Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1022
       
       
       
       
       
       
                                Ì181004hÎ181004                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/22/2018           .                                
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       The Committee on Children, Families, and Elder Affairs (Steube)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 61 - 322
    4  and insert:
    5         Section 1. Section 742.19, Florida Statutes, is created to
    6  read:
    7         742.19Establishment of parentage for children born in
    8  wedlock or when parentage is otherwise established by law.—
    9         (1) As used in this section, the term “alleged parent”
   10  means a person with a reasonable and well-founded belief that he
   11  or she is a child’s biological parent.
   12         (2)A person is presumed to be the legal parent of a child
   13  when:
   14         (a)At the time of the child’s conception or birth, the
   15  person was married to the child’s mother; or
   16         (b)Parentage has been established under s. 742.091, s.
   17  742.10, or s. 742.105.
   18         (3)The child, the child’s mother, or the child’s alleged
   19  parent may seek to rebut the presumption of legal parentage in
   20  subsection (2) by filing a petition in circuit court. The
   21  petition must:
   22         (a)Be signed by the petitioner under oath.
   23         (b)Identify as parties the mother, the mother’s spouse,
   24  the alleged parent, and any other person who may be the parent.
   25         (c)Provide specific facts to support a claim that the
   26  alleged parent is the biological parent of the child, that the
   27  alleged parent has demonstrated a substantial interest in or
   28  concern for the welfare of the child, and that it is in the best
   29  interest of the child to establish the alleged parent as the
   30  legal parent of the child.
   31         (4)(a)The court must appoint a guardian ad litem for the
   32  child unless good cause is shown that a guardian ad litem is not
   33  necessary to protect the best interest of the child. The person
   34  appointed as a guardian ad litem must meet the qualifications in
   35  s. 61.402, shall have the powers and authorities described in s.
   36  61.403, shall be immune from liability pursuant to s. 61.405,
   37  and must maintain confidentiality in accordance with s. 61.404,
   38  unless otherwise specified by a court order.
   39         (b) If the court determines that the child is of sufficient
   40  age and understanding to participate in the proceedings, the
   41  court must appoint an attorney ad litem for the child in lieu of
   42  a guardian ad litem unless good cause is shown that an attorney
   43  ad litem is not necessary to protect the best interest of the
   44  child.
   45         (5)(a)The court shall hold an evidentiary hearing on the
   46  petition and the petitioner has the burden to produce clear and
   47  convincing evidence that:
   48         1.The alleged parent has demonstrated a substantial
   49  interest in or concern for the welfare of the child; and
   50         2.The best interest of the child would be served by
   51  allowing the petition to proceed.
   52         (b) In making its determination, the court shall give
   53  particular weight to the fact that the mother is deceased or
   54  incapacitated, or that the mother seeks or obtains a dissolution
   55  of her marriage to her spouse.
   56         (c)If the court determines that the alleged parent has not
   57  demonstrated a substantial interest in or concern for the
   58  welfare of the child or that the best interest of the child
   59  would not be served by allowing the petition to proceed, the
   60  court must dismiss the petition and seal the court file.
   61         (6)(a)If the petition is allowed to proceed under
   62  subsection (5), the court must order the child and the alleged
   63  parent to submit to genetic testing conducted by a qualified
   64  technical laboratory, as defined in s. 409.256, to determine the
   65  probability of parentage. Upon the entry of the order for
   66  scientific testing, the court must inform each person to be
   67  tested of the procedures and requirements for objecting to the
   68  test results and of the consequences of the failure to object.
   69         (b) The alleged parent shall file the test results,
   70  together with the opinions and conclusions of the test
   71  laboratory, with the court no later than 15 days after the test
   72  results are issued. Test results are admissible in evidence and
   73  should be weighed along with other evidence of the parentage of
   74  the alleged parent unless the statistical probability of
   75  parentage equals or exceeds 95 percent. A statistical
   76  probability of parentage of 95 percent or more creates a
   77  rebuttable presumption, as defined in s. 90.304, that the
   78  alleged parent is a biological parent of the child.
   79         (c) Any objection to the test results must be made in
   80  writing and must be filed with the court no later than 30 days
   81  after the test results are filed or as otherwise specified by
   82  the court.
   83         1. If no objection is filed, the test results shall be
   84  admitted into evidence without the need for predicate to be laid
   85  or third-party foundation testimony to be presented.
   86         2. If an objection is filed, the court must hold an
   87  evidentiary hearing. Nothing in this paragraph prohibits a party
   88  from calling an outside expert witness to refute or support the
   89  testing procedure or results, or the mathematical theory on
   90  which they are based. If the test results or the expert analysis
   91  of the inherited characteristics is disputed, the court, upon
   92  reasonable request of a party, must order that an additional
   93  test be made by the same laboratory or an independent laboratory
   94  at the expense of the party requesting additional testing.
   95         (d) If no objection is filed or if a party fails to rebut
   96  the presumption of parentage which arose from the statistical
   97  probability of parentage of 95 percent or more, the court may
   98  enter a summary judgment of parentage and must hold a trial
   99  pursuant to subsection (7). If the test results indicate that
  100  the alleged parent is not a biological parent, the court must
  101  dismiss the petition and seal the court file.
  102         (7)If the genetic testing establishes that the alleged
  103  parent is the biological parent of the child, the court must
  104  hold a trial to determine whether:
  105         (a)The mother’s spouse remains the legal parent of the
  106  child based on the best interest of the child;
  107         (b)The parentage and legal rights and obligations of the
  108  mother’s spouse are terminated and granted to the biological
  109  parent; or
  110         (c)The mother, mother’s spouse, and biological parent must
  111  share parental rights and responsibilities.
  112         (8)To determine the best interest of the child, the court
  113  shall evaluate all of the following:
  114         (a)The established bond between the child and the mother’s
  115  spouse, including love, affection, and emotional ties.
  116         (b)The established bond between the child and the
  117  biological parent, including love, affection, and emotional
  118  ties.
  119         (c)The permanence and stability of the child’s current
  120  family unit or units, including the length of time the child has
  121  lived in a satisfactory environment and the desirability of
  122  maintaining continuity or creating stability.
  123         (d)The capacity and disposition of the mother’s spouse and
  124  the biological parent to provide for the child’s financial
  125  needs.
  126         (e)The moral fitness of the mother’s spouse and the
  127  biological parent.
  128         (f)The mental and physical health of the mother’s spouse
  129  and the biological parent.
  130         (g)The home, school, and community record of the child.
  131         (h)The preference of the child, taking into consideration
  132  the child’s age and understanding.
  133         (i)Whether the mother’s spouse or the biological parent
  134  has abandoned, abused, or neglected the child, or has otherwise
  135  been remiss in his or her responsibilities toward the child.
  136         (j)Whether the mother’s spouse or the biological parent
  137  has ever acted contrary to the best interest of the child.
  138         (k)Whether the mother’s spouse or the biological parent
  139  wishes to exercise or continue to exercise parental rights.
  140         (l) Whether the mother is deceased or incapacitated.
  141         (m) Whether the mother seeks or obtains a dissolution of
  142  her marriage to the spouse.
  143         (n)Any other factor affecting the welfare and interests of
  144  the child and the circumstances of that family.
  145         (9)(a) If the court determines that it is in the best
  146  interest of the child for the mother’s spouse to remain the
  147  legal parent of the child to the exclusion of the biological
  148  parent, the court must dismiss the petition and seal the court
  149  file.
  150         (b) If the court determines that it is in the best interest
  151  of the child for the parental rights of the mother’s spouse to
  152  be terminated and the biological parent to be the legal parent
  153  of the child, the court must enter a final order or judgment:
  154         1. Terminating the parental rights and responsibilities of
  155  the mother’s spouse, declaring that the biological parent is the
  156  legal parent of the child, and specifying the biological
  157  parent’s parental rights and responsibilities, including, but
  158  not limited to, time-sharing and child support.
  159         2.Requiring that the biological parent’s name be
  160  substituted on the child’s birth certificate and the mother’s
  161  spouse’s name be removed.
  162         (c) If the court determines that the mother’s spouse and
  163  the biological parent have each established a substantial
  164  relationship with the child and that it is in the best interest
  165  of the child for both the mother’s spouse and the biological
  166  parent to be the child’s legal parents, the court shall enter a
  167  final order or judgment:
  168         1. Preserving the parental rights of the mother’s spouse.
  169         2. Establishing the biological parent’s parental rights and
  170  responsibilities as the child’s third legal parent.
  171         3. Requiring the Office of Vital Statistics of the
  172  Department of Health to amend the child’s birth certificate to
  173  add the third legal parent.
  174         4. Declaring that each legal parent is recognized as an
  175  equal parent to the child and has equal standing to secure
  176  shared parenting rights to time-sharing, parental
  177  responsibility, and child support.
  178         (10)The court may approve, grant, or modify a parenting
  179  plan, as defined in s. 61.046, in a final order or judgment
  180  entered pursuant to paragraph (9)(b) or paragraph (9)(c). A
  181  parenting plan may be developed and agreed to by all legal
  182  parents and approved by a court or may be established by the
  183  court.
  184         (a) The court must consider the factors listed in s.
  185  61.13(3) to determine the best interest of the child before
  186  approving or establishing a parenting plan. The best interest of
  187  the child should govern and be of foremost concern in the
  188  court’s approval of or establishment of a parenting plan.
  189         (b)The court may approve or establish a parenting plan,
  190  regardless of whether the child is physically present in this
  191  state, if the court finds that the child was removed from this
  192  state for the primary purpose of removing the child from the
  193  court’s jurisdiction in an attempt to avoid the court’s
  194  approval, creation, or modification of the parenting plan.
  195         (c)A parenting plan approved or established by the court
  196  must describe the shared responsibilities for the daily tasks of
  197  parenting; the time-sharing schedule specifying the time the
  198  child will spend with each parent; a designation of which parent
  199  will be responsible for health care, school-related matters, and
  200  extracurricular activities; the address to be used for school
  201  boundary determination and registration; and the means of
  202  communication or technology which the parents will use to
  203  communicate with the child.
  204         (d)The court shall determine matters relating to the
  205  parenting and time-sharing of each child of the parties in
  206  accordance with the Uniform Child Custody Jurisdiction and
  207  Enforcement Act, part II of chapter 61.
  208         (11) The court may order the payment of child support by
  209  any legal parent or parents owing a duty of support in a final
  210  order or judgment entered pursuant to paragraph (9)(b) or
  211  paragraph (9)(c). When calculating child support, the court
  212  shall:
  213         (a)1.For an order entered pursuant to paragraph (9)(b),
  214  calculate support obligations pursuant to s. 61.30.
  215         2. For an order entered pursuant to paragraph (9)(c),
  216  ensure that the child receives the same full benefit of the
  217  total child support as a child would receive under the
  218  guidelines schedule in s. 61.30.
  219         (b) Consider each deviation factor listed in s.
  220  61.30(11)(a) to ensure that the distribution of the child
  221  support is fair and equitable.
  222         (12) The court may modify a parenting plan or child support
  223  order entered pursuant to this section upon a showing by the
  224  parent petitioning for modification that a substantial change in
  225  circumstances has occurred.
  226         (13)An order entered pursuant to this section does not
  227  
  228  ================= T I T L E  A M E N D M E N T ================
  229  And the title is amended as follows:
  230         Delete lines 3 - 21
  231  and insert:
  232         creating s. 742.19, F.S.; defining the term “alleged
  233         parent”; providing presumptions of legal parentage;
  234         authorizing a child, the child’s mother, or the
  235         child’s alleged parent to file a petition in circuit
  236         court to rebut the presumption of legal parentage;
  237         requiring such petition to include certain
  238         information; requiring the court to appoint a guardian
  239         ad litem or an attorney ad litem under certain
  240         conditions; providing qualifications and requirements
  241         for a guardian ad litem; requiring the court to hold
  242         an evidentiary hearing on the petition; specifying
  243         that the petitioner has the burden of producing
  244         certain clear and convincing evidence; requiring the
  245         court to dismiss the petition under certain
  246         circumstances; requiring the court to order genetic
  247         testing of the child and the alleged parent if the
  248         court allows the petition to proceed; requiring
  249         certain information to be included in the order;
  250         requiring the alleged parent to file the test results
  251         with the court by a