of subsection (1) and paragraph
   64  (b) of subsection (2) of section 61.13, Florida Statutes, are
   65  amended to read:
   66         61.13 Support of children; parenting and time-sharing;
   67  powers of court.—
   68         (1)(a) In a proceeding under this chapter, the court may at
   69  any time order either or both parents who owe a duty of support
   70  to a child to pay support to the other parent or, in the case of
   71  both parents, to a third party who has custody in accordance
   72  with the child support guidelines schedule in s. 61.30.
   73         1. All child support orders and income deduction orders
   74  entered on or after October 1, 2010, must provide:
   75         a. For child support to terminate on a child’s 18th
   76  birthday unless the court finds or previously found that the
   77  minor child, or the child who is dependent in fact and between
   78  the ages of 18 and 19, is still in high school and is performing
   79  in good faith with a reasonable expectation of graduation before
   80  he or she reaches the age of 19 s. 743.07(2) applies, or the
   81  continued support is otherwise agreed to by the parties;
   82         b. A schedule, based on the record existing at the time of
   83  the order, stating the amount of the monthly child support
   84  obligation for all the minor children at the time of the order
   85  and the amount of child support that will be owed for any
   86  remaining children after one or more of the children are no
   87  longer entitled to receive child support; and
   88         c. The month, day, and year that the reduction or
   89  termination of child support becomes effective.
   90         2. The court initially entering an order requiring one or
   91  both parents to make child support payments has continuing
   92  jurisdiction after the entry of the initial order to modify the
   93  amount and terms and conditions of the child support payments if
   94  the modification is found by the court to be in the best
   95  interests of the child; when the child reaches majority; if
   96  there is a substantial change in the circumstances of the
   97  parties; the minor child, or the child who is dependent in fact
   98  and between the ages of 18 and 19, is still in high school and
   99  is performing in good faith with a reasonable expectation of
  100  graduation before he or she reaches the age of 19 if s.
  101  743.07(2) applies; or the when a child is emancipated, marries,
  102  joins the armed services, or dies. The court initially entering
  103  a child support order has continuing jurisdiction to require the
  104  obligee to report to the court on terms prescribed by the court
  105  regarding the disposition of the child support payments.
  106         (2)
  107         (b) A parenting plan approved by the court must, at a
  108  minimum:
  109         1. Describe in adequate detail how the parents will share
  110  and be responsible for the daily tasks associated with the
  111  upbringing of the child;
  112         2. Include the time-sharing schedule arrangements that
  113  specify the time that the minor child will spend with each
  114  parent;
  115         3. Designate who will be responsible for:
  116         a. Any and all forms of health care. If the court orders
  117  shared parental responsibility over health care decisions, the
  118  parenting plan must provide that either parent may consent to
  119  mental health treatment for the child unless stated otherwise in
  120  the parenting plan.
  121         b. School-related matters, including the address to be used
  122  for school-boundary determination and registration.
  123         c. Other activities; and
  124         4. Describe in adequate detail the methods and technologies
  125  that the parents will use to communicate with the child.
  126         Section 3. Section 61.29, Florida Statutes, is amended to
  127  read:
  128         61.29 Child support guidelines; principles; applicability.—
  129         (1) The following principles establish the public policy of
  130  the State of Florida in the creation of the child support
  131  guidelines:
  132         (a)(1) Each parent has a fundamental obligation to support
  133  his or her minor or legally dependent child.
  134         (b)(2) The guidelines schedule is based on the parent’s
  135  combined net income estimated to have been allocated to the
  136  child as if the parents and children were living in an intact
  137  household.
  138         (c)(3) The guidelines encourage fair and efficient
  139  settlement of support issues between parents and minimizes the
  140  need for litigation.
  141         (2)The guidelines in this section do not apply to support
  142  for a dependent adult child as defined in s. 61.1255(2)(a). The
  143  amount of support for a dependent adult child is determined by
  144  s. 61.31.
  145         Section 4. Paragraph (a) of subsection (1) of section
  146  61.30, Florida Statutes, is amended to read:
  147         61.30 Child support guidelines; retroactive child support.—
  148         (1)(a) The child support guideline amount as determined by
  149  this section presumptively establishes the amount the trier of
  150  fact must shall order as child support for a minor child, or a
  151  child who is dependent in fact and between the ages of 18 and 19
  152  and who is still in high school and is performing in good faith
  153  with a reasonable expectation of graduation before he or she
  154  reaches the age of 19, in an initial proceeding for such support
  155  or in a proceeding for modification of an existing order for
  156  such support, whether the proceeding arises under this or
  157  another chapter. The trier of fact may order payment of child
  158  support which varies, plus or minus 5 percent, from the
  159  guideline amount, after considering all relevant factors,
  160  including the needs of the child or children, age, station in
  161  life, standard of living, and the financial status and ability
  162  of each parent. The trier of fact may order payment of child
  163  support in an amount which varies more than 5 percent from such
  164  guideline amount only upon a written finding explaining why
  165  ordering payment of such guideline amount would be unjust or
  166  inappropriate. Notwithstanding the variance limitations of this
  167  section, the trier of fact must shall order payment of child
  168  support which varies from the guideline amount as provided in
  169  paragraph (11)(b) whenever any of the children are required by
  170  court order or mediation agreement to spend a substantial amount
  171  of time with either parent. This requirement applies to any
  172  living arrangement, whether temporary or permanent.
  173         Section 5. Section 61.31, Florida Statutes, is created to
  174  read:
  175         61.31Amount of support for a dependent adult child.—
  176         (1)In determining the amount of support to be paid after a
  177  dependent adult child as defined in s. 61.1255(2)(a) reaches the
  178  age of 18, the specific terms and conditions of such support,
  179  and the rights and duties of both parents with respect to the
  180  support, the court shall determine and consider all of the
  181  following:
  182         (a)The dependent adult child’s income and assets.
  183         (b)Any existing and future needs of the dependent adult
  184  child which are directly related to his or her mental or
  185  physical incapacity and the substantial care and personal
  186  supervision directly required by or related to that incapacity.
  187         (c)Whether a parent or other person pays for or will pay
  188  for the care or supervision of the dependent adult child or
  189  provides or will provide substantial care or personal
  190  supervision to the dependent adult child himself or herself.
  191         (d)The financial resources available to each parent for
  192  the support, care, and supervision of the dependent adult child.
  193         (e)Any other financial resources or other resources or
  194  programs available for the support, care, and supervision of the
  195  dependent adult child.
  196         (2)The court may irrevocably assign the support to a
  197  special needs trust under 42 U.S.C. s. 1396p(d)(4)(A) or to a
  198  pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for
  199  the benefit of the dependent adult child by the dependent adult
  200  child, his or her agent under a durable power of attorney, the
  201  court, a parent or grandparent, a guardian, or a guardian
  202  advocate who has been delegated those rights in order to
  203  maintain the dependent adult child’s means-based government
  204  benefits.
  205         (3)In making its decisions, the court shall consider:
  206         (a)Any state or federal programs and benefits that the
  207  dependent adult child is receiving or may receive due to
  208  reaching the age of majority; and
  209         (b)The effect that the court-ordered support would have on
  210  the dependent adult child’s eligibility for such programs and
  211  benefits.
  212         (4)The court may not order support that will cause
  213  ineligibility for programs in which the dependent adult child
  214  currently participates, or programs and services for which the
  215  dependent adult child is reasonably expected to become eligible
  216  upon reaching the age of majority.
  217         Section 6. Paragraph (b) of subsection (2) and subsection
  218  (3) of section 393.12, Florida Statutes, are amended to read:
  219         393.12 Capacity; appointment of guardian advocate.—
  220         (2) APPOINTMENT OF A GUARDIAN ADVOCATE.—
  221         (b) A person who is being considered for appointment or is
  222  appointed as a guardian advocate is not required to need not be
  223  represented by an attorney unless required by the court or if
  224  the guardian advocate is delegated any rights regarding property
  225  other than the right to be the representative payee for
  226  government benefits or to receive periodic payments for the
  227  support, care, maintenance, education, or other needs of the
  228  person with a developmental disability pursuant to s. 61.1255.
  229  This paragraph applies only to proceedings relating to the
  230  appointment of a guardian advocate and the court’s supervision
  231  of a guardian advocate and is not an exercise of the
  232  Legislature’s authority under pursuant to s. 2(a), Art. V of the
  233  State Constitution.
  234         (3) PETITION.—
  235         (a) A petition to appoint a guardian advocate for a person
  236  with a developmental disability may be executed by an adult
  237  person who is a resident of this state. The petition must be
  238  verified and must:
  239         1.(a) State the name, age, and present address of the
  240  petitioner and his or her relationship to the person with a
  241  developmental disability;
  242         2.(b) State the name, age, county of residence, and present
  243  address of the person with a developmental disability;
  244         3.(c) Allege that the petitioner believes that the person
  245  needs a guardian advocate and specify the factual information on
  246  which such belief is based;
  247         4.(d) Specify the exact areas in which the person lacks the
  248  decisionmaking ability to make informed decisions about his or
  249  her care and treatment services or to meet the essential
  250  requirements for his or her physical health or safety;
  251         5.(e) Specify the legal disabilities to which the person is
  252  subject; and
  253         6.(f) State the name of the proposed guardian advocate, the
  254  relationship of that person to the person with a developmental
  255  disability; the relationship that the proposed guardian advocate
  256  had or has with a provider of health care services, residential
  257  services, or other services to the person with a developmental
  258  disability; and the reason why this person should be appointed.
  259  The petition must also state if a willing and qualified guardian
  260  advocate cannot be located, the petition shall so state.
  261         (b)A petition to appoint a guardian advocate may include a
  262  request for the authority to bring a civil action in circuit
  263  court to establish periodic payments from either or both parents
  264  of the person with a developmental disability for the support,
  265  care, maintenance, education, or other needs of that person
  266  pursuant to s. 61.1255. This section may not be construed to
  267  confer any obligation or duty for a guardian advocate to pursue
  268  support for the person with a developmental disability.
  269         Section 7. Subsection (1) of section 742.031, Florida
  270  Statutes, is amended to read:
  271         742.031 Hearings; court orders for support, hospital
  272  expenses, and attorney fees attorney’s fee.—
  273         (1) Hearings for the purpose of establishing or refuting
  274  the allegations of the complaint and answer must shall be held
  275  in the chambers and may be restricted to persons, in addition to
  276  the parties involved and their counsel, as the judge in his or
  277  her discretion may direct. The court shall determine the issues
  278  of paternity of the child and the ability of the parents to
  279  support the child. Each party’s social security number must
  280  shall be recorded in the file containing the adjudication of
  281  paternity. If the court finds that the alleged father is the
  282  father of the child, it must shall so order. If appropriate, the
  283  court may shall order the father to pay the complainant, her
  284  guardian, or any other person assuming responsibility for the
  285  child moneys sufficient to pay reasonable attorney attorney’s
  286  fees, hospital or medical expenses, cost of confinement, and any
  287  other expenses incident to the birth of the child and to pay all
  288  costs of the proceeding. Bills for pregnancy, childbirth, and
  289  scientific testing are admissible as evidence without requiring
  290  third-party foundation testimony, and shall constitute prima
  291  facie evidence of amounts incurred for such services or for
  292  testing on behalf of the child. The court shall order either or
  293  both parents owing a duty of support to the child to pay support
  294  under chapter 61 pursuant to s. 61.30. The court must shall
  295  issue, upon motion by a party, a temporary order requiring child
  296  support for a minor child under pursuant to s. 61.30 pending an
  297  administrative or judicial determination of parentage, if there
  298  is clear and convincing evidence of paternity on the basis of
  299  genetic tests or other evidence. The court may also make a
  300  determination of an appropriate parenting plan, including a
  301  time-sharing schedule, in accordance with chapter 61.
  302         Section 8. Section 742.06, Florida Statutes, is amended to
  303  read:
  304         742.06 Jurisdiction retained for future orders.—The court
  305  shall retain jurisdiction of the cause for the purpose of
  306  entering such other and further orders as changing circumstances
  307  of the parties may in justice and equity require. Modifications
  308  and enforcement of child support, time-sharing, and support for
  309  a dependent adult child are determined under chapter 61.
  310         Section 9. Section 744.422, Florida Statutes, is created to
  311  read:
  312         744.422Petition for support for a dependent adult child.
  313  Pursuant to s. 61.1255, a guardian may petition the court for
  314  the authority to bring a civil suit in circuit court to
  315  establish periodic payments from either or both parents of the
  316  dependent adult child for the support, care, maintenance,
  317  education, and any other needs of a dependent adult child if not
  318  otherwise provided for in the guardianship plan. The amount of
  319  support is determined pursuant to s. 61.31. This section may not
  320  be construed to confer any obligation or duty for a guardian to
  321  pursue support on behalf of a dependent adult child.
  322         Section 10. This act shall take effect July 1, 2023.
  323  
  324  ================= T I T L E  A M E N D M E N T ================
  325  And the title is amended as follows:
  326         Delete everything before the enacting clause
  327  and insert:
  328                        A bill to be entitled                      
  329         An act relating to support for dependent adult
  330         children; creating s. 61.1255, F.S.; providing
  331         legislative intent; defining the term “dependent adult
  332         child”; providing that civil suits to establish
  333         support for dependent adult children may be filed only
  334         in a certain court by specified individuals;
  335         specifying a timeframe during which such suits may be
  336         filed; providing an exception; specifying procedures
  337         for establishing such support; requiring such support
  338         to be paid to the dependent adult child or other
  339         specified persons; authorizing the court to
  340         irrevocably assign such support to certain trusts
  341         established for the benefit of the dependent adult
  342         child for a specified purpose; prohibiting the
  343         Department of Revenue from filing petitions to
  344         establish, modify, or enforce certain support orders;
  345         amending s. 61.13, F.S.; conforming a provision to
  346         changes made by the act; specifying that a child
  347         support order does not terminate on the child’s 18th
  348         birthday in certain circumstances; specifying that a
  349         court may modify a child support order for a minor
  350         child or child who is dependent in fact under certain
  351         circumstances; authorizing either parent to consent to
  352         mental health treatment for a child unless stated
  353         otherwise in the parenting plan; amending s. 61.29,
  354         F.S.; providing applicability; amending s. 61.30,
  355         F.S.; conforming a provision to changes made by the
  356         act; creating s. 61.31, F.S.; requiring the court to
  357         consider certain factors when determining the amount
  358         of support for a dependent adult child; authorizing
  359         the court to assign support to certain trusts
  360         established for the benefit of the dependent adult
  361         child for a specified purpose; requiring the court to
  362         consider certain state and federal programs and
  363         benefits in making its decisions; prohibiting the
  364         court from ordering support that will cause
  365         ineligibility for certain programs; amending s.
  366         393.12, F.S.; providing an additional circumstance
  367         under which a guardian advocate must be represented by
  368         an attorney in guardianship proceedings; specifying
  369         that petitions to appoint a guardian advocate for a
  370         person with a developmental disability may request
  371         authority to bring a civil suit to establish periodic
  372         payments from the person’s parent or parents;
  373         providing construction; amending s. 742.031, F.S.;
  374         authorizing, rather than requiring, the court to order
  375         a father to pay attorney fees and certain costs and
  376         expenses to specified persons; making a technical
  377         change; amending s. 742.06, F.S.; conforming a
  378         provision to changes made by the act; creating s.
  379         744.422, F.S.; authorizing a guardian of a dependent
  380         adult child to petition the court for authority to
  381         bring a civil suit to establish certain support
  382         payments from the dependent adult child’s parent or
  383         parents in certain circumstances; specifying that the
  384         amount of such support is determined pursuant to
  385         certain provisions of law; providing construction;
  386         providing an effective date.