HB 0145

1
A bill to be entitled
2An act relating to family court efficiency; creating s.
325.375, F.S.; authorizing the Supreme Court to create a
4system to identify cases relating to individuals and
5families within the court system; amending s. 39.013,
6F.S.; providing for precedence of certain orders affecting
7the placement of, access to, parental time with, or
8parental responsibility for a minor child; providing for
9modifying a court order in a subsequent civil action or
10proceeding; amending s. 39.0132, F.S.; providing for
11limited admissibility of evidence in subsequent civil
12proceedings; amending s. 39.521, F.S.; providing for
13precedence of certain custody orders; providing for
14modifying a court order in a subsequent civil action or
15proceeding; amending s. 39.814, F.S.; providing for
16limited admissibility of evidence in subsequent civil
17proceedings; amending s. 61.13, F.S.; providing for the
18court to determine matters relating to child support in
19any proceeding under ch. 61, F.S.; eliminating provisions
20authorizing the court to award grandparents visitation
21rights; amending s. 61.21, F.S.; revising the timeframe
22for completing a parenting course; amending s. 741.30,
23F.S.; providing for an order of temporary custody,
24visitation, or support to remain in effect until it
25expires or the court enters an order in a subsequent
26action; providing for severability; providing an effective
27date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Section 25.375, Florida Statutes, is created to
32read:
33     25.375  Identification of related cases.--The Supreme Court
34may create a unique identifier for each person by which to
35identify all court cases related to that person or his or her
36family previously or currently in the court system. The unique
37identifier must be the same for that person in any court case.
38To create the unique identifier, the court may collect a portion
39of the person's social security number or other personal
40identification information, such as the person's date of birth.
41Until October 2, 2009, the state courts system and the clerk of
42the court may collect and use a person's social security number
43solely for the purpose of case management and identification of
44related cases. Failure to provide a social security number for
45this purpose does not provide grounds to deny any services,
46rights, or remedies otherwise provided by law.
47     Section 2.  Subsection (4) of section 39.013, Florida
48Statutes, is amended to read:
49     39.013  Procedures and jurisdiction; right to counsel.--
50     (4)  Orders entered pursuant to this chapter which affect
51the placement of, access to, parental time with, or parental
52responsibility for a minor child The order of the circuit court
53hearing dependency matters shall be filed by the clerk of the
54court in any dissolution or other custody action or proceeding
55and shall take precedence over other custody and visitation
56orders entered in civil those actions or proceedings. However,
57if the court has terminated jurisdiction, such order may be
58subsequently modified by a court of competent jurisdiction in
59any other civil action or proceeding affecting placement of,
60access to, parental time with, or parental responsibility for
61the same minor child.
62     Section 3.  Subsection (6) of section 39.0132, Florida
63Statutes, is amended, and subsection (7) is added to said
64section, to read:
65     39.0132  Oaths, records, and confidential information.--
66     (6)  No court record of proceedings under this chapter
67shall be admissible in evidence in any other civil or criminal
68proceeding, except that:
69     (a)  Orders permanently terminating the rights of a parent
70and committing the child to a licensed child-placing agency or
71the department for adoption shall be admissible in evidence in
72subsequent adoption proceedings relating to the child.
73     (a)(b)  Records of proceedings under this chapter forming a
74part of the record on appeal shall be used in the appellate
75court in the manner hereinafter provided.
76     (b)(c)  Records necessary therefor shall be admissible in
77evidence in any case in which a person is being tried upon a
78charge of having committed perjury.
79     (c)(d)  Records of proceedings under this chapter may be
80used to prove disqualification pursuant to s. 435.06 and for
81proof regarding such disqualification in a chapter 120
82proceeding.
83     (d)  A final order entered pursuant to an adjudicatory
84hearing is admissible in evidence in any subsequent civil
85proceeding relating to placement of, access to, parental time
86with, or parental responsibility for the same child or a sibling
87of that child.
88     (e)  Evidence admitted in any proceeding under this chapter
89may be admissible in evidence when offered by any party in a
90subsequent civil proceeding relating to placement of, access to,
91parental time with, or parental responsibility for the same
92child or a sibling of that child if:
93     1.  Notice is given to the opposing party or opposing
94party's counsel of the intent to offer the evidence and a copy
95of such evidence is delivered to the opposing party or the
96opposing party's counsel.
97     2.  The evidence is otherwise admissible in the subsequent
98civil proceeding.
99     (e)  Orders permanently and involuntarily terminating the
100rights of a parent shall be admissible as evidence in subsequent
101termination of parental rights proceedings for a sibling of the
102child for whom parental rights were terminated.
103     (7)  Final orders, records, and evidence in any proceeding
104under this chapter that are subsequently admitted in evidence
105pursuant to subsection (6) remain subject to subsections (3) and
106(4).
107     Section 4.  Paragraph (b) of subsection (3) of section
10839.521, Florida Statutes, is amended to read:
109     39.521  Disposition hearings; powers of disposition.--
110     (3)  When any child is adjudicated by a court to be
111dependent, the court shall determine the appropriate placement
112for the child as follows:
113     (b)  If there is a parent with whom the child was not
114residing at the time the events or conditions arose that brought
115the child within the jurisdiction of the court who desires to
116assume custody of the child, the court shall place the child
117with that parent upon completion of a home study, unless the
118court finds that such placement would endanger the safety, well-
119being, or physical, mental, or emotional health of the child.
120Any party with knowledge of the facts may present to the court
121evidence regarding whether the placement will endanger the
122safety, well-being, or physical, mental, or emotional health of
123the child. If the court places the child with such parent, it
124may do either of the following:
125     1.  Order that the parent assume sole custodial
126responsibilities for the child. The court may also provide for
127reasonable visitation by the noncustodial parent. The court may
128then terminate its jurisdiction over the child. The custody
129order shall take precedence over other orders that affect
130placement of, access to, parental time with, or parental
131responsibility for a minor child continue unless modified by a
132subsequent order of the circuit court hearing dependency
133matters. The order of the circuit court hearing dependency
134matters shall be filed in any dissolution or other custody
135action or proceeding between the parents and shall take
136precedence over other custody and visitation orders entered in
137civil those actions or proceedings. However, if the court
138terminates jurisdiction, such orders may be subsequently
139modified by a court of competent jurisdiction in any other civil
140action or proceeding affecting placement of, access to, parental
141time with, or parental responsibility for the same minor child.
142     2.  Order that the parent assume custody subject to the
143jurisdiction of the circuit court hearing dependency matters.
144The court may order that reunification services be provided to
145the parent from whom the child has been removed, that services
146be provided solely to the parent who is assuming physical
147custody in order to allow that parent to retain later custody
148without court jurisdiction, or that services be provided to both
149parents, in which case the court shall determine at every review
150hearing which parent, if either, shall have custody of the
151child. The standard for changing custody of the child from one
152parent to another or to a relative or another adult approved by
153the court shall be the best interest of the child.
154
155Protective supervision continues until the court terminates it
156or until the child reaches the age of 18, whichever date is
157first. Protective supervision shall be terminated by the court
158whenever the court determines that permanency has been achieved
159for the child, whether with a parent, another relative, or a
160legal custodian, and that protective supervision is no longer
161needed. The termination of supervision may be with or without
162retaining jurisdiction, at the court's discretion, and shall in
163either case be considered a permanency option for the child. The
164order terminating supervision by the department shall set forth
165the powers of the custodian of the child and shall include the
166powers ordinarily granted to a guardian of the person of a minor
167unless otherwise specified. Upon the court's termination of
168supervision by the department, no further judicial reviews are
169required, so long as permanency has been established for the
170child.
171     Section 5.  Subsection (6) of section 39.814, Florida
172Statutes, is amended, and subsection (7) is added to said
173section, to read:
174     39.814  Oaths, records, and confidential information.--
175     (6)  No court record of proceedings under this part shall
176be admissible in evidence in any other civil or criminal
177proceeding, except that:
178     (a)  Orders terminating the rights of a parent are
179admissible in evidence in subsequent adoption proceedings
180relating to the child and in subsequent termination of parental
181rights proceedings concerning a sibling of the child.
182     (a)(b)  Records of proceedings under this part forming a
183part of the record on appeal shall be used in the appellate
184court in the manner hereinafter provided.
185     (b)(c)  Records necessary therefor shall be admissible in
186evidence in any case in which a person is being tried upon a
187charge of having committed perjury.
188     (c)  A final order entered pursuant to an adjudicatory
189hearing is admissible in evidence in any subsequent civil
190proceeding relating to placement of, access to, parental time
191with, or parental responsibility for the same child or a sibling
192of that child.
193     (d)  Evidence admitted in any proceeding under this part
194may be admissible in evidence when offered by any party in a
195subsequent civil proceeding relating to placement of, access to,
196parental time with, or parental responsibility for the same
197child or a sibling of that child if:
198     1.  Notice is given to the opposing party or opposing
199party's counsel of the intent to offer the evidence and a copy
200of such evidence is delivered to the opposing party or opposing
201party's counsel.
202     2.  The evidence is otherwise admissible in the subsequent
203civil proceeding.
204     (7)  Final orders, records, and evidence in any proceeding
205under this part which are subsequently admitted in evidence
206pursuant to subsection (6) remain subject to subsections (3) and
207(4).
208     Section 6.  Paragraph (a) of subsection (1) and paragraph
209(b) of subsection (2) of section 61.13, Florida Statutes, are
210amended to read:
211     61.13  Custody and support of children; visitation rights;
212power of court in making orders.--
213     (1)(a)  In a proceeding under this chapter for dissolution
214of marriage, the court has jurisdiction to determine all matters
215relating to child may at any time order either or both parents
216who owe a duty of support to a child to pay support in
217accordance with the guidelines in s. 61.30. The court initially
218entering an order requiring one or both parents to make child
219support payments shall have continuing jurisdiction after the
220entry of the initial order to modify the amount and terms and
221conditions of the child support payments when the modification
222is found necessary by the court in the best interests of the
223child, when the child reaches majority, or when there is a
224substantial change in the circumstances of the parties. The
225court initially entering a child support order shall also have
226continuing jurisdiction to require the obligee to report to the
227court on terms prescribed by the court regarding the disposition
228of the child support payments.
229     (2)
230     (b)1.  The court shall determine all matters relating to
231custody of each minor child of the parties in accordance with
232the best interests of the child and in accordance with the
233Uniform Child Custody Jurisdiction and Enforcement Act. It is
234the public policy of this state to assure that each minor child
235has frequent and continuing contact with both parents after the
236parents separate or the marriage of the parties is dissolved and
237to encourage parents to share the rights and responsibilities,
238and joys, of childrearing. After considering all relevant facts,
239the father of the child shall be given the same consideration as
240the mother in determining the primary residence of a child
241irrespective of the age or sex of the child.
242     2.  The court shall order that the parental responsibility
243for a minor child be shared by both parents unless the court
244finds that shared parental responsibility would be detrimental
245to the child. Evidence that a parent has been convicted of a
246felony of the third degree or higher involving domestic
247violence, as defined in s. 741.28 and chapter 775, or meets the
248criteria of s. 39.806(1)(d), creates a rebuttable presumption of
249detriment to the child. If the presumption is not rebutted,
250shared parental responsibility, including visitation, residence
251of the child, and decisions made regarding the child, may not be
252granted to the convicted parent. However, the convicted parent
253is not relieved of any obligation to provide financial support.
254If the court determines that shared parental responsibility
255would be detrimental to the child, it may order sole parental
256responsibility and make such arrangements for visitation as will
257best protect the child or abused spouse from further harm.
258Whether or not there is a conviction of any offense of domestic
259violence or child abuse or the existence of an injunction for
260protection against domestic violence, the court shall consider
261evidence of domestic violence or child abuse as evidence of
262detriment to the child.
263     a.  In ordering shared parental responsibility, the court
264may consider the expressed desires of the parents and may grant
265to one party the ultimate responsibility over specific aspects
266of the child's welfare or may divide those responsibilities
267between the parties based on the best interests of the child.
268Areas of responsibility may include primary residence,
269education, medical and dental care, and any other
270responsibilities that the court finds unique to a particular
271family.
272     b.  The court shall order "sole parental responsibility,
273with or without visitation rights, to the other parent when it
274is in the best interests of" the minor child.
275     c.  The court may award the grandparents visitation rights
276with a minor child if it is in the child's best interest.
277Grandparents have legal standing to seek judicial enforcement of
278such an award. This section does not require that grandparents
279be made parties to or given notice of dissolution pleadings or
280proceedings. A court may not order that a child be kept within
281the state or jurisdiction of the court solely for the purpose of
282permitting visitation by the grandparents.
283     3.  Access to records and information pertaining to a minor
284child, including, but not limited to, medical, dental, and
285school records, may not be denied to a parent because the parent
286is not the child's primary residential parent. Full rights under
287this subparagraph apply to either parent unless a court order
288specifically revokes these rights, including any restrictions on
289these rights as provided in a domestic violence injunction. A
290parent having rights under this subparagraph has the same rights
291upon request as to form, substance, and manner of access as are
292available to the other parent of a child, including, without
293limitation, the right to in-person communication with medical,
294dental, and education providers.
295     Section 7.  Subsections (3) and(4) of section 61.21,
296Florida Statutes, are amended to read:
297     61.21  Parenting course authorized; fees; required
298attendance authorized; contempt.--
299     (3)  All parties to a dissolution of marriage proceeding
300with minor children or a paternity action that which involves
301issues of parental responsibility shall be required to complete
302the Parent Education and Family Stabilization Course prior to
303the entry by the court of a final judgment. The court may excuse
304a party from attending the parenting course or meeting the
305required timeframe for completing the course for good cause.
306     (4)  All parties required to complete a parenting course
307under this section shall begin the course as expeditiously as
308possible after filing for dissolution of marriage or paternity.
309Unless excused by the court pursuant to subsection (3), the
310petitioner in the action must complete the course within 45 days
311after filing the petition and all other parties to the action
312must complete the course within 45 days after service of the
313petition. Each party and shall file proof of compliance with the
314court prior to the entry of the final judgment.
315     Section 8.  Paragraph (a) of subsection (5) and paragraph
316(a) of subsection (6) of section 741.30, Florida Statutes, are
317amended to read:
318     741.30  Domestic violence; injunction; powers and duties of
319court and clerk; petition; notice and hearing; temporary
320injunction; issuance of injunction; statewide verification
321system; enforcement.--
322     (5)(a)  When it appears to the court that an immediate and
323present danger of domestic violence exists, the court may grant
324a temporary injunction ex parte, pending a full hearing, and may
325grant such relief as the court deems proper, including an
326injunction:
327     1.  Restraining the respondent from committing any acts of
328domestic violence.
329     2.  Awarding to the petitioner the temporary exclusive use
330and possession of the dwelling that the parties share or
331excluding the respondent from the residence of the petitioner.
332     3.  On the same basis as provided in s. 61.13(2), (3), (4),
333and (5), granting to the petitioner temporary custody of a minor
334child or children. An order of temporary custody remains in
335effect until the order expires or an order is entered by a court
336of competent jurisdiction in a pending or subsequent civil
337action or proceeding affecting the placement of, access to,
338parental time with, or parental responsibility for the minor
339child.
340     (6)(a)  Upon notice and hearing, when it appears to the
341court that the petitioner is either the victim of domestic
342violence as defined by s. 741.28 or has reasonable cause to
343believe he or she is in imminent danger of becoming a victim of
344domestic violence, the court may grant such relief as the court
345deems proper, including an injunction:
346     1.  Restraining the respondent from committing any acts of
347domestic violence.
348     2.  Awarding to the petitioner the exclusive use and
349possession of the dwelling that the parties share or excluding
350the respondent from the residence of the petitioner.
351     3.  On the same basis as provided in chapter 61, awarding
352temporary custody of, or temporary visitation rights with regard
353to, a minor child or children of the parties. An order of
354temporary custody or visitation remains in effect until the
355order expires or an order is entered by a court of competent
356jurisdiction in a pending or subsequent civil action or
357proceeding affecting the placement of, access to, parental time
358with, or parental responsibility for the minor child.
359     4.  On the same basis as provided in chapter 61,
360establishing temporary support for a minor child or children or
361the petitioner. An order of temporary support remains in effect
362until the order expires or an order is entered by a court of
363competent jurisdiction in a pending or subsequent civil action
364or proceeding affecting child support.
365     5.  Ordering the respondent to participate in treatment,
366intervention, or counseling services to be paid for by the
367respondent. When the court orders the respondent to participate
368in a batterers' intervention program, the court, or any entity
369designated by the court, must provide the respondent with a list
370of all certified batterers' intervention programs and all
371programs which have submitted an application to the Department
372of Children and Family Services Corrections to become certified
373under s. 741.32 741.325, from which the respondent must choose a
374program in which to participate. If there are no certified
375batterers' intervention programs in the circuit, the court shall
376provide a list of acceptable programs from which the respondent
377must choose a program in which to participate.
378     6.  Referring a petitioner to a certified domestic violence
379center. The court must provide the petitioner with a list of
380certified domestic violence centers in the circuit which the
381petitioner may contact.
382     7.  Ordering such other relief as the court deems necessary
383for the protection of a victim of domestic violence, including
384injunctions or directives to law enforcement agencies, as
385provided in this section.
386     Section 9.  If any provision of this act or its application
387to any person or circumstance is held invalid, the invalidity
388shall not affect other provisions or applications of the act
389which can be given effect without the invalid provision or
390application, and to this end the provisions of this act are
391severable.
392     Section 10.  This act shall take effect July 1, 2005.


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