Florida Senate - 2016                                     SB 250
       
       
        
       By Senator Lee
       
       
       
       
       
       24-00319-16                                            2016250__
    1                        A bill to be entitled                      
    2         An act relating to family law; amending s. 61.071,
    3         F.S.; requiring a court to consider certain alimony
    4         factors and make specific written findings of fact
    5         after making specified determinations; prohibiting a
    6         court from using certain presumptive alimony
    7         guidelines in calculating alimony pendente lite;
    8         amending s. 61.08, F.S.; defining terms; requiring a
    9         court to make specified initial written findings in a
   10         dissolution of marriage proceeding where a party has
   11         requested alimony; requiring a court to make specified
   12         findings before ruling on a request for alimony;
   13         providing for determinations of presumptive alimony
   14         amount range and duration range; providing
   15         presumptions concerning alimony awards depending on
   16         the duration of marriages; providing for imputation of
   17         income in certain circumstances; providing for awards
   18         of nominal alimony in certain circumstances; providing
   19         for taxability and deductibility of alimony awards;
   20         prohibiting a combined award of alimony and child
   21         support from constituting more than a specified
   22         percentage of a payor’s net income; authorizing the
   23         court to order a party to protect an alimony award by
   24         specified means; providing for termination of an
   25         alimony award; authorizing a court to modify or
   26         terminate the amount of an initial alimony award;
   27         prohibiting a court from modifying the duration of an
   28         alimony award; providing for payment of awards;
   29         amending s. 61.13, F.S.; creating a presumption that
   30         approximately equal time-sharing by both parents is in
   31         the best interest of the child; revising a finite list
   32         of factors that a court must evaluate when determining
   33         whether the presumption of approximately equal time
   34         sharing is overcome; requiring a court order to be
   35         supported by written findings of fact under certain
   36         circumstances; prohibiting a determination of parental
   37         responsibility, a parenting plan, or a time-sharing
   38         schedule unless certain determinations are made;
   39         reenacting and amending s. 61.14, F.S.; providing that
   40         a party may pursue an immediate modification of
   41         alimony in certain circumstances; revising factors to
   42         be considered in determining whether an existing award
   43         of alimony should be reduced or terminated because of
   44         an alleged supportive relationship; providing for
   45         burden of proof for claims concerning the existence of
   46         supportive relationships; providing for the effective
   47         date of a reduction or termination of an alimony
   48         award; providing that the remarriage of an alimony
   49         obligor is not a substantial change in circumstance;
   50         providing that the financial information of a spouse
   51         of a party paying or receiving alimony is inadmissible
   52         and undiscoverable; providing an exception; providing
   53         for modification or termination of an award based on a
   54         party’s retirement; providing a presumption upon a
   55         finding of a substantial change in circumstance;
   56         specifying factors to be considered in determining
   57         whether to modify or terminate an award based on a
   58         substantial change in circumstance; providing for a
   59         temporary suspension of an obligor’s payment of
   60         alimony while his or her petition for modification or
   61         termination is pending; providing for an award of
   62         attorney fees and costs to the prevailing party when a
   63         party unreasonably pursues or defends modification of
   64         an alimony award; providing for an effective date of a
   65         modification or termination of an award; creating s.
   66         61.192, F.S.; providing for motions to advance the
   67         trial of certain actions if a specified period has
   68         passed since the initial service on the respondent;
   69         amending s. 61.30, F.S.; providing that whenever a
   70         combined alimony and child support award constitutes
   71         more than a specified percentage of a payor’s net
   72         income, the child support award be adjusted to reduce
   73         the combined total; providing applicability; providing
   74         a directive to the Division of Law Revision and
   75         Information; providing legislative findings; creating
   76         s. 61.55, F.S.; providing a purpose; creating s.
   77         61.56, F.S.; defining terms; creating s. 61.57, F.S.;
   78         providing that a collaborative law process commences
   79         when the parties enter into a collaborative law
   80         participation agreement; prohibiting a tribunal from
   81         ordering a party to participate in a collaborative law
   82         process over the party’s objection; providing the
   83         conditions under which a collaborative law process
   84         concludes, terminates, or continues; creating s.
   85         61.58, F.S.; providing for confidentiality of
   86         communications made during the collaborative law
   87         process; providing exceptions; reenacting s.
   88         61.052(1)(b), F.S., relating to dissolution of
   89         marriage, to incorporate the amendment made to s.
   90         61.08, F.S., in a reference thereto; reenacting ss.
   91         409.2563(10)(c) and 742.031(4)(b), F.S., relating to
   92         administrative establishments of child support
   93         obligations, and hearings and court orders for
   94         support, respectively, to incorporate the amendment
   95         made to s. 61.14, F.S., in references thereto;
   96         providing that specified provisions do not take effect
   97         until 30 days after the Florida Supreme Court adopts
   98         rules of procedure and professional responsibility;
   99         providing effective dates.
  100          
  101  Be It Enacted by the Legislature of the State of Florida:
  102  
  103         Section 1. Effective October 1, 2016, section 61.071,
  104  Florida Statutes, is amended to read:
  105         61.071 Alimony pendente lite; suit money.—In every
  106  proceeding for dissolution of the marriage, a party may claim
  107  alimony and suit money in the petition or by motion, and if the
  108  petition is well founded, the court shall allow a reasonable sum
  109  therefor. If a party in any proceeding for dissolution of
  110  marriage claims alimony or suit money in his or her answer or by
  111  motion, and the answer or motion is well founded, the court
  112  shall allow a reasonable sum therefor. After determining that
  113  there is a need for alimony and that there is an ability to pay
  114  alimony, the court shall consider the alimony factors in s.
  115  61.08(4)(b)1.-14. and make specific written findings of fact
  116  regarding the relevant factors that justify an award of alimony
  117  under this section. The court may not use the presumptive
  118  alimony guidelines in s. 61.08 to calculate alimony under this
  119  section.
  120         Section 2. Effective October 1, 2016, section 61.08,
  121  Florida Statutes, is amended to read:
  122         (Substantial rewording of section. See
  123         s. 61.08, F.S., for present text.)
  124         61.08 Alimony.—
  125         (1) DEFINITIONS.—As used in this section, unless the
  126  context otherwise requires, the term:
  127         (a)1. “Gross income” means recurring income from any source
  128  and includes, but is not limited to:
  129         a. Income from salaries.
  130         b. Wages, including tips declared by the individual for
  131  purposes of reporting to the Internal Revenue Service or tips
  132  imputed to bring the employee’s gross earnings to the minimum
  133  wage for the number of hours worked, whichever is greater.
  134         c. Commissions.
  135         d. Payments received as an independent contractor for labor
  136  or services, which payments must be considered income from self
  137  employment.
  138         e. Bonuses.
  139         f. Dividends.
  140         g. Severance pay.
  141         h. Pension payments and retirement benefits actually
  142  received.
  143         i. Royalties.
  144         j.Rental income, which is gross receipts minus ordinary
  145  and necessary expenses required to produce the income.
  146         k. Interest.
  147         l. Trust income and distributions regularly received,
  148  relied upon, or readily available to the beneficiary.
  149         m. Annuity payments.
  150         n. Capital gains.
  151         o. Any money drawn by a self-employed individual for
  152  personal use that is deducted as a business expense, which
  153  moneys must be considered income from self-employment.
  154         p. Social security benefits, including social security
  155  benefits actually received by a party as a result of the
  156  disability of that party.
  157         q. Workers’ compensation benefits.
  158         r. Unemployment insurance benefits.
  159         s. Disability insurance benefits.
  160         t. Funds payable from any health, accident, disability, or
  161  casualty insurance to the extent that such insurance replaces
  162  wages or provides income in lieu of wages.
  163         u. Continuing monetary gifts.
  164         v. Income from general partnerships, limited partnerships,
  165  closely held corporations, or limited liability companies;
  166  except that if a party is a passive investor, has a minority
  167  interest in the company, and does not have any managerial duties
  168  or input, the income to be recognized may be limited to actual
  169  cash distributions received.
  170         w. Expense reimbursements or in-kind payments or benefits
  171  received by a party in the course of employment, self
  172  employment, or operation of a business which reduce personal
  173  living expenses.
  174         x. Overtime pay.
  175         y. Income from royalties, trusts, or estates.
  176         z.Spousal support received from a previous marriage.
  177         aa.Gains derived from dealings in property, unless the
  178  gain is nonrecurring.
  179         2. “Gross income” does not include:
  180         a. Child support payments received.
  181         b. Benefits received from public assistance programs.
  182         c. Social security benefits received by a parent on behalf
  183  of a minor child as a result of the death or disability of a
  184  parent or stepparent.
  185         d. Earnings or gains on retirement accounts, including
  186  individual retirement accounts; except that such earnings or
  187  gains shall be included as income if a party takes a
  188  distribution from the account. If a party is able to take a
  189  distribution from the account without being subject to a federal
  190  tax penalty for early distribution and the party chooses not to
  191  take such a distribution, the court may consider the
  192  distribution that could have been taken in determining the
  193  party’s gross income.
  194         3.a. For income from self-employment, rent, royalties,
  195  proprietorship of a business, or joint ownership of a
  196  partnership or closely held corporation, the term “gross income”
  197  equals gross receipts minus ordinary and necessary expenses, as
  198  defined in sub-subparagraph b., which are required to produce
  199  such income.
  200         b. “Ordinary and necessary expenses,” as used in sub
  201  subparagraph a., does not include amounts allowable by the
  202  Internal Revenue Service for the accelerated component of
  203  depreciation expenses or investment tax credits or any other
  204  business expenses determined by the court to be inappropriate
  205  for determining gross income for purposes of calculating
  206  alimony.
  207         (b) “Potential income” means income which could be earned
  208  by a party using his or her best efforts and includes potential
  209  income from employment and potential income from the investment
  210  of assets or use of property. Potential income from employment
  211  is the income which a party could reasonably expect to earn by
  212  working at a locally available, full-time job commensurate with
  213  his or her education, training, and experience. Potential income
  214  from the investment of assets or use of property is the income a
  215  party could reasonably expect to earn from the investment of his
  216  or her assets or the use of his or her property in a financially
  217  prudent manner.
  218         (c)1. “Underemployed” means a party is not working full
  219  time in a position which is appropriate, based upon his or her
  220  educational training and experience, and available in the
  221  geographical area of his or her residence.
  222         2. A party is not considered “underemployed” if he or she
  223  is enrolled in an educational program that can be reasonably
  224  expected to result in a degree or certification within a
  225  reasonable period, so long as the educational program is:
  226         a. Expected to result in higher income within the
  227  foreseeable future.
  228         b. A good faith educational choice based upon the previous
  229  education, training, skills, and experience of the party and the
  230  availability of immediate employment based upon the educational
  231  program being pursued.
  232         (d) “Years of marriage” means the number of whole years,
  233  beginning from the date of the parties’ marriage until the date
  234  of the filing of the action for dissolution of marriage.
  235         (2) INITIAL FINDINGS.—When a party has requested alimony in
  236  a dissolution of marriage proceeding, before granting or denying
  237  an award of alimony, the court shall make initial written
  238  findings as to:
  239         (a) The amount of each party’s monthly gross income,
  240  including, but not limited to, the actual or potential income,
  241  and also including actual or potential income from nonmarital or
  242  marital property distributed to each party.
  243         (b) The years of marriage as determined from the date of
  244  marriage through the date of the filing of the action for
  245  dissolution of marriage.
  246         (3) ALIMONY GUIDELINES.—After making the initial findings
  247  described in subsection (2), the court shall calculate the
  248  presumptive alimony amount range and the presumptive alimony
  249  duration range. The court shall make written findings as to the
  250  presumptive alimony amount range and presumptive alimony
  251  duration range.
  252         (a) Presumptive alimony amount range.—The low end of the
  253  presumptive alimony amount range shall be calculated by using
  254  the following formula:
  255  
  256  (0.015 x the years of marriage) x the difference between the
  257  monthly gross incomes of the parties
  258  
  259  The high end of the presumptive alimony amount range shall be
  260  calculated by using the following formula:
  261  
  262  (0.020 x the years of marriage) x the difference between the
  263  monthly gross incomes of the parties
  264  
  265  For purposes of calculating the presumptive alimony amount
  266  range, 20 years of marriage shall be used in calculating the low
  267  end and high end for marriages of 20 years or more. In
  268  calculating the difference between the parties’ monthly gross
  269  income, the income of the party seeking alimony shall be
  270  subtracted from the income of the other party. If the
  271  application of the formulas to establish a guideline range
  272  results in a negative number, the presumptive alimony amount
  273  shall be $0. If a court establishes the duration of the alimony
  274  award at 50 percent or less of the length of the marriage, the
  275  court shall use the actual years of the marriage, up to a
  276  maximum of 25 years, to calculate the high end of the
  277  presumptive alimony amount range.
  278         (b) Presumptive alimony duration range.—The low end of the
  279  presumptive alimony duration range shall be calculated by using
  280  the following formula:
  281  
  282  0.25 x the years of marriage
  283  
  284  The high end of the presumptive alimony duration range shall be
  285  calculated by using the following formula:
  286  
  287  0.75 x the years of marriage.
  288  
  289         (4) ALIMONY AWARD.—
  290         (a) Marriages of 2 years or less.—For marriages of 2 years
  291  or less, there is a rebuttable presumption that no alimony shall
  292  be awarded. The court may award alimony for a marriage with a
  293  duration of 2 years or less only if the court makes written
  294  findings that there is a clear and convincing need for alimony,
  295  there is an ability to pay alimony, and that the failure to
  296  award alimony would be inequitable. The court shall then
  297  establish the alimony award in accordance with paragraph (b).
  298         (b) Marriages of more than 2 years.—Absent an agreement of
  299  the parties, alimony shall presumptively be awarded in an amount
  300  within the alimony amount range calculated in paragraph (3)(a).
  301  Absent an agreement of the parties, alimony shall presumptively
  302  be awarded for a duration within the alimony duration range
  303  calculated in paragraph (3)(b). In determining the amount and
  304  duration of the alimony award, the court shall consider all of
  305  the following factors upon which evidence was presented:
  306         1. The financial resources of the recipient spouse,
  307  including the actual or potential income from nonmarital or
  308  marital property or any other source and the ability of the
  309  recipient spouse to meet his or her reasonable needs
  310  independently.
  311         2. The financial resources of the payor spouse, including
  312  the actual or potential income from nonmarital or marital
  313  property or any other source and the ability of the payor spouse
  314  to meet his or her reasonable needs while paying alimony.
  315         3. The standard of living of the parties during the
  316  marriage with consideration that there will be two households to
  317  maintain after the dissolution of the marriage and that neither
  318  party may be able to maintain the same standard of living after
  319  the dissolution of the marriage.
  320         4. The equitable distribution of marital property,
  321  including whether an unequal distribution of marital property
  322  was made to reduce or alleviate the need for alimony.
  323         5. Both parties’ income, employment, and employability,
  324  obtainable through reasonable diligence and additional training
  325  or education, if necessary, and any necessary reduction in
  326  employment due to the needs of an unemancipated child of the
  327  marriage or the circumstances of the parties.
  328         6. Whether a party could become better able to support
  329  himself or herself and reduce the need for ongoing alimony by
  330  pursuing additional educational or vocational training along
  331  with all of the details of such educational or vocational plan,
  332  including, but not limited to, the length of time required and
  333  the anticipated costs of such educational or vocational
  334  training.
  335         7. Whether one party has historically earned higher or
  336  lower income than the income reflected at the time of trial and
  337  the duration and consistency of income from overtime or
  338  secondary employment.
  339         8. Whether either party has foregone or postponed economic,
  340  educational, or employment opportunities during the course of
  341  the marriage.
  342         9. Whether either party has caused the unreasonable
  343  depletion or dissipation of marital assets.
  344         10. The amount of temporary alimony and the number of
  345  months that temporary alimony was paid to the recipient spouse.
  346         11. The age, health, and physical and mental condition of
  347  the parties, including consideration of significant health care
  348  needs or uninsured or unreimbursed health care expenses.
  349         12. Significant economic or noneconomic contributions to
  350  the marriage or to the economic, educational, or occupational
  351  advancement of a party, including, but not limited to, services
  352  rendered in homemaking, child care, education, and career
  353  building of the other party, payment by one spouse of the other
  354  spouse’s separate debts, or enhancement of the other spouse’s
  355  personal or real property.
  356         13. The tax consequence of the alimony award.
  357         14. Any other factor necessary to do equity and justice
  358  between the parties.
  359         (c) Deviation from guidelines.—The court may establish an
  360  award of alimony that is outside the presumptive alimony amount
  361  or alimony duration ranges only if the court considers all of
  362  the factors in paragraph (b) and makes specific written findings
  363  concerning the relevant factors justifying that the application
  364  of the presumptive alimony amount or alimony duration ranges, as
  365  applicable, is inappropriate or inequitable.
  366         (d) Order establishing alimony award.—After consideration
  367  of the presumptive alimony amount and duration ranges in
  368  accordance with paragraphs (3)(a) and (3)(b) and the factors
  369  upon which evidence was presented in accordance with paragraph
  370  (b), the court may establish an alimony award. An order
  371  establishing an alimony award must clearly set forth both the
  372  amount and the duration of the award. The court shall also make
  373  a written finding that the payor has the financial ability to
  374  pay the award.
  375         (5) IMPUTATION OF INCOME.—If a party is voluntarily
  376  unemployed or underemployed, alimony shall be calculated based
  377  on a determination of potential income unless the court makes
  378  specific written findings regarding the circumstances that make
  379  it inequitable to impute income.
  380         (6) NOMINAL ALIMONY.—Notwithstanding subsections (1), (3),
  381  and (4), the court may make an award of nominal alimony in the
  382  amount of $1 per year if, at the time of trial, a party who has
  383  traditionally provided the primary source of financial support
  384  to the family temporarily lacks the ability to pay support but
  385  is reasonably anticipated to have the ability to pay support in
  386  the future. The court may also award nominal alimony for an
  387  alimony recipient who is presently able to work but for whom a
  388  medical condition with a reasonable degree of medical certainty
  389  may inhibit or prevent his or her ability to work during the
  390  duration of the alimony period. The duration of the nominal
  391  alimony shall be established within the presumptive durational
  392  range based upon the length of the marriage subject to the
  393  alimony factors in paragraph (4)(b). Before the expiration of
  394  the durational period, nominal alimony may be modified in
  395  accordance with s. 61.14 as to amount to a full alimony award
  396  using the alimony guidelines and factors in accordance with this
  397  section.
  398         (7) TAXABILITY AND DEDUCTIBILITY OF ALIMONY.—
  399         (a) Unless otherwise stated in the judgment or order for
  400  alimony or in an agreement incorporated thereby, alimony shall
  401  be deductible from income by the payor under s. 215 of the
  402  Internal Revenue Code and includable in the income of the payee
  403  under s. 71 of the Internal Revenue Code.
  404         (b) When making a judgment or order for alimony, the court
  405  may, in its discretion after weighing the equities and tax
  406  efficiencies, order alimony be nondeductible from income by the
  407  payor and nonincludable in the income of the payee.
  408         (c) The parties may, in a marital settlement agreement,
  409  separation agreement, or related agreement, specifically agree
  410  in writing that alimony be nondeductible from income by the
  411  payor and nonincludable in the income of the payee.
  412         (8) MAXIMUM COMBINED AWARD.—A combined award of alimony and
  413  child support may not constitute more than 55 percent of the
  414  payor’s net income, calculated without any consideration of
  415  alimony or child support obligations.
  416         (9) SECURITY OF AWARD.—To the extent necessary to protect
  417  an award of alimony, the court may order any party who is
  418  ordered to pay alimony to purchase or maintain a decreasing term
  419  life insurance policy or a bond, or to otherwise secure such
  420  alimony award with any other assets that may be suitable for
  421  that purpose, in an amount adequate to secure the alimony award.
  422  Any such security may be awarded only upon a showing of special
  423  circumstances. If the court finds special circumstances and
  424  awards such security, the court must make specific evidentiary
  425  findings regarding the availability, cost, and financial impact
  426  on the obligated party. Any security may be modifiable in the
  427  event the underlying alimony award is modified and shall be
  428  reduced in an amount commensurate with any reduction in the
  429  alimony award.
  430         (10) TERMINATION OF AWARD.—An alimony award shall terminate
  431  upon the death of either party or the remarriage of the obligee.
  432         (11)MODIFICATION OF AWARD.—A court may subsequently modify
  433  or terminate the amount of an award of alimony initially
  434  established under this section in accordance with s. 61.14.
  435  However, a court may not modify the duration of an award of
  436  alimony initially established under this section.
  437         (12) PAYMENT OF AWARD.—
  438         (a) With respect to an order requiring the payment of
  439  alimony entered on or after January 1, 1985, unless paragraph
  440  (c) or paragraph (d) applies, the court shall direct in the
  441  order that the payments of alimony be made through the
  442  appropriate depository as provided in s. 61.181.
  443         (b) With respect to an order requiring the payment of
  444  alimony entered before January 1, 1985, upon the subsequent
  445  appearance, on or after that date, of one or both parties before
  446  the court having jurisdiction for the purpose of modifying or
  447  enforcing the order or in any other proceeding related to the
  448  order, or upon the application of either party, unless paragraph
  449  (c) or paragraph (d) applies, the court shall modify the terms
  450  of the order as necessary to direct that payments of alimony be
  451  made through the appropriate depository as provided in s.
  452  61.181.
  453         (c) If there is no minor child, alimony payments do not
  454  need to be directed through the depository.
  455         (d)1. If there is a minor child of the parties and both
  456  parties so request, the court may order that alimony payments do
  457  not need to be directed through the depository. In this case,
  458  the order of support shall provide, or be deemed to provide,
  459  that either party may subsequently apply to the depository to
  460  require that payments be made through the depository. The court
  461  shall provide a copy of the order to the depository.
  462         2. If subparagraph 1. applies, either party may
  463  subsequently file with the clerk of the court a verified motion
  464  alleging a default or arrearages in payment stating that the
  465  party wishes to initiate participation in the depository
  466  program. The moving party shall copy the other party with the
  467  motion. No later than 15 days after filing the motion, the court
  468  shall conduct an evidentiary hearing establishing the default
  469  and arrearages, if any, and issue an order directing the clerk
  470  of the circuit court to establish, or amend an existing, family
  471  law case history account, and further advising the parties that
  472  future payments must thereafter be directed through the
  473  depository.
  474         3. In IV-D cases, the Title IV-D agency shall have the same
  475  rights as the obligee in requesting that payments be made
  476  through the depository.
  477         Section 3. Effective October 1, 2016, subsection (3) of
  478  section 61.13, Florida Statutes, is amended to read:
  479         61.13 Support of children; parenting and time-sharing;
  480  powers of court.—
  481         (3) For purposes of establishing or modifying parental
  482  responsibility and creating, developing, approving, or modifying
  483  a parenting plan, including a time-sharing schedule, which
  484  governs each parent’s relationship with his or her minor child
  485  and the relationship between each parent with regard to his or
  486  her minor child, the best interest of the child shall be the
  487  primary consideration.
  488         (a) Approximately equal time-sharing with a minor child by
  489  both parents is presumed to be in the best interest of the
  490  child. In determining whether the presumption is overcome, the
  491  court shall evaluate the evidence based on A determination of
  492  parental responsibility, a parenting plan, or a time-sharing
  493  schedule may not be modified without a showing of a substantial,
  494  material, and unanticipated change in circumstances and a
  495  determination that the modification is in the best interests of
  496  the child. Determination of the best interests of the child
  497  shall be made by evaluating all of the factors affecting the
  498  welfare and interests of the particular minor child and the
  499  circumstances of that family, including, but not limited to:
  500         1.(a) The demonstrated capacity or and disposition of each
  501  parent to facilitate and encourage a close and continuing
  502  parent-child relationship, to honor the time-sharing schedule,
  503  and to be reasonable when changes are required.
  504         2.(b) The anticipated division of parental responsibilities
  505  after the litigation, including the extent to which parental
  506  responsibilities will be delegated to third parties.
  507         3.(c) The demonstrated capacity and disposition of each
  508  parent to determine, consider, and act upon the needs of the
  509  child as opposed to the needs or desires of the parent.
  510         4.(d) The length of time the child has lived in a stable,
  511  satisfactory environment and the desirability of maintaining
  512  continuity.
  513         5.(e) The geographic viability of the parenting plan, with
  514  special attention paid to the needs of school-age children and
  515  the amount of time to be spent traveling to carry out effectuate
  516  the parenting plan. This factor does not create a presumption
  517  for or against relocation of either parent with a child.
  518         6.(f) The moral fitness of the parents.
  519         7.(g) The mental and physical health of the parents.
  520         8.(h) The home, school, and community record of the child.
  521         9.(i) The reasonable preference of the child, if the court
  522  deems the child to be of sufficient intelligence, understanding,
  523  and experience to express a preference.
  524         10.(j) The demonstrated knowledge, capacity, or and
  525  disposition of each parent to be informed of the circumstances
  526  of the minor child, including, but not limited to, the child’s
  527  friends, teachers, medical care providers, daily activities, and
  528  favorite things.
  529         11.(k) The demonstrated capacity or and disposition of each
  530  parent to provide a consistent routine for the child, such as
  531  discipline, and daily schedules for homework, meals, and
  532  bedtime.
  533         12.(l) The demonstrated capacity of each parent to
  534  communicate with the other parent and keep the other parent
  535  informed of issues and activities regarding the minor child, and
  536  the willingness of each parent to adopt a unified front on all
  537  major issues when dealing with the child.
  538         13.(m) Evidence of domestic violence, sexual violence,
  539  child abuse, child abandonment, or child neglect, regardless of
  540  whether a prior or pending action relating to those issues has
  541  been brought. If the court accepts evidence of prior or pending
  542  actions regarding domestic violence, sexual violence, child
  543  abuse, child abandonment, or child neglect, the court must
  544  specifically acknowledge in writing that such evidence was
  545  considered when evaluating the best interests of the child.
  546         14.(n) Evidence that either parent has knowingly provided
  547  false information to the court regarding any prior or pending
  548  action regarding domestic violence, sexual violence, child
  549  abuse, child abandonment, or child neglect.
  550         15.(o) The demonstrated capacity or disposition of each
  551  parent to perform or ensure the performance of particular
  552  parenting tasks customarily performed by the other each parent
  553  and the division of parental responsibilities before the
  554  institution of litigation and during the pending litigation,
  555  including the extent to which parenting responsibilities were
  556  undertaken by third parties.
  557         16.(p) The demonstrated capacity and disposition of each
  558  parent to participate and be involved in the child’s school and
  559  extracurricular activities.
  560         17.(q) The demonstrated capacity and disposition of each
  561  parent to maintain an environment for the child which is free
  562  from substance abuse.
  563         18.(r) The capacity and disposition of each parent to
  564  protect the child from the ongoing litigation as demonstrated by
  565  not discussing the litigation with the child, not sharing
  566  documents or electronic media related to the litigation with the
  567  child, and refraining from disparaging comments about the other
  568  parent to the child.
  569         19.(s) The developmental stages and needs of the child and
  570  the demonstrated capacity and disposition of each parent to meet
  571  the child’s developmental needs.
  572         20. The amount of time-sharing requested by each parent.
  573         21. The frequency that a parent would likely leave the
  574  child in the care of a nonrelative on evenings and weekends when
  575  the other parent would be available and willing to provide care.
  576         22.(t) Any other factor that is relevant to the
  577  determination of a specific parenting plan, including the time
  578  sharing schedule.
  579         (b) A court order must be supported by written findings of
  580  fact if the order establishes an initial permanent time-sharing
  581  schedule that does not provide for approximately equal time
  582  sharing.
  583         (c) A determination of parental responsibility, a parenting
  584  plan, or a time-sharing schedule may not be modified without a
  585  determination that such modification is in the best interest of
  586  the child and upon a showing of a substantial, material, and
  587  unanticipated change in circumstances.
  588         Section 4. Effective October 1, 2016, subsection (1) of
  589  section 61.14, Florida Statutes, is amended, and paragraph (a)
  590  of subsection (5) is reenacted, to read:
  591         61.14 Enforcement and modification of support, maintenance,
  592  or alimony agreements or orders.—
  593         (1)(a) When the parties enter into an agreement for
  594  payments for, or instead of, support, maintenance, or alimony,
  595  whether in connection with a proceeding for dissolution or
  596  separate maintenance or with any voluntary property settlement,
  597  or when a party is required by court order to make any payments,
  598  and the circumstances or the financial ability of either party
  599  changes or the child who is a beneficiary of an agreement or
  600  court order as described herein reaches majority after the
  601  execution of the agreement or the rendition of the order, either
  602  party may apply to the circuit court of the circuit in which the
  603  parties, or either of them, resided at the date of the execution
  604  of the agreement or reside at the date of the application, or in
  605  which the agreement was executed or in which the order was
  606  rendered, for an order decreasing or increasing the amount of
  607  support, maintenance, or alimony, and the court has jurisdiction
  608  to make orders as equity requires, with due regard to the
  609  changed circumstances or the financial ability of the parties or
  610  the child, decreasing, increasing, or confirming the amount of
  611  separate support, maintenance, or alimony provided for in the
  612  agreement or order. However, a court may not decrease or
  613  increase the duration of alimony provided for in the agreement
  614  or order. A party is entitled to pursue an immediate
  615  modification of alimony if the actual income earned by the other
  616  party exceeds by at least 10 percent the amount imputed to that
  617  party at the time the existing alimony award was determined and
  618  such circumstance shall constitute a substantial change in
  619  circumstance sufficient to support a modification of alimony.
  620  However, an increase in an alimony obligor’s income alone does
  621  not constitute a basis for a modification to increase alimony
  622  unless at the time the alimony award was established it was
  623  determined that the obligor was underemployed or unemployed and
  624  the court did not impute income to that party at his or her
  625  maximum potential income. If an alimony obligor becomes
  626  involuntarily underemployed or unemployed for 6 months after the
  627  entry of the last order requiring the payment of alimony, the
  628  obligor is entitled to pursue an immediate modification of his
  629  or her existing alimony obligations and such circumstance shall
  630  constitute a substantial change in circumstance sufficient to
  631  support a modification of alimony. A finding that medical
  632  insurance is reasonably available or the child support
  633  guidelines schedule in s. 61.30 may constitute changed
  634  circumstances. Except as otherwise provided in s. 61.30(11)(c),
  635  the court may modify an order of support, maintenance, or
  636  alimony by increasing or decreasing the support, maintenance, or
  637  alimony retroactively to the date of the filing of the action or
  638  supplemental action for modification as equity requires, giving
  639  due regard to the changed circumstances or the financial ability
  640  of the parties or the child.
  641         (b)1. The court may reduce or terminate an award of alimony
  642  upon specific written findings by the court that since the
  643  granting of a divorce and the award of alimony a supportive
  644  relationship exists or has existed within the previous year
  645  before the date of the filing of the petition for modification
  646  or termination between the obligee and another a person with
  647  whom the obligee resides. On the issue of whether alimony should
  648  be reduced or terminated under this paragraph, the burden is on
  649  the obligor to prove by a preponderance of the evidence that a
  650  supportive relationship exists.
  651         2. In determining whether an existing award of alimony
  652  should be reduced or terminated because of an alleged supportive
  653  relationship between an obligee and a person who is not related
  654  by consanguinity or affinity and with whom the obligee resides,
  655  the court shall elicit the nature and extent of the relationship
  656  in question. The court shall give consideration, without
  657  limitation, to circumstances, including, but not limited to, the
  658  following, in determining the relationship of an obligee to
  659  another person:
  660         a. The extent to which the obligee and the other person
  661  have held themselves out as a married couple by engaging in
  662  conduct such as using the same last name, using a common mailing
  663  address, referring to each other in terms such as “my spouse”
  664  “my husband” or “my wife,” or otherwise conducting themselves in
  665  a manner that evidences a permanent supportive relationship.
  666         b. The period of time that the obligee has resided with the
  667  other person in a permanent place of abode.
  668         c. The extent to which the obligee and the other person
  669  have pooled their assets or income or otherwise exhibited
  670  financial interdependence.
  671         d. The extent to which the obligee or the other person has
  672  supported the other, in whole or in part.
  673         e. The extent to which the obligee or the other person has
  674  performed valuable services for the other.
  675         f. The extent to which the obligee or the other person has
  676  performed valuable services for the other’s company or employer.
  677         g. Whether the obligee and the other person have worked
  678  together to create or enhance anything of value.
  679         h. Whether the obligee and the other person have jointly
  680  contributed to the purchase of any real or personal property.
  681         i. Evidence in support of a claim that the obligee and the
  682  other person have an express agreement regarding property
  683  sharing or support.
  684         j. Evidence in support of a claim that the obligee and the
  685  other person have an implied agreement regarding property
  686  sharing or support.
  687         k. Whether the obligee and the other person have provided
  688  support to the children of one another, regardless of any legal
  689  duty to do so.
  690         l. Whether the obligor’s failure, in whole or in part, to
  691  comply with all court-ordered financial obligations to the
  692  obligee constituted a significant factor in the establishment of
  693  the supportive relationship.
  694         3. In any proceeding to modify an alimony award based upon
  695  a supportive relationship, the obligor has the burden of proof
  696  to establish, by a preponderance of the evidence, that a
  697  supportive relationship exists or has existed within the
  698  previous year before the date of the filing of the petition for
  699  modification or termination. The obligor is not required to
  700  prove cohabitation of the obligee and the third party.
  701         4. Notwithstanding paragraph (f), if a reduction or
  702  termination is granted under this paragraph, the reduction or
  703  termination is retroactive to the date of filing of the petition
  704  for reduction or termination.
  705         5.3. This paragraph does not abrogate the requirement that
  706  every marriage in this state be solemnized under a license, does
  707  not recognize a common law marriage as valid, and does not
  708  recognize a de facto marriage. This paragraph recognizes only
  709  that relationships do exist that provide economic support
  710  equivalent to a marriage and that alimony terminable on
  711  remarriage may be reduced or terminated upon the establishment
  712  of equivalent equitable circumstances as described in this
  713  paragraph. The existence of a conjugal relationship, though it
  714  may be relevant to the nature and extent of the relationship, is
  715  not necessary for the application of the provisions of this
  716  paragraph.
  717         (c)1. For purposes of this section, the remarriage of an
  718  alimony obligor does not constitute a substantial change in
  719  circumstance or a basis for a modification of alimony.
  720         2. The financial information, including, but not limited
  721  to, information related to assets and income, of a subsequent
  722  spouse of a party paying or receiving alimony is inadmissible
  723  and may not be considered as a part of any modification action
  724  unless a party is claiming that his or her income has decreased
  725  since the marriage. If a party makes such a claim, the financial
  726  information of the subsequent spouse is discoverable and
  727  admissible only to the extent necessary to establish whether the
  728  party claiming that his or her income has decreased is diverting
  729  income or assets to the subsequent spouse that might otherwise
  730  be available for the payment of alimony. However, this
  731  subparagraph may not be used to prevent the discovery of or
  732  admissibility in evidence of the income or assets of a party
  733  when those assets are held jointly with a subsequent spouse.
  734  This subparagraph is not intended to prohibit the discovery or
  735  admissibility of a joint tax return filed by a party and his or
  736  her subsequent spouse in connection with a modification of
  737  alimony.
  738         (d)1. An obligor may file a petition for modification or
  739  termination of an alimony award based upon his or her actual
  740  retirement.
  741         a. A substantial change in circumstance is deemed to exist
  742  if:
  743         (I) The obligor has reached the age for eligibility to
  744  receive full retirement benefits under s. 216 of the Social
  745  Security Act, 42 U.S.C. s. 416, and has retired; or
  746         (II) The obligor has reached the customary retirement age
  747  for his or her occupation and has retired from that occupation.
  748  An obligor may file an action within 1 year of his or her
  749  anticipated retirement date and the court shall determine the
  750  customary retirement date for the obligor’s profession. However,
  751  a determination of the customary retirement age is not an
  752  adjudication of a petition for a modification of an alimony
  753  award.
  754         b. If an obligor voluntarily retires before reaching any of
  755  the ages described in sub-subparagraph a., the court shall
  756  determine whether the obligor’s retirement is reasonable upon
  757  consideration of the obligor’s age, health, and motivation for
  758  retirement and the financial impact on the obligee. A finding of
  759  reasonableness by the court shall constitute a substantial
  760  change in circumstance.
  761         2. Upon a finding of a substantial change in circumstance,
  762  there is a rebuttable presumption that an obligor’s existing
  763  alimony obligation shall be modified or terminated. The court
  764  shall modify or terminate the alimony obligation, or make a
  765  determination regarding whether the rebuttable presumption has
  766  been overcome, based upon the following factors applied to the
  767  current circumstances of the obligor and obligee:
  768         a. The age of the parties.
  769         b. The health of the parties.
  770         c. The assets and liabilities of the parties.
  771         d. The earned or imputed income of the parties as provided
  772  in s. 61.08(1)(a) and (5).
  773         e. The ability of the parties to maintain part-time or
  774  full-time employment.
  775         f. Any other factor deemed relevant by the court.
  776         3. The court may temporarily reduce or suspend the
  777  obligor’s payment of alimony while his or her petition for
  778  modification or termination under this paragraph is pending.
  779         (e) A party who unreasonably pursues or defends an action
  780  for modification of alimony shall be required to pay the
  781  reasonable attorney fees and costs of the prevailing party.
  782  Further, a party obligated to pay prevailing party attorney fees
  783  and costs in connection with unreasonably pursuing or defending
  784  an action for modification is not entitled to an award of
  785  attorney fees and cost in accordance with s. 61.16.
  786         (f) There is a rebuttable presumption that a modification
  787  or termination of an alimony award is retroactive to the date of
  788  the filing of the petition, unless the obligee demonstrates that
  789  the result is inequitable.
  790         (g)(c) For each support order reviewed by the department as
  791  required by s. 409.2564(11), if the amount of the child support
  792  award under the order differs by at least 10 percent but not
  793  less than $25 from the amount that would be awarded under s.
  794  61.30, the department shall seek to have the order modified and
  795  any modification shall be made without a requirement for proof
  796  or showing of a change in circumstances.
  797         (h)(d) The department may shall have authority to adopt
  798  rules to implement this section.
  799         (5)(a) When a court of competent jurisdiction enters an
  800  order for the payment of alimony or child support or both, the
  801  court shall make a finding of the obligor’s imputed or actual
  802  present ability to comply with the order. If the obligor
  803  subsequently fails to pay alimony or support and a contempt
  804  hearing is held, the original order of the court creates a
  805  presumption that the obligor has the present ability to pay the
  806  alimony or support and to purge himself or herself from the
  807  contempt. At the contempt hearing, the obligor shall have the
  808  burden of proof to show that he or she lacks the ability to
  809  purge himself or herself from the contempt. This presumption is
  810  adopted as a presumption under s. 90.302(2) to implement the
  811  public policy of this state that children shall be maintained
  812  from the resources of their parents and as provided for in s.
  813  409.2551, and that spouses be maintained as provided for in s.
  814  61.08. The court shall state in its order the reasons for
  815  granting or denying the contempt.
  816         Section 5. Effective October 1, 2016, section 61.192,
  817  Florida Statutes, is created to read:
  818         61.192 Advancing trial.—In an action brought pursuant to
  819  this chapter, if more than 2 years have passed since the initial
  820  petition was served on the respondent, either party may move the
  821  court to advance the trial of their action on the docket. This
  822  motion may be made at any time after 2 years have passed since
  823  the petition was served, and once made the court must give the
  824  case priority on the court’s calendar.
  825         Section 6. Effective October 1, 2016, paragraph (d) is
  826  added to subsection (11) of section 61.30, Florida Statutes, to
  827  read:
  828         61.30 Child support guidelines; retroactive child support.—
  829         (11)
  830         (d) Whenever a combined alimony and child support award
  831  constitutes more than 55 percent of the payor’s net income,
  832  calculated without any consideration of alimony or child support
  833  obligations, the court shall adjust the award of child support
  834  to ensure that the 55 percent cap is not exceeded.
  835         Section 7. The amendments made by this act to sections
  836  61.071, 61.08, 61.13, 61.14, 61.192, and 61.30, Florida
  837  Statutes, apply to all initial determinations of alimony and all
  838  alimony modification actions that are pending on October 1,
  839  2016, and to all initial determinations of alimony and all
  840  alimony modification actions brought on or after October 1,
  841  2016. The enacting of this act may not serve as the sole basis
  842  for a party to seek a modification of an alimony award existing
  843  before October 1, 2016.
  844         Section 8. The Division of Law Revision and Information is
  845  directed to create part III of chapter 61, Florida Statutes,
  846  consisting of ss. 61.55-61.58, Florida Statutes, to be entitled
  847  the “Collaborative Law Process Act.”
  848         Section 9. The Legislature finds and declares that the
  849  purpose of part III of chapter 61, Florida Statutes, is to:
  850         (1) Create a uniform system of practice for a collaborative
  851  law process for proceedings under chapters 61 and 742, Florida
  852  Statutes.
  853         (2) Encourage the peaceful resolution of disputes and the
  854  early settlement of pending litigation through voluntary
  855  settlement procedures.
  856         (3) Preserve the working relationship between parties to a
  857  dispute through a nonadversarial method that reduces the
  858  emotional and financial toll of litigation.
  859         Section 10. Section 61.55, Florida Statutes, is created to
  860  read:
  861         61.55 Purpose.—The purpose of this part is to create a
  862  uniform system of practice for the collaborative law process in
  863  this state. It is the policy of this state to encourage the
  864  peaceful resolution of disputes and the early resolution of
  865  pending litigation through a voluntary settlement process. The
  866  collaborative law process is a unique nonadversarial process
  867  that preserves a working relationship between the parties and
  868  reduces the emotional and financial toll of litigation.
  869         Section 11. Section 61.56, Florida Statutes, is created to
  870  read:
  871         61.56 Definitions.—As used in this part, the term:
  872         (1) “Collaborative attorney” means an attorney who
  873  represents a party in a collaborative law process.
  874         (2) “Collaborative law communication” means an oral or
  875  written statement, including a statement made in a record, or
  876  nonverbal conduct that:
  877         (a) Is made in the conduct of or in the course of
  878  participating in, continuing, or reconvening for a collaborative
  879  law process; and
  880         (b) Occurs after the parties sign a collaborative law
  881  participation agreement and before the collaborative law process
  882  is concluded or terminated.
  883         (3) “Collaborative law participation agreement” means an
  884  agreement between persons to participate in a collaborative law
  885  process.
  886         (4) “Collaborative law process” means a process intended to
  887  resolve a collaborative matter without intervention by a
  888  tribunal and in which persons sign a collaborative law
  889  participation agreement and are represented by collaborative
  890  attorneys.
  891         (5) “Collaborative matter” means a dispute, a transaction,
  892  a claim, a problem, or an issue for resolution, including a
  893  dispute, a claim, or an issue in a proceeding which is described
  894  in a collaborative law participation agreement and arises under
  895  chapter 61 or chapter 742, including, but not limited to:
  896         (a) Marriage, divorce, dissolution, annulment, and marital
  897  property distribution.
  898         (b) Child custody, visitation, parenting plan, and
  899  parenting time.
  900         (c) Alimony, maintenance, and child support.
  901         (d) Parental relocation with a child.
  902         (e) Parentage and paternity.
  903         (f) Premarital, marital, and postmarital agreements.
  904         (6) “Law firm” means:
  905         (a) One or more attorneys who practice law in a
  906  partnership, professional corporation, sole proprietorship,
  907  limited liability company, or association; or
  908         (b) One or more attorneys employed in a legal services
  909  organization, the legal department of a corporation or other
  910  organization, or the legal department of a governmental entity,
  911  subdivision, agency, or instrumentality.
  912         (7) “Nonparty participant” means a person, other than a
  913  party and the party’s collaborative attorney, who participates
  914  in a collaborative law process.
  915         (8) “Party” means a person who signs a collaborative law
  916  participation agreement and whose consent is necessary to
  917  resolve a collaborative matter.
  918         (9) “Person” means an individual; a corporation; a business
  919  trust; an estate; a trust; a partnership; a limited liability
  920  company; an association; a joint venture; a public corporation;
  921  a government or governmental subdivision, agency, or
  922  instrumentality; or any other legal or commercial entity.
  923         (10) “Proceeding” means a judicial, administrative,
  924  arbitral, or other adjudicative process before a tribunal,
  925  including related prehearing and posthearing motions,
  926  conferences, and discovery.
  927         (11) “Prospective party” means a person who discusses with
  928  a prospective collaborative attorney the possibility of signing
  929  a collaborative law participation agreement.
  930         (12) “Record” means information that is inscribed on a
  931  tangible medium or that is stored in an electronic or other
  932  medium and is retrievable in perceivable form.
  933         (13) “Related to a collaborative matter” means involving
  934  the same parties, transaction or occurrence, nucleus of
  935  operative fact, dispute, claim, or issue as the collaborative
  936  matter.
  937         (14) “Sign” means, with present intent to authenticate or
  938  adopt a record, to:
  939         (a) Execute or adopt a tangible symbol; or
  940         (b) Attach to or logically associate with the record an
  941  electronic symbol, sound, or process.
  942         (15) “Tribunal” means a court, an arbitrator, an
  943  administrative agency, or other body acting in an adjudicative
  944  capacity which, after presentation of evidence or legal
  945  argument, has jurisdiction to render a decision affecting a
  946  party’s interests in a matter.
  947         Section 12. Section 61.57, Florida Statutes, is created to
  948  read:
  949         61.57 Beginning, concluding, and terminating a
  950  collaborative law process.—
  951         (1) The collaborative law process commences, regardless of
  952  whether a legal proceeding is pending, when the parties enter
  953  into a collaborative law participation agreement.
  954         (2) A tribunal may not order a party to participate in a
  955  collaborative law process over that party’s objection.
  956         (3) A collaborative law process is concluded by any of the
  957  following:
  958         (a) Resolution of a collaborative matter as evidenced by a
  959  signed record;
  960         (b) Resolution of a part of the collaborative matter,
  961  evidenced by a signed record, in which the parties agree that
  962  the remaining parts of the collaborative matter will not be
  963  resolved in the collaborative law process; or
  964         (c) Termination of the collaborative law process.
  965         (4) A collaborative law process terminates when a party:
  966         (a) Gives notice to the other parties in a record that the
  967  collaborative law process is concluded;
  968         (b) Begins a proceeding related to a collaborative matter
  969  without the consent of all parties;
  970         (c) Initiates a pleading, a motion, an order to show cause,
  971  or a request for a conference with a tribunal in a pending
  972  proceeding related to a collaborative matter;
  973         (d) Requests that the proceeding be put on the tribunal’s
  974  active calendar in a pending proceeding related to a
  975  collaborative matter;
  976         (e) Takes similar action requiring notice to be sent to the
  977  parties in a pending proceeding related to a collaborative
  978  matter; or
  979         (f) Discharges a collaborative attorney or a collaborative
  980  attorney withdraws from further representation of a party,
  981  except as otherwise provided in subsection (7).
  982         (5) A party’s collaborative attorney shall give prompt
  983  notice to all other parties in a record of a discharge or
  984  withdrawal.
  985         (6) A party may terminate a collaborative law process with
  986  or without cause.
  987         (7) Notwithstanding the discharge or withdrawal of a
  988  collaborative attorney, the collaborative law process continues
  989  if, not later than 30 days after the date that the notice of the
  990  discharge or withdrawal of a collaborative attorney required by
  991  subsection (5) is sent to the parties:
  992         (a) The unrepresented party engages a successor
  993  collaborative attorney;
  994         (b) The parties consent to continue the collaborative law
  995  process by reaffirming the collaborative law participation
  996  agreement in a signed record;
  997         (c) The collaborative law participation agreement is
  998  amended to identify the successor collaborative attorney in a
  999  signed record; and
 1000         (d) The successor collaborative attorney confirms his or
 1001  her representation of a party in the collaborative law
 1002  participation agreement in a signed record.
 1003         (8) A collaborative law process does not conclude if, with
 1004  the consent of the parties, a party requests a tribunal to
 1005  approve a resolution of a collaborative matter or any part
 1006  thereof as evidenced by a signed record.
 1007         (9) A collaborative law participation agreement may provide
 1008  additional methods for concluding a collaborative law process.
 1009         Section 13. Section 61.58, Florida Statutes, is created to
 1010  read:
 1011         61.58 Confidentiality of a collaborative law
 1012  communication.—Except as provided in this section, a
 1013  collaborative law communication is confidential to the extent
 1014  agreed by the parties in a signed record or as otherwise
 1015  provided by law.
 1016         (1) PRIVILEGE AGAINST DISCLOSURE FOR COLLABORATIVE LAW
 1017  COMMUNICATION; ADMISSIBILITY; DISCOVERY.—
 1018         (a) Subject to subsections (2) and (3), a collaborative law
 1019  communication is privileged as provided under paragraph (b), is
 1020  not subject to discovery, and is not admissible into evidence.
 1021         (b) In a proceeding, the following privileges apply:
 1022         1. A party may refuse to disclose, and may prevent another
 1023  person from disclosing, a collaborative law communication.
 1024         2. A nonparty participant may refuse to disclose, and may
 1025  prevent another person from disclosing, a collaborative law
 1026  communication of a nonparty participant.
 1027         (c) Evidence or information that is otherwise admissible or
 1028  subject to discovery does not become inadmissible or protected
 1029  from discovery solely because of its disclosure or use in a
 1030  collaborative law process.
 1031         (2) WAIVER AND PRECLUSION OF PRIVILEGE.—
 1032         (a) A privilege under subsection (1) may be waived orally
 1033  or in a record during a proceeding if it is expressly waived by
 1034  all parties and, in the case of the privilege of a nonparty
 1035  participant, if it is expressly waived by the nonparty
 1036  participant.
 1037         (b) A person who makes a disclosure or representation about
 1038  a collaborative law communication that prejudices another person
 1039  in a proceeding may not assert a privilege under subsection (1).
 1040  This preclusion applies only to the extent necessary for the
 1041  person prejudiced to respond to the disclosure or
 1042  representation.
 1043         (3) LIMITS OF PRIVILEGE.—
 1044         (a) A privilege under subsection (1) does not apply to a
 1045  collaborative law communication that is:
 1046         1. Available to the public under chapter 119 or made during
 1047  a session of a collaborative law process that is open, or is
 1048  required by law to be open, to the public;
 1049         2. A threat, or statement of a plan, to inflict bodily
 1050  injury or commit a crime of violence;
 1051         3. Intentionally used to plan a crime, commit or attempt to
 1052  commit a crime, or conceal an ongoing crime or ongoing criminal
 1053  activity; or
 1054         4. In an agreement resulting from the collaborative law
 1055  process, as evidenced by a record signed by all parties to the
 1056  agreement.
 1057         (b) The privilege under subsection (1) for a collaborative
 1058  law communication does not apply to the extent that such
 1059  collaborative law communication is:
 1060         1. Sought or offered to prove or disprove a claim or
 1061  complaint of professional misconduct or malpractice arising from
 1062  or relating to a collaborative law process; or
 1063         2. Sought or offered to prove or disprove abuse, neglect,
 1064  abandonment, or exploitation of a child or adult unless the
 1065  Department of Children and Families is a party to or otherwise
 1066  participates in the process.
 1067         (c) A privilege under subsection (1) does not apply if a
 1068  tribunal finds, after a hearing in camera, that the party
 1069  seeking discovery or the proponent of the evidence has shown
 1070  that the evidence is not otherwise available, the need for the
 1071  evidence substantially outweighs the interest in protecting
 1072  confidentiality, and the collaborative law communication is
 1073  sought or offered in:
 1074         1. A court proceeding involving a felony; or
 1075         2. A proceeding seeking rescission or reformation of a
 1076  contract arising out of the collaborative law process or in
 1077  which a defense is asserted to avoid liability on the contract.
 1078         (d) If a collaborative law communication is subject to an
 1079  exception under paragraph (b) or paragraph (c), only the part of
 1080  the collaborative law communication necessary for the
 1081  application of the exception may be disclosed or admitted.
 1082         (e) Disclosure or admission of evidence excepted from the
 1083  privilege under paragraph (b) or paragraph (c) does not make the
 1084  evidence or any other collaborative law communication
 1085  discoverable or admissible for any other purpose.
 1086         (f) The privilege under subsection (1) does not apply if
 1087  the parties agree in advance in a signed record, or if a record
 1088  of a proceeding reflects agreement by the parties, that all or
 1089  part of a collaborative law process is not privileged. This
 1090  paragraph does not apply to a collaborative law communication
 1091  made by a person who did not receive actual notice of the
 1092  collaborative law participation agreement before the
 1093  communication was made.
 1094         Section 14. For the purpose of incorporating the amendment
 1095  made by this act to section 61.08, Florida Statutes, in a
 1096  reference thereto, paragraph (b) of subsection (1) of section
 1097  61.052, Florida Statutes, is reenacted to read:
 1098         61.052 Dissolution of marriage.—
 1099         (1) No judgment of dissolution of marriage shall be granted
 1100  unless one of the following facts appears, which shall be
 1101  pleaded generally:
 1102         (b) Mental incapacity of one of the parties. However, no
 1103  dissolution shall be allowed unless the party alleged to be
 1104  incapacitated shall have been adjudged incapacitated according
 1105  to the provisions of s. 744.331 for a preceding period of at
 1106  least 3 years. Notice of the proceeding for dissolution shall be
 1107  served upon one of the nearest blood relatives or guardian of
 1108  the incapacitated person, and the relative or guardian shall be
 1109  entitled to appear and to be heard upon the issues. If the
 1110  incapacitated party has a general guardian other than the party
 1111  bringing the proceeding, the petition and summons shall be
 1112  served upon the incapacitated party and the guardian; and the
 1113  guardian shall defend and protect the interests of the
 1114  incapacitated party. If the incapacitated party has no guardian
 1115  other than the party bringing the proceeding, the court shall
 1116  appoint a guardian ad litem to defend and protect the interests
 1117  of the incapacitated party. However, in all dissolutions of
 1118  marriage granted on the basis of incapacity, the court may
 1119  require the petitioner to pay alimony pursuant to the provisions
 1120  of s. 61.08.
 1121         Section 15. For the purpose of incorporating the amendment
 1122  made by this act to section 61.14, Florida Statutes, in a
 1123  reference thereto, paragraph (c) of subsection (10) of section
 1124  409.2563, Florida Statutes, is reenacted to read:
 1125         409.2563 Administrative establishment of child support
 1126  obligations.—
 1127         (10) JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER
 1128  SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.—
 1129         (c) A circuit court of this state, where venue is proper
 1130  and the court has jurisdiction of the parties, may enter an
 1131  order prospectively changing the support obligations established
 1132  in an administrative support order, in which case the
 1133  administrative support order is superseded and the court’s order
 1134  shall govern future proceedings in the case. Any unpaid support
 1135  owed under the superseded administrative support order may not
 1136  be retroactively modified by the circuit court, except as
 1137  provided by s. 61.14(1)(a), and remains enforceable by the
 1138  department, by the obligee, or by the court. In all cases in
 1139  which an administrative support order is superseded, the court
 1140  shall determine the amount of any unpaid support owed under the
 1141  administrative support order and shall include the amount as
 1142  arrearage in its superseding order.
 1143         Section 16. For the purpose of incorporating the amendment
 1144  made by this act to section 61.14, Florida Statutes, in a
 1145  reference thereto, paragraph (b) of subsection (4) of section
 1146  742.031, Florida Statutes, is reenacted to read:
 1147         742.031 Hearings; court orders for support, hospital
 1148  expenses, and attorney’s fee.—
 1149         (4)
 1150         (b) The modification of the temporary support order may be
 1151  retroactive to the date of the initial entry of the temporary
 1152  support order; to the date of filing of the initial petition for
 1153  dissolution of marriage, petition for support, petition
 1154  determining paternity, or supplemental petition for
 1155  modification; or to a date prescribed in s. 61.14(1)(a) or s.
 1156  61.30(11)(c) or (17), as applicable.
 1157         Section 17. Sections 61.55-61.58, Florida Statutes, as
 1158  created by this act, shall not take effect until 30 days after
 1159  the Florida Supreme Court adopts rules of procedure and
 1160  professional responsibility consistent with this act.
 1161         Section 18. Except as otherwise expressly provided in this
 1162  act, this act shall take effect July 1, 2016.