1 | A bill to be entitled |
2 | An act relating to family court efficiency; creating s. |
3 | 25.375, F.S.; authorizing the Supreme Court to create a |
4 | system to identify cases relating to individuals and |
5 | families within the court system; amending s. 39.013, |
6 | F.S.; providing for precedence of certain orders affecting |
7 | the placement of, access to, parental time with, or |
8 | parental responsibility for a minor child; providing for |
9 | modifying a court order in a subsequent civil action or |
10 | proceeding; amending s. 39.0132, F.S.; providing for |
11 | limited admissibility of evidence in subsequent civil |
12 | proceedings; amending s. 39.521, F.S.; providing for |
13 | precedence of certain custody orders; providing for |
14 | modifying a court order in a subsequent civil action or |
15 | proceeding; amending s. 39.814, F.S.; providing for |
16 | limited admissibility of evidence in subsequent civil |
17 | proceedings; amending s. 61.13, F.S.; providing for the |
18 | court to determine matters relating to child support in |
19 | any proceeding under ch. 61, F.S.; eliminating provisions |
20 | authorizing the court to award grandparents visitation |
21 | rights; amending s. 61.21, F.S.; revising the timeframe |
22 | for completing a parenting course; amending s. 741.30, |
23 | F.S.; providing for an order of temporary custody, |
24 | visitation, or support to remain in effect until it |
25 | expires or the court enters an order in a subsequent |
26 | action; providing for severability; providing an effective |
27 | date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. Section 25.375, Florida Statutes, is created to |
32 | read: |
33 | 25.375 Identification of related cases.--The Supreme Court |
34 | may create a unique identifier for each person by which to |
35 | identify all court cases related to that person or his or her |
36 | family previously or currently in the court system. The unique |
37 | identifier must be the same for that person in any court case. |
38 | To create the unique identifier, the court may collect a portion |
39 | of the person's social security number or other personal |
40 | identification information, such as the person's date of birth. |
41 | Until October 2, 2009, the state courts system and the clerk of |
42 | the court may collect and use a person's social security number |
43 | solely for the purpose of case management and identification of |
44 | related cases. Failure to provide a social security number for |
45 | this purpose does not provide grounds to deny any services, |
46 | rights, or remedies otherwise provided by law. |
47 | Section 2. Subsection (4) of section 39.013, Florida |
48 | Statutes, is amended to read: |
49 | 39.013 Procedures and jurisdiction; right to counsel.-- |
50 | (4) Orders entered pursuant to this chapter which affect |
51 | the placement of, access to, parental time with, or parental |
52 | responsibility for a minor child The order of the circuit court |
53 | hearing dependency matters shall be filed by the clerk of the |
54 | court in any dissolution or other custody action or proceeding |
55 | and shall take precedence over other custody and visitation |
56 | orders entered in civil those actions or proceedings. However, |
57 | if the court has terminated jurisdiction, such order may be |
58 | subsequently modified by a court of competent jurisdiction in |
59 | any other civil action or proceeding affecting placement of, |
60 | access to, parental time with, or parental responsibility for |
61 | the same minor child. |
62 | Section 3. Subsection (6) of section 39.0132, Florida |
63 | Statutes, is amended, and subsection (7) is added to said |
64 | section, to read: |
65 | 39.0132 Oaths, records, and confidential information.-- |
66 | (6) No court record of proceedings under this chapter |
67 | shall be admissible in evidence in any other civil or criminal |
68 | proceeding, except that: |
69 | (a) Orders permanently terminating the rights of a parent |
70 | and committing the child to a licensed child-placing agency or |
71 | the department for adoption shall be admissible in evidence in |
72 | subsequent adoption proceedings relating to the child. |
73 | (a)(b) Records of proceedings under this chapter forming a |
74 | part of the record on appeal shall be used in the appellate |
75 | court in the manner hereinafter provided. |
76 | (b)(c) Records necessary therefor shall be admissible in |
77 | evidence in any case in which a person is being tried upon a |
78 | charge of having committed perjury. |
79 | (c)(d) Records of proceedings under this chapter may be |
80 | used to prove disqualification pursuant to s. 435.06 and for |
81 | proof regarding such disqualification in a chapter 120 |
82 | proceeding. |
83 | (d) A final order entered pursuant to an adjudicatory |
84 | hearing is admissible in evidence in any subsequent civil |
85 | proceeding relating to placement of, access to, parental time |
86 | with, or parental responsibility for the same child or a sibling |
87 | of that child. |
88 | (e) Evidence admitted in any proceeding under this chapter |
89 | may be admissible in evidence when offered by any party in a |
90 | subsequent civil proceeding relating to placement of, access to, |
91 | parental time with, or parental responsibility for the same |
92 | child or a sibling of that child if: |
93 | 1. Notice is given to the opposing party or opposing |
94 | party's counsel of the intent to offer the evidence and a copy |
95 | of such evidence is delivered to the opposing party or the |
96 | opposing party's counsel. |
97 | 2. The evidence is otherwise admissible in the subsequent |
98 | civil proceeding. |
99 | (e) Orders permanently and involuntarily terminating the |
100 | rights of a parent shall be admissible as evidence in subsequent |
101 | termination of parental rights proceedings for a sibling of the |
102 | child for whom parental rights were terminated. |
103 | (7) Final orders, records, and evidence in any proceeding |
104 | under this chapter that are subsequently admitted in evidence |
105 | pursuant to subsection (6) remain subject to subsections (3) and |
106 | (4). |
107 | Section 4. Paragraph (b) of subsection (3) of section |
108 | 39.521, 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 |
111 | dependent, the court shall determine the appropriate placement |
112 | for the child as follows: |
113 | (b) If there is a parent with whom the child was not |
114 | residing at the time the events or conditions arose that brought |
115 | the child within the jurisdiction of the court who desires to |
116 | assume custody of the child, the court shall place the child |
117 | with that parent upon completion of a home study, unless the |
118 | court finds that such placement would endanger the safety, well- |
119 | being, or physical, mental, or emotional health of the child. |
120 | Any party with knowledge of the facts may present to the court |
121 | evidence regarding whether the placement will endanger the |
122 | safety, well-being, or physical, mental, or emotional health of |
123 | the child. If the court places the child with such parent, it |
124 | may do either of the following: |
125 | 1. Order that the parent assume sole custodial |
126 | responsibilities for the child. The court may also provide for |
127 | reasonable visitation by the noncustodial parent. The court may |
128 | then terminate its jurisdiction over the child. The custody |
129 | order shall take precedence over other orders that affect |
130 | placement of, access to, parental time with, or parental |
131 | responsibility for a minor child continue unless modified by a |
132 | subsequent order of the circuit court hearing dependency |
133 | matters. The order of the circuit court hearing dependency |
134 | matters shall be filed in any dissolution or other custody |
135 | action or proceeding between the parents and shall take |
136 | precedence over other custody and visitation orders entered in |
137 | civil those actions or proceedings. However, if the court |
138 | terminates jurisdiction, such orders may be subsequently |
139 | modified by a court of competent jurisdiction in any other civil |
140 | action or proceeding affecting placement of, access to, parental |
141 | time with, or parental responsibility for the same minor child. |
142 | 2. Order that the parent assume custody subject to the |
143 | jurisdiction of the circuit court hearing dependency matters. |
144 | The court may order that reunification services be provided to |
145 | the parent from whom the child has been removed, that services |
146 | be provided solely to the parent who is assuming physical |
147 | custody in order to allow that parent to retain later custody |
148 | without court jurisdiction, or that services be provided to both |
149 | parents, in which case the court shall determine at every review |
150 | hearing which parent, if either, shall have custody of the |
151 | child. The standard for changing custody of the child from one |
152 | parent to another or to a relative or another adult approved by |
153 | the court shall be the best interest of the child. |
154 |
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155 | Protective supervision continues until the court terminates it |
156 | or until the child reaches the age of 18, whichever date is |
157 | first. Protective supervision shall be terminated by the court |
158 | whenever the court determines that permanency has been achieved |
159 | for the child, whether with a parent, another relative, or a |
160 | legal custodian, and that protective supervision is no longer |
161 | needed. The termination of supervision may be with or without |
162 | retaining jurisdiction, at the court's discretion, and shall in |
163 | either case be considered a permanency option for the child. The |
164 | order terminating supervision by the department shall set forth |
165 | the powers of the custodian of the child and shall include the |
166 | powers ordinarily granted to a guardian of the person of a minor |
167 | unless otherwise specified. Upon the court's termination of |
168 | supervision by the department, no further judicial reviews are |
169 | required, so long as permanency has been established for the |
170 | child. |
171 | Section 5. Subsection (6) of section 39.814, Florida |
172 | Statutes, is amended, and subsection (7) is added to said |
173 | section, to read: |
174 | 39.814 Oaths, records, and confidential information.-- |
175 | (6) No court record of proceedings under this part shall |
176 | be admissible in evidence in any other civil or criminal |
177 | proceeding, except that: |
178 | (a) Orders terminating the rights of a parent are |
179 | admissible in evidence in subsequent adoption proceedings |
180 | relating to the child and in subsequent termination of parental |
181 | rights proceedings concerning a sibling of the child. |
182 | (a)(b) Records of proceedings under this part forming a |
183 | part of the record on appeal shall be used in the appellate |
184 | court in the manner hereinafter provided. |
185 | (b)(c) Records necessary therefor shall be admissible in |
186 | evidence in any case in which a person is being tried upon a |
187 | charge of having committed perjury. |
188 | (c) A final order entered pursuant to an adjudicatory |
189 | hearing is admissible in evidence in any subsequent civil |
190 | proceeding relating to placement of, access to, parental time |
191 | with, or parental responsibility for the same child or a sibling |
192 | of that child. |
193 | (d) Evidence admitted in any proceeding under this part |
194 | may be admissible in evidence when offered by any party in a |
195 | subsequent civil proceeding relating to placement of, access to, |
196 | parental time with, or parental responsibility for the same |
197 | child or a sibling of that child if: |
198 | 1. Notice is given to the opposing party or opposing |
199 | party's counsel of the intent to offer the evidence and a copy |
200 | of such evidence is delivered to the opposing party or opposing |
201 | party's counsel. |
202 | 2. The evidence is otherwise admissible in the subsequent |
203 | civil proceeding. |
204 | (7) Final orders, records, and evidence in any proceeding |
205 | under this part which are subsequently admitted in evidence |
206 | pursuant 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 |
210 | amended to read: |
211 | 61.13 Custody and support of children; visitation rights; |
212 | power of court in making orders.-- |
213 | (1)(a) In a proceeding under this chapter for dissolution |
214 | of marriage, the court has jurisdiction to determine all matters |
215 | relating to child may at any time order either or both parents |
216 | who owe a duty of support to a child to pay support in |
217 | accordance with the guidelines in s. 61.30. The court initially |
218 | entering an order requiring one or both parents to make child |
219 | support payments shall have continuing jurisdiction after the |
220 | entry of the initial order to modify the amount and terms and |
221 | conditions of the child support payments when the modification |
222 | is found necessary by the court in the best interests of the |
223 | child, when the child reaches majority, or when there is a |
224 | substantial change in the circumstances of the parties. The |
225 | court initially entering a child support order shall also have |
226 | continuing jurisdiction to require the obligee to report to the |
227 | court on terms prescribed by the court regarding the disposition |
228 | of the child support payments. |
229 | (2) |
230 | (b)1. The court shall determine all matters relating to |
231 | custody of each minor child of the parties in accordance with |
232 | the best interests of the child and in accordance with the |
233 | Uniform Child Custody Jurisdiction and Enforcement Act. It is |
234 | the public policy of this state to assure that each minor child |
235 | has frequent and continuing contact with both parents after the |
236 | parents separate or the marriage of the parties is dissolved and |
237 | to encourage parents to share the rights and responsibilities, |
238 | and joys, of childrearing. After considering all relevant facts, |
239 | the father of the child shall be given the same consideration as |
240 | the mother in determining the primary residence of a child |
241 | irrespective of the age or sex of the child. |
242 | 2. The court shall order that the parental responsibility |
243 | for a minor child be shared by both parents unless the court |
244 | finds that shared parental responsibility would be detrimental |
245 | to the child. Evidence that a parent has been convicted of a |
246 | felony of the third degree or higher involving domestic |
247 | violence, as defined in s. 741.28 and chapter 775, or meets the |
248 | criteria of s. 39.806(1)(d), creates a rebuttable presumption of |
249 | detriment to the child. If the presumption is not rebutted, |
250 | shared parental responsibility, including visitation, residence |
251 | of the child, and decisions made regarding the child, may not be |
252 | granted to the convicted parent. However, the convicted parent |
253 | is not relieved of any obligation to provide financial support. |
254 | If the court determines that shared parental responsibility |
255 | would be detrimental to the child, it may order sole parental |
256 | responsibility and make such arrangements for visitation as will |
257 | best protect the child or abused spouse from further harm. |
258 | Whether or not there is a conviction of any offense of domestic |
259 | violence or child abuse or the existence of an injunction for |
260 | protection against domestic violence, the court shall consider |
261 | evidence of domestic violence or child abuse as evidence of |
262 | detriment to the child. |
263 | a. In ordering shared parental responsibility, the court |
264 | may consider the expressed desires of the parents and may grant |
265 | to one party the ultimate responsibility over specific aspects |
266 | of the child's welfare or may divide those responsibilities |
267 | between the parties based on the best interests of the child. |
268 | Areas of responsibility may include primary residence, |
269 | education, medical and dental care, and any other |
270 | responsibilities that the court finds unique to a particular |
271 | family. |
272 | b. The court shall order "sole parental responsibility, |
273 | with or without visitation rights, to the other parent when it |
274 | is in the best interests of" the minor child. |
275 | c. The court may award the grandparents visitation rights |
276 | with a minor child if it is in the child's best interest. |
277 | Grandparents have legal standing to seek judicial enforcement of |
278 | such an award. This section does not require that grandparents |
279 | be made parties to or given notice of dissolution pleadings or |
280 | proceedings. A court may not order that a child be kept within |
281 | the state or jurisdiction of the court solely for the purpose of |
282 | permitting visitation by the grandparents. |
283 | 3. Access to records and information pertaining to a minor |
284 | child, including, but not limited to, medical, dental, and |
285 | school records, may not be denied to a parent because the parent |
286 | is not the child's primary residential parent. Full rights under |
287 | this subparagraph apply to either parent unless a court order |
288 | specifically revokes these rights, including any restrictions on |
289 | these rights as provided in a domestic violence injunction. A |
290 | parent having rights under this subparagraph has the same rights |
291 | upon request as to form, substance, and manner of access as are |
292 | available to the other parent of a child, including, without |
293 | limitation, the right to in-person communication with medical, |
294 | dental, and education providers. |
295 | Section 7. Subsections (3) and(4) of section 61.21, |
296 | Florida Statutes, are amended to read: |
297 | 61.21 Parenting course authorized; fees; required |
298 | attendance authorized; contempt.-- |
299 | (3) All parties to a dissolution of marriage proceeding |
300 | with minor children or a paternity action that which involves |
301 | issues of parental responsibility shall be required to complete |
302 | the Parent Education and Family Stabilization Course prior to |
303 | the entry by the court of a final judgment. The court may excuse |
304 | a party from attending the parenting course or meeting the |
305 | required timeframe for completing the course for good cause. |
306 | (4) All parties required to complete a parenting course |
307 | under this section shall begin the course as expeditiously as |
308 | possible after filing for dissolution of marriage or paternity. |
309 | Unless excused by the court pursuant to subsection (3), the |
310 | petitioner in the action must complete the course within 45 days |
311 | after filing the petition and all other parties to the action |
312 | must complete the course within 45 days after service of the |
313 | petition. Each party and shall file proof of compliance with the |
314 | court 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 |
317 | amended to read: |
318 | 741.30 Domestic violence; injunction; powers and duties of |
319 | court and clerk; petition; notice and hearing; temporary |
320 | injunction; issuance of injunction; statewide verification |
321 | system; enforcement.-- |
322 | (5)(a) When it appears to the court that an immediate and |
323 | present danger of domestic violence exists, the court may grant |
324 | a temporary injunction ex parte, pending a full hearing, and may |
325 | grant such relief as the court deems proper, including an |
326 | injunction: |
327 | 1. Restraining the respondent from committing any acts of |
328 | domestic violence. |
329 | 2. Awarding to the petitioner the temporary exclusive use |
330 | and possession of the dwelling that the parties share or |
331 | excluding the respondent from the residence of the petitioner. |
332 | 3. On the same basis as provided in s. 61.13(2), (3), (4), |
333 | and (5), granting to the petitioner temporary custody of a minor |
334 | child or children. An order of temporary custody remains in |
335 | effect until the order expires or an order is entered by a court |
336 | of competent jurisdiction in a pending or subsequent civil |
337 | action or proceeding affecting the placement of, access to, |
338 | parental time with, or parental responsibility for the minor |
339 | child. |
340 | (6)(a) Upon notice and hearing, when it appears to the |
341 | court that the petitioner is either the victim of domestic |
342 | violence as defined by s. 741.28 or has reasonable cause to |
343 | believe he or she is in imminent danger of becoming a victim of |
344 | domestic violence, the court may grant such relief as the court |
345 | deems proper, including an injunction: |
346 | 1. Restraining the respondent from committing any acts of |
347 | domestic violence. |
348 | 2. Awarding to the petitioner the exclusive use and |
349 | possession of the dwelling that the parties share or excluding |
350 | the respondent from the residence of the petitioner. |
351 | 3. On the same basis as provided in chapter 61, awarding |
352 | temporary custody of, or temporary visitation rights with regard |
353 | to, a minor child or children of the parties. An order of |
354 | temporary custody or visitation remains in effect until the |
355 | order expires or an order is entered by a court of competent |
356 | jurisdiction in a pending or subsequent civil action or |
357 | proceeding affecting the placement of, access to, parental time |
358 | with, or parental responsibility for the minor child. |
359 | 4. On the same basis as provided in chapter 61, |
360 | establishing temporary support for a minor child or children or |
361 | the petitioner. An order of temporary support remains in effect |
362 | until the order expires or an order is entered by a court of |
363 | competent jurisdiction in a pending or subsequent civil action |
364 | or proceeding affecting child support. |
365 | 5. Ordering the respondent to participate in treatment, |
366 | intervention, or counseling services to be paid for by the |
367 | respondent. When the court orders the respondent to participate |
368 | in a batterers' intervention program, the court, or any entity |
369 | designated by the court, must provide the respondent with a list |
370 | of all certified batterers' intervention programs and all |
371 | programs which have submitted an application to the Department |
372 | of Children and Family Services Corrections to become certified |
373 | under s. 741.32 741.325, from which the respondent must choose a |
374 | program in which to participate. If there are no certified |
375 | batterers' intervention programs in the circuit, the court shall |
376 | provide a list of acceptable programs from which the respondent |
377 | must choose a program in which to participate. |
378 | 6. Referring a petitioner to a certified domestic violence |
379 | center. The court must provide the petitioner with a list of |
380 | certified domestic violence centers in the circuit which the |
381 | petitioner may contact. |
382 | 7. Ordering such other relief as the court deems necessary |
383 | for the protection of a victim of domestic violence, including |
384 | injunctions or directives to law enforcement agencies, as |
385 | provided in this section. |
386 | Section 9. If any provision of this act or its application |
387 | to any person or circumstance is held invalid, the invalidity |
388 | shall not affect other provisions or applications of the act |
389 | which can be given effect without the invalid provision or |
390 | application, and to this end the provisions of this act are |
391 | severable. |
392 | Section 10. This act shall take effect July 1, 2005. |