HB 0447CS

CHAMBER ACTION



1The Committee on Judiciary recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the family court efficiency; creating
7s. 25.375, F.S.; authorizing the Supreme Court to create a
8system to identify cases relating to individuals and
9families within the court system; amending s. 39.013,
10F.S.; providing for precedence of certain court orders;
11for providing for modifying a court order in certain civil
12proceeding subsequent to a court terminating jurisdiction;
13amending ss. 39.0132 and 39.814, F.S.; providing for
14limited admissibility of evidence in certain civil
15proceedings subsequent to an order entered after an
16adjudicatory hearing; amending s. 61.13, F.S.; authorizing
17the court to order payment of child support in any
18proceeding under ch. 61, F.S.; eliminating provisions
19authorizing the court to award grandparents visitation
20rights; eliminating provisions giving grandparents equal
21standing as parents for evaluating custody arrangements;
22amending s. 61.21, F.S.; revising the timeframe for
23completing a parenting course; amending s. 741.30, F.S.;
24providing for an order of temporary custody, visitation,
25or support to remain in effect until the court enters an
26order in a subsequent action; correcting a reference;
27amending ss. 61.1827 and 409.2579, F.S.; correcting cross
28references; providing for severability; providing an
29effective date.
30
31Be It Enacted by the Legislature of the State of Florida:
32
33     Section 1.  Section 25.375, Florida Statutes, is created to
34read:
35     25.375  Identification of related cases.--The Supreme Court
36may create a unique identifier for each person by which to
37identify all court cases related to that person or his or her
38family previously or currently in the court system. The unique
39identifier must be the same for that person in any court case.
40To create the unique identifier, the court may collect a portion
41of the person's social security number or other personal
42identification information, such as the person's date of birth.
43Until October 2, 2009, the state courts system and the clerk of
44the court may collect and use a portion of a person's social
45security number solely for the purpose of case management and
46identification of related cases. Failure to provide a portion of
47a social security number for this purpose may not be grounds to
48deny any services, rights, or remedies otherwise provided by
49law.
50     Section 2.  Subsection (4) of section 39.013, Florida
51Statutes, is amended to read:
52     39.013  Procedures and jurisdiction; right to counsel.--
53     (4)  Orders entered pursuant to this chapter that affect
54the placement of, access to, parental time with, adoption of, or
55parental rights and responsibilities for a minor child The order
56of the circuit court hearing dependency matters shall be filed
57by the clerk of the court in any dissolution or other custody
58action or proceeding and shall take precedence over other
59custody and visitation orders entered in civil those actions or
60proceedings. However, if the court has terminated jurisdiction,
61such order may be subsequently modified by a court of competent
62jurisdiction in any other civil action or proceeding affecting
63placement of, access to, parental time with, adoption of, or
64parental rights and responsibilities for the same minor child
65using the legal standard applicable in the subsequent
66proceeding.
67     Section 3.  Subsection (6) of section 39.0132, Florida
68Statutes, is amended, and subsection (7) is added to said
69section, to read:
70     39.0132  Oaths, records, and confidential information.--
71     (6)  No court record of proceedings under this chapter
72shall be admissible in evidence in any other civil or criminal
73proceeding, except that:
74     (a)  Orders permanently terminating the rights of a parent
75and committing the child to a licensed child-placing agency or
76the department for adoption shall be admissible in evidence in
77subsequent adoption proceedings relating to the child.
78     (a)(b)  Records of proceedings under this chapter forming a
79part of the record on appeal shall be used in the appellate
80court in the manner hereinafter provided.
81     (b)(c)  Records necessary therefor shall be admissible in
82evidence in any case in which a person is being tried upon a
83charge of having committed perjury.
84     (c)(d)  Records of proceedings under this chapter may be
85used to prove disqualification pursuant to s. 435.06 and for
86proof regarding such disqualification in a chapter 120
87proceeding.
88     (d)  A final order entered pursuant to an adjudicatory
89hearing is admissible in evidence in any subsequent civil
90proceeding relating to placement of, access to, parental time
91with, adoption of, or parental rights and responsibilities for
92the same child or a sibling of that child.
93     (e)  Evidence admitted in any proceeding under this chapter
94may be admissible in evidence when offered by any party in a
95subsequent civil proceeding relating to placement of, access to,
96parental time with, adoption of, or parental rights and
97responsibilities for the same child or a sibling of that child
98if:
99     1.  Notice is given to the opposing party or the opposing
100party's counsel of the intent to offer the evidence and a copy
101of such evidence is delivered to the opposing party or the
102opposing party's counsel; and
103     2.  The evidence is otherwise admissible in the subsequent
104civil proceeding.
105     (e)  Orders permanently and involuntarily terminating the
106rights of a parent shall be admissible as evidence in subsequent
107termination of parental rights proceedings for a sibling of the
108child for whom parental rights were terminated.
109     (7)  Final orders, records, and evidence in any proceeding
110under this chapter that are subsequently admitted in evidence
111pursuant to subsection (6) remain subject to subsections (3) and
112(4).
113     Section 4.  Subsection (6) of section 39.814, Florida
114Statutes, is amended, and subsection (7) is added to said
115section, to read:
116     39.814  Oaths, records, and confidential information.--
117     (6)  No court record of proceedings under this part shall
118be admissible in evidence in any other civil or criminal
119proceeding, except that:
120     (a)  Orders terminating the rights of a parent are
121admissible in evidence in subsequent adoption proceedings
122relating to the child and in subsequent termination of parental
123rights proceedings concerning a sibling of the child.
124     (a)(b)  Records of proceedings under this part forming a
125part of the record on appeal shall be used in the appellate
126court in the manner hereinafter provided.
127     (b)(c)  Records necessary therefor shall be admissible in
128evidence in any case in which a person is being tried upon a
129charge of having committed perjury.
130     (c)  A final order entered pursuant to an adjudicatory
131hearing is admissible in evidence in any subsequent civil
132proceeding relating to placement of, access to, parental time
133with, adoption of, or parental rights and responsibilities for
134the same child or a sibling of that child.
135     (d)  Evidence admitted in any proceeding under this part
136may be admissible in evidence when offered by any party in a
137subsequent civil proceeding relating to placement of, access to,
138parental time with, adoption of, or parental rights and
139responsibilities for the same child or a sibling of that child
140if:
141     1.  Notice is given to the opposing party or the opposing
142party's counsel of the intent to offer the evidence and a copy
143of such evidence is delivered to the opposing party or the
144opposing party's counsel; and
145     2.  The evidence is otherwise admissible in the subsequent
146civil proceeding.
147     (7)  Final orders, records, and evidence in any proceeding
148under this part that are subsequently admitted in evidence
149pursuant to subsection (6) remain subject to subsections (3) and
150(4).
151     Section 5.  Paragraph (a) of subsection (1), paragraph (b)
152of subsection (2), and subsections (7) through (10) of section
15361.13, Florida Statutes, are amended to read:
154     61.13  Custody and support of children; visitation rights;
155power of court in making orders.--
156     (1)(a)  In a proceeding under this chapter for dissolution
157of marriage, the court may at any time order either or both
158parents who owe a duty of support to a child to pay support in
159accordance with the guidelines in s. 61.30. The court initially
160entering an order requiring one or both parents to make child
161support payments shall have continuing jurisdiction after the
162entry of the initial order to modify the amount and terms and
163conditions of the child support payments when the modification
164is found necessary by the court in the best interests of the
165child, when the child reaches majority, or when there is a
166substantial change in the circumstances of the parties.  The
167court initially entering a child support order shall also have
168continuing jurisdiction to require the obligee to report to the
169court on terms prescribed by the court regarding the disposition
170of the child support payments.
171     (2)
172     (b)1.  The court shall determine all matters relating to
173custody of each minor child of the parties in accordance with
174the best interests of the child and in accordance with the
175Uniform Child Custody Jurisdiction and Enforcement Act. It is
176the public policy of this state to assure that each minor child
177has frequent and continuing contact with both parents after the
178parents separate or the marriage of the parties is dissolved and
179to encourage parents to share the rights and responsibilities,
180and joys, of childrearing. After considering all relevant facts,
181the father of the child shall be given the same consideration as
182the mother in determining the primary residence of a child
183irrespective of the age or sex of the child.
184     2.  The court shall order that the parental responsibility
185for a minor child be shared by both parents unless the court
186finds that shared parental responsibility would be detrimental
187to the child. Evidence that a parent has been convicted of a
188felony of the third degree or higher involving domestic
189violence, as defined in s. 741.28 and chapter 775, or meets the
190criteria of s. 39.806(1)(d), creates a rebuttable presumption of
191detriment to the child. If the presumption is not rebutted,
192shared parental responsibility, including visitation, residence
193of the child, and decisions made regarding the child, may not be
194granted to the convicted parent. However, the convicted parent
195is not relieved of any obligation to provide financial support.
196If the court determines that shared parental responsibility
197would be detrimental to the child, it may order sole parental
198responsibility and make such arrangements for visitation as will
199best protect the child or abused spouse from further harm.
200Whether or not there is a conviction of any offense of domestic
201violence or child abuse or the existence of an injunction for
202protection against domestic violence, the court shall consider
203evidence of domestic violence or child abuse as evidence of
204detriment to the child.
205     a.  In ordering shared parental responsibility, the court
206may consider the expressed desires of the parents and may grant
207to one party the ultimate responsibility over specific aspects
208of the child's welfare or may divide those responsibilities
209between the parties based on the best interests of the child.
210Areas of responsibility may include primary residence,
211education, medical and dental care, and any other
212responsibilities that the court finds unique to a particular
213family.
214     b.  The court shall order "sole parental responsibility,
215with or without visitation rights, to the other parent when it
216is in the best interests of" the minor child.
217     c.  The court may award the grandparents visitation rights
218with a minor child if it is in the child's best interest.
219Grandparents have legal standing to seek judicial enforcement of
220such an award. This section does not require that grandparents
221be made parties or given notice of dissolution pleadings or
222proceedings. A court may not order that a child be kept within
223the state or jurisdiction of the court solely for the purpose of
224permitting visitation by the grandparents.
225     3.  Access to records and information pertaining to a minor
226child, including, but not limited to, medical, dental, and
227school records, may not be denied to a parent because the parent
228is not the child's primary residential parent. Full rights under
229this subparagraph apply to either parent unless a court order
230specifically revokes these rights, including any restrictions on
231these rights as provided in a domestic violence injunction. A
232parent having rights under this subparagraph has the same rights
233upon request as to form, substance, and manner of access as are
234available to the other parent of a child, including, without
235limitation, the right to in-person communication with medical,
236dental, and education providers.
237     (7)  In any case where the child is actually residing with
238a grandparent in a stable relationship, whether the court has
239awarded custody to the grandparent or not, the court may
240recognize the grandparents as having the same standing as
241parents for evaluating what custody arrangements are in the best
242interest of the child.
243     (7)(8)  If the court orders that parental responsibility,
244including visitation, be shared by both parents, the court may
245not deny the noncustodial parent overnight contact and access to
246or visitation with the child solely because of the age or sex of
247the child.
248     (8)(9)(a)  Beginning July 1, 1997, each party to any
249paternity or support proceeding is required to file with the
250tribunal as defined in s. 88.1011(22) and State Case Registry
251upon entry of an order, and to update as appropriate,
252information on location and identity of the party, including
253social security number, residential and mailing addresses,
254telephone number, driver's license number, and name, address,
255and telephone number of employer. Beginning October 1, 1998,
256each party to any paternity or child support proceeding in a
257non-Title IV-D case shall meet the above requirements for
258updating the tribunal and State Case Registry.
259     (b)  Pursuant to the federal Personal Responsibility and
260Work Opportunity Reconciliation Act of 1996, each party is
261required to provide his or her social security number in
262accordance with this section. Disclosure of social security
263numbers obtained through this requirement shall be limited to
264the purpose of administration of the Title IV-D program for
265child support enforcement.
266     (c)  Beginning July 1, 1997, in any subsequent Title IV-D
267child support enforcement action between the parties, upon
268sufficient showing that diligent effort has been made to
269ascertain the location of such a party, the court of competent
270jurisdiction shall deem state due process requirements for
271notice and service of process to be met with respect to the
272party, upon delivery of written notice to the most recent
273residential or employer address filed with the tribunal and
274State Case Registry pursuant to paragraph (a). Beginning October
2751, 1998, in any subsequent non-Title IV-D child support
276enforcement action between the parties, the same requirements
277for service shall apply.
278     (9)(10)  At the time an order for child support is entered,
279each party is required to provide his or her social security
280number and date of birth to the court, as well as the name, date
281of birth, and social security number of each minor child that is
282the subject of such child support order. Pursuant to the federal
283Personal Responsibility and Work Opportunity Reconciliation Act
284of 1996, each party is required to provide his or her social
285security number in accordance with this section. All social
286security numbers required by this section shall be provided by
287the parties and maintained by the depository as a separate
288attachment in the file. Disclosure of social security numbers
289obtained through this requirement shall be limited to the
290purpose of administration of the Title IV-D program for child
291support enforcement.
292     Section 6.  Subsections (3) and (4) of section 61.21,
293Florida Statutes, are amended to read:
294     61.21  Parenting course authorized; fees; required
295attendance authorized; contempt.--
296     (3)  All parties to a dissolution of marriage proceeding
297with minor children or a paternity action that which involves
298issues of parental responsibility shall be required to complete
299the Parent Education and Family Stabilization Course prior to
300the entry by the court of a final judgment. The court may excuse
301a party from attending the parenting course or meeting the
302required timeframe for completing the course for good cause.
303     (4)  All parties required to complete a parenting course
304under this section shall begin the course as expeditiously as
305possible after filing for dissolution of marriage or paternity.
306Unless excused by the court pursuant to subsection (3), the
307petitioner in the action must complete the course within 45 days
308after filing the petition, and all other parties to the action
309must complete the course within 45 days after service of the
310petition. Each party and shall file proof of compliance with the
311court prior to the entry of the final judgment.
312     Section 7.  Paragraph (a) of subsection (5) and paragraph
313(a) of subsection (6) of section 741.30, Florida Statutes, are
314amended to read:
315     741.30  Domestic violence; injunction; powers and duties of
316court and clerk; petition; notice and hearing; temporary
317injunction; issuance of injunction; statewide verification
318system; enforcement.--
319     (5)(a)  When it appears to the court that an immediate and
320present danger of domestic violence exists, the court may grant
321a temporary injunction ex parte, pending a full hearing, and may
322grant such relief as the court deems proper, including an
323injunction:
324     1.  Restraining the respondent from committing any acts of
325domestic violence.
326     2.  Awarding to the petitioner the temporary exclusive use
327and possession of the dwelling that the parties share or
328excluding the respondent from the residence of the petitioner.
329     3.  On the same basis as provided in s. 61.13(2),(3), (4),
330and (5), granting to the petitioner temporary custody of a minor
331child or children. An order of temporary custody remains in
332effect until the order expires or an order is entered by a court
333of competent jurisdiction in a pending or subsequent civil
334action or proceeding affecting the placement of, access to,
335parental time with, adoption of, or parental rights and
336responsibilities for the minor child.
337     (6)(a)  Upon notice and hearing, when it appears to the
338court that the petitioner is either the victim of domestic
339violence as defined by s. 741.28 or has reasonable cause to
340believe he or she is in imminent danger of becoming a victim of
341domestic violence, the court may grant such relief as the court
342deems proper, including an injunction:
343     1.  Restraining the respondent from committing any acts of
344domestic violence.
345     2.  Awarding to the petitioner the exclusive use and
346possession of the dwelling that the parties share or excluding
347the respondent from the residence of the petitioner.
348     3.  On the same basis as provided in chapter 61, awarding
349temporary custody of, or temporary visitation rights with regard
350to, a minor child or children of the parties. An order of
351temporary custody or visitation remains in effect until the
352order expires or an order is entered by a court of competent
353jurisdiction in a pending or subsequent civil action or
354proceeding affecting the placement of, access to, parental time
355with, adoption of, or parental rights and responsibilities for
356the minor child.
357     4.  On the same basis as provided in chapter 61,
358establishing temporary support for a minor child or children or
359the petitioner. An order of temporary support remains in effect
360until the order expires or an order is entered by a court of
361competent jurisdiction in a pending or subsequent civil action
362or proceeding affecting child support.
363     5.  Ordering the respondent to participate in treatment,
364intervention, or counseling services to be paid for by the
365respondent. When the court orders the respondent to participate
366in a batterers' intervention program, the court, or any entity
367designated by the court, must provide the respondent with a list
368of all certified batterers' intervention programs and all
369programs which have submitted an application to the Department
370of Children and Family Services Corrections to become certified
371under s. 741.32 741.325, from which the respondent must choose a
372program in which to participate. If there are no certified
373batterers' intervention programs in the circuit, the court shall
374provide a list of acceptable programs from which the respondent
375must choose a program in which to participate.
376     6.  Referring a petitioner to a certified domestic violence
377center. The court must provide the petitioner with a list of
378certified domestic violence centers in the circuit which the
379petitioner may contact.
380     7.  Ordering such other relief as the court deems necessary
381for the protection of a victim of domestic violence, including
382injunctions or directives to law enforcement agencies, as
383provided in this section.
384     Section 8.  Paragraph (b) of subsection (1) of section
38561.1827, Florida Statutes, is amended to read:
386     61.1827  Identifying information concerning applicants for
387and recipients of child support services.--
388     (1)  Any information that reveals the identity of
389applicants for or recipients of child support services,
390including the name, address, and telephone number of such
391persons, in the possession of a non-Title IV-D county child
392support enforcement agency is confidential and exempt from
393public disclosure pursuant to s. 119.07(1) and s. 24(a) of Art.
394I of the State Constitution. The use or disclosure of such
395information by the non-Title IV-D county child support
396enforcement agency is limited to the purposes directly connected
397with:
398     (b)  Mandatory disclosure of identifying and location
399information as provided in s. 61.13(8)(9) by the non-Title IV-D
400county child support enforcement agency when providing non-Title
401IV-D services; or
402     Section 9.  Paragraph (e) of subsection (1) of section
403409.2579, Florida Statutes, is amended to read:
404     409.2579  Safeguarding Title IV-D case file information.--
405     (1)  Information concerning applicants for or recipients of
406Title IV-D child support services is confidential and exempt
407from the provisions of s. 119.07(1). The use or disclosure of
408such information by the IV-D program is limited to purposes
409directly connected with:
410     (e)  Mandatory disclosure of identifying and location
411information as provided in s. 61.13(8)(9) by the IV-D program
412when providing Title IV-D services.
413     Section 10.  If any provision of this act or its
414application to any person or circumstance is held invalid, the
415invalidity does not affect other provisions or applications of
416the act which can be given effect without the invalid provision
417or application, and to this end the provisions of this act are
418severable.
419     Section 11.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.