Florida Senate - 2013 SENATOR AMENDMENT Bill No. CS/CS/SB 718, 1st Eng. Barcode 223506 LEGISLATIVE ACTION Senate . House . . . Floor: WD/3R . 04/04/2013 02:11 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Flores moved the following: 1 Senate Amendment 2 3 Delete lines 416 - 469 4 and insert: 5 (10)(a) In any alimony award and absent good cause, monthly 6 income shall be imputed to a voluntarily unemployed or 7 underemployed party absent a finding of fact by the court of 8 physical or mental incapacity or other circumstances over which 9 the party has no control. In the event of such voluntary 10 unemployment or underemployment, the employment potential and 11 probable earnings level of the party shall be determined based 12 upon his or her recent work history, occupational 13 qualifications, and the prevailing earning level in the 14 community if such information is available. Income cannot be 15 imputed based on income records more than 5 years old at the 16 time of the hearing or trial at which imputation is sought. If 17 the information concerning a party’s income or employment 18 potential and probable earnings level is unavailable, a party 19 fails to participate in the court proceeding, or a party fails 20 to supply adequate financial information in the court 21 proceeding, then, absent good cause, income shall be 22 automatically imputed to the party and there is a rebuttable 23 presumption that the party has income equivalent to the minimum 24 wage income of year-round full-time workers as derived from the 25 current minimum wage established under the Florida Department of 26 Economic Opportunity report. 27 (b) In order for the court to impute income at an amount 28 other than the minimum wage income of year-round full-time 29 workers as derived from the current minimum wage established 30 under the Florida Department of Economic Opportunity report, the 31 court must make specific findings of fact consistent with the 32 requirements of this paragraph. The party seeking to impute 33 income has the burden to present competent, substantial evidence 34 that: 35 1. The unemployment or underemployment is voluntary; and 36 2. Identifies the amount and source of the imputed income, 37 through evidence of income from available employment for which 38 the party is suitably qualified by education, experience, 39 current licensure, and geographic location.