1 | The Future of Florida's Families Committee recommends the |
2 | following: |
3 |
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4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to family court efficiency; creating s. |
8 | 25.375, F.S.; authorizing the Supreme Court to create a |
9 | system to identify cases relating to individuals and |
10 | families within the court system; amending s. 39.013, |
11 | F.S.; providing for modifying a court order in a |
12 | subsequent civil proceeding; amending s. 39.0132, F.S.; |
13 | providing for limited admissibility of evidence in |
14 | subsequent civil proceedings; amending s. 39.521, F.S.; |
15 | conforming provisions to s. 39.0132, F.S., regarding |
16 | modification of a court order in a subsequent civil action |
17 | or proceeding; amending s. 39.814, F.S.; providing for |
18 | limited admissibility of evidence in subsequent civil |
19 | proceedings; amending s. 61.13, F.S.; providing for the |
20 | court to determine matters relating to child support in |
21 | any proceeding under ch. 61, F.S.; eliminating provisions |
22 | authorizing the court to award grandparents visitation |
23 | rights; eliminating provisions giving grandparents equal |
24 | standing as parents for evaluating custody arrangements; |
25 | amending s. 61.21, F.S.; requiring the Department of |
26 | Children and Family Services to approve parenting courses; |
27 | establishing requirements relating to the provision of |
28 | approved parenting courses; specifying timeframes for |
29 | completing the course; amending s. 741.30, F.S.; providing |
30 | for an order of temporary custody, visitation, or support |
31 | to remain in effect until the court enters an order in a |
32 | subsequent action; amending ss. 61.1827 and 409.2579, |
33 | F.S., relating to information about applicants and |
34 | recipients of child-support services; conforming cross- |
35 | references; providing for severability; providing an |
36 | effective date. |
37 |
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38 | Be It Enacted by the Legislature of the State of Florida: |
39 |
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40 | Section 1. Section 25.375, Florida Statutes, is created to |
41 | read: |
42 | 25.375 Identification of related cases.-- |
43 | (1) The Supreme Court may create a unique identifier for |
44 | each person by which to identify all court cases related to that |
45 | person or his or her family previously or currently in the court |
46 | system. The unique identifier must be the same for that person |
47 | in any court case. To create the unique identifier, the court |
48 | may collect a portion of the person's social security number or |
49 | other personal identification information, such as the person's |
50 | date of birth. Failure to provide a social security number for |
51 | this purpose may not be grounds to deny any services, rights, or |
52 | remedies otherwise provided by law. To implement a unique |
53 | identifier, the Supreme Court may require the revision of only |
54 | those information technology systems that are directly operated |
55 | and funded by the state court system. |
56 | (2) In order for the Legislature to set a statewide policy |
57 | on the creation, maintenance, and use of a statewide unique |
58 | identifier for use by the state's criminal justice and court |
59 | systems, the Supreme Court, the Criminal and Juvenile Justice |
60 | Information Systems Council, and the Article V Technology Board |
61 | shall make recommendations to the Governor, the President of the |
62 | Senate, and the Speaker of the House of Representatives by |
63 | January 2, 2006, for establishing and implementing a unique |
64 | identifier. These recommendations shall address the method and |
65 | responsibility for establishing the unique identifier, the costs |
66 | associated with implementing a unique identifier, and the extent |
67 | to which such efforts should be coordinated with those already |
68 | underway by state and federal agencies. Recommendations shall |
69 | also consider the fiscal impact of implementation of a unique |
70 | identifier on the court system, the clerks of the court, the |
71 | counties, the state attorneys, the public defenders, local and |
72 | state law enforcement, and other related state agencies. This |
73 | subsection expires July 1, 2006. |
74 | Section 2. Subsection (4) of section 39.013, Florida |
75 | Statutes, is amended to read: |
76 | 39.013 Procedures and jurisdiction; right to counsel.-- |
77 | (4) Orders entered pursuant to this chapter which affect |
78 | the placement of, access to, parental time with, adoption of, or |
79 | parental rights and responsibilities for a minor child The order |
80 | of the circuit court hearing dependency matters shall be filed |
81 | by the clerk of the court in any dissolution or other custody |
82 | action or proceeding and shall take precedence over other |
83 | custody and visitation orders entered in civil those actions or |
84 | proceedings. However, if the court has terminated jurisdiction, |
85 | such order may be subsequently modified by a court of competent |
86 | jurisdiction in any other civil action or proceeding affecting |
87 | placement of, access to, parental time with, adoption of, or |
88 | parental rights and responsibilities for the same minor child. |
89 | Section 3. Subsection (6) of section 39.0132, Florida |
90 | Statutes, is amended, and subsection (7) is added to that |
91 | section, to read: |
92 | 39.0132 Oaths, records, and confidential information.-- |
93 | (6) No court record of proceedings under this chapter |
94 | shall be admissible in evidence in any other civil or criminal |
95 | proceeding, except that: |
96 | (a) Orders permanently terminating the rights of a parent |
97 | and committing the child to a licensed child-placing agency or |
98 | the department for adoption shall be admissible in evidence in |
99 | subsequent adoption proceedings relating to the child. |
100 | (a)(b) Records of proceedings under this chapter forming a |
101 | part of the record on appeal shall be used in the appellate |
102 | court in the manner hereinafter provided. |
103 | (b)(c) Records necessary therefor shall be admissible in |
104 | evidence in any case in which a person is being tried upon a |
105 | charge of having committed perjury. |
106 | (c)(d) Records of proceedings under this chapter may be |
107 | used to prove disqualification pursuant to s. 435.06 and for |
108 | proof regarding such disqualification in a chapter 120 |
109 | proceeding. |
110 | (d) A final order entered pursuant to an adjudicatory |
111 | hearing is admissible in evidence in any subsequent civil |
112 | proceeding relating to placement of, access to, parental time |
113 | with, adoption of, or parental rights and responsibilities for |
114 | the same child or a sibling of that child. |
115 | (e) Evidence admitted in any proceeding under this chapter |
116 | may be admissible in evidence when offered by any party in a |
117 | subsequent civil proceeding relating to placement of, access to, |
118 | parental time with, adoption of, or parental rights and |
119 | responsibilities for the same child or a sibling of that child |
120 | if: |
121 | 1. Notice is given to the opposing party or opposing |
122 | party's counsel of the intent to offer the evidence and a copy |
123 | of such evidence is delivered to the opposing party or the |
124 | opposing party's counsel; and |
125 | 2. The evidence is otherwise admissible in the subsequent |
126 | civil proceeding. |
127 | (e) Orders permanently and involuntarily terminating the |
128 | rights of a parent shall be admissible as evidence in subsequent |
129 | termination of parental rights proceedings for a sibling of the |
130 | child for whom parental rights were terminated. |
131 | (7) Final orders, records, and evidence in any proceeding |
132 | under this chapter that are subsequently admitted in evidence |
133 | pursuant to subsection (6) remain subject to subsections (3) and |
134 | (4). |
135 | Section 4. Subsection (3) of section 39.521, Florida |
136 | Statutes, is amended to read: |
137 | 39.521 Disposition hearings; powers of disposition.-- |
138 | (3) When any child is adjudicated by a court to be |
139 | dependent, the court shall determine the appropriate placement |
140 | for the child as follows: |
141 | (a) If the court determines that the child can safely |
142 | remain in the home with the parent with whom the child was |
143 | residing at the time the events or conditions arose that brought |
144 | the child within the jurisdiction of the court and that |
145 | remaining in this home is in the best interest of the child, |
146 | then the court shall order conditions under which the child may |
147 | remain or return to the home and that this placement be under |
148 | the protective supervision of the department for not less than 6 |
149 | months. |
150 | (b) If there is a parent with whom the child was not |
151 | residing at the time the events or conditions arose that brought |
152 | the child within the jurisdiction of the court who desires to |
153 | assume custody of the child, the court shall place the child |
154 | with that parent upon completion of a home study, unless the |
155 | court finds that such placement would endanger the safety, well- |
156 | being, or physical, mental, or emotional health of the child. |
157 | Any party with knowledge of the facts may present to the court |
158 | evidence regarding whether the placement will endanger the |
159 | safety, well-being, or physical, mental, or emotional health of |
160 | the child. If the court places the child with such parent, it |
161 | may do either of the following: |
162 | 1. Order that the parent assume sole custodial |
163 | responsibilities for the child. The court may also provide for |
164 | reasonable visitation by the noncustodial parent. The court may |
165 | then terminate its jurisdiction over the child. The custody |
166 | order shall continue unless modified by a subsequent order of |
167 | the circuit court hearing dependency matters. The order of the |
168 | circuit court hearing dependency matters shall be filed in any |
169 | dissolution or other custody action or proceeding between the |
170 | parents and shall take precedence over other custody and |
171 | visitation orders entered in those actions. |
172 | 2. Order that the parent assume custody subject to the |
173 | jurisdiction of the circuit court hearing dependency matters. |
174 | The court may order that reunification services be provided to |
175 | the parent from whom the child has been removed, that services |
176 | be provided solely to the parent who is assuming physical |
177 | custody in order to allow that parent to retain later custody |
178 | without court jurisdiction, or that services be provided to both |
179 | parents, in which case the court shall determine at every review |
180 | hearing which parent, if either, shall have custody of the |
181 | child. The standard for changing custody of the child from one |
182 | parent to another or to a relative or another adult approved by |
183 | the court shall be the best interest of the child. |
184 | (c) If no fit parent is willing or available to assume |
185 | care and custody of the child, place the child in the temporary |
186 | legal custody of an adult relative or other adult approved by |
187 | the court who is willing to care for the child, under the |
188 | protective supervision of the department. The department must |
189 | supervise this placement until the child reaches permanency |
190 | status in this home, and in no case for a period of less than 6 |
191 | months. Permanency in a relative placement shall be by adoption, |
192 | long-term custody, or guardianship. |
193 | (d) If the child cannot be safely placed in a nonlicensed |
194 | placement, the court shall commit the child to the temporary |
195 | legal custody of the department. Such commitment invests in the |
196 | department all rights and responsibilities of a legal custodian. |
197 | The department shall not return any child to the physical care |
198 | and custody of the person from whom the child was removed, |
199 | except for court-approved visitation periods, without the |
200 | approval of the court. The term of such commitment continues |
201 | until terminated by the court or until the child reaches the age |
202 | of 18. After the child is committed to the temporary legal |
203 | custody of the department, all further proceedings under this |
204 | section are governed by this chapter. |
205 |
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206 | Protective supervision continues until the court terminates it |
207 | or until the child reaches the age of 18, whichever date is |
208 | first. Protective supervision shall be terminated by the court |
209 | whenever the court determines that permanency has been achieved |
210 | for the child, whether with a parent, another relative, or a |
211 | legal custodian, and that protective supervision is no longer |
212 | needed. The termination of supervision may be with or without |
213 | retaining jurisdiction, at the court's discretion, and shall in |
214 | either case be considered a permanency option for the child. The |
215 | order terminating supervision by the department shall set forth |
216 | the powers of the custodian of the child and shall include the |
217 | powers ordinarily granted to a guardian of the person of a minor |
218 | unless otherwise specified. Upon the court's termination of |
219 | supervision by the department, no further judicial reviews are |
220 | required, so long as permanency has been established for the |
221 | child. |
222 | Section 5. Subsection (6) of section 39.814, Florida |
223 | Statutes, is amended, and subsection (7) is added to that |
224 | section, to read: |
225 | 39.814 Oaths, records, and confidential information.-- |
226 | (6) No court record of proceedings under this part shall |
227 | be admissible in evidence in any other civil or criminal |
228 | proceeding, except that: |
229 | (a) Orders terminating the rights of a parent are |
230 | admissible in evidence in subsequent adoption proceedings |
231 | relating to the child and in subsequent termination of parental |
232 | rights proceedings concerning a sibling of the child. |
233 | (a)(b) Records of proceedings under this part forming a |
234 | part of the record on appeal shall be used in the appellate |
235 | court in the manner hereinafter provided. |
236 | (b)(c) Records necessary therefor shall be admissible in |
237 | evidence in any case in which a person is being tried upon a |
238 | charge of having committed perjury. |
239 | (c) A final order entered pursuant to an adjudicatory |
240 | hearing is admissible in evidence in any subsequent civil |
241 | proceeding relating to placement of, access to, parental time |
242 | with, adoption of, or parental rights and responsibilities for |
243 | the same child or a sibling of that child. |
244 | (d) Evidence admitted in any proceeding under this part |
245 | may be admissible in evidence when offered by any party in a |
246 | subsequent civil proceeding relating to placement of, access to, |
247 | parental time with, adoption of, or parental rights and |
248 | responsibilities for the same child or a sibling of that child |
249 | if: |
250 | 1. Notice is given to the opposing party or opposing |
251 | party's counsel of the intent to offer the evidence and a copy |
252 | of such evidence is delivered to the opposing party or opposing |
253 | party's counsel; and |
254 | 2. The evidence is otherwise admissible in the subsequent |
255 | civil proceeding. |
256 | (7) Final orders, records, and evidence in any proceeding |
257 | under this part which are subsequently admitted in evidence |
258 | pursuant to subsection (6) remain subject to subsections (3) and |
259 | (4). |
260 | Section 6. Section 61.13, Florida Statutes, is amended to |
261 | read: |
262 | 61.13 Custody and support of children; visitation rights; |
263 | power of court in making orders.-- |
264 | (1)(a) In a proceeding under this chapter for dissolution |
265 | of marriage, the court may at any time order either or both |
266 | parents who owe a duty of support to a child to pay support in |
267 | accordance with the guidelines in s. 61.30. The court initially |
268 | entering an order requiring one or both parents to make child |
269 | support payments shall have continuing jurisdiction after the |
270 | entry of the initial order to modify the amount and terms and |
271 | conditions of the child support payments when the modification |
272 | is found necessary by the court in the best interests of the |
273 | child, when the child reaches majority, or when there is a |
274 | substantial change in the circumstances of the parties. The |
275 | court initially entering a child support order shall also have |
276 | continuing jurisdiction to require the obligee to report to the |
277 | court on terms prescribed by the court regarding the disposition |
278 | of the child support payments. |
279 | (b) Each order for support shall contain a provision for |
280 | health care coverage for the minor child when the coverage is |
281 | reasonably available. Coverage is reasonably available if either |
282 | the obligor or obligee has access at a reasonable rate to a |
283 | group health plan. The court may require the obligor either to |
284 | provide health care coverage or to reimburse the obligee for the |
285 | cost of health care coverage for the minor child when coverage |
286 | is provided by the obligee. In either event, the court shall |
287 | apportion the cost of coverage, and any noncovered medical, |
288 | dental, and prescription medication expenses of the child, to |
289 | both parties by adding the cost to the basic obligation |
290 | determined pursuant to s. 61.30(6). The court may order that |
291 | payment of uncovered medical, dental, and prescription |
292 | medication expenses of the minor child be made directly to the |
293 | obligee on a percentage basis. |
294 | 1. In a non-Title IV-D case, a copy of the court order for |
295 | health care coverage shall be served on the obligor's union or |
296 | employer by the obligee when the following conditions are met: |
297 | a. The obligor fails to provide written proof to the |
298 | obligee within 30 days after receiving effective notice of the |
299 | court order, that the health care coverage has been obtained or |
300 | that application for coverage has been made; |
301 | b. The obligee serves written notice of intent to enforce |
302 | an order for health care coverage on the obligor by mail at the |
303 | obligor's last known address; and |
304 | c. The obligor fails within 15 days after the mailing of |
305 | the notice to provide written proof to the obligee that the |
306 | health care coverage existed as of the date of mailing. |
307 | 2.a. A support order enforced under Title IV-D of the |
308 | Social Security Act which requires that the obligor provide |
309 | health care coverage is enforceable by the department through |
310 | the use of the national medical support notice, and an amendment |
311 | to the support order is not required. The department shall |
312 | transfer the national medical support notice to the obligor's |
313 | union or employer. The department shall notify the obligor in |
314 | writing that the notice has been sent to the obligor's union or |
315 | employer, and the written notification must include the |
316 | obligor's rights and duties under the national medical support |
317 | notice. The obligor may contest the withholding required by the |
318 | national medical support notice based on a mistake of fact. To |
319 | contest the withholding, the obligor must file a written notice |
320 | of contest with the department within 15 business days after the |
321 | date the obligor receives written notification of the national |
322 | medical support notice from the department. Filing with the |
323 | department is complete when the notice is received by the person |
324 | designated by the department in the written notification. The |
325 | notice of contest must be in the form prescribed by the |
326 | department. Upon the timely filing of a notice of contest, the |
327 | department shall, within 5 business days, schedule an informal |
328 | conference with the obligor to discuss the obligor's factual |
329 | dispute. If the informal conference resolves the dispute to the |
330 | obligor's satisfaction or if the obligor fails to attend the |
331 | informal conference, the notice of contest is deemed withdrawn. |
332 | If the informal conference does not resolve the dispute, the |
333 | obligor may request an administrative hearing under chapter 120 |
334 | within 5 business days after the termination of the informal |
335 | conference, in a form and manner prescribed by the department. |
336 | However, the filing of a notice of contest by the obligor does |
337 | not delay the withholding of premium payments by the union, |
338 | employer, or health plan administrator. The union, employer, or |
339 | health plan administrator must implement the withholding as |
340 | directed by the national medical support notice unless notified |
341 | by the department that the national medical support notice is |
342 | terminated. |
343 | b. In a Title IV-D case, the department shall notify an |
344 | obligor's union or employer if the obligation to provide health |
345 | care coverage through that union or employer is terminated. |
346 | 3. In a non-Title IV-D case, upon receipt of the order |
347 | pursuant to subparagraph 1., or upon application of the obligor |
348 | pursuant to the order, the union or employer shall enroll the |
349 | minor child as a beneficiary in the group health plan regardless |
350 | of any restrictions on the enrollment period and withhold any |
351 | required premium from the obligor's income. If more than one |
352 | plan is offered by the union or employer, the child shall be |
353 | enrolled in the group health plan in which the obligor is |
354 | enrolled. |
355 | 4.a. Upon receipt of the national medical support notice |
356 | under subparagraph 2. in a Title IV-D case, the union or |
357 | employer shall transfer the notice to the appropriate group |
358 | health plan administrator within 20 business days after the date |
359 | on the notice. The plan administrator must enroll the child as a |
360 | beneficiary in the group health plan regardless of any |
361 | restrictions on the enrollment period, and the union or employer |
362 | must withhold any required premium from the obligor's income |
363 | upon notification by the plan administrator that the child is |
364 | enrolled. The child shall be enrolled in the group health plan |
365 | in which the obligor is enrolled. If the group health plan in |
366 | which the obligor is enrolled is not available where the child |
367 | resides or if the obligor is not enrolled in group coverage, the |
368 | child shall be enrolled in the lowest cost group health plan |
369 | that is available where the child resides. |
370 | b. If health care coverage or the obligor's employment is |
371 | terminated in a Title IV-D case, the union or employer that is |
372 | withholding premiums for health care coverage under a national |
373 | medical support notice must notify the department within 20 days |
374 | after the termination and provide the obligor's last known |
375 | address and the name and address of the obligor's new employer, |
376 | if known. |
377 | 5.a. The amount withheld by a union or employer in |
378 | compliance with a support order may not exceed the amount |
379 | allowed under s. 303(b) of the Consumer Credit Protection Act, |
380 | 15 U.S.C. s. 1673(b), as amended. The union or employer shall |
381 | withhold the maximum allowed by the Consumer Credit Protection |
382 | Act in the following order: |
383 | (I) Current support, as ordered. |
384 | (II) Premium payments for health care coverage, as |
385 | ordered. |
386 | (III) Past due support, as ordered. |
387 | (IV) Other medical support or coverage, as ordered. |
388 | b. If the combined amount to be withheld for current |
389 | support plus the premium payment for health care coverage exceed |
390 | the amount allowed under the Consumer Credit Protection Act, and |
391 | the health care coverage cannot be obtained unless the full |
392 | amount of the premium is paid, the union or employer may not |
393 | withhold the premium payment. However, the union or employer |
394 | shall withhold the maximum allowed in the following order: |
395 | (I) Current support, as ordered. |
396 | (II) Past due support, as ordered. |
397 | (III) Other medical support or coverage, as ordered. |
398 | 6. The Department of Revenue may adopt rules to administer |
399 | the child support enforcement provisions of this section which |
400 | affect Title IV-D cases. |
401 | (c) To the extent necessary to protect an award of child |
402 | support, the court may order the obligor to purchase or maintain |
403 | a life insurance policy or a bond, or to otherwise secure the |
404 | child support award with any other assets which may be suitable |
405 | for that purpose. |
406 | (d)1. Unless the provisions of subparagraph 3. apply, all |
407 | child support orders entered on or after January 1, 1985, shall |
408 | direct that the payments of child support be made as provided in |
409 | s. 61.181 through the depository in the county where the court |
410 | is located. All child support orders shall provide the full name |
411 | and date of birth of each minor child who is the subject of the |
412 | child support order. |
413 | 2. Unless the provisions of subparagraph 3. apply, all |
414 | child support orders entered before January 1, 1985, shall be |
415 | modified by the court to direct that payments of child support |
416 | shall be made through the depository in the county where the |
417 | court is located upon the subsequent appearance of either or |
418 | both parents to modify or enforce the order, or in any related |
419 | proceeding. |
420 | 3. If both parties request and the court finds that it is |
421 | in the best interest of the child, support payments need not be |
422 | directed through the depository. The order of support shall |
423 | provide, or shall be deemed to provide, that either party may |
424 | subsequently apply to the depository to require direction of the |
425 | payments through the depository. The court shall provide a copy |
426 | of the order to the depository. |
427 | 4. If the parties elect not to require that support |
428 | payments be made through the depository, any party may |
429 | subsequently file an affidavit with the depository alleging a |
430 | default in payment of child support and stating that the party |
431 | wishes to require that payments be made through the depository. |
432 | The party shall provide copies of the affidavit to the court and |
433 | to each other party. Fifteen days after receipt of the |
434 | affidavit, the depository shall notify both parties that future |
435 | payments shall be paid through the depository. |
436 | 5. In IV-D cases, the IV-D agency shall have the same |
437 | rights as the obligee in requesting that payments be made |
438 | through the depository. |
439 | (e) In a judicial circuit with a work experience and job |
440 | training pilot project, if the obligor is unemployed or has no |
441 | income and does not have an account at a financial institution, |
442 | then the court shall order the obligor to seek employment, if |
443 | the obligor is able to engage in employment, and to immediately |
444 | notify the court upon obtaining employment, upon obtaining any |
445 | income, or upon obtaining any ownership of any asset with a |
446 | value of $500 or more. If the obligor is still unemployed 30 |
447 | days after any order for support, the court may order the |
448 | obligor to enroll in the work experience, job placement, and job |
449 | training pilot program for noncustodial parents as established |
450 | in s. 409.2565, if the obligor is eligible for entrance into the |
451 | pilot program. |
452 | (2)(a) The court shall have jurisdiction to determine |
453 | custody, notwithstanding that the child is not physically |
454 | present in this state at the time of filing any proceeding under |
455 | this chapter, if it appears to the court that the child was |
456 | removed from this state for the primary purpose of removing the |
457 | child from the jurisdiction of the court in an attempt to avoid |
458 | a determination or modification of custody. |
459 | (b)1. The court shall determine all matters relating to |
460 | custody of each minor child of the parties in accordance with |
461 | the best interests of the child and in accordance with the |
462 | Uniform Child Custody Jurisdiction and Enforcement Act. It is |
463 | the public policy of this state to assure that each minor child |
464 | has frequent and continuing contact with both parents after the |
465 | parents separate or the marriage of the parties is dissolved and |
466 | to encourage parents to share the rights and responsibilities, |
467 | and joys, of childrearing. After considering all relevant facts, |
468 | the father of the child shall be given the same consideration as |
469 | the mother in determining the primary residence of a child |
470 | irrespective of the age or sex of the child. |
471 | 2. The court shall order that the parental responsibility |
472 | for a minor child be shared by both parents unless the court |
473 | finds that shared parental responsibility would be detrimental |
474 | to the child. Evidence that a parent has been convicted of a |
475 | felony of the third degree or higher involving domestic |
476 | violence, as defined in s. 741.28 and chapter 775, or meets the |
477 | criteria of s. 39.806(1)(d), creates a rebuttable presumption of |
478 | detriment to the child. If the presumption is not rebutted, |
479 | shared parental responsibility, including visitation, residence |
480 | of the child, and decisions made regarding the child, may not be |
481 | granted to the convicted parent. However, the convicted parent |
482 | is not relieved of any obligation to provide financial support. |
483 | If the court determines that shared parental responsibility |
484 | would be detrimental to the child, it may order sole parental |
485 | responsibility and make such arrangements for visitation as will |
486 | best protect the child or abused spouse from further harm. |
487 | Whether or not there is a conviction of any offense of domestic |
488 | violence or child abuse or the existence of an injunction for |
489 | protection against domestic violence, the court shall consider |
490 | evidence of domestic violence or child abuse as evidence of |
491 | detriment to the child. |
492 | a. In ordering shared parental responsibility, the court |
493 | may consider the expressed desires of the parents and may grant |
494 | to one party the ultimate responsibility over specific aspects |
495 | of the child's welfare or may divide those responsibilities |
496 | between the parties based on the best interests of the child. |
497 | Areas of responsibility may include primary residence, |
498 | education, medical and dental care, and any other |
499 | responsibilities that the court finds unique to a particular |
500 | family. |
501 | b. The court shall order "sole parental responsibility, |
502 | with or without visitation rights, to the other parent when it |
503 | is in the best interests of" the minor child. |
504 | c. The court may award the grandparents visitation rights |
505 | with a minor child if it is in the child's best interest. |
506 | Grandparents have legal standing to seek judicial enforcement of |
507 | such an award. This section does not require that grandparents |
508 | be made parties or given notice of dissolution pleadings or |
509 | proceedings. A court may not order that a child be kept within |
510 | the state or jurisdiction of the court solely for the purpose of |
511 | permitting visitation by the grandparents. |
512 | 3. Access to records and information pertaining to a minor |
513 | child, including, but not limited to, medical, dental, and |
514 | school records, may not be denied to a parent because the parent |
515 | is not the child's primary residential parent. Full rights under |
516 | this subparagraph apply to either parent unless a court order |
517 | specifically revokes these rights, including any restrictions on |
518 | these rights as provided in a domestic violence injunction. A |
519 | parent having rights under this subparagraph has the same rights |
520 | upon request as to form, substance, and manner of access as are |
521 | available to the other parent of a child, including, without |
522 | limitation, the right to in-person communication with medical, |
523 | dental, and education providers. |
524 | (c) The circuit court in the county in which either parent |
525 | and the child reside or the circuit court in which the original |
526 | award of custody was entered have jurisdiction to modify an |
527 | award of child custody. The court may change the venue in |
528 | accordance with s. 47.122. |
529 | (d) No presumption shall arise in favor of or against a |
530 | request to relocate when a primary residential parent seeks to |
531 | move the child and the move will materially affect the current |
532 | schedule of contact and access with the secondary residential |
533 | parent. In making a determination as to whether the primary |
534 | residential parent may relocate with a child, the court must |
535 | consider the following factors: |
536 | 1. Whether the move would be likely to improve the general |
537 | quality of life for both the residential parent and the child. |
538 | 2. The extent to which visitation rights have been allowed |
539 | and exercised. |
540 | 3. Whether the primary residential parent, once out of the |
541 | jurisdiction, will be likely to comply with any substitute |
542 | visitation arrangements. |
543 | 4. Whether the substitute visitation will be adequate to |
544 | foster a continuing meaningful relationship between the child |
545 | and the secondary residential parent. |
546 | 5. Whether the cost of transportation is financially |
547 | affordable by one or both parties. |
548 | 6. Whether the move is in the best interests of the child. |
549 | (3) For purposes of shared parental responsibility and |
550 | primary residence, the best interests of the child shall include |
551 | an evaluation of all factors affecting the welfare and interests |
552 | of the child, including, but not limited to: |
553 | (a) The parent who is more likely to allow the child |
554 | frequent and continuing contact with the nonresidential parent. |
555 | (b) The love, affection, and other emotional ties existing |
556 | between the parents and the child. |
557 | (c) The capacity and disposition of the parents to provide |
558 | the child with food, clothing, medical care or other remedial |
559 | care recognized and permitted under the laws of this state in |
560 | lieu of medical care, and other material needs. |
561 | (d) The length of time the child has lived in a stable, |
562 | satisfactory environment and the desirability of maintaining |
563 | continuity. |
564 | (e) The permanence, as a family unit, of the existing or |
565 | proposed custodial home. |
566 | (f) The moral fitness of the parents. |
567 | (g) The mental and physical health of the parents. |
568 | (h) The home, school, and community record of the child. |
569 | (i) The reasonable preference of the child, if the court |
570 | deems the child to be of sufficient intelligence, understanding, |
571 | and experience to express a preference. |
572 | (j) The willingness and ability of each parent to |
573 | facilitate and encourage a close and continuing parent-child |
574 | relationship between the child and the other parent. |
575 | (k) Evidence that any party has knowingly provided false |
576 | information to the court regarding a domestic violence |
577 | proceeding pursuant to s. 741.30. |
578 | (l) Evidence of domestic violence or child abuse. |
579 | (m) Any other fact considered by the court to be relevant. |
580 | (4)(a) When a noncustodial parent who is ordered to pay |
581 | child support or alimony and who is awarded visitation rights |
582 | fails to pay child support or alimony, the custodial parent |
583 | shall not refuse to honor the noncustodial parent's visitation |
584 | rights. |
585 | (b) When a custodial parent refuses to honor a |
586 | noncustodial parent's visitation rights, the noncustodial parent |
587 | shall not fail to pay any ordered child support or alimony. |
588 | (c) When a custodial parent refuses to honor a |
589 | noncustodial parent's or grandparent's visitation rights without |
590 | proper cause, the court shall, after calculating the amount of |
591 | visitation improperly denied, award the noncustodial parent or |
592 | grandparent a sufficient amount of extra visitation to |
593 | compensate the noncustodial parent or grandparent, which |
594 | visitation shall be ordered as expeditiously as possible in a |
595 | manner consistent with the best interests of the child and |
596 | scheduled in a manner that is convenient for the person deprived |
597 | of visitation. In ordering any makeup visitation, the court |
598 | shall schedule such visitation in a manner that is consistent |
599 | with the best interests of the child or children and that is |
600 | convenient for the noncustodial parent or grandparent. In |
601 | addition, the court: |
602 | 1. May order the custodial parent to pay reasonable court |
603 | costs and attorney's fees incurred by the noncustodial parent or |
604 | grandparent to enforce their visitation rights or make up |
605 | improperly denied visitation; |
606 | 2. May order the custodial parent to attend the parenting |
607 | course approved by the judicial circuit; |
608 | 3. May order the custodial parent to do community service |
609 | if the order will not interfere with the welfare of the child; |
610 | 4. May order the custodial parent to have the financial |
611 | burden of promoting frequent and continuing contact when the |
612 | custodial parent and child reside further than 60 miles from the |
613 | noncustodial parent; |
614 | 5. May award custody, rotating custody, or primary |
615 | residence to the noncustodial parent, upon the request of the |
616 | noncustodial parent, if the award is in the best interests of |
617 | the child; or |
618 | 6. May impose any other reasonable sanction as a result of |
619 | noncompliance. |
620 | (d) A person who violates this subsection may be punished |
621 | by contempt of court or other remedies as the court deems |
622 | appropriate. |
623 | (5) The court may make specific orders for the care and |
624 | custody of the minor child as from the circumstances of the |
625 | parties and the nature of the case is equitable and provide for |
626 | child support in accordance with the guidelines in s. 61.30. An |
627 | award of shared parental responsibility of a minor child does |
628 | not preclude the court from entering an order for child support |
629 | of the child. |
630 | (6) In any proceeding under this section, the court may |
631 | not deny shared parental responsibility, custody, or visitation |
632 | rights to a parent or grandparent solely because that parent or |
633 | grandparent is or is believed to be infected with human |
634 | immunodeficiency virus; but the court may condition such rights |
635 | upon the parent's or grandparent's agreement to observe measures |
636 | approved by the Centers for Disease Control and Prevention of |
637 | the United States Public Health Service or by the Department of |
638 | Health for preventing the spread of human immunodeficiency virus |
639 | to the child. |
640 | (7) In any case where the child is actually residing with |
641 | a grandparent in a stable relationship, whether the court has |
642 | awarded custody to the grandparent or not, the court may |
643 | recognize the grandparents as having the same standing as |
644 | parents for evaluating what custody arrangements are in the best |
645 | interest of the child. |
646 | (7)(8) If the court orders that parental responsibility, |
647 | including visitation, be shared by both parents, the court may |
648 | not deny the noncustodial parent overnight contact and access to |
649 | or visitation with the child solely because of the age or sex of |
650 | the child. |
651 | (8)(9)(a) Beginning July 1, 1997, each party to any |
652 | paternity or support proceeding is required to file with the |
653 | tribunal as defined in s. 88.1011(22) and State Case Registry |
654 | upon entry of an order, and to update as appropriate, |
655 | information on location and identity of the party, including |
656 | social security number, residential and mailing addresses, |
657 | telephone number, driver's license number, and name, address, |
658 | and telephone number of employer. Beginning October 1, 1998, |
659 | each party to any paternity or child support proceeding in a |
660 | non-Title IV-D case shall meet the above requirements for |
661 | updating the tribunal and State Case Registry. |
662 | (b) Pursuant to the federal Personal Responsibility and |
663 | Work Opportunity Reconciliation Act of 1996, each party is |
664 | required to provide his or her social security number in |
665 | accordance with this section. Disclosure of social security |
666 | numbers obtained through this requirement shall be limited to |
667 | the purpose of administration of the Title IV-D program for |
668 | child support enforcement. |
669 | (c) Beginning July 1, 1997, in any subsequent Title IV-D |
670 | child support enforcement action between the parties, upon |
671 | sufficient showing that diligent effort has been made to |
672 | ascertain the location of such a party, the court of competent |
673 | jurisdiction shall deem state due process requirements for |
674 | notice and service of process to be met with respect to the |
675 | party, upon delivery of written notice to the most recent |
676 | residential or employer address filed with the tribunal and |
677 | State Case Registry pursuant to paragraph (a). Beginning October |
678 | 1, 1998, in any subsequent non-Title IV-D child support |
679 | enforcement action between the parties, the same requirements |
680 | for service shall apply. |
681 | (9)(10) At the time an order for child support is entered, |
682 | each party is required to provide his or her social security |
683 | number and date of birth to the court, as well as the name, date |
684 | of birth, and social security number of each minor child that is |
685 | the subject of such child support order. Pursuant to the federal |
686 | Personal Responsibility and Work Opportunity Reconciliation Act |
687 | of 1996, each party is required to provide his or her social |
688 | security number in accordance with this section. All social |
689 | security numbers required by this section shall be provided by |
690 | the parties and maintained by the depository as a separate |
691 | attachment in the file. Disclosure of social security numbers |
692 | obtained through this requirement shall be limited to the |
693 | purpose of administration of the Title IV-D program for child |
694 | support enforcement. |
695 | Section 7. Subsections (3), (4), (5), and (6) of section |
696 | 61.21, Florida Statutes, are amended to read: |
697 | 61.21 Parenting course authorized; fees; required |
698 | attendance authorized; contempt.-- |
699 | (3) Each course provider offering a parenting course |
700 | pursuant to this section must be approved by the Department of |
701 | Children and Family Services. |
702 | (a) The Department of Children and Family Services shall |
703 | provide each judicial circuit with a list of approved course |
704 | providers and sites at which the parent education and family |
705 | stabilization course may be completed. Each judicial circuit |
706 | must make information regarding all course providers approved |
707 | for that circuit available to all parents. |
708 | (b) The Department of Children and Family Services shall |
709 | include on the list of approved course providers and sites for |
710 | each circuit at least one site in that circuit where the parent |
711 | education and family stabilization course may be completed on a |
712 | sliding fee scale, if available. |
713 | (c) The Department of Children and Family Services shall |
714 | include on the list of approved course providers, without |
715 | limitation as to the area of the state for which the course is |
716 | approved, a minimum of one statewide approved course to be |
717 | provided through the Internet and one statewide approved course |
718 | to be provided through correspondence. The purpose of the |
719 | Internet and correspondence courses is to ensure that the parent |
720 | education and stabilization course is available in the home |
721 | county of each state resident and to those out-of-state persons |
722 | subject to this section. |
723 | (d) The Department of Children and Family Services may |
724 | remove a provider who violates this section, or its implementing |
725 | rules, from the list of approved court providers. |
726 | (e) The Department of Children and Family Services shall |
727 | adopt rules to administer subsection (2) and this subsection. |
728 | (4)(3) All parties to a dissolution of marriage proceeding |
729 | with minor children or a paternity action that which involves |
730 | issues of parental responsibility shall be required to complete |
731 | the Parent Education and Family Stabilization Course prior to |
732 | the entry by the court of a final judgment. The court may excuse |
733 | a party from attending the parenting course, or from completing |
734 | the course within the required time, for good cause. |
735 | (5)(4) All parties required to complete a parenting course |
736 | under this section shall begin the course as expeditiously as |
737 | possible. For dissolution of marriage actions, unless excused by |
738 | the court pursuant to subsection (4), the petitioner must |
739 | complete the course within 45 days after the filing of the |
740 | petition, and all other parties must complete the course within |
741 | 45 days after service of the petition. For paternity actions, |
742 | unless excused by the court pursuant to subsection (4), the |
743 | petitioner must complete the course within 45 days after filing |
744 | the petition, and any other party must complete the course |
745 | within 45 days after an acknowledgment of paternity by that |
746 | party, an adjudication of paternity of that party, or an order |
747 | granting visitation to or support from that party. Each party to |
748 | a dissolution or paternity action after filing for dissolution |
749 | of marriage and shall file proof of compliance with this |
750 | subsection with the court prior to the entry of the final |
751 | judgment. |
752 | (6)(5) All parties to a modification of a final judgment |
753 | involving shared parental responsibilities, custody, or |
754 | visitation may be required to complete a court-approved |
755 | parenting course prior to the entry of an order modifying the |
756 | final judgment. |
757 | (6) The department shall provide each judicial circuit |
758 | with a list of approved course providers and sites at which the |
759 | parent education and family stabilization course required by |
760 | this section may be completed. The department shall also include |
761 | on the list of course providers and sites at least one site in |
762 | each circuit at which the parent education and family |
763 | stabilization course may be completed on a sliding fee scale, if |
764 | available. |
765 | Section 8. Paragraph (a) of subsection (5) and paragraph |
766 | (a) of subsection (6) of section 741.30, Florida Statutes, are |
767 | amended to read: |
768 | 741.30 Domestic violence; injunction; powers and duties of |
769 | court and clerk; petition; notice and hearing; temporary |
770 | injunction; issuance of injunction; statewide verification |
771 | system; enforcement.-- |
772 | (5)(a) When it appears to the court that an immediate and |
773 | present danger of domestic violence exists, the court may grant |
774 | a temporary injunction ex parte, pending a full hearing, and may |
775 | grant such relief as the court deems proper, including an |
776 | injunction: |
777 | 1. Restraining the respondent from committing any acts of |
778 | domestic violence. |
779 | 2. Awarding to the petitioner the temporary exclusive use |
780 | and possession of the dwelling that the parties share or |
781 | excluding the respondent from the residence of the petitioner. |
782 | 3. On the same basis as provided in s. 61.13(2), (3), (4), |
783 | and (5), granting to the petitioner temporary custody of a minor |
784 | child or children. An order of temporary custody remains in |
785 | effect until the order expires or an order is entered by a court |
786 | of competent jurisdiction in a pending or subsequent civil |
787 | action or proceeding affecting the placement of, access to, |
788 | parental time with, adoption of, or parental rights and |
789 | responsibilities for the minor child. |
790 | (6)(a) Upon notice and hearing, when it appears to the |
791 | court that the petitioner is either the victim of domestic |
792 | violence as defined by s. 741.28 or has reasonable cause to |
793 | believe he or she is in imminent danger of becoming a victim of |
794 | domestic violence, the court may grant such relief as the court |
795 | deems proper, including an injunction: |
796 | 1. Restraining the respondent from committing any acts of |
797 | domestic violence. |
798 | 2. Awarding to the petitioner the exclusive use and |
799 | possession of the dwelling that the parties share or excluding |
800 | the respondent from the residence of the petitioner. |
801 | 3. On the same basis as provided in chapter 61, awarding |
802 | temporary custody of, or temporary visitation rights with regard |
803 | to, a minor child or children of the parties. An order of |
804 | temporary custody or visitation remains in effect until the |
805 | order expires or an order is entered by a court of competent |
806 | jurisdiction in a pending or subsequent civil action or |
807 | proceeding affecting the placement of, access to, parental time |
808 | with, adoption of, or parental rights and responsibilities for |
809 | the minor child. |
810 | 4. On the same basis as provided in chapter 61, |
811 | establishing temporary support for a minor child or children or |
812 | the petitioner. An order of temporary support remains in effect |
813 | until the order expires or an order is entered by a court of |
814 | competent jurisdiction in a pending or subsequent civil action |
815 | or proceeding affecting child support. |
816 | 5. Ordering the respondent to participate in treatment, |
817 | intervention, or counseling services to be paid for by the |
818 | respondent. When the court orders the respondent to participate |
819 | in a batterers' intervention program, the court, or any entity |
820 | designated by the court, must provide the respondent with a list |
821 | of all certified batterers' intervention programs and all |
822 | programs which have submitted an application to the Department |
823 | of Children and Family Services Corrections to become certified |
824 | under s. 741.32 s. 741.325, from which the respondent must |
825 | choose a program in which to participate. If there are no |
826 | certified batterers' intervention programs in the circuit, the |
827 | court shall provide a list of acceptable programs from which the |
828 | respondent must choose a program in which to participate. |
829 | 6. Referring a petitioner to a certified domestic violence |
830 | center. The court must provide the petitioner with a list of |
831 | certified domestic violence centers in the circuit which the |
832 | petitioner may contact. |
833 | 7. Ordering such other relief as the court deems necessary |
834 | for the protection of a victim of domestic violence, including |
835 | injunctions or directives to law enforcement agencies, as |
836 | provided in this section. |
837 | Section 9. Subsection (1) of section 61.1827, Florida |
838 | Statutes, is amended to read: |
839 | 61.1827 Identifying information concerning applicants for |
840 | and recipients of child support services.-- |
841 | (1) Any information that reveals the identity of |
842 | applicants for or recipients of child support services, |
843 | including the name, address, and telephone number of such |
844 | persons, in the possession of a non-Title IV-D county child |
845 | support enforcement agency is confidential and exempt from |
846 | public disclosure pursuant to s. 119.07(1) and s. 24(a) of Art. |
847 | I of the State Constitution. The use or disclosure of such |
848 | information by the non-Title IV-D county child support |
849 | enforcement agency is limited to the purposes directly connected |
850 | with: |
851 | (a) Any investigation, prosecution, or criminal or civil |
852 | proceeding connected with the administration of any non-Title |
853 | IV-D county child support enforcement program; |
854 | (b) Mandatory disclosure of identifying and location |
855 | information as provided in s. 61.13(8)(9) by the non-Title IV-D |
856 | county child support enforcement agency when providing non-Title |
857 | IV-D services; or |
858 | (c) Mandatory disclosure of information as required by ss. |
859 | 409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the |
860 | Social Security Act. |
861 | (d) Disclosure to an authorized person, as defined in 45 |
862 | C.F.R. s. 303.15, for purposes of enforcing any state or federal |
863 | law with respect to the unlawful taking or restraint of a child |
864 | or making or enforcing a child custody or visitation |
865 | determination. As used in this paragraph, the term "authorized |
866 | person" includes a noncustodial parent, unless a court has |
867 | entered an order under s. 741.30, s. 741.31, or s. 784.046. |
868 | Section 10. Subsection (1) of section 409.2579, Florida |
869 | Statutes, is amended to read: |
870 | 409.2579 Safeguarding Title IV-D case file information.-- |
871 | (1) Information concerning applicants for or recipients of |
872 | Title IV-D child support services is confidential and exempt |
873 | from the provisions of s. 119.07(1). The use or disclosure of |
874 | such information by the IV-D program is limited to purposes |
875 | directly connected with: |
876 | (a) The administration of the plan or program approved |
877 | under part A, part B, part D, part E, or part F of Title IV; |
878 | under Title II, Title X, Title XIV, Title XVI, Title XIX, or |
879 | Title XX; or under the supplemental security income program |
880 | established under Title XVI of the Social Security Act; |
881 | (b) Any investigation, prosecution, or criminal or civil |
882 | proceeding connected with the administration of any such plan or |
883 | program; |
884 | (c) The administration of any other federal or federally |
885 | assisted program which provides service or assistance, in cash |
886 | or in kind, directly to individuals on the basis of need; |
887 | (d) Reporting to an appropriate agency or official, |
888 | information on known or suspected instances of physical or |
889 | mental injury, child abuse, sexual abuse or exploitation, or |
890 | negligent treatment or maltreatment of a child who is the |
891 | subject of a support enforcement activity under circumstances |
892 | which indicate that the child's health or welfare is threatened |
893 | thereby; and |
894 | (e) Mandatory disclosure of identifying and location |
895 | information as provided in s. 61.13(8)(9) by the IV-D program |
896 | when providing Title IV-D services. |
897 | Section 11. If any provision of this act or its |
898 | application to any person or circumstance is held invalid, the |
899 | invalidity does not affect other provisions or applications of |
900 | the act which can be given effect without the invalid provision |
901 | or application, and to this end the provisions of this act are |
902 | severable. |
903 | Section 12. This act shall take effect July 1, 2005. |