Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 718
       
       
       
       
       
       
                                Barcode 432516                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2013           .                                
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       The Committee on Rules (Lee) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 61.071, Florida Statutes, is amended to
    6  read:
    7         61.071 Alimony pendente lite; suit money.—In every
    8  proceeding for dissolution of the marriage, a party may claim
    9  alimony and suit money in the petition or by motion, and if the
   10  petition is well founded, the court shall allow alimony
   11  calculated in accordance with s. 61.08 and a reasonable sum of
   12  suit money therefor. If a party in any proceeding for
   13  dissolution of marriage claims alimony or suit money in his or
   14  her answer or by motion, and the answer or motion is well
   15  founded, the court shall allow alimony calculated in accordance
   16  with s. 61.08 and a reasonable sum of suit money therefor.
   17         Section 2. Paragraph (a) of subsection (6) and subsection
   18  (10) of section 61.075, Florida Statutes, are amended to read:
   19         61.075 Equitable distribution of marital assets and
   20  liabilities.—
   21         (6) As used in this section:
   22         (a)1. “Marital assets and liabilities” include:
   23         a. Assets acquired and liabilities incurred during the
   24  marriage, individually by either spouse or jointly by them.
   25         b. The enhancement in value and appreciation of nonmarital
   26  assets resulting either from the efforts of either party during
   27  the marriage or from the contribution to or expenditure thereon
   28  of marital funds or other forms of marital assets, or both.
   29         c. The paydown of principal of a note and mortgage secured
   30  by nonmarital real property and a portion of any passive
   31  appreciation in the property, if the note and mortgage secured
   32  by the property are paid down from marital funds during the
   33  marriage. The portion of passive appreciation in the property
   34  characterized as marital and subject to equitable distribution
   35  shall be determined by multiplying a coverture fraction by the
   36  passive appreciation in the property during the marriage.
   37         (I) The passive appreciation shall be determined by
   38  subtracting the gross value of the property on the date of the
   39  marriage or the date of acquisition of the property, whichever
   40  is later, from the value of the property on the valuation date
   41  in the dissolution action, less any active appreciation of the
   42  property during the marriage, pursuant to sub-subparagraph b.,
   43  and less any additional encumbrances secured by the property
   44  during the marriage in excess of the first note and mortgage on
   45  which principal is paid from marital funds.
   46         (II) The coverture fraction shall consist of a numerator,
   47  defined as the total paydown of principal from marital funds of
   48  all notes and mortgages secured by the property during the
   49  marriage, and a denominator, defined as the value of the subject
   50  real property on the date of the marriage, the date of
   51  acquisition of the property, or the date the property was
   52  encumbered by the first note and mortgage on which principal was
   53  paid from marital funds, whichever is later.
   54         (III) The passive appreciation shall be multiplied by the
   55  coverture fraction to determine the marital portion of the
   56  passive appreciation in the property.
   57         (IV) The total marital portion of the property shall
   58  consist of the marital portion of the passive appreciation,
   59  pursuant to subparagraph 3., the mortgage principal paid during
   60  the marriage from marital funds, and any active appreciation of
   61  the property, pursuant to sub-subparagraph b., not to exceed the
   62  total net equity in the property at the date of valuation.
   63         (V) The court shall apply this formula unless a party shows
   64  circumstances sufficient to establish that application of the
   65  formula would be inequitable under the facts presented.
   66         d.c. Interspousal gifts during the marriage.
   67         e.d. All vested and nonvested benefits, rights, and funds
   68  accrued during the marriage in retirement, pension, profit
   69  sharing, annuity, deferred compensation, and insurance plans and
   70  programs.
   71         2. All real property held by the parties as tenants by the
   72  entireties, whether acquired prior to or during the marriage,
   73  shall be presumed to be a marital asset. If, in any case, a
   74  party makes a claim to the contrary, the burden of proof shall
   75  be on the party asserting the claim that the subject property,
   76  or some portion thereof, is nonmarital.
   77         3. All personal property titled jointly by the parties as
   78  tenants by the entireties, whether acquired prior to or during
   79  the marriage, shall be presumed to be a marital asset. In the
   80  event a party makes a claim to the contrary, the burden of proof
   81  shall be on the party asserting the claim that the subject
   82  property, or some portion thereof, is nonmarital.
   83         4. The burden of proof to overcome the gift presumption
   84  shall be by clear and convincing evidence.
   85         (10)(a) To do equity between the parties, the court may, in
   86  lieu of or to supplement, facilitate, or effectuate the
   87  equitable division of marital assets and liabilities, order a
   88  monetary payment in a lump sum or in installments paid over a
   89  fixed period of time.
   90         (b)If installment payments are ordered, the court may
   91  require security and a reasonable rate of interest, or otherwise
   92  recognize the time value of money in determining the amount of
   93  the installments. If security or interest is required, the court
   94  shall make written findings relating to any deferred payments,
   95  the amount of any security required, and the interest. This
   96  subsection does not preclude the application of chapter 55 to
   97  any subsequent default.
   98         Section 3. Section 61.08, Florida Statutes, is amended to
   99  read:
  100         61.08 Alimony.—
  101         (1)As used in this section, the term:
  102         (a)“Alimony” means a court-ordered payment of support by
  103  an obligor spouse to an obligee spouse.
  104         (b)“Long-term marriage” means a marriage having a duration
  105  of 20 years or more, as measured from the date of the marriage
  106  to the date of filing the petition for dissolution.
  107         (c)“Mid-term marriage” means a marriage having a duration
  108  of more than 12 years but less than 20 years, as measured from
  109  the date of the marriage to the date of filing the petition for
  110  dissolution.
  111         (d)“Net income” means net income as determined in
  112  accordance with s. 61.30.
  113         (e)“Short-term marriage” means a marriage having a
  114  duration equal to or less than 12 years, as measured from the
  115  date of the marriage to the date of filing the petition for
  116  dissolution.
  117         (2)(a)(1) In a proceeding for dissolution of marriage, the
  118  court may grant alimony to either party in the form of, which
  119  alimony may be bridge-the-gap, rehabilitative, or durational
  120  alimony, or a permanent in nature or any combination of these
  121  forms of alimony, but shall prioritize an award of bridge-the
  122  gap alimony, followed by rehabilitative alimony, over any other
  123  form of alimony. In an any award of alimony, the court may order
  124  periodic payments, or payments in lump sum, or both.
  125         (b)The court shall make written findings regarding the
  126  basis for awarding a combination of forms of alimony, including
  127  the type of alimony and the length of time for which it is
  128  awarded. The court may award only a combination of forms of
  129  alimony to provide greater economic assistance in order to allow
  130  the recipient to achieve rehabilitation.
  131         (c) The court may consider the adultery of either party
  132  spouse and the circumstances thereof in determining the amount
  133  of alimony, if any, to be awarded.
  134         (d) In all dissolution actions, the court shall include
  135  written findings of fact relative to the factors enumerated in
  136  subsection (3) (2) supporting an award or denial of alimony.
  137         (3)(2)The party seeking alimony has the burden of proof of
  138  demonstrating a need for alimony in accordance with subsection
  139  (8) and that the other party has the ability to pay alimony. In
  140  determining whether to award alimony or maintenance, the court
  141  shall first make, in writing, a specific factual determination
  142  as to whether the other either party has an actual need for
  143  alimony or maintenance and whether either party has the ability
  144  to pay alimony or maintenance. If the court finds that the a
  145  party seeking alimony has met its burden of proof in
  146  demonstrating a need for alimony or maintenance and that the
  147  other party has the ability to pay alimony or maintenance, then
  148  in determining the proper type and amount of alimony or
  149  maintenance under subsections (5)-(9) (5)-(8), the court shall
  150  consider all relevant factors, including, but not limited to:
  151         (a)The standard of living established during the marriage.
  152         (a)(b) The duration of the marriage.
  153         (b)(c) The age and the physical and emotional condition of
  154  each party.
  155         (c)(d) The financial resources of each party, including the
  156  portion of nonmarital assets that were relied upon by the
  157  parties during the marriage and the marital assets and
  158  liabilities distributed to each.
  159         (d)(e) The earning capacities, educational levels,
  160  vocational skills, and employability of the parties and, when
  161  applicable, the time necessary for either party to acquire
  162  sufficient education or training to enable such party to find
  163  appropriate employment.
  164         (e)(f) The contribution of each party to the marriage,
  165  including, but not limited to, services rendered in homemaking,
  166  child care, education, and career building of the other party.
  167         (f)(g) The responsibilities each party will have with
  168  regard to any minor children that the parties they have in
  169  common.
  170         (g)(h) The tax treatment and consequences to both parties
  171  of an any alimony award, which must be consistent with
  172  applicable state and federal tax laws and may include including
  173  the designation of all or a portion of the payment as a
  174  nontaxable, nondeductible payment.
  175         (h)(i) All sources of income available to either party,
  176  including income available to either party through investments
  177  of any asset held by that party which was acquired during the
  178  marriage or acquired outside the marriage and relied upon during
  179  the marriage.
  180         (i)The needs and necessities of life after dissolution of
  181  marriage, taking into account the lifestyle of the parties
  182  during the marriage but subject to the presumption in paragraph
  183  (j).
  184         (j)The net income and standard of living available to each
  185  party after the application of the alimony award. There is a
  186  rebuttable presumption that both parties will have a lower
  187  standard of living after the dissolution of marriage than the
  188  standard of living they enjoyed during the marriage. This
  189  presumption may be overcome by a preponderance of the evidence.
  190         (k)(j) Any other factor necessary to do equity and justice
  191  between the parties, if that factor is specifically identified
  192  in the award with findings of fact justifying the application of
  193  the factor.
  194         (4)(3) To the extent necessary to protect an award of
  195  alimony, the court may order any party who is ordered to pay
  196  alimony to purchase or maintain a life insurance policy that may
  197  be decreasing or another form of term life insurance at the
  198  option of the obligor or a bond, or to otherwise secure such
  199  alimony award with any other assets that which may be suitable
  200  for that purpose, in an amount adequate to secure the alimony
  201  award. Any such security may be awarded only upon a showing of
  202  special circumstances. If the court finds special circumstances
  203  and awards such security, the court must make specific
  204  evidentiary findings regarding the availability, cost, and
  205  financial impact on the obligated party. Any security may be
  206  modifiable in the event that the underlying alimony award is
  207  modified and shall be reduced in an amount commensurate with any
  208  reduction in the alimony award.
  209         (4)For purposes of determining alimony, there is a
  210  rebuttable presumption that a short-term marriage is a marriage
  211  having a duration of less than 7 years, a moderate-term marriage
  212  is a marriage having a duration of greater than 7 years but less
  213  than 17 years, and long-term marriage is a marriage having a
  214  duration of 17 years or greater. The length of a marriage is the
  215  period of time from the date of marriage until the date of
  216  filing of an action for dissolution of marriage.
  217         (5) Bridge-the-gap alimony may be awarded to assist a party
  218  by providing support to allow the party to make a transition
  219  from being married to being single. Bridge-the-gap alimony is
  220  designed to assist a party with legitimate identifiable short
  221  term needs, and the length of an award may not exceed 2 years.
  222  An award of bridge-the-gap alimony terminates upon the death of
  223  either party or upon the remarriage of the party receiving
  224  alimony. An award of bridge-the-gap alimony is shall not be
  225  modifiable in amount or duration.
  226         (6)(a) Rehabilitative alimony may be awarded to assist a
  227  party in establishing the capacity for self-support through
  228  either:
  229         1. The redevelopment of previous skills or credentials; or
  230         2. The acquisition of education, training, or work
  231  experience necessary to develop appropriate employment skills or
  232  credentials.
  233         (b) In order to award rehabilitative alimony, there must be
  234  a specific and defined rehabilitative plan which shall be
  235  included as a part of any order awarding rehabilitative alimony.
  236         (c) An award of rehabilitative alimony may be modified or
  237  terminated only during the rehabilitative period in accordance
  238  with s. 61.14 based upon a substantial change in circumstances,
  239  upon noncompliance with the rehabilitative plan, or upon
  240  completion of the rehabilitative plan.
  241         (7) Durational alimony may be awarded when permanent
  242  periodic alimony is inappropriate. The purpose of durational
  243  alimony is to provide a party with economic assistance for a set
  244  period of time following a short-term, mid-term, or long-term
  245  marriage of short or moderate duration or following a marriage
  246  of long duration if there is no ongoing need for support on a
  247  permanent basis. When awarding durational alimony, the court
  248  must make written findings that an award of another form of
  249  alimony or a combination of the other forms of alimony is not
  250  appropriate. An award of durational alimony terminates upon the
  251  death of either party or upon the remarriage of the party
  252  receiving alimony. The amount of an award of durational alimony
  253  shall may be modified or terminated based upon a substantial
  254  change in circumstances or upon the existence of a supportive
  255  relationship in accordance with s. 61.14. However, The length of
  256  an award of durational alimony may not be modified except under
  257  exceptional circumstances and may not exceed 50 percent of the
  258  length of the marriage, unless the party seeking alimony proves
  259  by a preponderance of the evidence the circumstances justifying
  260  the need for a longer award of alimony, which circumstances must
  261  be set out in writing by the court the length of the marriage.
  262         (8)(a) There is a rebuttable presumption against awarding
  263  alimony for a short-term marriage. A party seeking bridge-the
  264  gap or rehabilitative alimony may overcome this presumption by
  265  demonstrating by a preponderance of the evidence a need for
  266  alimony. A party seeking durational alimony may overcome this
  267  presumption by demonstrating by clear and convincing evidence a
  268  need for alimony. If the court finds that the party has met its
  269  burden in demonstrating a need for alimony and that the other
  270  party has the ability to pay alimony, the court shall determine
  271  a monthly award of alimony that may not exceed 20 percent of the
  272  obligor’s monthly income.
  273         (b) There is no presumption in favor of either party to an
  274  award of alimony for a mid-term marriage. A party seeking such
  275  alimony must prove by a preponderance of the evidence a need for
  276  alimony. If the court finds that the party has met its burden in
  277  demonstrating a need for alimony and that the other party has
  278  the ability to pay alimony, the court shall determine a monthly
  279  alimony obligation that may not exceed 30 percent of the
  280  obligor’s monthly income.
  281         (c) There is a rebuttable presumption in favor of awarding
  282  alimony for a long-term marriage. A party against whom alimony
  283  is sought may overcome this presumption by demonstrating by
  284  clear and convincing evidence that there is no need for alimony.
  285  If the court finds that the party against whom alimony is sought
  286  fails to meet its burden to demonstrate that there is no need
  287  for alimony and that the party has the ability to pay alimony,
  288  the court shall determine a monthly alimony obligation that may
  289  not exceed 33 percent of the obligor’s monthly income.
  290         (9) The court may order alimony exceeding the monthly
  291  income limits established in subsection (8) if the court
  292  determines, in accordance with the factors in subsection (3),
  293  that there is a need for additional alimony, which determination
  294  must be set out in writing Permanent alimony may be awarded to
  295  provide for the needs and necessities of life as they were
  296  established during the marriage of the parties for a party who
  297  lacks the financial ability to meet his or her needs and
  298  necessities of life following a dissolution of marriage.
  299  Permanent alimony may be awarded following a marriage of long
  300  duration if such an award is appropriate upon consideration of
  301  the factors set forth in subsection (2), following a marriage of
  302  moderate duration if such an award is appropriate based upon
  303  clear and convincing evidence after consideration of the factors
  304  set forth in subsection (2), or following a marriage of short
  305  duration if there are written findings of exceptional
  306  circumstances. In awarding permanent alimony, the court shall
  307  include a finding that no other form of alimony is fair and
  308  reasonable under the circumstances of the parties. An award of
  309  permanent alimony terminates upon the death of either party or
  310  upon the remarriage of the party receiving alimony. An award may
  311  be modified or terminated based upon a substantial change in
  312  circumstances or upon the existence of a supportive relationship
  313  in accordance with s. 61.14.
  314         (10) A party against whom alimony is sought who has met the
  315  requirements for retirement in accordance with s. 61.14(12)
  316  before the filing of the petition for dissolution is not
  317  required to pay alimony unless the party seeking alimony proves
  318  by clear and convincing evidence the other party has the ability
  319  to pay alimony, in addition to all other requirements of this
  320  section.
  321         (11)(9)Notwithstanding any other provision of law, alimony
  322  may not be awarded to a party who has a monthly net income that
  323  is equal to or more than the other party. Except in the case of
  324  a long-term marriage, in awarding alimony, the court shall
  325  impute income to the obligor and obligee as follows:
  326         (a) In the case of the obligor, social security retirement
  327  benefits may not be imputed to the obligor, as demonstrated by a
  328  social security retirement benefits entitlement letter.
  329         (b) In the case of the obligee, if the obligee:
  330         1. Is unemployed at the time the petition is filed and has
  331  been unemployed for less than 1 year before the time of the
  332  filing of the petition, the obligee’s monthly net income shall
  333  be imputed at 90 percent of the obligee’s prior monthly net
  334  income.
  335         2. Is unemployed at the time the petition is filed and has
  336  been unemployed for at least 1 year but less than 2 years before
  337  the time of the filing of the petition, the obligee’s monthly
  338  net income shall be imputed at 80 percent of the obligee’s prior
  339  monthly net income.
  340         3. Is unemployed at the time the petition is filed and has
  341  been unemployed for at least 2 years but less than 3 years
  342  before the time of the filing of the petition, the obligee’s
  343  monthly net income shall be imputed at 70 percent of the
  344  obligee’s prior monthly net income.
  345         4. Is unemployed at the time the petition is filed and has
  346  been unemployed for at least 3 years but less than 4 years
  347  before the time of the filing of the petition, the obligee’s
  348  monthly net income shall be imputed at 60 percent of the
  349  obligee’s prior monthly net income.
  350         5. Is unemployed at the time the petition is filed and has
  351  been unemployed for at least 4 years but less than 5 years
  352  before the time of the filing of the petition, the obligee’s
  353  monthly net income shall be imputed at 50 percent of the
  354  obligee’s prior monthly net income.
  355         6. Is unemployed at the time the petition is filed and has
  356  been unemployed for at least 5 years before the time of the
  357  filing of the petition, the obligee’s monthly net income shall
  358  be imputed at 40 percent of the obligee’s prior monthly net
  359  income, or the monthly net income of a minimum wage earner at
  360  the time of the filing of the petition, whichever is greater.
  361         7. Proves by a preponderance of the evidence that he or she
  362  does not have the ability to earn the imputed income through
  363  reasonable means, the court shall reduce the imputation of
  364  income specified in this paragraph. If the obligee alleges that
  365  a physical disability has impaired his or her ability to earn
  366  the imputed income, such disability must meet the definition of
  367  disability as determined by the Social Security Administration.
  368  The award of alimony may not leave the payor with significantly
  369  less net income than the net income of the recipient unless
  370  there are written findings of exceptional circumstances.
  371         (12)(a)(10)(a) With respect to any order requiring the
  372  payment of alimony entered on or after January 1, 1985, unless
  373  the provisions of paragraph (c) or paragraph (d) applies apply,
  374  the court shall direct in the order that the payments of alimony
  375  be made through the appropriate depository as provided in s.
  376  61.181.
  377         (b) With respect to any order requiring the payment of
  378  alimony entered before January 1, 1985, upon the subsequent
  379  appearance, on or after that date, of one or both parties before
  380  the court having jurisdiction for the purpose of modifying or
  381  enforcing the order or in any other proceeding related to the
  382  order, or upon the application of either party, unless the
  383  provisions of paragraph (c) or paragraph (d) applies apply, the
  384  court shall modify the terms of the order as necessary to direct
  385  that payments of alimony be made through the appropriate
  386  depository as provided in s. 61.181.
  387         (c) If there is no minor child, alimony payments need not
  388  be directed through the depository.
  389         (d)1. If there is a minor child of the parties and both
  390  parties so request, the court may order that alimony payments
  391  need not be directed through the depository. In this case, the
  392  order of support must shall provide, or be deemed to provide,
  393  that either party may subsequently apply to the depository to
  394  require that payments be made through the depository. The court
  395  shall provide a copy of the order to the depository.
  396         2. If the provisions of subparagraph 1. applies apply,
  397  either party may subsequently file with the depository an
  398  affidavit alleging default or arrearages in payment and stating
  399  that the party wishes to initiate participation in the
  400  depository program. The party shall provide copies of the
  401  affidavit to the court and the other party or parties. Fifteen
  402  days after receipt of the affidavit, the depository shall notify
  403  all parties that future payments shall be directed to the
  404  depository.
  405         3. In IV-D cases, the IV-D agency has shall have the same
  406  rights as the obligee in requesting that payments be made
  407  through the depository.
  408         Section 4. Section 61.09, Florida Statutes, is amended to
  409  read:
  410         61.09 Alimony and child support unconnected with
  411  dissolution.—If a person having the ability to contribute to the
  412  maintenance of his or her spouse and support of his or her minor
  413  child fails to do so, the spouse who is not receiving support
  414  may apply to the court for alimony and for support for the child
  415  without seeking dissolution of marriage, and the court shall
  416  enter an order as it deems just and proper. Alimony awarded
  417  under this section shall be calculated in accordance with s.
  418  61.08.
  419         Section 5. Paragraph (c) of subsection (2) of section
  420  61.13, Florida Statutes, is amended to read:
  421         61.13 Support of children; parenting and time-sharing;
  422  powers of court.—
  423         (2)
  424         (c) The court shall determine all matters relating to
  425  parenting and time-sharing of each minor child of the parties in
  426  accordance with the best interests of the child and in
  427  accordance with the Uniform Child Custody Jurisdiction and
  428  Enforcement Act, except that modification of a parenting plan
  429  and time-sharing schedule requires a showing of a substantial,
  430  material, and unanticipated change of circumstances.
  431         1. It is the public policy of this state that each minor
  432  child has frequent and continuing contact with both parents
  433  after the parents separate or the marriage of the parties is
  434  dissolved and to encourage parents to share the rights and
  435  responsibilities, and joys, of childrearing. There is no
  436  presumption for or against the father or mother of the child or
  437  for or against any specific time-sharing schedule when creating
  438  or modifying the parenting plan of the child. Equal time-sharing
  439  with a minor child by both parents is in the best interest of
  440  the child unless the court finds that:
  441         a. The safety, well-being, and physical, mental, and
  442  emotional health of the child would be endangered by equal time
  443  sharing, that visitation would be presumed detrimental
  444  consistent with s. 39.0139(3), or that supervised visitation is
  445  appropriate, if any is appropriate;
  446         b. Clear and convincing evidence of extenuating
  447  circumstances justify a departure from equal time-sharing and
  448  the court makes written findings justifying the departure from
  449  equal time-sharing;
  450         c. A parent is incarcerated;
  451         d. The distance between parental residences makes equal
  452  time-sharing impracticable;
  453         e. A parent does not request at least 50-percent time
  454  sharing;
  455         f.A permanent injunction has been entered or is warranted
  456  against a parent or household member relating to contact between
  457  the subject of the injunction and the parent or household
  458  member; or
  459         g. Domestic violence, as defined in s. 741.28, has
  460  occurred.
  461         2. The court shall order that the parental responsibility
  462  for a minor child be shared by both parents unless the court
  463  finds that shared parental responsibility would be detrimental
  464  to the child. Evidence that a parent has been convicted of a
  465  misdemeanor of the first degree or higher involving domestic
  466  violence, as defined in s. 741.28 and chapter 775, or meets the
  467  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
  468  detriment to the child. If the presumption is not rebutted after
  469  the convicted parent is advised by the court that the
  470  presumption exists, shared parental responsibility, including
  471  time-sharing with the child, and decisions made regarding the
  472  child, may not be granted to the convicted parent. However, the
  473  convicted parent is not relieved of any obligation to provide
  474  financial support. If the court determines that shared parental
  475  responsibility would be detrimental to the child, it may order
  476  sole parental responsibility and make such arrangements for
  477  time-sharing as specified in the parenting plan as will best
  478  protect the child or abused spouse from further harm. Whether or
  479  not there is a conviction of any offense of domestic violence or
  480  child abuse or the existence of an injunction for protection
  481  against domestic violence, the court shall consider evidence of
  482  domestic violence or child abuse as evidence of detriment to the
  483  child.
  484         a. In ordering shared parental responsibility, the court
  485  may consider the expressed desires of the parents and may grant
  486  to one party the ultimate responsibility over specific aspects
  487  of the child’s welfare or may divide those responsibilities
  488  between the parties based on the best interests of the child.
  489  Areas of responsibility may include education, health care, and
  490  any other responsibilities that the court finds unique to a
  491  particular family.
  492         b. The court shall order sole parental responsibility for a
  493  minor child to one parent, with or without time-sharing with the
  494  other parent if it is in the best interests of the minor child.
  495         3. Access to records and information pertaining to a minor
  496  child, including, but not limited to, medical, dental, and
  497  school records, may not be denied to either parent. Full rights
  498  under this subparagraph apply to either parent unless a court
  499  order specifically revokes these rights, including any
  500  restrictions on these rights as provided in a domestic violence
  501  injunction. A parent having rights under this subparagraph has
  502  the same rights upon request as to form, substance, and manner
  503  of access as are available to the other parent of a child,
  504  including, without limitation, the right to in-person
  505  communication with medical, dental, and education providers.
  506         Section 6. The amendments made by this act to s. 61.13,
  507  Florida Statutes, providing for equal time-sharing, apply
  508  prospectively to initial final custody orders made on or after
  509  July 1, 2013. The amendments do not constitute a substantial
  510  change in circumstances that warrant the modification of a final
  511  custody order entered before July 1, 2013.
  512         Section 7. Subsection (1) of section 61.14, Florida
  513  Statutes, is amended, paragraphs (c) and (d) are added to
  514  subsection (11) of that section, and subsection (12) is added to
  515  that section, to read:
  516         61.14 Enforcement and modification of support, maintenance,
  517  or alimony agreements or orders.—
  518         (1)(a) When the parties enter into an agreement for
  519  payments for, or instead of, support, maintenance, or alimony,
  520  whether in connection with a proceeding for dissolution or
  521  separate maintenance or with any voluntary property settlement,
  522  or when a party is required by court order to make any payments,
  523  and the circumstances or the financial ability of either party
  524  changes or the child who is a beneficiary of an agreement or
  525  court order as described herein reaches majority after the
  526  execution of the agreement or the rendition of the order, either
  527  party may apply to the circuit court of the circuit in which the
  528  parties, or either of them, resided at the date of the execution
  529  of the agreement or reside at the date of the application, or in
  530  which the agreement was executed or in which the order was
  531  rendered, for an order terminating, decreasing, or increasing
  532  the amount of support, maintenance, or alimony, and the court
  533  has jurisdiction to make orders as equity requires, with due
  534  regard to the changed circumstances or the financial ability of
  535  the parties or the child, decreasing, increasing, or confirming
  536  the amount of separate support, maintenance, or alimony provided
  537  for in the agreement or order. A finding that medical insurance
  538  is reasonably available or the child support guidelines schedule
  539  in s. 61.30 may constitute changed circumstances. Except as
  540  otherwise provided in s. 61.30(11)(c), the court may modify an
  541  order of support, maintenance, or alimony by terminating,
  542  increasing, or decreasing the support, maintenance, or alimony
  543  retroactively to the date of the filing of the action or
  544  supplemental action for modification as equity requires, giving
  545  due regard to the changed circumstances or the financial ability
  546  of the parties or the child.
  547         (b)1. If the court has determined that an existing alimony
  548  award as determined by the court at the time of dissolution is
  549  insufficient to meet the needs of the obligee, and that such
  550  need continues to exist, an alimony order shall be modified
  551  upward upon a showing by clear and convincing evidence of a
  552  permanently increased ability to pay alimony. Clear and
  553  convincing evidence must include, but need not be limited to,
  554  federal tax returns. An increase in an obligor’s income may not
  555  be considered permanent in nature unless the increase has been
  556  maintained without interruption for at least 2 years, taking
  557  into account the obligor’s ability to sustain his or her income.
  558         2.1.Notwithstanding subparagraph 1., the court shall may
  559  reduce or terminate an award of alimony upon specific written
  560  findings by the court that since the granting of a divorce and
  561  the award of alimony, a supportive relationship has existed
  562  between the obligee and another a person, except upon a showing
  563  by clear and convincing evidence by the obligee that his or her
  564  long-term need for alimony, taking into account the totality of
  565  the circumstances, has not been reduced by the supportive
  566  relationship with whom the obligee resides. On the issue of
  567  whether alimony should be reduced or terminated under this
  568  paragraph, the burden is on the obligor to prove by a
  569  preponderance of the evidence that a supportive relationship
  570  exists.
  571         3.2. In determining whether an existing award of alimony
  572  should be reduced or terminated because of an alleged supportive
  573  relationship between an obligee and a person who is not related
  574  by consanguinity or affinity and with whom the obligee resides,
  575  the court shall elicit the nature and extent of the relationship
  576  in question. The court shall give consideration, without
  577  limitation, to circumstances, including, but not limited to, the
  578  following, in determining the relationship of an obligee to
  579  another person:
  580         a. The extent to which the obligee and the other person
  581  have held themselves out as a married couple by engaging in
  582  conduct such as using the same last name, using a common mailing
  583  address, referring to each other in terms such as “my husband”
  584  or “my wife,” or otherwise conducting themselves in a manner
  585  that evidences a permanent supportive relationship.
  586         b. The period of time that the obligee has resided with the
  587  other person in a permanent place of abode.
  588         c. The extent to which the obligee and the other person
  589  have pooled their assets or income or otherwise exhibited
  590  financial interdependence.
  591         d. The extent to which the obligee or the other person has
  592  supported the other, in whole or in part.
  593         e. The extent to which the obligee or the other person has
  594  performed valuable services for the other.
  595         f. The extent to which the obligee or the other person has
  596  performed valuable services for the other’s company or employer.
  597         g. Whether the obligee and the other person have worked
  598  together to create or enhance anything of value.
  599         h. Whether the obligee and the other person have jointly
  600  contributed to the purchase of any real or personal property.
  601         i. Evidence in support of a claim that the obligee and the
  602  other person have an express agreement regarding property
  603  sharing or support.
  604         j. Evidence in support of a claim that the obligee and the
  605  other person have an implied agreement regarding property
  606  sharing or support.
  607         k. Whether the obligee and the other person have provided
  608  support to the children of one another, regardless of any legal
  609  duty to do so.
  610         4.3. This paragraph does not abrogate the requirement that
  611  every marriage in this state be solemnized under a license, does
  612  not recognize a common law marriage as valid, and does not
  613  recognize a de facto marriage. This paragraph recognizes only
  614  that relationships do exist that provide economic support
  615  equivalent to a marriage and that alimony terminable on
  616  remarriage may be reduced or terminated upon the establishment
  617  of equivalent equitable circumstances as described in this
  618  paragraph. The existence of a conjugal relationship, though it
  619  may be relevant to the nature and extent of the relationship, is
  620  not necessary for the application of the provisions of this
  621  paragraph.
  622         5.There is a rebuttable presumption that any modification
  623  or termination of an alimony award is retroactive to the date of
  624  the filing of the petition. In an action under this section, if
  625  it is determined that the obligee unnecessarily or unreasonably
  626  litigated the underlying petition for modification or
  627  termination, the court may award the obligor his or her
  628  reasonable attorney fees and costs pursuant to s. 61.16 and
  629  applicable case law.
  630         (c) For each support order reviewed by the department as
  631  required by s. 409.2564(11), if the amount of the child support
  632  award under the order differs by at least 10 percent but not
  633  less than $25 from the amount that would be awarded under s.
  634  61.30, the department shall seek to have the order modified and
  635  any modification shall be made without a requirement for proof
  636  or showing of a change in circumstances.
  637         (d) The department may shall have authority to adopt rules
  638  to administer implement this section.
  639         (11)
  640         (c)If the court orders alimony payable concurrent with a
  641  child support order, the alimony award may not be modified
  642  solely because of a later reduction or termination of child
  643  support payments, unless the court finds the obligor has the
  644  ability to pay the modified alimony award, the existing alimony
  645  award as determined by the court at the time of dissolution is
  646  insufficient to meet the needs of the obligee, and such need
  647  continues to exist.
  648         (d)An obligor’s subsequent remarriage or cohabitation does
  649  not constitute a basis for a modification of alimony. The income
  650  and assets of the obligor’s subsequent spouse or person with
  651  whom the obligor resides is not relevant in a modification
  652  action except under exceptional circumstances.
  653         (12)The fact that an obligor has reached a reasonable
  654  retirement age for his or her profession, has retired, and has
  655  no intent to return to work shall be considered a substantial
  656  change in circumstances as a matter of law. In determining
  657  whether the obligor’s retirement age is reasonable, the court
  658  shall consider the obligor’s:
  659         (a)Age.
  660         (b)Health.
  661         (c)Motivation for retirement.
  662         (d)Type of work.
  663         (e)Normal retirement age for that type of work.
  664  
  665  In anticipation of retirement, the obligor may file a petition
  666  for termination or modification of the alimony award effective
  667  upon the retirement date. The court shall terminate or modify
  668  the alimony award based on the circumstances of the parties
  669  after retirement of the obligor and based on the factors in s.
  670  61.08(2), unless the court makes findings of fact that a
  671  termination or modification of an alimony award is not
  672  warranted.
  673         Section 8. Section 61.19, Florida Statutes, is amended to
  674  read:
  675         61.19 Entry of judgment of dissolution of marriage;, delay
  676  period; separate adjudication of issues.—
  677         (1)A No final judgment of dissolution of marriage may not
  678  be entered until at least 20 days have elapsed from the date of
  679  filing the original petition for dissolution of marriage,; but
  680  the court, on a showing that injustice would result from this
  681  delay, may enter a final judgment of dissolution of marriage at
  682  an earlier date.
  683         (2)(a)During the first 180 days after the date of service
  684  of the original petition for dissolution of marriage, the court
  685  may not grant a final dissolution of marriage with a reservation
  686  of jurisdiction to subsequently determine all other substantive
  687  issues unless the court makes written findings that there are
  688  exceptional circumstances that make the use of this process
  689  clearly necessary to protect the parties or their children and
  690  that granting a final dissolution will not cause irreparable
  691  harm to either party or the children. Before granting a final
  692  dissolution of marriage with a reservation of jurisdiction to
  693  subsequently determine all other substantive issues, the court
  694  shall enter temporary orders necessary to protect the parties
  695  and their children, which orders remain effective until all
  696  other issues can be adjudicated by the court. The desire of one
  697  party to remarry does not justify the use of this process.
  698         (b)If more than 180 days have elapsed after the date of
  699  service of the original petition for dissolution of marriage,
  700  the court may grant a final dissolution of marriage with a
  701  reservation of jurisdiction to subsequently determine all other
  702  substantive issues only if the court enters temporary orders
  703  necessary to protect the parties and their children, which
  704  orders remain effective until such time as all other issues can
  705  be adjudicated by the court, and makes a written finding that no
  706  irreparable harm will result from granting a final dissolution.
  707         (c)If more than 365 days have elapsed after the date of
  708  service of the original petition for dissolution of marriage,
  709  absent a showing by either party that irreparable harm will
  710  result from granting a final dissolution, the court shall, upon
  711  request of either party, immediately grant a final dissolution
  712  of marriage with a reservation of jurisdiction to subsequently
  713  determine all other substantive issues. Before granting a final
  714  dissolution of marriage with a reservation of jurisdiction to
  715  subsequently determine all other substantive issues, the court
  716  shall enter temporary orders necessary to protect the parties
  717  and their children, which orders remain effective until all
  718  other issues can be adjudicated by the court.
  719         (d)The temporary orders necessary to protect the parties
  720  and their children entered before granting a dissolution of
  721  marriage without an adjudication of all substantive issues may
  722  include, but are not limited to, temporary orders that:
  723         1.Restrict the sale or disposition of property.
  724         2.Protect and preserve the marital assets.
  725         3.Establish temporary support.
  726         4.Provide for maintenance of health insurance.
  727         5.Provide for maintenance of life insurance.
  728         (e)The court is not required to enter temporary orders to
  729  protect the parties and their children if the court enters a
  730  final judgment of dissolution of marriage that adjudicates
  731  substantially all of the substantive issues between the parties
  732  but reserves jurisdiction to address ancillary issues such as
  733  the entry of a qualified domestic relations order or the
  734  adjudication of attorney fees and costs.
  735         Section 9. (1)(a)The amendments to chapter 61, Florida
  736  Statutes, made by this act apply to:
  737         1.Final judgments of alimony awards entered before July 1,
  738  2013.
  739         2.Final orders entered before July 1, 2013, that
  740  incorporate an agreement between the parties for alimony, if the
  741  duration of the marriage was equal to or less than 15 years and
  742  the duration of the alimony agreement exceeds the duration of
  743  the marriage.
  744         (b)For such judgments or orders, the amendments to chapter
  745  61, Florida Statutes, shall constitute a substantial change in
  746  circumstances for which an obligor may seek, in accordance with
  747  s. 61.14, Florida Statutes, a modification of the amount or
  748  duration of alimony, except for an order incorporating an
  749  agreement that is expressly nonmodifiable.
  750         (2)(a)For final orders entered before July 1, 2013 that
  751  incorporate an agreement between the parties for alimony, but
  752  otherwise do not meet the criteria set forth in subparagraph
  753  (1)(a)2., the amendments to chapter 61, Florida Statutes, made
  754  by this act shall apply if the obligor proves, by clear and
  755  convincing evidence, that:
  756         1.The obligor did not execute the agreement voluntarily;
  757         2.The agreement was the product of fraud, duress,
  758  coercion, or overreaching; or
  759         3.The agreement was unconscionable when it was executed
  760  and, before execution of the agreement, the obligor:
  761         a.Was not provided a fair and reasonable disclosure of the
  762  property or financial obligations of the other party.
  763         b.Did not voluntarily and expressly waive, in writing, any
  764  right to disclosure of the property or financial obligations of
  765  the other party beyond disclosure provided.
  766         c.Did not have or reasonably could not have had an
  767  adequate knowledge of the property or financial obligations of
  768  the other party.
  769         (b) For such orders, the amendments to chapter 61, Florida
  770  Statutes, shall constitute a substantial change in circumstances
  771  for which an obligor may seek, in accordance with s. 61.14,
  772  Florida Statutes, a modification of the amount or duration of
  773  alimony, except for an order incorporating an agreement that is
  774  expressly nonmodifiable.
  775         (3) Final judgments and orders for which the amendments to
  776  chapter 61, Florida Statutes, constitute a substantial change in
  777  circumstances under subsection (1) and (2) may be the subject of
  778  a modification action according to the following schedule:
  779         (a) An obligor who is subject to alimony of 15 years or
  780  more may file a modification action on or after July 1, 2013.
  781         (b) An obligor who is subject to alimony of 8 years of
  782  more, but less than 15 years, may file a modification action on
  783  or after July 1, 2014.
  784         (c) An obligor who is subject to alimony of less than 8
  785  years may file a modification action on or after July 1, 2015.
  786         Section 10. This act shall take effect July 1, 2013.
  787  
  788  ================= T I T L E  A M E N D M E N T ================
  789         And the title is amended as follows:
  790         Delete everything before the enacting clause
  791  and insert:
  792                        A bill to be entitled                      
  793         An act relating to family law; amending s. 61.071,
  794         F.S.; requiring that alimony pendente lite be
  795         calculated in accordance with s. 61.08, F.S.; amending
  796         s. 61.075, F.S.; redefining the term “marital assets
  797         and liabilities” for purposes of equitable
  798         distribution in dissolution of marriage actions;
  799         providing that the term includes the paydown of
  800         principal of notes and mortgages secured by nonmarital
  801         real property and certain passive appreciation in such
  802         property under	certain circumstances; providing
  803         formulas and guidelines for determining the amount of
  804         such passive appreciation; requiring security and
  805         interest relating to the installment payment of such
  806         assets; providing exceptions; permitting the court to
  807         provide written findings regarding any installment
  808         payments; amending s. 61.08, F.S.; defining terms;
  809         providing for the priority of bridge-the-gap alimony,
  810         followed by rehabilitative alimony, over any other
  811         form; requiring a court to make written findings
  812         regarding the basis for awarding a combination of
  813         forms of alimony, including the type of alimony and
  814         length of time for which it is awarded; providing that
  815         the party seeking alimony has the burden of proof of
  816         demonstrating a need for alimony and that the other
  817         party has the ability to pay alimony; requiring the
  818         court to consider specified relevant factors when
  819         determining the proper type and amount of alimony;
  820         revising provisions relating to the protection of
  821         awards of alimony; revising provisions for an award of
  822         durational alimony; specifying criteria related to the
  823         rebuttable presumption to award or not to award
  824         alimony; deleting a provision authorizing permanent
  825         alimony; providing for retirement of a party against
  826         whom alimony is sought; providing for imputation of
  827         income to the obligor or obligee in certain
  828         circumstances; amending s. 61.09, F.S.; providing for
  829         the calculation of alimony; amending s. 61.13, F.S.;
  830         establishing a presumption that it is in the best
  831         interest of the child for the court to order equal
  832         time-sharing for each minor child; providing
  833         exceptions; providing prospective applicability of the
  834         presumption; amending s. 61.14, F.S.; authorizing a
  835         party to apply for an order to terminate the amount of
  836         support, maintenance, or alimony; requiring that an
  837         alimony order be modified upward upon a showing by
  838         clear and convincing evidence of an increased ability
  839         to pay alimony by the other party; prohibiting an
  840         increase in an obligor’s income from being considered
  841         permanent in nature until it has been maintained for a
  842         specified period without interruption; providing an
  843         exemption from the reduction or termination of an
  844         alimony award in certain circumstances; providing that
  845         there is a rebuttable presumption that any
  846         modification or termination of an alimony award is
  847         retroactive to the date of the filing of the petition;
  848         providing for an award of attorney fees and costs if
  849         it is determined that an obligee unnecessarily or
  850         unreasonably litigates a petition for modification or
  851         termination of an alimony award; prohibiting an
  852         alimony award from being modified providing that if
  853         the court orders alimony concurrent with a child
  854         support order, the alimony award may not be modified
  855         because of the later modification or termination of
  856         child support payments; providing that an obligor’s
  857         subsequent remarriage or cohabitation is not a basis
  858         for modification of alimony; providing that income and
  859         assets of obligor’s subsequent spouse or person with
  860         whom the obligor is residing are generally not
  861         relevant to modification; providing that the attaining
  862         of retirement age is a substantial change in
  863         circumstances; requiring the court to consider certain
  864         factors in determining whether the obligor’s
  865         retirement is reasonable; requiring a court to
  866         terminate or reduce an alimony award based on certain
  867         factors; amending s. 61.19, F.S.; authorizing separate
  868         adjudication of issues in a dissolution of marriage
  869         case in certain circumstances; providing for temporary
  870         orders necessary to protect the parties and their
  871         children; providing for retroactive application of the
  872         act to alimony awards entered before July 1, 2013;
  873         providing an exception; providing allowable dates for
  874         the modification of such awards; providing an
  875         effective date.