Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 226
       
       
       
       
       
       
                                Ì897670?Î897670                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/08/2023           .                                
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       The Committee on Children, Families, and Elder Affairs (Berman)
       recommended 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         61.1255 Support for dependent adult children; legislative
    8  intent; powers of court.—
    9         (1) LEGISLATIVE INTENT.—
   10         (a) It is the intent of the Legislature to:
   11         1. 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         2. Provide procedures for establishing support for a
   15  dependent adult child; and
   16         3. 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)The right of a parent or other person to decide where
   26  the dependent adult child will live must be established in a
   27  guardianship proceeding brought under chapter 393 or chapter
   28  744. Nothing in this paragraph shall be construed to require a
   29  guardianship under chapter 744 or guardian advocacy under
   30  chapter 393 in order for a court to order support for a
   31  dependent adult child.
   32         (c)A suit to establish support for a dependent adult child
   33  may only be filed by one of the following:
   34         1.The dependent adult child or his or her agent under a
   35  durable power of attorney. Any such action must be brought in
   36  the circuit court in the county in which the dependent adult
   37  child resides.
   38         2.A parent or other person on behalf of the dependent
   39  adult child. Any such action must be brought under chapter 393
   40  or chapter 744.
   41         3.The dependent adult child’s guardian advocate appointed
   42  under chapter 393 or guardian appointed under chapter 744, if
   43  the dependent adult child’s right to sue or defend lawsuits has
   44  been removed by the court.
   45         (e)A suit to establish support for a dependent adult child
   46  may be filed at any time after he or she reaches the age of 17
   47  years and 6 months, unless such an order is already in place,
   48  having been established during the child’s minority.
   49         (f)If a court has jurisdiction over the parties because of
   50  an issue of child support, the parents may agree in writing to
   51  provide for dependent adult support in the existing case if the
   52  agreement is submitted to the court for approval before the
   53  dependent adult child reaches the age of 18. Otherwise, the
   54  amount of support to be paid by one or both parents must be
   55  established in a guardianship proceeding or in a separate
   56  support proceeding in circuit court pursuant to subparagraph
   57  (c)1. This section does not preclude a court from establishing
   58  support, ordering continued support, or enforcing or modifying
   59  support orders established under this chapter.
   60         (g)Support ordered after the dependent adult child reaches
   61  the age of 18 may be paid only to the dependent adult child or
   62  his or her court-appointed guardian advocate, guardian, or agent
   63  under a durable power of attorney. However, the court may
   64  irrevocably assign the support to a special needs trust under 42
   65  U.S.C. s. 1396p(d)(4) or to a pooled trust under 42 U.S.C. s.
   66  1396p(d)(4)(C) established for the dependent adult child by the
   67  dependent adult child, his or her agent under a durable power of
   68  attorney, the court, a parent or grandparent, a guardian, or a
   69  guardian advocate who has been delegated those rights in order
   70  to maintain the dependent adult child’s means-based government
   71  benefits.
   72         (h)The Department of Revenue may not file a petition to
   73  establish, modify, or enforce a support order under this
   74  section.
   75         Section 2. Paragraph (a) of subsection (1) and paragraph
   76  (b) of subsection (2) of section 61.13, Florida Statutes, are
   77  amended to read:
   78         61.13 Support of children; parenting and time-sharing;
   79  powers of court.—
   80         (1)(a) In a proceeding under this chapter, the court may at
   81  any time order either or both parents who owe a duty of support
   82  to a child to pay support to the other parent or, in the case of
   83  both parents, to a third party who has custody in accordance
   84  with the child support guidelines schedule in s. 61.30.
   85         1. All child support orders and income deduction orders
   86  entered on or after October 1, 2010, must provide:
   87         a. For child support to terminate on a child’s 18th
   88  birthday unless the court finds or previously found that the
   89  minor child, or the child who is dependent in fact and between
   90  the ages of 18 and 19, is still in high school and is performing
   91  in good faith with a reasonable expectation of graduation before
   92  he or she reaches the age of 19 s. 743.07(2) applies, or the
   93  continued support is otherwise agreed to by the parties;
   94         b. A schedule, based on the record existing at the time of
   95  the order, stating the amount of the monthly child support
   96  obligation for all the minor children at the time of the order
   97  and the amount of child support that will be owed for any
   98  remaining children after one or more of the children are no
   99  longer entitled to receive child support; and
  100         c. The month, day, and year that the reduction or
  101  termination of child support becomes effective.
  102         2. The court initially entering an order requiring one or
  103  both parents to make child support payments has continuing
  104  jurisdiction after the entry of the initial order to modify the
  105  amount and terms and conditions of the child support payments
  106  if: the modification is found by the court to be in the best
  107  interests of the child; when the child reaches majority; if
  108  there is a substantial change in the circumstances of the
  109  parties; the minor child, or the child who is dependent in fact
  110  and between the ages of 18 and 19, is still in high school and
  111  is performing in good faith with a reasonable expectation of
  112  graduation before he or she reaches the age of 19 if s.
  113  743.07(2) applies; or the when a child is emancipated, marries,
  114  joins the armed services, or dies. The court initially entering
  115  a child support order has continuing jurisdiction to require the
  116  obligee to report to the court on terms prescribed by the court
  117  regarding the disposition of the child support payments.
  118         (2)
  119         (b) A parenting plan approved by the court must, at a
  120  minimum:
  121         1. Describe in adequate detail how the parents will share
  122  and be responsible for the daily tasks associated with the
  123  upbringing of the child;
  124         2. Include the time-sharing schedule arrangements that
  125  specify the time that the minor child will spend with each
  126  parent;
  127         3. Designate who will be responsible for:
  128         a. Any and all forms of health care. If the court orders
  129  shared parental responsibility over health care decisions, the
  130  parenting plan must provide that either parent may consent to
  131  mental health treatment for the child unless stated otherwise in
  132  the parenting plan.
  133         b. School-related matters, including the address to be used
  134  for school-boundary determination and registration.
  135         c. Other activities; and
  136         4. Describe in adequate detail the methods and technologies
  137  that the parents will use to communicate with the child.
  138         Section 3. Section 61.29, Florida Statutes, is amended to
  139  read:
  140         61.29 Child support guidelines; principles; application.—
  141         (1) The following principles establish the public policy of
  142  the State of Florida in the creation of the child support
  143  guidelines:
  144         (a)(1) Each parent has a fundamental obligation to support
  145  his or her minor or legally dependent child.
  146         (b)(2) The guidelines schedule is based on the parent’s
  147  combined net income estimated to have been allocated to the
  148  child as if the parents and children were living in an intact
  149  household.
  150         (c)(3) The guidelines encourage fair and efficient
  151  settlement of support issues between parents and minimizes the
  152  need for litigation.
  153         (2)The guidelines in this section do not apply to support
  154  for a dependent adult child as defined in s. 61.1255. The amount
  155  of support for a dependent adult child is determined by s.
  156  61.31.
  157         Section 4. Paragraph (a) of subsection (1) of section
  158  61.30, Florida Statutes, is amended to read:
  159         61.30 Child support guidelines; retroactive child support.—
  160         (1)(a) The child support guideline amount as determined by
  161  this section presumptively establishes the amount the trier of
  162  fact must shall order as child support for a minor child, or a
  163  child who is dependent in fact and between the ages of 18 and 19
  164  and who is still in high school and is performing in good faith
  165  with a reasonable expectation of graduation before he or she
  166  reaches the age of 19, in an initial proceeding for such support
  167  or in a proceeding for modification of an existing order for
  168  such support, whether the proceeding arises under this or
  169  another chapter. The trier of fact may order payment of child
  170  support which varies, plus or minus 5 percent, from the
  171  guideline amount, after considering all relevant factors,
  172  including the needs of the child or children, age, station in
  173  life, standard of living, and the financial status and ability
  174  of each parent. The trier of fact may order payment of child
  175  support in an amount which varies more than 5 percent from such
  176  guideline amount only upon a written finding explaining why
  177  ordering payment of such guideline amount would be unjust or
  178  inappropriate. Notwithstanding the variance limitations of this
  179  section, the trier of fact must shall order payment of child
  180  support which varies from the guideline amount as provided in
  181  paragraph (11)(b) whenever any of the children are required by
  182  court order or mediation agreement to spend a substantial amount
  183  of time with either parent. This requirement applies to any
  184  living arrangement, whether temporary or permanent.
  185         Section 5. Section 61.31, Florida Statutes, is created to
  186  read:
  187         61.31 Amount of support for a dependent adult child.—
  188         (1)In determining the amount of support to be paid after a
  189  dependent adult child as defined in s. 61.1255 reaches the age
  190  of 18, the specific terms and conditions of such support, and
  191  the rights and duties of both parents with respect to the
  192  support, the court shall determine and give consideration to all
  193  of the following:
  194         (a)The dependent adult child’s income and assets.
  195         (b)Any existing and future needs of the dependent adult
  196  child which are directly related to his or her mental or
  197  physical incapacity and the substantial care and personal
  198  supervision directly required by or related to that incapacity.
  199         (c)Whether a parent or other person pays for or will pay
  200  for the care or supervision of the dependent adult child or
  201  provides or will provide substantial care or personal
  202  supervision to the dependent adult child himself or herself.
  203         (d)The financial resources available to each parent for
  204  the support, care, and supervision of the dependent adult child.
  205         (e)Any other financial resources or other resources or
  206  programs available for the support, care, and supervision of the
  207  dependent adult child.
  208         (2)The court may irrevocably assign the support to a
  209  special needs trust under 42 U.S.C. s. 1396p(d)(4) or to a
  210  pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for
  211  the dependent adult child by the dependent adult child, his or
  212  her agent under a durable power of attorney, the court, a parent
  213  or grandparent, a guardian, or a guardian advocate who has been
  214  delegated those rights in order to maintain the dependent adult
  215  child’s means-based government benefits.
  216         (3)In making its decisions, the court shall take into
  217  consideration:
  218         (a) Any state or federal programs and benefits that the
  219  dependent adult child is receiving or may receive due to
  220  reaching the age of majority; and
  221         (b) The effect that the court-ordered support would have on
  222  the dependent adult child’s eligibility for such programs and
  223  benefits.
  224         (4) The court must not order support that will cause
  225  ineligibility for programs in which the dependent adult child
  226  currently participates, or programs and services they are
  227  reasonably expected to become eligible for due to their reaching
  228  the age of majority.
  229         Section 6. Paragraph (b) of subsection (2) and subsection
  230  (3) of section 393.12, Florida Statutes, are amended to read:
  231         393.12 Capacity; appointment of guardian advocate.—
  232         (2) APPOINTMENT OF A GUARDIAN ADVOCATE.—
  233         (b) A person who is being considered for appointment or is
  234  appointed as a guardian advocate is not required to need not be
  235  represented by an attorney unless required by the court or if
  236  the guardian advocate is delegated any rights regarding property
  237  other than the right to be the representative payee for
  238  government benefits or the right of a parent to receive periodic
  239  payments for the support, care, maintenance, education, or other
  240  needs of the person with a developmental disability. This
  241  paragraph applies only to proceedings relating to the
  242  appointment of a guardian advocate and the court’s supervision
  243  of a guardian advocate and is not an exercise of the
  244  Legislature’s authority under pursuant to s. 2(a), Art. V of the
  245  State Constitution.
  246         (3) PETITION.—
  247         (a) A petition to appoint a guardian advocate for a person
  248  with a developmental disability may be executed by an adult
  249  person who is a resident of this state. The petition must be
  250  verified and must:
  251         1.(a) State the name, age, and present address of the
  252  petitioner and his or her relationship to the person with a
  253  developmental disability;
  254         2.(b) State the name, age, county of residence, and present
  255  address of the person with a developmental disability;
  256         3.(c) Allege that the petitioner believes that the person
  257  needs a guardian advocate and specify the factual information on
  258  which such belief is based;
  259         4.(d) Specify the exact areas in which the person lacks the
  260  decisionmaking ability to make informed decisions about his or
  261  her care and treatment services or to meet the essential
  262  requirements for his or her physical health or safety;
  263         5.(e) Specify the legal disabilities to which the person is
  264  subject; and
  265         6.(f) State the name of the proposed guardian advocate, the
  266  relationship of that person to the person with a developmental
  267  disability; the relationship that the proposed guardian advocate
  268  had or has with a provider of health care services, residential
  269  services, or other services to the person with a developmental
  270  disability; and the reason why this person should be appointed.
  271  The petition must also state if a willing and qualified guardian
  272  advocate cannot be located, the petition shall so state.
  273         (b)A petition to appoint a guardian advocate may include a
  274  request for periodic payments from either or both parents of the
  275  person with a developmental disability for the support, care,
  276  maintenance, education, or other needs of that person pursuant
  277  to chapter 61.1255. Nothing in this section shall be construed
  278  to confer any obligation or duty for a guardian advocate to
  279  pursue support for the person with a developmental disability.
  280         Section 7. Subsection (1) of section 742.031, Florida
  281  Statutes, is amended to read:
  282         742.031 Hearings; court orders for support, hospital
  283  expenses, and attorney attorney’s fee.—
  284         (1) Hearings for the purpose of establishing or refuting
  285  the allegations of the complaint and answer must shall be held
  286  in the chambers and may be restricted to persons, in addition to
  287  the parties involved and their counsel, as the judge in his or
  288  her discretion may direct. The court shall determine the issues
  289  of paternity of the child and the ability of the parents to
  290  support the child. Each party’s social security number must
  291  shall be recorded in the file containing the adjudication of
  292  paternity. If the court finds that the alleged father is the
  293  father of the child, it must shall so order. If appropriate, the
  294  court may shall order the father to pay the complainant, her
  295  guardian, or any other person assuming responsibility for the
  296  child moneys sufficient to pay reasonable attorney attorney’s
  297  fees, hospital or medical expenses, cost of confinement, and any
  298  other expenses incident to the birth of the child and to pay all
  299  costs of the proceeding. Bills for pregnancy, childbirth, and
  300  scientific testing are admissible as evidence without requiring
  301  third-party foundation testimony, and shall constitute prima
  302  facie evidence of amounts incurred for such services or for
  303  testing on behalf of the child. The court shall order either or
  304  both parents owing a duty of support to the child to pay support
  305  under chapter 61 pursuant to s. 61.30. The court must shall
  306  issue, upon motion by a party, a temporary order requiring child
  307  support for a minor child under pursuant to s. 61.30 pending an
  308  administrative or judicial determination of parentage, if there
  309  is clear and convincing evidence of paternity on the basis of
  310  genetic tests or other evidence. The court may also make a
  311  determination of an appropriate parenting plan, including a
  312  time-sharing schedule, in accordance with chapter 61.
  313         Section 8. Section 742.06, Florida Statutes, is amended to
  314  read:
  315         742.06 Jurisdiction retained for future orders.—The court
  316  shall retain jurisdiction of the cause for the purpose of
  317  entering such other and further orders as changing circumstances
  318  of the parties may in justice and equity require. Modifications
  319  of child support and time-sharing are determined under chapter
  320  61.
  321         Section 9. Section 744.1013, Florida Statutes, is created
  322  to read:
  323         744.1013 Jurisdiction for support claims.—The court has
  324  jurisdiction over claims for support of a dependent adult child
  325  as defined in s. 61.1255 and shall adjudicate the financial
  326  obligation, including health insurance, of the dependent adult
  327  child’s parents and enforce the financial obligation as provided
  328  in chapter 61. All support required to be paid in relation to a
  329  dependent adult child over the age of 18 must be paid to the
  330  dependent adult child or his or her court-appointed guardian
  331  advocate, guardian, or agent under a durable power of attorney.
  332  However, the court may irrevocably assign the support to a
  333  special needs trust under 42 U.S.C. s. 1396p(d)(4) or to a
  334  pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for
  335  the dependent adult child by the dependent adult child, his or
  336  her agent under a durable power of attorney, the court, a parent
  337  or grandparent, a guardian, or a guardian advocate who has been
  338  delegated those rights in order to maintain the dependent adult
  339  child’s means-based government benefits. Any order for support
  340  entered in a proceeding under this chapter or chapter 393
  341  supersedes any support order entered under chapter 61.
  342         Section 10. Subsection (4) of section 744.3021, Florida
  343  Statutes, is amended to read:
  344         744.3021 Guardians of minors.—
  345         (4) If a petition is filed under pursuant to this section
  346  requesting appointment of a guardian for a minor who is the
  347  subject of any proceeding under chapter 39 or chapter 61 and who
  348  is aged 17 years and 6 months or older, the court division with
  349  jurisdiction over guardianship matters has jurisdiction over the
  350  proceedings under s. 744.331. The alleged incapacitated minor
  351  under this subsection must shall be provided all the due process
  352  rights conferred upon an alleged incapacitated adult under
  353  pursuant to this chapter and applicable court rules. The order
  354  of adjudication under s. 744.331 and the letters of limited or
  355  plenary guardianship may issue upon the minor’s 18th birthday or
  356  as soon thereafter as possible. Any proceeding under pursuant to
  357  this subsection must shall be conducted separately from any
  358  other proceeding.
  359         Section 11. Section 744.422, Florida Statutes, is created
  360  to read:
  361         744.422 Petition for child support for a dependent adult
  362  child.—Pursuant to s. 61.1255, a guardian may petition the court
  363  for an order requiring either or both parents to pay periodic
  364  amounts for the support, care, maintenance, education, and any
  365  other needs of a dependent adult child if not otherwise provided
  366  for in the guardianship plan. The amount of support is
  367  determined pursuant to s. 61.31. Nothing in this section shall
  368  be construed to confer any obligation or duty for a guardian to
  369  pursue support on behalf of a ward.
  370         Section 12. This act shall take effect July 1, 2023.
  371  
  372  ================= T I T L E  A M E N D M E N T ================
  373  And the title is amended as follows:
  374         Delete everything before the enacting clause
  375  and insert:
  376                        A bill to be entitled                      
  377         An act relating to support for dependent adult
  378         children; creating s. 61.1255, F.S.; providing
  379         legislative intent; defining the term “dependent adult
  380         child”; requiring that certain rights of the parents
  381         of a dependent adult child be established in a
  382         guardianship proceeding; specifying that a
  383         guardianship is not necessary for certain actions of
  384         the court; specifying individuals who may file a suit
  385         to establish support for a dependent adult child;
  386         specifying a timeframe during which such suits may be
  387         filed; providing an exception; specifying procedures
  388         for establishing support; specifying who may receive
  389         such support before and after the dependent adult
  390         child reaches the age of 18; providing construction;
  391         authorizing the court to assign support to certain
  392         trusts established for a dependent adult child;
  393         prohibiting the Department of Revenue from filing
  394         petitions to establish, modify, or enforce certain
  395         support orders; amending s. 61.13, F.S.; conforming a
  396         provision to changes made by the act; specifying that
  397         a child support order does not terminate on the
  398         child’s 18th birthday in certain circumstances;
  399         specifying that a court may modify a child support
  400         order for adult children in certain circumstances;
  401         authorizing either parent to consent to mental health
  402         treatment for a child in certain circumstances unless
  403         stated otherwise in the parenting plan; amending s.
  404         61.29, F.S.; providing that child support guidelines
  405         do not apply to certain cases; amending s. 61.30,
  406         F.S.; conforming a provision to changes made by the
  407         act; creating s. 61.31, F.S.; providing factors a
  408         court must consider when determining the amount of
  409         child support for a dependent adult child; authorizing
  410         a court to assign support to certain trusts
  411         established for a dependent adult child for a
  412         specified purpose; requiring the court to consider
  413         certain state and federal programs and benefits when
  414         making its decisions; prohibiting the court from
  415         ordering support which will cause ineligibility for
  416         certain programs; specifying that no obligations or
  417         duties are conferred on guardian advocates to provide
  418         support; amending s. 393.12, F.S.; providing an
  419         additional circumstance under which a guardian
  420         advocate must be represented by an attorney in
  421         guardianship proceedings; specifying that petitions to
  422         appoint a guardian advocate for a person with
  423         disabilities may include certain requests for support
  424         from the person’s parents; amending ss. 742.031 and
  425         742.06, F.S.; conforming provisions to changes made by
  426         the act; creating s. 744.1013, F.S.; assigning
  427         jurisdiction over petitions for support of dependent
  428         adult children to the guardianship court; specifying
  429         who may receive such support for dependent adult
  430         children over the age of 18; authorizing a court to
  431         assign support to certain trusts established for a
  432         dependent adult child for a specified purpose;
  433         specifying that such support orders supersede any
  434         orders entered under certain other provisions;
  435         amending s. 744.3021, F.S.; conforming provisions to
  436         changes made by the act; creating s. 744.422, F.S.;
  437         authorizing a guardian of a dependent adult child to
  438         petition the court for certain support payments from
  439         the dependent adult child’s parents in certain
  440         circumstances; specifying that the amount of such
  441         support is determined pursuant to certain provisions;
  442         specifying that no obligations or duties are conferred
  443         on guardians to provide support; providing an
  444         effective date.