Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 718, 1st Eng.
                                Barcode 814046                          
                              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 - 473
    4  and insert:
    6         (10)(a) In any alimony award and absent good cause, monthly
    7  income shall be imputed to a voluntarily unemployed or
    8  underemployed party absent a finding of fact by the court of
    9  physical or mental incapacity or other circumstances over which
   10  the party has no control. In the event of such voluntary
   11  unemployment or underemployment, the employment potential and
   12  probable earnings level of the party shall be determined based
   13  upon his or her recent work history, occupational
   14  qualifications, and the prevailing earning level in the
   15  community if such information is available. Income cannot be
   16  imputed based on income records more than 5 years old at the
   17  time of the hearing or trial at which imputation is sought. If
   18  the information concerning a party’s income or employment
   19  potential and probable earnings level is unavailable, a party
   20  fails to participate in the court proceeding, or a party fails
   21  to supply adequate financial information in the court
   22  proceeding, then, absent good cause, income shall be
   23  automatically imputed to the party and there is a rebuttable
   24  presumption that the party has income equivalent to the minimum
   25  wage income of year-round full-time workers as derived from the
   26  current minimum wage established under the Florida Department of
   27  Economic Opportunity report.
   28         (b) In order for the court to impute income at an amount
   29  other than the minimum wage income of year-round full-time
   30  workers as derived from the current minimum wage established
   31  under the Florida Department of Economic Opportunity report, the
   32  court must make specific findings of fact consistent with the
   33  requirements of this paragraph. The party seeking to impute
   34  income has the burden to present competent, substantial evidence
   35  that:
   36         1. The unemployment or underemployment is voluntary; and
   37         2. Identifies the amount and source of the imputed income,
   38  through evidence of income from available employment for which
   39  the party is suitably qualified by education, experience,
   40  current licensure, and geographic location.
   41         (9) The award of alimony may not leave the payor with
   42  significantly less net income than the net income of the
   43  recipient unless there are written findings of exceptional
   44  circumstances.
   45         (11)(a)(10)(a) With respect to any order requiring the