Senate Bill sb1000
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Florida Senate - 2002 SB 1000
By Senator Dawson
30-869-02
1 A bill to be entitled
2 An act relating to paternity; amending s.
3 742.011, F.S.; requiring that determination of
4 paternity proceedings be electronically
5 recorded; creating s. 742.125, F.S.;
6 authorizing a new trial with respect to a
7 determination of paternity under certain
8 circumstances; providing conditions for the
9 granting of relief with respect to a motion for
10 a new trial; providing for genetic testing;
11 providing for the payment of fees; providing
12 for costs; providing an effective date.
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14 Be It Enacted by the Legislature of the State of Florida:
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16 Section 1. Section 742.011, Florida Statutes, is
17 amended to read:
18 742.011 Determination of paternity proceedings;
19 jurisdiction; recording.--Any woman who is pregnant or has a
20 child, any man who has reason to believe that he is the father
21 of a child, or any child may bring proceedings in the circuit
22 court, in chancery, to determine the paternity of the child
23 when paternity has not been established by law or otherwise.
24 Such proceedings for the determination of paternity shall be
25 recorded electronically.
26 Section 2. Section 742.125, Florida Statutes, is
27 created to read:
28 742.125 New trial for determination of paternity
29 permitted; procedure.--
30 (1) Any other provision of law to the contrary
31 notwithstanding, in any action in which a person is required
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Florida Senate - 2002 SB 1000
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1 to pay child support as the father of a child, an
2 extraordinary motion for a new trial may be made at any time
3 regarding the paternity of such child. Any such motion must
4 include:
5 (a) An affidavit executed by the movant that the newly
6 discovered evidence has come to the movant's knowledge since
7 the entry of judgment; and
8 (b) The results from scientifically credible genetic
9 testing showing a probability of paternity, as authorized
10 under s. 742.12 and administered within 90 days prior to the
11 filing of such motion, which finds that there is a 0 percent
12 probability that the person ordered to pay such child support
13 is the father of the child for whom support is required.
14 (2) The court shall grant relief on a motion filed in
15 accordance with subsection (1) if all of the following apply:
16 (a) The court finds that the genetic test required in
17 subsection (1) was properly conducted;
18 (b) The person ordered to pay child support has not
19 adopted the child; and
20 (c) The child was not conceived by artificial
21 insemination while the person ordered to pay child support and
22 the child's mother were in wedlock.
23 (3) The court may not deny relief on a motion filed in
24 accordance with subsection (1) solely because of the
25 occurrence of any of the following acts if the person ordered
26 to pay child support did not know at the time of the
27 occurrence of the act that he was not the natural father of
28 the child:
29 (a) The person ordered to pay child support married
30 the mother of the child;
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Florida Senate - 2002 SB 1000
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1 (b) The person ordered to pay child support
2 acknowledged his paternity of the child in a sworn statement;
3 (c) The person ordered to pay child support was named
4 as the child's natural father on the child's birth certificate
5 with the consent of the person ordered to pay child support;
6 (d) The person ordered to pay child support was
7 required to support the child because of a written voluntary
8 promise or by a court order or an administrative support
9 order;
10 (e) The person ordered to pay child support signed a
11 voluntary acknowledgement of paternity;
12 (f) The person ordered to pay child support was
13 determined to be the child's natural father; or
14 (g) The person ordered to pay child support
15 acknowledged himself to be the child's natural father.
16 (4)(a) In any action brought pursuant to this section,
17 if the genetic test results submitted in accordance with
18 subsection (1) are solely provided by the person ordered to
19 pay child support, the court on its own motion may, and on the
20 motion of any party shall, order the child's mother, the
21 child, and the person ordered to pay child support to submit
22 to genetic tests. The clerk of the court shall schedule such
23 genetic testing not later than 30 days after the court issues
24 its order.
25 (b) If the mother of the child or the person ordered
26 to pay child support willfully fails to submit to genetic
27 testing, or if either such party is the custodian of the child
28 and willfully fails to submit the child for testing, the court
29 shall issue an order determining the relief on the motion
30 against the party failing to submit to genetic testing. If a
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Florida Senate - 2002 SB 1000
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1 party shows good cause for failing to submit to genetic
2 testing, such failure is not willful.
3 (c) The party requesting genetic testing shall pay any
4 fees charged for the tests. If the custodian of the child is
5 represented by an administrative agency in its role as an
6 agency providing enforcement of child support orders, such
7 agency shall pay the cost of genetic testing if it requests
8 the test and may seek reimbursement for the fees from the
9 person against whom the court assesses the costs of the
10 action.
11 (5) If relief on a motion filed in accordance with
12 this section is not granted, the court shall assess the costs
13 of the action and attorney's fees against the movant.
14 Section 3. This act shall take effect upon being a
15 law.
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18 LEGISLATIVE SUMMARY
19 Requires that determination of paternity proceedings be
electronically recorded. Provides that in any action in
20 which a person is required to pay child support as the
father of the child, an extraordinary motion for a new
21 trial may be made at any time regarding the paternity of
the child under certain circumstances. (See bill for
22 details.)
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