HB 0145

CS

CHAMBER ACTION

1	The Judiciary Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to family court efficiency; creating s.
7	25.375, F.S.; authorizing the Supreme Court to create a
8	system to identify cases relating to individuals and
9	families within the court system; amending s. 39.013,
10	F.S.; providing for modifying a court order in a
11	subsequent civil proceeding; amending s. 39.0132, F.S.;
12	providing for limited admissibility of evidence in
13	subsequent civil proceedings; amending s. 39.521, F.S.;
14	conforming provisions to s. 39.0132, F.S., regarding
15	modification of a court order in a subsequent civil action
16	or proceeding; amending s. 39.814, F.S.; providing for
17	limited admissibility of evidence in subsequent civil
18	proceedings; amending s. 61.13, F.S.; providing for the
19	court to determine matters relating to child support in
20	any proceeding under ch. 61, F.S.; eliminating provisions
21	authorizing the court to award grandparents visitation
22	rights; eliminating provisions giving grandparents equal
23	standing as parents for evaluating custody arrangements;
24	amending s. 61.21, F.S.; requiring the Department of
25	Children and Family Services to approve parenting courses;
26	establishing requirements relating to the provision of
27	approved parenting courses; specifying timeframes for
28	completing the course; amending s. 741.30, F.S.; providing
29	for an order of temporary custody, visitation, or support
30	to remain in effect until the court enters an order in a
31	subsequent action; amending ss. 61.1827 and 409.2579,
32	F.S., relating to information about applicants and
33	recipients of child-support services; conforming cross-
34	references; providing for severability; providing an
35	effective date.
36
37	Be It Enacted by the Legislature of the State of Florida:
38
39	Section 1.  Section 25.375, Florida Statutes, is created to
40	read:
41	25.375  Identification of related cases.--The Supreme Court
42	may create a unique identifier for each person by which to
43	identify all court cases related to that person or his or her
44	family previously or currently in the court system. The unique
45	identifier must be the same for that person in any court case.
46	To create the unique identifier, the court may collect a portion
47	of the person's social security number or other personal
48	identification information, such as the person's date of birth.
49	Until October 2, 2009, the state courts system and the clerk of
50	the court may collect and use a portion of a person's social
51	security number solely for the purpose of case management and
52	identification of related cases. Failure to provide a social
53	security number for this purpose may not be grounds to deny any
54	services, rights, or remedies otherwise provided by law.
55	Section 2.  Subsection (4) of section 39.013, Florida
56	Statutes, is amended to read:
57	39.013  Procedures and jurisdiction; right to counsel.--
58	(4)  Orders entered pursuant to this chapter which affect
59	the placement of, access to, parental time with, adoption of, or
60	parental rights and responsibilities for a minor child The order
61	of the circuit court hearing dependency matters shall be filed
62	by the clerk of the court in any dissolution or other custody
63	action or proceeding and shall take precedence over other
64	custody and visitation orders entered in civil those actions or
65	proceedings. However, if the court has terminated jurisdiction,
66	such order may be subsequently modified by a court of competent
67	jurisdiction in any other civil action or proceeding affecting
68	placement of, access to, parental time with, adoption of, or
69	parental rights and responsibilities for the same minor child.
70	Section 3.  Subsection (6) of section 39.0132, Florida
71	Statutes, is amended, and subsection (7) is added to that
72	section, to read:
73	39.0132  Oaths, records, and confidential information.--
74	(6)  No court record of proceedings under this chapter
75	shall be admissible in evidence in any other civil or criminal
76	proceeding, except that:
77	(a)  Orders permanently terminating the rights of a parent
78	and committing the child to a licensed child-placing agency or
79	the department for adoption shall be admissible in evidence in
80	subsequent adoption proceedings relating to the child.
81	(a)(b)  Records of proceedings under this chapter forming a
82	part of the record on appeal shall be used in the appellate
83	court in the manner hereinafter provided.
84	(b)(c)  Records necessary therefor shall be admissible in
85	evidence in any case in which a person is being tried upon a
86	charge of having committed perjury.
87	(c)(d)  Records of proceedings under this chapter may be
88	used to prove disqualification pursuant to s. 435.06 and for
89	proof regarding such disqualification in a chapter 120
90	proceeding.
91	(d)  A final order entered pursuant to an adjudicatory
92	hearing is admissible in evidence in any subsequent civil
93	proceeding relating to placement of, access to, parental time
94	with, adoption of, or parental rights and responsibilities for
95	the same child or a sibling of that child.
96	(e)  Evidence admitted in any proceeding under this chapter
97	may be admissible in evidence when offered by any party in a
98	subsequent civil proceeding relating to placement of, access to,
99	parental time with, adoption of, or parental rights and
100	responsibilities for the same child or a sibling of that child
101	if:
102	1.  Notice is given to the opposing party or opposing
103	party's counsel of the intent to offer the evidence and a copy
104	of such evidence is delivered to the opposing party or the
105	opposing party's counsel; and
106	2.  The evidence is otherwise admissible in the subsequent
107	civil proceeding.
108	(e)  Orders permanently and involuntarily terminating the
109	rights of a parent shall be admissible as evidence in subsequent
110	termination of parental rights proceedings for a sibling of the
111	child for whom parental rights were terminated.
112	(7)  Final orders, records, and evidence in any proceeding
113	under this chapter that are subsequently admitted in evidence
114	pursuant to subsection (6) remain subject to subsections (3) and
115	(4).
116	Section 4.  Subsection (3) of section 39.521, Florida
117	Statutes, is amended to read:
118	39.521  Disposition hearings; powers of disposition.--
119	(3)  When any child is adjudicated by a court to be
120	dependent, the court shall determine the appropriate placement
121	for the child as follows:
122	(a)  If the court determines that the child can safely
123	remain in the home with the parent with whom the child was
124	residing at the time the events or conditions arose that brought
125	the child within the jurisdiction of the court and that
126	remaining in this home is in the best interest of the child,
127	then the court shall order conditions under which the child may
128	remain or return to the home and that this placement be under
129	the protective supervision of the department for not less than 6
130	months.
131	(b)  If there is a parent with whom the child was not
132	residing at the time the events or conditions arose that brought
133	the child within the jurisdiction of the court who desires to
134	assume custody of the child, the court shall place the child
135	with that parent upon completion of a home study, unless the
136	court finds that such placement would endanger the safety, well-
137	being, or physical, mental, or emotional health of the child.
138	Any party with knowledge of the facts may present to the court
139	evidence regarding whether the placement will endanger the
140	safety, well-being, or physical, mental, or emotional health of
141	the child. If the court places the child with such parent, it
142	may do either of the following:
143	1.  Order that the parent assume sole custodial
144	responsibilities for the child. The court may also provide for
145	reasonable visitation by the noncustodial parent. The court may
146	then terminate its jurisdiction over the child. The custody
147	order shall continue unless modified by a subsequent order of
148	the circuit court hearing dependency matters. The order of the
149	circuit court hearing dependency matters shall be filed in any
150	dissolution or other custody action or proceeding between the
151	parents and shall take precedence over other custody and
152	visitation orders entered in those actions.
153	2.  Order that the parent assume custody subject to the
154	jurisdiction of the circuit court hearing dependency matters.
155	The court may order that reunification services be provided to
156	the parent from whom the child has been removed, that services
157	be provided solely to the parent who is assuming physical
158	custody in order to allow that parent to retain later custody
159	without court jurisdiction, or that services be provided to both
160	parents, in which case the court shall determine at every review
161	hearing which parent, if either, shall have custody of the
162	child. The standard for changing custody of the child from one
163	parent to another or to a relative or another adult approved by
164	the court shall be the best interest of the child.
165	(c)  If no fit parent is willing or available to assume
166	care and custody of the child, place the child in the temporary
167	legal custody of an adult relative or other adult approved by
168	the court who is willing to care for the child, under the
169	protective supervision of the department. The department must
170	supervise this placement until the child reaches permanency
171	status in this home, and in no case for a period of less than 6
172	months. Permanency in a relative placement shall be by adoption,
173	long-term custody, or guardianship.
174	(d)  If the child cannot be safely placed in a nonlicensed
175	placement, the court shall commit the child to the temporary
176	legal custody of the department. Such commitment invests in the
177	department all rights and responsibilities of a legal custodian.
178	The department shall not return any child to the physical care
179	and custody of the person from whom the child was removed,
180	except for court-approved visitation periods, without the
181	approval of the court. The term of such commitment continues
182	until terminated by the court or until the child reaches the age
183	of 18. After the child is committed to the temporary legal
184	custody of the department, all further proceedings under this
185	section are governed by this chapter.
186
187	Protective supervision continues until the court terminates it
188	or until the child reaches the age of 18, whichever date is
189	first. Protective supervision shall be terminated by the court
190	whenever the court determines that permanency has been achieved
191	for the child, whether with a parent, another relative, or a
192	legal custodian, and that protective supervision is no longer
193	needed. The termination of supervision may be with or without
194	retaining jurisdiction, at the court's discretion, and shall in
195	either case be considered a permanency option for the child. The
196	order terminating supervision by the department shall set forth
197	the powers of the custodian of the child and shall include the
198	powers ordinarily granted to a guardian of the person of a minor
199	unless otherwise specified. Upon the court's termination of
200	supervision by the department, no further judicial reviews are
201	required, so long as permanency has been established for the
202	child.
203	Section 5.  Subsection (6) of section 39.814, Florida
204	Statutes, is amended, and subsection (7) is added to that
205	section, to read:
206	39.814  Oaths, records, and confidential information.--
207	(6)  No court record of proceedings under this part shall
208	be admissible in evidence in any other civil or criminal
209	proceeding, except that:
210	(a)  Orders terminating the rights of a parent are
211	admissible in evidence in subsequent adoption proceedings
212	relating to the child and in subsequent termination of parental
213	rights proceedings concerning a sibling of the child.
214	(a)(b)  Records of proceedings under this part forming a
215	part of the record on appeal shall be used in the appellate
216	court in the manner hereinafter provided.
217	(b)(c)  Records necessary therefor shall be admissible in
218	evidence in any case in which a person is being tried upon a
219	charge of having committed perjury.
220	(c)  A final order entered pursuant to an adjudicatory
221	hearing is admissible in evidence in any subsequent civil
222	proceeding relating to placement of, access to, parental time
223	with, adoption of, or parental rights and responsibilities for
224	the same child or a sibling of that child.
225	(d)  Evidence admitted in any proceeding under this part
226	may be admissible in evidence when offered by any party in a
227	subsequent civil proceeding relating to placement of, access to,
228	parental time with, adoption of, or parental rights and
229	responsibilities for the same child or a sibling of that child
230	if:
231	1.  Notice is given to the opposing party or opposing
232	party's counsel of the intent to offer the evidence and a copy
233	of such evidence is delivered to the opposing party or opposing
234	party's counsel; and
235	2.  The evidence is otherwise admissible in the subsequent
236	civil proceeding.
237	(7)  Final orders, records, and evidence in any proceeding
238	under this part which are subsequently admitted in evidence
239	pursuant to subsection (6) remain subject to subsections (3) and
240	(4).
241	Section 6.  Section 61.13, Florida Statutes, is amended to
242	read:
243	61.13  Custody and support of children; visitation rights;
244	power of court in making orders.--
245	(1)(a)  In a proceeding under this chapter for dissolution
246	of marriage, the court may at any time order either or both
247	parents who owe a duty of support to a child to pay support in
248	accordance with the guidelines in s. 61.30.  The court initially
249	entering an order requiring one or both parents to make child
250	support payments shall have continuing jurisdiction after the
251	entry of the initial order to modify the amount and terms and
252	conditions of the child support payments when the modification
253	is found necessary by the court in the best interests of the
254	child, when the child reaches majority, or when there is a
255	substantial change in the circumstances of the parties.  The
256	court initially entering a child support order shall also have
257	continuing jurisdiction to require the obligee to report to the
258	court on terms prescribed by the court regarding the disposition
259	of the child support payments.
260	(b)  Each order for support shall contain a provision for
261	health care coverage for the minor child when the coverage is
262	reasonably available. Coverage is reasonably available if either
263	the obligor or obligee has access at a reasonable rate to a
264	group health plan.  The court may require the obligor either to
265	provide health care coverage or to reimburse the obligee for the
266	cost of health care coverage for the minor child when coverage
267	is provided by the obligee.  In either event, the court shall
268	apportion the cost of coverage, and any noncovered medical,
269	dental, and prescription medication expenses of the child, to
270	both parties by adding the cost to the basic obligation
271	determined pursuant to s. 61.30(6). The court may order that
272	payment of uncovered medical, dental, and prescription
273	medication expenses of the minor child be made directly to the
274	obligee on a percentage basis.
275	1.  In a non-Title IV-D case, a copy of the court order for
276	health care coverage shall be served on the obligor's union or
277	employer by the obligee when the following conditions are met:
278	a.  The obligor fails to provide written proof to the
279	obligee within 30 days after receiving effective notice of the
280	court order, that the health care coverage has been obtained or
281	that application for coverage has been made;
282	b.  The obligee serves written notice of intent to enforce
283	an order for health care coverage on the obligor by mail at the
284	obligor's last known address; and
285	c.  The obligor fails within 15 days after the mailing of
286	the notice to provide written proof to the obligee that the
287	health care coverage existed as of the date of mailing.
288	2.a.  A support order enforced under Title IV-D of the
289	Social Security Act which requires that the obligor provide
290	health care coverage is enforceable by the department through
291	the use of the national medical support notice, and an amendment
292	to the support order is not required. The department shall
293	transfer the national medical support notice to the obligor's
294	union or employer. The department shall notify the obligor in
295	writing that the notice has been sent to the obligor's union or
296	employer, and the written notification must include the
297	obligor's rights and duties under the national medical support
298	notice. The obligor may contest the withholding required by the
299	national medical support notice based on a mistake of fact. To
300	contest the withholding, the obligor must file a written notice
301	of contest with the department within 15 business days after the
302	date the obligor receives written notification of the national
303	medical support notice from the department. Filing with the
304	department is complete when the notice is received by the person
305	designated by the department in the written notification. The
306	notice of contest must be in the form prescribed by the
307	department. Upon the timely filing of a notice of contest, the
308	department shall, within 5 business days, schedule an informal
309	conference with the obligor to discuss the obligor's factual
310	dispute. If the informal conference resolves the dispute to the
311	obligor's satisfaction or if the obligor fails to attend the
312	informal conference, the notice of contest is deemed withdrawn.
313	If the informal conference does not resolve the dispute, the
314	obligor may request an administrative hearing under chapter 120
315	within 5 business days after the termination of the informal
316	conference, in a form and manner prescribed by the department.
317	However, the filing of a notice of contest by the obligor does
318	not delay the withholding of premium payments by the union,
319	employer, or health plan administrator. The union, employer, or
320	health plan administrator must implement the withholding as
321	directed by the national medical support notice unless notified
322	by the department that the national medical support notice is
323	terminated.
324	b.  In a Title IV-D case, the department shall notify an
325	obligor's union or employer if the obligation to provide health
326	care coverage through that union or employer is terminated.
327	3.  In a non-Title IV-D case, upon receipt of the order
328	pursuant to subparagraph 1., or upon application of the obligor
329	pursuant to the order, the union or employer shall enroll the
330	minor child as a beneficiary in the group health plan regardless
331	of any restrictions on the enrollment period and withhold any
332	required premium from the obligor's income.  If more than one
333	plan is offered by the union or employer, the child shall be
334	enrolled in the group health plan in which the obligor is
335	enrolled.
336	4.a.  Upon receipt of the national medical support notice
337	under subparagraph 2. in a Title IV-D case, the union or
338	employer shall transfer the notice to the appropriate group
339	health plan administrator within 20 business days after the date
340	on the notice. The plan administrator must enroll the child as a
341	beneficiary in the group health plan regardless of any
342	restrictions on the enrollment period, and the union or employer
343	must withhold any required premium from the obligor's income
344	upon notification by the plan administrator that the child is
345	enrolled. The child shall be enrolled in the group health plan
346	in which the obligor is enrolled. If the group health plan in
347	which the obligor is enrolled is not available where the child
348	resides or if the obligor is not enrolled in group coverage, the
349	child shall be enrolled in the lowest cost group health plan
350	that is available where the child resides.
351	b.  If health care coverage or the obligor's employment is
352	terminated in a Title IV-D case, the union or employer that is
353	withholding premiums for health care coverage under a national
354	medical support notice must notify the department within 20 days
355	after the termination and provide the obligor's last known
356	address and the name and address of the obligor's new employer,
357	if known.
358	5.a.  The amount withheld by a union or employer in
359	compliance with a support order may not exceed the amount
360	allowed under s. 303(b) of the Consumer Credit Protection Act,
361	15 U.S.C. s. 1673(b), as amended. The union or employer shall
362	withhold the maximum allowed by the Consumer Credit Protection
363	Act in the following order:
364	(I)  Current support, as ordered.
365	(II)  Premium payments for health care coverage, as
366	ordered.
367	(III)  Past due support, as ordered.
368	(IV)  Other medical support or coverage, as ordered.
369	b.  If the combined amount to be withheld for current
370	support plus the premium payment for health care coverage exceed
371	the amount allowed under the Consumer Credit Protection Act, and
372	the health care coverage cannot be obtained unless the full
373	amount of the premium is paid, the union or employer may not
374	withhold the premium payment. However, the union or employer
375	shall withhold the maximum allowed in the following order:
376	(I)  Current support, as ordered.
377	(II)  Past due support, as ordered.
378	(III)  Other medical support or coverage, as ordered.
379	6.  The Department of Revenue may adopt rules to administer
380	the child support enforcement provisions of this section which
381	affect Title IV-D cases.
382	(c)  To the extent necessary to protect an award of child
383	support, the court may order the obligor to purchase or maintain
384	a life insurance policy or a bond, or to otherwise secure the
385	child support award with any other assets which may be suitable
386	for that purpose.
387	(d)1.  Unless the provisions of subparagraph 3. apply, all
388	child support orders entered on or after January 1, 1985, shall
389	direct that the payments of child support be made as provided in
390	s. 61.181 through the depository in the county where the court
391	is located. All child support orders shall provide the full name
392	and date of birth of each minor child who is the subject of the
393	child support order.
394	2.  Unless the provisions of subparagraph 3. apply, all
395	child support orders entered before January 1, 1985, shall be
396	modified by the court to direct that payments of child support
397	shall be made through the depository in the county where the
398	court is located upon the subsequent appearance of either or
399	both parents to modify or enforce the order, or in any related
400	proceeding.
401	3.  If both parties request and the court finds that it is
402	in the best interest of the child, support payments need not be
403	directed through the depository.  The order of support shall
404	provide, or shall be deemed to provide, that either party may
405	subsequently apply to the depository to require direction of the
406	payments through the depository.  The court shall provide a copy
407	of the order to the depository.
408	4.  If the parties elect not to require that support
409	payments be made through the depository, any party may
410	subsequently file an affidavit with the depository alleging a
411	default in payment of child support and stating that the party
412	wishes to require that payments be made through the depository.
413	The party shall provide copies of the affidavit to the court and
414	to each other party.  Fifteen days after receipt of the
415	affidavit, the depository shall notify both parties that future
416	payments shall be paid through the depository.
417	5.  In IV-D cases, the IV-D agency shall have the same
418	rights as the obligee in requesting that payments be made
419	through the depository.
420	(e)  In a judicial circuit with a work experience and job
421	training pilot project, if the obligor is unemployed or has no
422	income and does not have an account at a financial institution,
423	then the court shall order the obligor to seek employment, if
424	the obligor is able to engage in employment, and to immediately
425	notify the court upon obtaining employment, upon obtaining any
426	income, or upon obtaining any ownership of any asset with a
427	value of $500 or more.  If the obligor is still unemployed 30
428	days after any order for support, the court may order the
429	obligor to enroll in the work experience, job placement, and job
430	training pilot program for noncustodial parents as established
431	in s. 409.2565, if the obligor is eligible for entrance into the
432	pilot program.
433	(2)(a)  The court shall have jurisdiction to determine
434	custody, notwithstanding that the child is not physically
435	present in this state at the time of filing any proceeding under
436	this chapter, if it appears to the court that the child was
437	removed from this state for the primary purpose of removing the
438	child from the jurisdiction of the court in an attempt to avoid
439	a determination or modification of custody.
440	(b)1.  The court shall determine all matters relating to
441	custody of each minor child of the parties in accordance with
442	the best interests of the child and in accordance with the
443	Uniform Child Custody Jurisdiction and Enforcement Act. It is
444	the public policy of this state to assure that each minor child
445	has frequent and continuing contact with both parents after the
446	parents separate or the marriage of the parties is dissolved and
447	to encourage parents to share the rights and responsibilities,
448	and joys, of childrearing. After considering all relevant facts,
449	the father of the child shall be given the same consideration as
450	the mother in determining the primary residence of a child
451	irrespective of the age or sex of the child.
452	2.  The court shall order that the parental responsibility
453	for a minor child be shared by both parents unless the court
454	finds that shared parental responsibility would be detrimental
455	to the child. Evidence that a parent has been convicted of a
456	felony of the third degree or higher involving domestic
457	violence, as defined in s. 741.28 and chapter 775, or meets the
458	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
459	detriment to the child. If the presumption is not rebutted,
460	shared parental responsibility, including visitation, residence
461	of the child, and decisions made regarding the child, may not be
462	granted to the convicted parent. However, the convicted parent
463	is not relieved of any obligation to provide financial support.
464	If the court determines that shared parental responsibility
465	would be detrimental to the child, it may order sole parental
466	responsibility and make such arrangements for visitation as will
467	best protect the child or abused spouse from further harm.
468	Whether or not there is a conviction of any offense of domestic
469	violence or child abuse or the existence of an injunction for
470	protection against domestic violence, the court shall consider
471	evidence of domestic violence or child abuse as evidence of
472	detriment to the child.
473	a.  In ordering shared parental responsibility, the court
474	may consider the expressed desires of the parents and may grant
475	to one party the ultimate responsibility over specific aspects
476	of the child's welfare or may divide those responsibilities
477	between the parties based on the best interests of the child.
478	Areas of responsibility may include primary residence,
479	education, medical and dental care, and any other
480	responsibilities that the court finds unique to a particular
481	family.
482	b.  The court shall order "sole parental responsibility,
483	with or without visitation rights, to the other parent when it
484	is in the best interests of" the minor child.
485	c.  The court may award the grandparents visitation rights
486	with a minor child if it is in the child's best interest.
487	Grandparents have legal standing to seek judicial enforcement of
488	such an award. This section does not require that grandparents
489	be made parties or given notice of dissolution pleadings or
490	proceedings. A court may not order that a child be kept within
491	the state or jurisdiction of the court solely for the purpose of
492	permitting visitation by the grandparents.
493	3.  Access to records and information pertaining to a minor
494	child, including, but not limited to, medical, dental, and
495	school records, may not be denied to a parent because the parent
496	is not the child's primary residential parent. Full rights under
497	this subparagraph apply to either parent unless a court order
498	specifically revokes these rights, including any restrictions on
499	these rights as provided in a domestic violence injunction. A
500	parent having rights under this subparagraph has the same rights
501	upon request as to form, substance, and manner of access as are
502	available to the other parent of a child, including, without
503	limitation, the right to in-person communication with medical,
504	dental, and education providers.
505	(c)  The circuit court in the county in which either parent
506	and the child reside or the circuit court in which the original
507	award of custody was entered have jurisdiction to modify an
508	award of child custody. The court may change the venue in
509	accordance with s. 47.122.
510	(d)  No presumption shall arise in favor of or against a
511	request to relocate when a primary residential parent seeks to
512	move the child and the move will materially affect the current
513	schedule of contact and access with the secondary residential
514	parent.  In making a determination as to whether the primary
515	residential parent may relocate with a child, the court must
516	consider the following factors:
517	1.  Whether the move would be likely to improve the general
518	quality of life for both the residential parent and the child.
519	2.  The extent to which visitation rights have been allowed
520	and exercised.
521	3.  Whether the primary residential parent, once out of the
522	jurisdiction, will be likely to comply with any substitute
523	visitation arrangements.
524	4.  Whether the substitute visitation will be adequate to
525	foster a continuing meaningful relationship between the child
526	and the secondary residential parent.
527	5.  Whether the cost of transportation is financially
528	affordable by one or both parties.
529	6.  Whether the move is in the best interests of the child.
530	(3)  For purposes of shared parental responsibility and
531	primary residence, the best interests of the child shall include
532	an evaluation of all factors affecting the welfare and interests
533	of the child, including, but not limited to:
534	(a)  The parent who is more likely to allow the child
535	frequent and continuing contact with the nonresidential parent.
536	(b)  The love, affection, and other emotional ties existing
537	between the parents and the child.
538	(c)  The capacity and disposition of the parents to provide
539	the child with food, clothing, medical care or other remedial
540	care recognized and permitted under the laws of this state in
541	lieu of medical care, and other material needs.
542	(d)  The length of time the child has lived in a stable,
543	satisfactory environment and the desirability of maintaining
544	continuity.
545	(e)  The permanence, as a family unit, of the existing or
546	proposed custodial home.
547	(f)  The moral fitness of the parents.
548	(g)  The mental and physical health of the parents.
549	(h)  The home, school, and community record of the child.
550	(i)  The reasonable preference of the child, if the court
551	deems the child to be of sufficient intelligence, understanding,
552	and experience to express a preference.
553	(j)  The willingness and ability of each parent to
554	facilitate and encourage a close and continuing parent-child
555	relationship between the child and the other parent.
556	(k)  Evidence that any party has knowingly provided false
557	information to the court regarding a domestic violence
558	proceeding pursuant to s. 741.30.
559	(l)  Evidence of domestic violence or child abuse.
560	(m)  Any other fact considered by the court to be relevant.
561	(4)(a)  When a noncustodial parent who is ordered to pay
562	child support or alimony and who is awarded visitation rights
563	fails to pay child support or alimony, the custodial parent
564	shall not refuse to honor the noncustodial parent's visitation
565	rights.
566	(b)  When a custodial parent refuses to honor a
567	noncustodial parent's visitation rights, the noncustodial parent
568	shall not fail to pay any ordered child support or alimony.
569	(c)  When a custodial parent refuses to honor a
570	noncustodial parent's or grandparent's visitation rights without
571	proper cause, the court shall, after calculating the amount of
572	visitation improperly denied, award the noncustodial parent or
573	grandparent a sufficient amount of extra visitation to
574	compensate the noncustodial parent or grandparent, which
575	visitation shall be ordered as expeditiously as possible in a
576	manner consistent with the best interests of the child and
577	scheduled in a manner that is convenient for the person deprived
578	of visitation. In ordering any makeup visitation, the court
579	shall schedule such visitation in a manner that is consistent
580	with the best interests of the child or children and that is
581	convenient for the noncustodial parent or grandparent. In
582	addition, the court:
583	1.  May order the custodial parent to pay reasonable court
584	costs and attorney's fees incurred by the noncustodial parent or
585	grandparent to enforce their visitation rights or make up
586	improperly denied visitation;
587	2.  May order the custodial parent to attend the parenting
588	course approved by the judicial circuit;
589	3.  May order the custodial parent to do community service
590	if the order will not interfere with the welfare of the child;
591	4.  May order the custodial parent to have the financial
592	burden of promoting frequent and continuing contact when the
593	custodial parent and child reside further than 60 miles from the
594	noncustodial parent;
595	5.  May award custody, rotating custody, or primary
596	residence to the noncustodial parent, upon the request of the
597	noncustodial parent, if the award is in the best interests of
598	the child; or
599	6.  May impose any other reasonable sanction as a result of
600	noncompliance.
601	(d)  A person who violates this subsection may be punished
602	by contempt of court or other remedies as the court deems
603	appropriate.
604	(5)  The court may make specific orders for the care and
605	custody of the minor child as from the circumstances of the
606	parties and the nature of the case is equitable and provide for
607	child support in accordance with the guidelines in s. 61.30.  An
608	award of shared parental responsibility of a minor child does
609	not preclude the court from entering an order for child support
610	of the child.
611	(6)  In any proceeding under this section, the court may
612	not deny shared parental responsibility, custody, or visitation
613	rights to a parent or grandparent solely because that parent or
614	grandparent is or is believed to be infected with human
615	immunodeficiency virus; but the court may condition such rights
616	upon the parent's or grandparent's agreement to observe measures
617	approved by the Centers for Disease Control and Prevention of
618	the United States Public Health Service or by the Department of
619	Health for preventing the spread of human immunodeficiency virus
620	to the child.
621	(7)  In any case where the child is actually residing with
622	a grandparent in a stable relationship, whether the court has
623	awarded custody to the grandparent or not, the court may
624	recognize the grandparents as having the same standing as
625	parents for evaluating what custody arrangements are in the best
626	interest of the child.
627	(7)(8)  If the court orders that parental responsibility,
628	including visitation, be shared by both parents, the court may
629	not deny the noncustodial parent overnight contact and access to
630	or visitation with the child solely because of the age or sex of
631	the child.
632	(8)(9)(a)  Beginning July 1, 1997, each party to any
633	paternity or support proceeding is required to file with the
634	tribunal as defined in s. 88.1011(22) and State Case Registry
635	upon entry of an order, and to update as appropriate,
636	information on location and identity of the party, including
637	social security number, residential and mailing addresses,
638	telephone number, driver's license number, and name, address,
639	and telephone number of employer. Beginning October 1, 1998,
640	each party to any paternity or child support proceeding in a
641	non-Title IV-D case shall meet the above requirements for
642	updating the tribunal and State Case Registry.
643	(b)  Pursuant to the federal Personal Responsibility and
644	Work Opportunity Reconciliation Act of 1996, each party is
645	required to provide his or her social security number in
646	accordance with this section.  Disclosure of social security
647	numbers obtained through this requirement shall be limited to
648	the purpose of administration of the Title IV-D program for
649	child support enforcement.
650	(c)  Beginning July 1, 1997, in any subsequent Title IV-D
651	child support enforcement action between the parties, upon
652	sufficient showing that diligent effort has been made to
653	ascertain the location of such a party, the court of competent
654	jurisdiction shall deem state due process requirements for
655	notice and service of process to be met with respect to the
656	party, upon delivery of written notice to the most recent
657	residential or employer address filed with the tribunal and
658	State Case Registry pursuant to paragraph (a). Beginning October
659	1, 1998, in any subsequent non-Title IV-D child support
660	enforcement action between the parties, the same requirements
661	for service shall apply.
662	(9)(10)  At the time an order for child support is entered,
663	each party is required to provide his or her social security
664	number and date of birth to the court, as well as the name, date
665	of birth, and social security number of each minor child that is
666	the subject of such child support order. Pursuant to the federal
667	Personal Responsibility and Work Opportunity Reconciliation Act
668	of 1996, each party is required to provide his or her social
669	security number in accordance with this section. All social
670	security numbers required by this section shall be provided by
671	the parties and maintained by the depository as a separate
672	attachment in the file. Disclosure of social security numbers
673	obtained through this requirement shall be limited to the
674	purpose of administration of the Title IV-D program for child
675	support enforcement.
676	Section 7.  Subsections (3), (4), (5), and (6) of section
677	61.21, Florida Statutes, are amended to read:
678	61.21  Parenting course authorized; fees; required
679	attendance authorized; contempt.--
680	(3)  Each course provider offering a parenting course
681	pursuant to this section must be approved by the Department of
682	Children and Family Services.
683	(a)  The Department of Children and Family Services shall
684	provide each judicial circuit with a list of approved course
685	providers and sites at which the parent education and family
686	stabilization course may be completed. Each judicial circuit
687	must make information regarding all course providers approved
688	for their circuit available to all parents.
689	(b)  The Department of Children and Family Services shall
690	include on the list of approved course providers and sites for
691	each circuit at least one site in that circuit where the parent
692	education and family stabilization course may be completed on a
693	sliding fee scale, if available.
694	(c)  The Department of Children and Family Services shall
695	include on the list of approved course providers, without
696	limitation as to the area of the state for which the course is
697	approved, a minimum of one statewide approved course to be
698	provided through the Internet and one statewide approved course
699	to be provided through correspondence. The purpose of the
700	Internet and correspondence courses is to ensure that the parent
701	education and stabilization course is available in the home
702	county of each state resident and to those out-of-state persons
703	subject to this section.
704	(d)  The Department of Children and Family Services may
705	remove a provider who violates this section, or its implementing
706	rules, from the list of approved court providers.
707	(e)  The Department of Children and Family Services shall
708	adopt rules to administer subsection (2) and this subsection.
709	(4)(3)  All parties to a dissolution of marriage proceeding
710	with minor children or a paternity action that which involves
711	issues of parental responsibility shall be required to complete
712	the Parent Education and Family Stabilization Course prior to
713	the entry by the court of a final judgment. The court may excuse
714	a party from attending the parenting course, or from completing
715	the course within the required time, for good cause.
716	(5)(4)  All parties required to complete a parenting course
717	under this section shall begin the course as expeditiously as
718	possible. For dissolution of marriage actions, unless excused by
719	the court pursuant to subsection (4), the petitioner must
720	complete the course within 45 days after the filing of the
721	petition, and all other parties must complete the course within
722	45 days after service of the petition. For paternity actions,
723	unless excused by the court pursuant to subsection (4), the
724	petitioner must complete the course within 45 days after filing
725	the petition, and any other party must complete the course
726	within 45 days after an acknowledgment of paternity by that
727	party, an adjudication of paternity of that party, or an order
728	granting visitation to or support from that party. Each party to
729	a dissolution or paternity action after filing for dissolution
730	of marriage and shall file proof of compliance with this
731	subsection with the court prior to the entry of the final
732	judgment.
733	(6)(5)  All parties to a modification of a final judgment
734	involving shared parental responsibilities, custody, or
735	visitation may be required to complete a court-approved
736	parenting course prior to the entry of an order modifying the
737	final judgment.
738	(6)  The department shall provide each judicial circuit
739	with a list of approved course providers and sites at which the
740	parent education and family stabilization course required by
741	this section may be completed. The department shall also include
742	on the list of course providers and sites at least one site in
743	each circuit at which the parent education and family
744	stabilization course may be completed on a sliding fee scale, if
745	available.
746	Section 8.  Paragraph (a) of subsection (5) and paragraph
747	(a) of subsection (6) of section 741.30, Florida Statutes, are
748	amended to read:
749	741.30  Domestic violence; injunction; powers and duties of
750	court and clerk; petition; notice and hearing; temporary
751	injunction; issuance of injunction; statewide verification
752	system; enforcement.--
753	(5)(a)  When it appears to the court that an immediate and
754	present danger of domestic violence exists, the court may grant
755	a temporary injunction ex parte, pending a full hearing, and may
756	grant such relief as the court deems proper, including an
757	injunction:
758	1.  Restraining the respondent from committing any acts of
759	domestic violence.
760	2.  Awarding to the petitioner the temporary exclusive use
761	and possession of the dwelling that the parties share or
762	excluding the respondent from the residence of the petitioner.
763	3.  On the same basis as provided in s. 61.13(2), (3), (4),
764	and (5), granting to the petitioner temporary custody of a minor
765	child or children. An order of temporary custody remains in
766	effect until the order expires or an order is entered by a court
767	of competent jurisdiction in a pending or subsequent civil
768	action or proceeding affecting the placement of, access to,
769	parental time with, adoption of, or parental rights and
770	responsibilities for the minor child.
771	(6)(a)  Upon notice and hearing, when it appears to the
772	court that the petitioner is either the victim of domestic
773	violence as defined by s. 741.28 or has reasonable cause to
774	believe he or she is in imminent danger of becoming a victim of
775	domestic violence, the court may grant such relief as the court
776	deems proper, including an injunction:
777	1.  Restraining the respondent from committing any acts of
778	domestic violence.
779	2.  Awarding to the petitioner the exclusive use and
780	possession of the dwelling that the parties share or excluding
781	the respondent from the residence of the petitioner.
782	3.  On the same basis as provided in chapter 61, awarding
783	temporary custody of, or temporary visitation rights with regard
784	to, a minor child or children of the parties. An order of
785	temporary custody or visitation remains in effect until the
786	order expires or an order is entered by a court of competent
787	jurisdiction in a pending or subsequent civil action or
788	proceeding affecting the placement of, access to, parental time
789	with, adoption of, or parental rights and responsibilities for
790	the minor child.
791	4.  On the same basis as provided in chapter 61,
792	establishing temporary support for a minor child or children or
793	the petitioner. An order of temporary support remains in effect
794	until the order expires or an order is entered by a court of
795	competent jurisdiction in a pending or subsequent civil action
796	or proceeding affecting child support.
797	5.  Ordering the respondent to participate in treatment,
798	intervention, or counseling services to be paid for by the
799	respondent. When the court orders the respondent to participate
800	in a batterers' intervention program, the court, or any entity
801	designated by the court, must provide the respondent with a list
802	of all certified batterers' intervention programs and all
803	programs which have submitted an application to the Department
804	of Children and Family Services Corrections to become certified
805	under s. 741.32 s. 741.325, from which the respondent must
806	choose a program in which to participate. If there are no
807	certified batterers' intervention programs in the circuit, the
808	court shall provide a list of acceptable programs from which the
809	respondent must choose a program in which to participate.
810	6.  Referring a petitioner to a certified domestic violence
811	center. The court must provide the petitioner with a list of
812	certified domestic violence centers in the circuit which the
813	petitioner may contact.
814	7.  Ordering such other relief as the court deems necessary
815	for the protection of a victim of domestic violence, including
816	injunctions or directives to law enforcement agencies, as
817	provided in this section.
818	Section 9.  Subsection (1) of section 61.1827, Florida
819	Statutes, is amended to read:
820	61.1827  Identifying information concerning applicants for
821	and recipients of child support services.--
822	(1)  Any information that reveals the identity of
823	applicants for or recipients of child support services,
824	including the name, address, and telephone number of such
825	persons, in the possession of a non-Title IV-D county child
826	support enforcement agency is confidential and exempt from
827	public disclosure pursuant to s. 119.07(1) and s. 24(a) of Art.
828	I of the State Constitution. The use or disclosure of such
829	information by the non-Title IV-D county child support
830	enforcement agency is limited to the purposes directly connected
831	with:
832	(a)  Any investigation, prosecution, or criminal or civil
833	proceeding connected with the administration of any non-Title
834	IV-D county child support enforcement program;
835	(b)  Mandatory disclosure of identifying and location
836	information as provided in s. 61.13(8)(9) by the non-Title IV-D
837	county child support enforcement agency when providing non-Title
838	IV-D services; or
839	(c)  Mandatory disclosure of information as required by ss.
840	409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
841	Social Security Act.
842	(d)  Disclosure to an authorized person, as defined in 45
843	C.F.R. s. 303.15, for purposes of enforcing any state or federal
844	law with respect to the unlawful taking or restraint of a child
845	or making or enforcing a child custody or visitation
846	determination. As used in this paragraph, the term "authorized
847	person" includes a noncustodial parent, unless a court has
848	entered an order under s. 741.30, s. 741.31, or s. 784.046.
849	Section 10.  Subsection (1) of section 409.2579, Florida
850	Statutes, is amended to read:
851	409.2579  Safeguarding Title IV-D case file information.--
852	(1)  Information concerning applicants for or recipients of
853	Title IV-D child support services is confidential and exempt
854	from the provisions of s. 119.07(1). The use or disclosure of
855	such information by the IV-D program is limited to purposes
856	directly connected with:
857	(a)  The administration of the plan or program approved
858	under part A, part B, part D, part E, or part F of Title IV;
859	under Title II, Title X, Title XIV, Title XVI, Title XIX, or
860	Title XX; or under the supplemental security income program
861	established under Title XVI of the Social Security Act;
862	(b)  Any investigation, prosecution, or criminal or civil
863	proceeding connected with the administration of any such plan or
864	program;
865	(c)  The administration of any other federal or federally
866	assisted program which provides service or assistance, in cash
867	or in kind, directly to individuals on the basis of need;
868	(d)  Reporting to an appropriate agency or official,
869	information on known or suspected instances of physical or
870	mental injury, child abuse, sexual abuse or exploitation, or
871	negligent treatment or maltreatment of a child who is the
872	subject of a support enforcement activity under circumstances
873	which indicate that the child's health or welfare is threatened
874	thereby; and
875	(e)  Mandatory disclosure of identifying and location
876	information as provided in s. 61.13(8)(9) by the IV-D program
877	when providing Title IV-D services.
878	Section 11.  If any provision of this act or its
879	application to any person or circumstance is held invalid, the
880	invalidity does not affect other provisions or applications of
881	the act which can be given effect without the invalid provision
882	or application, and to this end the provisions of this act are
883	severable.
884	Section 12.  This act shall take effect July 1, 2005.

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