Senate Bill sb0586c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                            CS for SB 586

    By the Committee on Judiciary; and Senator Lynn





    308-2045-04

  1                      A bill to be entitled

  2         An act relating to the family court efficiency;

  3         creating s. 25.375, F.S.; authorizing the

  4         Supreme Court to create a system to identify

  5         cases relating to individuals and families

  6         within the court system; amending s. 39.013,

  7         F.S.; providing for modifying a court order in

  8         a subsequent civil proceeding; amending s.

  9         39.0132, F.S.; providing for limited

10         admissibility of evidence in subsequent civil

11         proceedings; amending s. 39.521, F.S.;

12         conforming provisions to s.39.0132 , F.S.,

13         regarding modification of a court order in a

14         subsequent civil action or proceeding; amending

15         s. 39.814, F.S.; providing for limited

16         admissibility of evidence in subsequent civil

17         proceedings; amending s. 61.13, F.S.; providing

18         for the court to determine matters relating to

19         child support in any proceeding under ch. 61,

20         F.S.; eliminating provisions authorizing the

21         court to award grandparents visitation rights;

22         eliminating provisions giving grandparents

23         equal standing as parents for evaluating

24         custody arrangements; amending s. 61.21, F.S.;

25         revising the timeframe for completing a

26         parenting course; amending s. 741.30, F.S.;

27         providing for an order of temporary custody,

28         visitation, or support to remain in effect

29         until the court enters an order in a subsequent

30         action; amending ss. 61.1827 and 409.2579,

31         F.S., relating to information about applicants

                                  1

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1         and recipients of child support services;

 2         conforming cross-references; providing for

 3         severability; providing an effective date.

 4  

 5  Be It Enacted by the Legislature of the State of Florida:

 6  

 7         Section 1.  Section 25.375, Florida Statutes, is

 8  created to read:

 9         25.375  Identification of related cases.--The Supreme

10  Court may create a unique identifier for each person by which

11  to identify all court cases related to that person or his or

12  her family previously or currently in the court system. The

13  unique identifier must be the same for that person in any

14  court case. To create the unique identifier, the court may

15  collect a portion of the person's social security number or

16  other personal identification information, such as the

17  person's date of birth. Until October 2, 2009, the state

18  courts system and the clerk of the court may collect and use a

19  portion of a person's social security number solely for the

20  purpose of case management and identification of related

21  cases. Failure to provide a social security number for this

22  purpose may not be grounds to deny any services, rights, or

23  remedies otherwise provided by law.

24         Section 2.  Subsection (4) of section 39.013, Florida

25  Statutes, is amended to read:

26         39.013  Procedures and jurisdiction; right to

27  counsel.--

28         (4)  Orders entered pursuant to this chapter which

29  affect the placement of, access to, parental time with,

30  adoption, or parental rights and responsibilities for a minor

31  child The order of the circuit court hearing dependency

                                  2

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  matters shall be filed by the clerk of the court in any

 2  dissolution or other custody action or proceeding and shall

 3  take precedence over other custody and visitation orders

 4  entered in civil those actions or proceedings. However, if the

 5  court has terminated jurisdiction, such order may be

 6  subsequently modified by a court of competent jurisdiction in

 7  any other civil action or proceeding affecting placement of,

 8  access to, parental time with, adoption, or parental rights

 9  and responsibilities for the same minor child.

10         Section 3.  Subsection (6) of section 39.0132, Florida

11  Statutes, is amended, and subsection (7) is added to that

12  section, to read:

13         39.0132  Oaths, records, and confidential

14  information.--

15         (6)  No court record of proceedings under this chapter

16  shall be admissible in evidence in any other civil or criminal

17  proceeding, except that:

18         (a)  Orders permanently terminating the rights of a

19  parent and committing the child to a licensed child-placing

20  agency or the department for adoption shall be admissible in

21  evidence in subsequent adoption proceedings relating to the

22  child.

23         (a)(b)  Records of proceedings under this chapter

24  forming a part of the record on appeal shall be used in the

25  appellate court in the manner hereinafter provided.

26         (b)(c)  Records necessary therefor shall be admissible

27  in evidence in any case in which a person is being tried upon

28  a charge of having committed perjury.

29         (c)(d)  Records of proceedings under this chapter may

30  be used to prove disqualification pursuant to s. 435.06 and

31  

                                  3

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  for proof regarding such disqualification in a chapter 120

 2  proceeding.

 3         (d)  A final order entered pursuant to an adjudicatory

 4  hearing is admissible in evidence in any subsequent civil

 5  proceeding relating to placement of, access to, parental time

 6  with, adoption, or parental rights and responsibilities for

 7  the same child or a sibling of that child.

 8         (e)  Evidence admitted in any proceeding under this

 9  chapter may be admissible in evidence when offered by any

10  party in a subsequent civil proceeding relating to placement

11  of, access to, parental time with, adoption, or parental

12  rights and responsibilities for the same child or a sibling of

13  that child if:

14         1.  Notice is given to the opposing party or opposing

15  party's counsel of the intent to offer the evidence and a copy

16  of such evidence is delivered to the opposing party or the

17  opposing party's counsel; and

18         2.  The evidence is otherwise admissible in the

19  subsequent civil proceeding.

20         (e)  Orders permanently and involuntarily terminating

21  the rights of a parent shall be admissible as evidence in

22  subsequent termination of parental rights proceedings for a

23  sibling of the child for whom parental rights were terminated.

24         (7)  Final orders, records, and evidence in any

25  proceeding under this chapter which are subsequently admitted

26  in evidence pursuant to subsection (6) remain subject to

27  subsections (3) and (4).

28         Section 4.  Subsection (3) of section 39.521, Florida

29  Statutes, is amended to read:

30         39.521  Disposition hearings; powers of disposition.--

31  

                                  4

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1         (3)  When any child is adjudicated by a court to be

 2  dependent, the court shall determine the appropriate placement

 3  for the child as follows:

 4         (a)  If the court determines that the child can safely

 5  remain in the home with the parent with whom the child was

 6  residing at the time the events or conditions arose that

 7  brought the child within the jurisdiction of the court and

 8  that remaining in this home is in the best interest of the

 9  child, then the court shall order conditions under which the

10  child may remain or return to the home and that this placement

11  be under the protective supervision of the department for not

12  less than 6 months.

13         (b)  If there is a parent with whom the child was not

14  residing at the time the events or conditions arose that

15  brought the child within the jurisdiction of the court who

16  desires to assume custody of the child, the court shall place

17  the child with that parent upon completion of a home study,

18  unless the court finds that such placement would endanger the

19  safety, well-being, or physical, mental, or emotional health

20  of the child. Any party with knowledge of the facts may

21  present to the court evidence regarding whether the placement

22  will endanger the safety, well-being, or physical, mental, or

23  emotional health of the child. If the court places the child

24  with such parent, it may do either of the following:

25         1.  Order that the parent assume sole custodial

26  responsibilities for the child. The court may also provide for

27  reasonable visitation by the noncustodial parent. The court

28  may then terminate its jurisdiction over the child. The

29  custody order shall continue unless modified by a subsequent

30  order of the circuit court hearing dependency matters. The

31  order of the circuit court hearing dependency matters shall be

                                  5

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  filed in any dissolution or other custody action or proceeding

 2  between the parents and shall take precedence over other

 3  custody and visitation orders entered in those actions.

 4         2.  Order that the parent assume custody subject to the

 5  jurisdiction of the circuit court hearing dependency matters.

 6  The court may order that reunification services be provided to

 7  the parent from whom the child has been removed, that services

 8  be provided solely to the parent who is assuming physical

 9  custody in order to allow that parent to retain later custody

10  without court jurisdiction, or that services be provided to

11  both parents, in which case the court shall determine at every

12  review hearing which parent, if either, shall have custody of

13  the child. The standard for changing custody of the child from

14  one parent to another or to a relative or another adult

15  approved by the court shall be the best interest of the child.

16         (c)  If no fit parent is willing or available to assume

17  care and custody of the child, place the child in the

18  temporary legal custody of an adult relative or other adult

19  approved by the court who is willing to care for the child,

20  under the protective supervision of the department. The

21  department must supervise this placement until the child

22  reaches permanency status in this home, and in no case for a

23  period of less than 6 months. Permanency in a relative

24  placement shall be by adoption, long-term custody, or

25  guardianship.

26         (d)  If the child cannot be safely placed in a

27  nonlicensed placement, the court shall commit the child to the

28  temporary legal custody of the department. Such commitment

29  invests in the department all rights and responsibilities of a

30  legal custodian. The department shall not return any child to

31  the physical care and custody of the person from whom the

                                  6

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  child was removed, except for court-approved visitation

 2  periods, without the approval of the court. The term of such

 3  commitment continues until terminated by the court or until

 4  the child reaches the age of 18. After the child is committed

 5  to the temporary legal custody of the department, all further

 6  proceedings under this section are governed by this chapter.

 7  

 8  Protective supervision continues until the court terminates it

 9  or until the child reaches the age of 18, whichever date is

10  first. Protective supervision shall be terminated by the court

11  whenever the court determines that permanency has been

12  achieved for the child, whether with a parent, another

13  relative, or a legal custodian, and that protective

14  supervision is no longer needed. The termination of

15  supervision may be with or without retaining jurisdiction, at

16  the court's discretion, and shall in either case be considered

17  a permanency option for the child. The order terminating

18  supervision by the department shall set forth the powers of

19  the custodian of the child and shall include the powers

20  ordinarily granted to a guardian of the person of a minor

21  unless otherwise specified. Upon the court's termination of

22  supervision by the department, no further judicial reviews are

23  required, so long as permanency has been established for the

24  child.

25         Section 5.  Subsection (6) of section 39.814, Florida

26  Statutes, is amended, and subsection (7) is added to that

27  section, to read:

28         39.814  Oaths, records, and confidential information.--

29         (6)  No court record of proceedings under this part

30  shall be admissible in evidence in any other civil or criminal

31  proceeding, except that:

                                  7

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1         (a)  Orders terminating the rights of a parent are

 2  admissible in evidence in subsequent adoption proceedings

 3  relating to the child and in subsequent termination of

 4  parental rights proceedings concerning a sibling of the child.

 5         (a)(b)  Records of proceedings under this part forming

 6  a part of the record on appeal shall be used in the appellate

 7  court in the manner hereinafter provided.

 8         (b)(c)  Records necessary therefor shall be admissible

 9  in evidence in any case in which a person is being tried upon

10  a charge of having committed perjury.

11         (c)  A final order entered pursuant to an adjudicatory

12  hearing is admissible in evidence in any subsequent civil

13  proceeding relating to placement of, access to, parental time

14  with, adoption, or parental rights and responsibilities for

15  the same child or a sibling of that child.

16         (d)  Evidence admitted in any proceeding under this

17  part may be admissible in evidence when offered by any party

18  in a subsequent civil proceeding relating to placement of,

19  access to, parental time with, adoption, or parental rights

20  and responsibilities for the same child or a sibling of that

21  child if:

22         1.  Notice is given to the opposing party or opposing

23  party's counsel of the intent to offer the evidence and a copy

24  of such evidence is delivered to the opposing party or

25  opposing party's counsel; and

26         2.  The evidence is otherwise admissible in the

27  subsequent civil proceeding.

28         (7)  Final orders, records, and evidence in any

29  proceeding under this part which are subsequently admitted in

30  evidence pursuant to subsection (6) remain subject to

31  subsections (3) and (4).

                                  8

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1         Section 6.  Section 61.13, Florida Statutes, is amended

 2  to read:

 3         61.13  Custody and support of children; visitation

 4  rights; power of court in making orders.--

 5         (1)(a)  In a proceeding under this chapter for

 6  dissolution of marriage, the court may at any time order

 7  either or both parents who owe a duty of support to a child to

 8  pay support in accordance with the guidelines in s. 61.30.

 9  The court initially entering an order requiring one or both

10  parents to make child support payments shall have continuing

11  jurisdiction after the entry of the initial order to modify

12  the amount and terms and conditions of the child support

13  payments when the modification is found necessary by the court

14  in the best interests of the child, when the child reaches

15  majority, or when there is a substantial change in the

16  circumstances of the parties.  The court initially entering a

17  child support order shall also have continuing jurisdiction to

18  require the obligee to report to the court on terms prescribed

19  by the court regarding the disposition of the child support

20  payments.

21         (b)  Each order for support shall contain a provision

22  for health care coverage for the minor child when the coverage

23  is reasonably available. Coverage is reasonably available if

24  either the obligor or obligee has access at a reasonable rate

25  to a group health plan.  The court may require the obligor

26  either to provide health care coverage or to reimburse the

27  obligee for the cost of health care coverage for the minor

28  child when coverage is provided by the obligee.  In either

29  event, the court shall apportion the cost of coverage, and any

30  noncovered medical, dental, and prescription medication

31  expenses of the child, to both parties by adding the cost to

                                  9

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  the basic obligation determined pursuant to s. 61.30(6). The

 2  court may order that payment of uncovered medical, dental, and

 3  prescription medication expenses of the minor child be made

 4  directly to the obligee on a percentage basis.

 5         1.  In a non-Title IV-D case, a copy of the court order

 6  for health care coverage shall be served on the obligor's

 7  union or employer by the obligee when the following conditions

 8  are met:

 9         a.  The obligor fails to provide written proof to the

10  obligee within 30 days after receiving effective notice of the

11  court order, that the health care coverage has been obtained

12  or that application for coverage has been made;

13         b.  The obligee serves written notice of intent to

14  enforce an order for health care coverage on the obligor by

15  mail at the obligor's last known address; and

16         c.  The obligor fails within 15 days after the mailing

17  of the notice to provide written proof to the obligee that the

18  health care coverage existed as of the date of mailing.

19         2.a.  A support order enforced under Title IV-D of the

20  Social Security Act which requires that the obligor provide

21  health care coverage is enforceable by the department through

22  the use of the national medical support notice, and an

23  amendment to the support order is not required. The department

24  shall transfer the national medical support notice to the

25  obligor's union or employer. The department shall notify the

26  obligor in writing that the notice has been sent to the

27  obligor's union or employer, and the written notification must

28  include the obligor's rights and duties under the national

29  medical support notice. The obligor may contest the

30  withholding required by the national medical support notice

31  based on a mistake of fact. To contest the withholding, the

                                  10

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  obligor must file a written notice of contest with the

 2  department within 15 business days after the date the obligor

 3  receives written notification of the national medical support

 4  notice from the department. Filing with the department is

 5  complete when the notice is received by the person designated

 6  by the department in the written notification. The notice of

 7  contest must be in the form prescribed by the department. Upon

 8  the timely filing of a notice of contest, the department

 9  shall, within 5 business days, schedule an informal conference

10  with the obligor to discuss the obligor's factual dispute. If

11  the informal conference resolves the dispute to the obligor's

12  satisfaction or if the obligor fails to attend the informal

13  conference, the notice of contest is deemed withdrawn. If the

14  informal conference does not resolve the dispute, the obligor

15  may request an administrative hearing under chapter 120 within

16  5 business days after the termination of the informal

17  conference, in a form and manner prescribed by the department.

18  However, the filing of a notice of contest by the obligor does

19  not delay the withholding of premium payments by the union,

20  employer, or health plan administrator. The union, employer,

21  or health plan administrator must implement the withholding as

22  directed by the national medical support notice unless

23  notified by the department that the national medical support

24  notice is terminated.

25         b.  In a Title IV-D case, the department shall notify

26  an obligor's union or employer if the obligation to provide

27  health care coverage through that union or employer is

28  terminated.

29         3.  In a non-Title IV-D case, upon receipt of the order

30  pursuant to subparagraph 1., or upon application of the

31  obligor pursuant to the order, the union or employer shall

                                  11

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  enroll the minor child as a beneficiary in the group health

 2  plan regardless of any restrictions on the enrollment period

 3  and withhold any required premium from the obligor's income.

 4  If more than one plan is offered by the union or employer, the

 5  child shall be enrolled in the group health plan in which the

 6  obligor is enrolled.

 7         4.a.  Upon receipt of the national medical support

 8  notice under subparagraph 2. in a Title IV-D case, the union

 9  or employer shall transfer the notice to the appropriate group

10  health plan administrator within 20 business days after the

11  date on the notice. The plan administrator must enroll the

12  child as a beneficiary in the group health plan regardless of

13  any restrictions on the enrollment period, and the union or

14  employer must withhold any required premium from the obligor's

15  income upon notification by the plan administrator that the

16  child is enrolled. The child shall be enrolled in the group

17  health plan in which the obligor is enrolled. If the group

18  health plan in which the obligor is enrolled is not available

19  where the child resides or if the obligor is not enrolled in

20  group coverage, the child shall be enrolled in the lowest cost

21  group health plan that is available where the child resides.

22         b.  If health care coverage or the obligor's employment

23  is terminated in a Title IV-D case, the union or employer that

24  is withholding premiums for health care coverage under a

25  national medical support notice must notify the department

26  within 20 days after the termination and provide the obligor's

27  last known address and the name and address of the obligor's

28  new employer, if known.

29         5.a.  The amount withheld by a union or employer in

30  compliance with a support order may not exceed the amount

31  allowed under s. 303(b) of the Consumer Credit Protection Act,

                                  12

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  15 U.S.C. s. 1673(b), as amended. The union or employer shall

 2  withhold the maximum allowed by the Consumer Credit Protection

 3  Act in the following order:

 4         (I)  Current support, as ordered.

 5         (II)  Premium payments for health care coverage, as

 6  ordered.

 7         (III)  Past due support, as ordered.

 8         (IV)  Other medical support or coverage, as ordered.

 9         b.  If the combined amount to be withheld for current

10  support plus the premium payment for health care coverage

11  exceed the amount allowed under the Consumer Credit Protection

12  Act, and the health care coverage cannot be obtained unless

13  the full amount of the premium is paid, the union or employer

14  may not withhold the premium payment. However, the union or

15  employer shall withhold the maximum allowed in the following

16  order:

17         (I)  Current support, as ordered.

18         (II)  Past due support, as ordered.

19         (III)  Other medical support or coverage, as ordered.

20         6.  The Department of Revenue may adopt rules to

21  administer the child support enforcement provisions of this

22  section which affect Title IV-D cases.

23         (c)  To the extent necessary to protect an award of

24  child support, the court may order the obligor to purchase or

25  maintain a life insurance policy or a bond, or to otherwise

26  secure the child support award with any other assets which may

27  be suitable for that purpose.

28         (d)1.  Unless the provisions of subparagraph 3. apply,

29  all child support orders entered on or after January 1, 1985,

30  shall direct that the payments of child support be made as

31  provided in s. 61.181 through the depository in the county

                                  13

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  where the court is located. All child support orders shall

 2  provide the full name, date of birth, and social security

 3  number of each minor child who is the subject of the child

 4  support order.

 5         2.  Unless the provisions of subparagraph 3. apply, all

 6  child support orders entered before January 1, 1985, shall be

 7  modified by the court to direct that payments of child support

 8  shall be made through the depository in the county where the

 9  court is located upon the subsequent appearance of either or

10  both parents to modify or enforce the order, or in any related

11  proceeding.

12         3.  If both parties request and the court finds that it

13  is in the best interest of the child, support payments need

14  not be directed through the depository.  The order of support

15  shall provide, or shall be deemed to provide, that either

16  party may subsequently apply to the depository to require

17  direction of the payments through the depository.  The court

18  shall provide a copy of the order to the depository.

19         4.  If the parties elect not to require that support

20  payments be made through the depository, any party may

21  subsequently file an affidavit with the depository alleging a

22  default in payment of child support and stating that the party

23  wishes to require that payments be made through the

24  depository. The party shall provide copies of the affidavit to

25  the court and to each other party.  Fifteen days after receipt

26  of the affidavit, the depository shall notify both parties

27  that future payments shall be paid through the depository.

28         5.  In IV-D cases, the IV-D agency shall have the same

29  rights as the obligee in requesting that payments be made

30  through the depository.

31  

                                  14

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1         (e)  In a judicial circuit with a work experience and

 2  job training pilot project, if the obligor is unemployed or

 3  has no income and does not have an account at a financial

 4  institution, then the court shall order the obligor to seek

 5  employment, if the obligor is able to engage in employment,

 6  and to immediately notify the court upon obtaining employment,

 7  upon obtaining any income, or upon obtaining any ownership of

 8  any asset with a value of $500 or more.  If the obligor is

 9  still unemployed 30 days after any order for support, the

10  court may order the obligor to enroll in the work experience,

11  job placement, and job training pilot program for noncustodial

12  parents as established in s. 409.2565, if the obligor is

13  eligible for entrance into the pilot program.

14         (2)(a)  The court shall have jurisdiction to determine

15  custody, notwithstanding that the child is not physically

16  present in this state at the time of filing any proceeding

17  under this chapter, if it appears to the court that the child

18  was removed from this state for the primary purpose of

19  removing the child from the jurisdiction of the court in an

20  attempt to avoid a determination or modification of custody.

21         (b)1.  The court shall determine all matters relating

22  to custody of each minor child of the parties in accordance

23  with the best interests of the child and in accordance with

24  the Uniform Child Custody Jurisdiction and Enforcement Act. It

25  is the public policy of this state to assure that each minor

26  child has frequent and continuing contact with both parents

27  after the parents separate or the marriage of the parties is

28  dissolved and to encourage parents to share the rights and

29  responsibilities, and joys, of childrearing. After considering

30  all relevant facts, the father of the child shall be given the

31  same consideration as the mother in determining the primary

                                  15

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  residence of a child irrespective of the age or sex of the

 2  child.

 3         2.  The court shall order that the parental

 4  responsibility for a minor child be shared by both parents

 5  unless the court finds that shared parental responsibility

 6  would be detrimental to the child. Evidence that a parent has

 7  been convicted of a felony of the third degree or higher

 8  involving domestic violence, as defined in s. 741.28 and

 9  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

10  a rebuttable presumption of detriment to the child. If the

11  presumption is not rebutted, shared parental responsibility,

12  including visitation, residence of the child, and decisions

13  made regarding the child, may not be granted to the convicted

14  parent. However, the convicted parent is not relieved of any

15  obligation to provide financial support. If the court

16  determines that shared parental responsibility would be

17  detrimental to the child, it may order sole parental

18  responsibility and make such arrangements for visitation as

19  will best protect the child or abused spouse from further

20  harm. Whether or not there is a conviction of any offense of

21  domestic violence or child abuse or the existence of an

22  injunction for protection against domestic violence, the court

23  shall consider evidence of domestic violence or child abuse as

24  evidence of detriment to the child.

25         a.  In ordering shared parental responsibility, the

26  court may consider the expressed desires of the parents and

27  may grant to one party the ultimate responsibility over

28  specific aspects of the child's welfare or may divide those

29  responsibilities between the parties based on the best

30  interests of the child. Areas of responsibility may include

31  primary residence, education, medical and dental care, and any

                                  16

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  other responsibilities that the court finds unique to a

 2  particular family.

 3         b.  The court shall order "sole parental

 4  responsibility, with or without visitation rights, to the

 5  other parent when it is in the best interests of" the minor

 6  child.

 7         c.  The court may award the grandparents visitation

 8  rights with a minor child if it is in the child's best

 9  interest. Grandparents have legal standing to seek judicial

10  enforcement of such an award. This section does not require

11  that grandparents be made parties or given notice of

12  dissolution pleadings or proceedings. A court may not order

13  that a child be kept within the state or jurisdiction of the

14  court solely for the purpose of permitting visitation by the

15  grandparents.

16         3.  Access to records and information pertaining to a

17  minor child, including, but not limited to, medical, dental,

18  and school records, may not be denied to a parent because the

19  parent is not the child's primary residential parent. Full

20  rights under this subparagraph apply to either parent unless a

21  court order specifically revokes these rights, including any

22  restrictions on these rights as provided in a domestic

23  violence injunction. A parent having rights under this

24  subparagraph has the same rights upon request as to form,

25  substance, and manner of access as are available to the other

26  parent of a child, including, without limitation, the right to

27  in-person communication with medical, dental, and education

28  providers.

29         (c)  The circuit court in the county in which either

30  parent and the child reside or the circuit court in which the

31  original award of custody was entered have jurisdiction to

                                  17

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  modify an award of child custody. The court may change the

 2  venue in accordance with s. 47.122.

 3         (d)  No presumption shall arise in favor of or against

 4  a request to relocate when a primary residential parent seeks

 5  to move the child and the move will materially affect the

 6  current schedule of contact and access with the secondary

 7  residential parent.  In making a determination as to whether

 8  the primary residential parent may relocate with a child, the

 9  court must consider the following factors:

10         1.  Whether the move would be likely to improve the

11  general quality of life for both the residential parent and

12  the child.

13         2.  The extent to which visitation rights have been

14  allowed and exercised.

15         3.  Whether the primary residential parent, once out of

16  the jurisdiction, will be likely to comply with any substitute

17  visitation arrangements.

18         4.  Whether the substitute visitation will be adequate

19  to foster a continuing meaningful relationship between the

20  child and the secondary residential parent.

21         5.  Whether the cost of transportation is financially

22  affordable by one or both parties.

23         6.  Whether the move is in the best interests of the

24  child.

25         (3)  For purposes of shared parental responsibility and

26  primary residence, the best interests of the child shall

27  include an evaluation of all factors affecting the welfare and

28  interests of the child, including, but not limited to:

29         (a)  The parent who is more likely to allow the child

30  frequent and continuing contact with the nonresidential

31  parent.

                                  18

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1         (b)  The love, affection, and other emotional ties

 2  existing between the parents and the child.

 3         (c)  The capacity and disposition of the parents to

 4  provide the child with food, clothing, medical care or other

 5  remedial care recognized and permitted under the laws of this

 6  state in lieu of medical care, and other material needs.

 7         (d)  The length of time the child has lived in a

 8  stable, satisfactory environment and the desirability of

 9  maintaining continuity.

10         (e)  The permanence, as a family unit, of the existing

11  or proposed custodial home.

12         (f)  The moral fitness of the parents.

13         (g)  The mental and physical health of the parents.

14         (h)  The home, school, and community record of the

15  child.

16         (i)  The reasonable preference of the child, if the

17  court deems the child to be of sufficient intelligence,

18  understanding, and experience to express a preference.

19         (j)  The willingness and ability of each parent to

20  facilitate and encourage a close and continuing parent-child

21  relationship between the child and the other parent.

22         (k)  Evidence that any party has knowingly provided

23  false information to the court regarding a domestic violence

24  proceeding pursuant to s. 741.30.

25         (l)  Evidence of domestic violence or child abuse.

26         (m)  Any other fact considered by the court to be

27  relevant.

28         (4)(a)  When a noncustodial parent who is ordered to

29  pay child support or alimony and who is awarded visitation

30  rights fails to pay child support or alimony, the custodial

31  

                                  19

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  parent shall not refuse to honor the noncustodial parent's

 2  visitation rights.

 3         (b)  When a custodial parent refuses to honor a

 4  noncustodial parent's visitation rights, the noncustodial

 5  parent shall not fail to pay any ordered child support or

 6  alimony.

 7         (c)  When a custodial parent refuses to honor a

 8  noncustodial parent's or grandparent's visitation rights

 9  without proper cause, the court shall, after calculating the

10  amount of visitation improperly denied, award the noncustodial

11  parent or grandparent a sufficient amount of extra visitation

12  to compensate the noncustodial parent or grandparent, which

13  visitation shall be ordered as expeditiously as possible in a

14  manner consistent with the best interests of the child and

15  scheduled in a manner that is convenient for the person

16  deprived of visitation. In ordering any makeup visitation, the

17  court shall schedule such visitation in a manner that is

18  consistent with the best interests of the child or children

19  and that is convenient for the noncustodial parent or

20  grandparent. In addition, the court:

21         1.  May order the custodial parent to pay reasonable

22  court costs and attorney's fees incurred by the noncustodial

23  parent or grandparent to enforce their visitation rights or

24  make up improperly denied visitation;

25         2.  May order the custodial parent to attend the

26  parenting course approved by the judicial circuit;

27         3.  May order the custodial parent to do community

28  service if the order will not interfere with the welfare of

29  the child;

30         4.  May order the custodial parent to have the

31  financial burden of promoting frequent and continuing contact

                                  20

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  when the custodial parent and child reside further than 60

 2  miles from the noncustodial parent;

 3         5.  May award custody, rotating custody, or primary

 4  residence to the noncustodial parent, upon the request of the

 5  noncustodial parent, if the award is in the best interests of

 6  the child; or

 7         6.  May impose any other reasonable sanction as a

 8  result of noncompliance.

 9         (d)  A person who violates this subsection may be

10  punished by contempt of court or other remedies as the court

11  deems appropriate.

12         (5)  The court may make specific orders for the care

13  and custody of the minor child as from the circumstances of

14  the parties and the nature of the case is equitable and

15  provide for child support in accordance with the guidelines in

16  s. 61.30.  An award of shared parental responsibility of a

17  minor child does not preclude the court from entering an order

18  for child support of the child.

19         (6)  In any proceeding under this section, the court

20  may not deny shared parental responsibility, custody, or

21  visitation rights to a parent or grandparent solely because

22  that parent or grandparent is or is believed to be infected

23  with human immunodeficiency virus; but the court may condition

24  such rights upon the parent's or grandparent's agreement to

25  observe measures approved by the Centers for Disease Control

26  and Prevention of the United States Public Health Service or

27  by the Department of Health for preventing the spread of human

28  immunodeficiency virus to the child.

29         (7)  In any case where the child is actually residing

30  with a grandparent in a stable relationship, whether the court

31  has awarded custody to the grandparent or not, the court may

                                  21

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  recognize the grandparents as having the same standing as

 2  parents for evaluating what custody arrangements are in the

 3  best interest of the child.

 4         (7)(8)  If the court orders that parental

 5  responsibility, including visitation, be shared by both

 6  parents, the court may not deny the noncustodial parent

 7  overnight contact and access to or visitation with the child

 8  solely because of the age or sex of the child.

 9         (8)(9)(a)  Beginning July 1, 1997, each party to any

10  paternity or support proceeding is required to file with the

11  tribunal as defined in s. 88.1011(22) and State Case Registry

12  upon entry of an order, and to update as appropriate,

13  information on location and identity of the party, including

14  social security number, residential and mailing addresses,

15  telephone number, driver's license number, and name, address,

16  and telephone number of employer. Beginning October 1, 1998,

17  each party to any paternity or child support proceeding in a

18  non-Title IV-D case shall meet the above requirements for

19  updating the tribunal and State Case Registry.

20         (b)  Pursuant to the federal Personal Responsibility

21  and Work Opportunity Reconciliation Act of 1996, each party is

22  required to provide his or her social security number in

23  accordance with this section.  Disclosure of social security

24  numbers obtained through this requirement shall be limited to

25  the purpose of administration of the Title IV-D program for

26  child support enforcement.

27         (c)  Beginning July 1, 1997, in any subsequent Title

28  IV-D child support enforcement action between the parties,

29  upon sufficient showing that diligent effort has been made to

30  ascertain the location of such a party, the court of competent

31  jurisdiction shall deem state due process requirements for

                                  22

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  notice and service of process to be met with respect to the

 2  party, upon delivery of written notice to the most recent

 3  residential or employer address filed with the tribunal and

 4  State Case Registry pursuant to paragraph (a). Beginning

 5  October 1, 1998, in any subsequent non-Title IV-D child

 6  support enforcement action between the parties, the same

 7  requirements for service shall apply.

 8         (9)(10)  At the time an order for child support is

 9  entered, each party is required to provide his or her social

10  security number and date of birth to the court, as well as the

11  name, date of birth, and social security number of each minor

12  child that is the subject of such child support order.

13  Pursuant to the federal Personal Responsibility and Work

14  Opportunity Reconciliation Act of 1996, each party is required

15  to provide his or her social security number in accordance

16  with this section. All social security numbers required by

17  this section shall be provided by the parties and maintained

18  by the depository as a separate attachment in the file.

19  Disclosure of social security numbers obtained through this

20  requirement shall be limited to the purpose of administration

21  of the Title IV-D program for child support enforcement.

22         Section 7.  Subsections (3) and (4) of section 61.21,

23  Florida Statutes, are amended to read:

24         61.21  Parenting course authorized; fees; required

25  attendance authorized; contempt.--

26         (3)  All parties to a dissolution of marriage

27  proceeding with minor children or a paternity action that

28  which involves issues of parental responsibility shall be

29  required to complete the Parent Education and Family

30  Stabilization Course prior to the entry by the court of a

31  final judgment. The court may excuse a party from attending

                                  23

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  the parenting course or meeting the required timeframe for

 2  completing the course for good cause.

 3         (4)  All parties required to complete a parenting

 4  course under this section shall begin the course as

 5  expeditiously as possible after filing for dissolution of

 6  marriage or paternity. Unless excused by the court pursuant to

 7  subsection (3), the petitioner in the action must complete the

 8  course within 45 days after filing the petition and all other

 9  parties to the action must complete the course within 45 days

10  after service of the petition. Each party and shall file proof

11  of compliance with the court prior to the entry of the final

12  judgment.

13         Section 8.  Paragraph (a) of subsection (5) and

14  paragraph (a) of subsection (6) of section 741.30, Florida

15  Statutes, are amended to read:

16         741.30  Domestic violence; injunction; powers and

17  duties of court and clerk; petition; notice and hearing;

18  temporary injunction; issuance of injunction; statewide

19  verification system; enforcement.--

20         (5)(a)  When it appears to the court that an immediate

21  and present danger of domestic violence exists, the court may

22  grant a temporary injunction ex parte, pending a full hearing,

23  and may grant such relief as the court deems proper, including

24  an injunction:

25         1.  Restraining the respondent from committing any acts

26  of domestic violence.

27         2.  Awarding to the petitioner the temporary exclusive

28  use and possession of the dwelling that the parties share or

29  excluding the respondent from the residence of the petitioner.

30         3.  On the same basis as provided in s. 61.13 s.

31  61.13(2), (3), (4), and (5), granting to the petitioner

                                  24

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  temporary custody of a minor child or children. An order of

 2  temporary custody remains in effect until the order expires or

 3  an order is entered by a court of competent jurisdiction in a

 4  pending or subsequent civil action or proceeding affecting the

 5  placement of, access to, parental time with, adoption, or

 6  parental rights and responsibilities for the minor child.

 7         (6)(a)  Upon notice and hearing, when it appears to the

 8  court that the petitioner is either the victim of domestic

 9  violence as defined by s. 741.28 or has reasonable cause to

10  believe he or she is in imminent danger of becoming a victim

11  of domestic violence, the court may grant such relief as the

12  court deems proper, including an injunction:

13         1.  Restraining the respondent from committing any acts

14  of domestic violence.

15         2.  Awarding to the petitioner the exclusive use and

16  possession of the dwelling that the parties share or excluding

17  the respondent from the residence of the petitioner.

18         3.  On the same basis as provided in chapter 61,

19  awarding temporary custody of, or temporary visitation rights

20  with regard to, a minor child or children of the parties. An

21  order of temporary custody or visitation remains in effect

22  until the order expires or an order is entered by a court of

23  competent jurisdiction in a pending or subsequent civil action

24  or proceeding affecting the placement of, access to, parental

25  time with, adoption, or parental rights and responsibilities

26  for the minor child.

27         4.  On the same basis as provided in chapter 61,

28  establishing temporary support for a minor child or children

29  or the petitioner. An order of temporary support remains in

30  effect until the order expires or an order is entered by a

31  

                                  25

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  court of competent jurisdiction in a pending or subsequent

 2  civil action or proceeding affecting child support.

 3         5.  Ordering the respondent to participate in

 4  treatment, intervention, or counseling services to be paid for

 5  by the respondent. When the court orders the respondent to

 6  participate in a batterers' intervention program, the court,

 7  or any entity designated by the court, must provide the

 8  respondent with a list of all certified batterers'

 9  intervention programs and all programs which have submitted an

10  application to the Department of Children and Family Services

11  Corrections to become certified under s. 741.32 s. 741.325,

12  from which the respondent must choose a program in which to

13  participate. If there are no certified batterers' intervention

14  programs in the circuit, the court shall provide a list of

15  acceptable programs from which the respondent must choose a

16  program in which to participate.

17         6.  Referring a petitioner to a certified domestic

18  violence center. The court must provide the petitioner with a

19  list of certified domestic violence centers in the circuit

20  which the petitioner may contact.

21         7.  Ordering such other relief as the court deems

22  necessary for the protection of a victim of domestic violence,

23  including injunctions or directives to law enforcement

24  agencies, as provided in this section.

25         Section 9.  Subsection (1) of section 61.1827, Florida

26  Statutes, is amended to read:

27         61.1827  Identifying information concerning applicants

28  for and recipients of child support services.--

29         (1)  Any information that reveals the identity of

30  applicants for or recipients of child support services,

31  including the name, address, and telephone number of such

                                  26

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  persons, in the possession of a non-Title IV-D county child

 2  support enforcement agency is confidential and exempt from

 3  public disclosure pursuant to s. 119.07(1) and s. 24(a) of

 4  Art. I of the State Constitution. The use or disclosure of

 5  such information by the non-Title IV-D county child support

 6  enforcement agency is limited to the purposes directly

 7  connected with:

 8         (a)  Any investigation, prosecution, or criminal or

 9  civil proceeding connected with the administration of any

10  non-Title IV-D county child support enforcement program;

11         (b)  Mandatory disclosure of identifying and location

12  information as provided in s. 61.13(8) s. 61.13(9) by the

13  non-Title IV-D county child support enforcement agency when

14  providing non-Title IV-D services; or

15         (c)  Mandatory disclosure of information as required by

16  ss. 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of

17  the Social Security Act.

18         (d)  Disclosure to an authorized person, as defined in

19  45 C.F.R. s. 303.15, for purposes of enforcing any state or

20  federal law with respect to the unlawful taking or restraint

21  of a child or making or enforcing a child custody or

22  visitation determination. As used in this paragraph, the term

23  "authorized person" includes a noncustodial parent, unless a

24  court has entered an order under s. 741.30, s. 741.31, or s.

25  784.046.

26         Section 10.  Subsection (1) of section 409.2579,

27  Florida Statutes, is amended to read:

28         409.2579  Safeguarding Title IV-D case file

29  information.--

30         (1)  Information concerning applicants for or

31  recipients of Title IV-D child support services is

                                  27

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1  confidential and exempt from the provisions of s. 119.07(1).

 2  The use or disclosure of such information by the IV-D program

 3  is limited to purposes directly connected with:

 4         (a)  The administration of the plan or program approved

 5  under part A, part B, part D, part E, or part F of Title IV;

 6  under Title II, Title X, Title XIV, Title XVI, Title XIX, or

 7  Title XX; or under the supplemental security income program

 8  established under Title XVI of the Social Security Act;

 9         (b)  Any investigation, prosecution, or criminal or

10  civil proceeding connected with the administration of any such

11  plan or program;

12         (c)  The administration of any other federal or

13  federally assisted program which provides service or

14  assistance, in cash or in kind, directly to individuals on the

15  basis of need;

16         (d)  Reporting to an appropriate agency or official,

17  information on known or suspected instances of physical or

18  mental injury, child abuse, sexual abuse or exploitation, or

19  negligent treatment or maltreatment of a child who is the

20  subject of a support enforcement activity under circumstances

21  which indicate that the child's health or welfare is

22  threatened thereby; and

23         (e)  Mandatory disclosure of identifying and location

24  information as provided in s. 61.13(8) s. 61.13(9) by the IV-D

25  program when providing Title IV-D services.

26         Section 11.  If any provision of this act or its

27  application to any person or circumstance is held invalid, the

28  invalidity does not affect other provisions or applications of

29  the act which can be given effect without the invalid

30  provision or application, and to this end the provisions of

31  this act are severable.

                                  28

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






    Florida Senate - 2004                            CS for SB 586
    308-2045-04




 1         Section 12.  This act shall take effect July 1, 2004.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 586

 5                                 

 6  -    Clarifies that the Florida Supreme Court can use only a
         portion rather than the entire social security number to
 7       develop a unique identifier for purposes of identifying
         and tracking related cases.
 8  
    -    Adds adoption and parental rights to the list of
 9       subsequent civil proceedings in which a chapter 39 order
         might either take precedence, be subsequently modified,
10       and admissible.

11  -    Adds adoption and parental rights to the list of
         subsequent civil proceedings in which a temporary child
12       custody, visitation and support order entered in a
         domestic violence injunction proceeding may be
13       subsequently modified.

14  -    Deletes completely the two provisions in chapter 61,
         F.S., relating to grandparents visitation rights that
15       were declared unconstitutional.

16  -    Conforms statutory cross-references within s. 61.1827,
         F.S., and s. 409.2579, F.S., to reflect changes in the
17       bill.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  29

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