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 
    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.