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CS/CS/HB 755 — Courts

by Judiciary Committee; Civil Justice Subcommittee; and Rep. Steube (CS/SB 104 by Judiciary Committee; and Senator Soto)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Judiciary Committee (JU)

Child Support

This bill allows a court to deviate from the minimum amount of child support required under child support guidelines based on a child’s visitation with a parent or the time-sharing schedule exercised by the parents.

Judicial Notice

Florida law authorizes a court to take judicial notice or admit into evidence certain rules and records without requiring a proponent to prove their admissibility. These records include Acts of Congress, statutes, and court records. The use of judicial notice generally requires advance notice to the parties.

This bill authorizes courts to take judicial notice of any court record of other courts when imminent danger is alleged in family cases in which domestic violence is an issue. The exigency of the situation waives the requirement that the court provide advance notice to the parties and an opportunity for a hearing. Notice must instead be provided within 2 business days after the court takes judicial notice.

The Florida Supreme Court and Admission into The Florida Bar

Federal law precludes aliens who are not lawfully present in the United States from receiving certain public benefits including a professional license unless the benefit is authorized by a state statute.

This bill authorizes the Florida Supreme Court to admit an unauthorized immigrant into The Florida Bar, if the applicant:

  • Was brought to the United States as a minor;
  • Was present in the United States for more than 10 years;
  • Has fulfilled all requirements for admission to practice law;
  • Has written authorization for employment from the United States Citizenship and Immigration Services;
  • Has a social security number; and
  • Has registered with the Selective Service System, if the applicant is male.

If approved by the Governor, these provisions take effect upon becoming law.

Vote: Senate 26-7; House 79-37