Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. CS for SB 226
Ì897670?Î897670
LEGISLATIVE ACTION
Senate . House
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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.