Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 124
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Bean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 68 - 102
    4  and insert:
    5  interest of the child, including, but not limited to, a
    6  reasonable plan for transitioning custody.
    7         Section 5. Subsections (4), (6), and (7) of section 751.05,
    8  Florida Statutes, are amended to read:
    9         751.05 Order granting temporary or concurrent custody.—
   10         (4) The order granting:
   11         (a) Concurrent custody of the minor child may not eliminate
   12  or diminish the custodial rights of the child’s parent or
   13  parents. The order must expressly state that the grant of
   14  custody does not affect the ability of the child’s parent or
   15  parents to obtain physical custody of the child at any time,
   16  except that the court may approve provisions requested in the
   17  petition which are related to the best interest of the child,
   18  including a reasonable transition plan that provides for a
   19  return of custody back to the child’s parent or parents.
   20         (b) Temporary custody of the minor child to the petitioner
   21  may include provisions requested in the petition which are
   22  related to the best interest of the child, including a
   23  reasonable transition plan that provides for a return of custody
   24  back to the parent or parents, and may also grant visitation
   25  rights to the child’s parent or parents, if it is in the best
   26  interest of the child.
   27         (6) At any time, either or both of the child’s parents may
   28  petition the court to modify or terminate the order granting
   29  temporary custody.
   30         (a)The court may modify an order granting temporary
   31  custody if the parties consent or if modification is in the best
   32  interest of the child.
   33         (b) The court shall terminate the order upon a finding that
   34  the parent is a fit parent, or by consent of the parties, except
   35  that the court may require the parties to comply with provisions
   36  approved in the order which are related to a reasonable plan for
   37  transitioning custody before terminating the order.
   38         (c)If the order granting temporary custody was entered
   39  after a finding that the child’s parent or parents are unfit and
   40  the child has been in the temporary custody of an extended
   41  family member for a period of time the court determines to be
   42  significant, the court may, on its own motion, establish
   43  reasonable conditions, which are in the best interests of the
   44  child, for transitioning the child back to the custody of the
   45  child’s parent or parents. In determining such reasonable
   46  conditions, the court shall consider all of the following:
   47         1.The length of time the child lived or resided with the
   48  extended family member.
   49         2.The child’s developmental stage.
   50         3.The length of time reasonably needed to complete the
   51  transition The court may modify an order granting temporary
   52  custody if the parties consent or if modification is in the best
   53  interest of the child.
   54         (7) At any time, the petitioner or either or both of the
   55  child’s parents may move the court to terminate the order
   56  granting concurrent custody.
   57         (a) The court shall terminate the order upon a finding that
   58  either or both of the child’s parents object to the order,
   59  except that the court may require the parties to comply with
   60  provisions approved in the order which are related to a
   61  reasonable plan for transitioning custody before terminating the
   62  order.
   63  
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete lines 15 - 17
   67  and insert:
   68         the court to order on its own motion the transitioning
   69         of a child back to the custody of his or parents in
   70         such proceedings under certain circumstances;
   71         requiring the court to consider specified factors when
   72         entering such order; authorizing courts to require
   73         parties to comply with provisions approved in the
   74         order which relate to a reasonable plan for
   75         transitioning custody before terminating the order;
   76         providing an effective date.