| 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. |