HB 1245

1	A bill to be entitled
2	An act relating to parental plans and time-sharing with
3	children; retitling ch. 61, F.S.; amending s. 61.046,
4	F.S.; deleting a definition of "custodial parent" and
5	defining the terms "parenting plan," "parenting plan
6	recommendation," and "time-sharing schedule"; amending s.
7	61.052, F.S.; authorizing the court to issue an
8	appropriate order for a parenting plan; amending s. 61.09,
9	F.S.; authorizing the parent who is not receiving child
10	support to apply to the court for support of the child;
11	amending s. 61.10, F.S.; providing for the court to
12	adjudicate parenting plans and the time-sharing schedules
13	when unconnected with the dissolution of a marriage;
14	amending s. 61.122, F.S.; providing for developing a
15	parenting plan recommendation; amending s. 61.13, F.S.;
16	authorizing the court to make orders relating to time-
17	sharing and parenting of children; requiring equal
18	treatment for mothers and fathers in parenting decisions;
19	providing for the creation or modification of a parenting
20	plan or time-sharing schedule; establishing criteria for
21	determining the best interests of a child; providing that
22	a parent may not refuse to obey time-sharing orders even
23	if the other parent has not paid alimony or child support;
24	authorizing a court to order additional time-sharing if
25	the custodial parent refuses to abide by the time-sharing
26	agreement or order; amending s. 61.13001, F.S.; providing
27	for relocation of a child; providing for a relocation
28	agreement between the parents; providing procedures for
29	relocation when an agreement cannot be reached; amending
30	s. 61.181, F.S.; providing for distributing child support
31	funds; amending s. 61.1827, F.S., relating to child
32	support services; conforming provisions to changes made by
33	the act; amending s. 61.20, F.S.; providing for the court
34	to order a social service investigation if a parenting
35	plan is at issue; amending s. 61.21, F.S.; providing that
36	parties to a parenting plan or a time-sharing schedule may
37	be required by the court to attend a parenting course;
38	amending s. 61.30, F.S.; revising calculations for child
39	support awards; amending s. 61.401, F.S.; authorizing the
40	court to appoint a guardian ad litem in cases involving a
41	parenting plan or a time-sharing schedule; amending s.
42	61.45, F.S.; providing for court orders for parenting
43	plans and time-sharing schedules; amending s. 741.0306,
44	F.S.; including material on parenting plans and time-
45	sharing schedules in the family law handbook prepared by
46	The Florida Bar; amending s. 741.30, F.S., relating to
47	injunctions against domestic violence; conforming
48	provisions to changes made by the act; amending s.
49	742.031, F.S.; providing for parenting plans and time-
50	sharing schedules in proceedings to determine paternity;
51	reenacting s. 61.1825(3)(a), F.S., relating to the State
52	Case Registry, to incorporate the amendments made to s.
53	741.30, F.S., in a reference thereto; repealing s. 61.121,
54	F.S., relating to court orders for rotating custody
55	between parents if it is in the best interests of the
56	child; providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Chapter 61, Florida Statutes, entitled
61	"DISSOLUTION OF MARRIAGE; SUPPORT; CUSTODY" is retitled as
62	"DISSOLUTION OF MARRIAGE; SUPPORT; TIME-SHARING."
63	Section 2.  Section 61.046, Florida Statutes, is amended to
64	read:
65	61.046  Definitions.--As used in this chapter:
66	(1)  "Business day" means any day other than a Saturday,
67	Sunday, or legal holiday.
68	(2)  "Clerk of Court Child Support Collection System" or
69	"CLERC System" means the automated system established pursuant
70	to s. 61.181(2)(b)1., integrating all clerks of court and
71	depositories and through which payment data and State Case
72	Registry data is transmitted to the department's automated child
73	support enforcement system.
74	(3)  "Custodial parent" or "primary residential parent"
75	means the parent with whom the child maintains his or her
76	primary residence.
77	(3)(4)  "Department" means the Department of Revenue.
78	(4)(5)  "Depository" means the central governmental
79	depository established pursuant to s. 61.181, created by special
80	act of the Legislature or other entity established before June
81	1, 1985, to perform depository functions and to receive, record,
82	report, disburse, monitor, and otherwise handle alimony and
83	child support payments not otherwise required to be processed by
84	the State Disbursement Unit.
85	(5)(6)  "Federal Case Registry of Child Support Orders"
86	means the automated registry of support order abstracts and
87	other information established and maintained by the United
88	States Department of Health and Human Services as provided by 42
89	U.S.C. s. 653(h).
90	(6)(7)  "Income" means any form of payment to an
91	individual, regardless of source, including, but not limited to:
92	wages, salary, commissions and bonuses, compensation as an
93	independent contractor, worker's compensation, disability
94	benefits, annuity and retirement benefits, pensions, dividends,
95	interest, royalties, trusts, and any other payments, made by any
96	person, private entity, federal or state government, or any unit
97	of local government.  United States Department of Veterans
98	Affairs disability benefits and unemployment compensation, as
99	defined in chapter 443, are excluded from this definition of
100	income except for purposes of establishing an amount of support.
101	(7)(8)  "IV-D" means services provided pursuant to Title
102	IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.
103	(8)(9)  "Local officer" means an elected or appointed
104	constitutional or charter government official including, but not
105	limited to, the state attorney and clerk of the circuit court.
106	(9)(10)  "National medical support notice" means the notice
107	required under 42 U.S.C. s. 666(a)(19).
108	(10)(11)  "Noncustodial parent" means the parent with whom
109	the child does not maintain his or her primary residence.
110	(11)(12)  "Obligee" means the person to whom payments are
111	made pursuant to an order establishing, enforcing, or modifying
112	an obligation for alimony, for child support, or for alimony and
113	child support.
114	(12)(13)  "Obligor" means a person responsible for making
115	payments pursuant to an order establishing, enforcing, or
116	modifying an obligation for alimony, for child support, or for
117	alimony and child support.
118	(13)  "Parenting plan" means an arrangement, taking into
119	consideration all circumstances between the parties including
120	the parties' historic relationship, domestic violence, and other
121	factors, which has been developed by the parents of a minor
122	child and approved by a court or, if the parents cannot agree,
123	established by the court, which governs the relationship between
124	the parents relating to the decisions that must be made
125	regarding the minor child. The issues concerning the minor child
126	may include, but are not limited to, the child's education,
127	health care, and physical, social, and emotional well-being, and
128	may also include a time-sharing schedule.
129	(14)  "Parenting plan recommendation" means a nonbinding
130	recommendation, made by a licensed mental health professional or
131	any other individual designated by a court, concerning the
132	parenting plan that will govern the relationship between the
133	parents.
134	(15)(14)  "Payor" means an employer or former employer or
135	any other person or agency providing or administering income to
136	the obligor.
137	(16)(15)  "Shared parental responsibility" means a court-
138	ordered relationship in which both parents retain full parental
139	rights and responsibilities with respect to their minor child
140	and in which both parents confer with each other so that major
141	decisions affecting the welfare of the child will be determined
142	jointly.
143	(17)(16)  "Sole parental responsibility" means a court-
144	ordered relationship in which one parent makes decisions
145	regarding the minor child.
146	(18)(17)  "State Case Registry" means the automated
147	registry maintained by the Title IV-D agency, containing records
148	of each Title IV-D case and of each support order established or
149	modified in the state on or after October 1, 1998. Such records
150	shall consist of data elements as required by the United States
151	Secretary of Health and Human Services.
152	(19)(18)  "State Disbursement Unit" means the unit
153	established and operated by the Title IV-D agency to provide one
154	central address for collection and disbursement of child support
155	payments made in cases enforced by the department pursuant to
156	Title IV-D of the Social Security Act and in cases not being
157	enforced by the department in which the support order was
158	initially issued in this state on or after January 1, 1994, and
159	in which the obligor's child support obligation is being paid
160	through income deduction order.
161	(20)(19)  "Support order" means a judgment, decree, or
162	order, whether temporary or final, issued by a court of
163	competent jurisdiction or administrative agency for the support
164	and maintenance of a child which provides for monetary support,
165	health care, arrearages, or past support. When the child support
166	obligation is being enforced by the Department of Revenue, the
167	term "support order" also means a judgment, decree, or order,
168	whether temporary or final, issued by a court of competent
169	jurisdiction for the support and maintenance of a child and the
170	spouse or former spouse of the obligor with whom the child is
171	living which provides for monetary support, health care,
172	arrearages, or past support.
173	(21)(20)  "Support," unless otherwise specified, means:
174	(a)  Child support and, when the child support obligation
175	is being enforced by the Department of Revenue, spousal support
176	or alimony for the spouse or former spouse of the obligor with
177	whom the child is living.
178	(b)  Child support only in cases not being enforced by the
179	Department of Revenue.
180	(22)  "Time-sharing schedule" means a timetable that has
181	been developed by the parents of a minor child, incorporated
182	into a parenting plan, and approved by a court which specifies
183	the time that a minor child will spend with each of the child's
184	parents. If the parents cannot agree, the schedule shall be
185	established by the court.
186	Section 3.  Subsection (3) of section 61.052, Florida
187	Statutes, is amended to read:
188	61.052  Dissolution of marriage.--
189	(3)  During any period of continuance, the court may make
190	appropriate orders for the support and alimony of the parties;
191	the parenting plan primary residence, custody, rotating custody,
192	visitation, support, maintenance, and education of the minor
193	child of the marriage; attorney's fees; and the preservation of
194	the property of the parties.
195	Section 4.  Section 61.09, Florida Statutes, is amended to
196	read:
197	61.09  Alimony and child support unconnected with
198	dissolution.--If a person having the ability to contribute to
199	the maintenance of his or her spouse and support of his or her
200	minor child fails to do so, the spouse who is not receiving
201	support or who has custody of the child or with whom the child
202	has primary residence may apply to the court for alimony and for
203	support for the child without seeking dissolution of marriage,
204	and the court shall enter an order as it deems just and proper.
205	Section 5.  Section 61.10, Florida Statutes, is amended to
206	read:
207	61.10  Adjudication of obligation to support spouse or
208	minor child unconnected with dissolution; parenting plan and
209	time-sharing schedule child custody, child's primary residence,
210	and visitation.--Except when relief is afforded by some other
211	pending civil action or proceeding, a spouse residing in this
212	state apart from his or her spouse and minor child, whether or
213	not such separation is through his or her fault, may obtain an
214	adjudication of obligation to maintain the spouse and minor
215	child, if any. The court shall adjudicate his or her financial
216	obligations to the spouse and child and, shall establish the
217	parenting plan and time-sharing schedule for child's primary
218	residence, and shall determine the custody and visitation rights
219	of the parties. Such an action does not preclude either party
220	from maintaining any other proceeding under this chapter for
221	other or additional relief at any time.
222	Section 6.  Section 61.122, Florida Statutes, is amended to
223	read:
224	61.122  Parenting plan recommendation Child custody
225	evaluations; presumption of psychologist's good faith;
226	prerequisite to parent's filing suit; award of fees, costs,
227	reimbursement.--
228	(1)  A psychologist who has been appointed by the court to
229	develop a parenting plan recommendation conduct a child custody
230	evaluation in a dissolution of marriage, case of domestic
231	violence, or paternity matter involving parent-child
232	relationships, including time-sharing of children, judicial
233	proceeding is presumed to be acting in good faith if the
234	psychologist's recommendation evaluation has been reached
235	conducted pursuant to standards that a reasonable psychologist
236	would use to develop a parenting plan recommendation have used
237	as recommended by the American Psychological Association's
238	guidelines for child custody evaluation in divorce proceedings.
239	(2)  An administrative complaint against a court-appointed
240	psychologist which relates to a parenting plan recommendation
241	developed child custody evaluation conducted by the psychologist
242	may not be filed anonymously. The individual who files such an
243	administrative complaint must include in the complaint his or
244	her name, address, and telephone number.
245	(3)  A parent who desires wishes to file a legal action
246	against a court-appointed psychologist who has acted in good
247	faith in developing conducting a parenting plan recommendation
248	child custody evaluation must petition the judge who presided
249	over the dissolution of marriage, case of domestic violence, or
250	paternity action involving parent-child relationships, including
251	time-sharing of children, child custody proceeding to appoint
252	another psychologist. Upon the parent's showing of good cause,
253	the court shall appoint another psychologist. The court shall
254	determine make a determination as to who is responsible for all
255	court costs and attorney's fees associated with making such an
256	appointment.
257	(4)  If a legal action, whether it be a civil action, a
258	criminal action, or an administrative proceeding, is filed
259	against a court-appointed psychologist in a dissolution of
260	marriage, case of domestic violence, or paternity action
261	involving parent-child relationships, including time-sharing of
262	children child custody proceeding, the claimant is responsible
263	for all reasonable costs and reasonable attorney's fees
264	associated with the action for both parties if the psychologist
265	is held not liable. If the psychologist is held liable in civil
266	court, the psychologist must pay all reasonable costs and
267	reasonable attorney's fees for the claimant.
268	Section 7.  Section 61.13, Florida Statutes, is amended to
269	read:
270	61.13  Custody and Support and parenting of children;
271	visitation rights; power of court in making orders.--
272	(1)(a)  In a proceeding under this chapter, the court may
273	at any time order either or both parents who owe a duty of
274	support to a child to pay support in accordance with the
275	guidelines in s. 61.30. The court initially entering an order
276	requiring one or both parents to make child support payments
277	shall have continuing jurisdiction after the entry of the
278	initial order to modify the amount and terms and conditions of
279	the child support payments when the modification is found
280	necessary by the court in the best interests of the child, when
281	the child reaches majority, or when there is a substantial
282	change in the circumstances of the parties. The court initially
283	entering a child support order shall also have continuing
284	jurisdiction to require the obligee to report to the court on
285	terms prescribed by the court regarding the disposition of the
286	child support payments.
287	(b)  Each order for support shall contain a provision for
288	health care coverage for the minor child when the coverage is
289	reasonably available. Coverage is reasonably available if either
290	the obligor or obligee has access at a reasonable rate to a
291	group health plan. The court may require the obligor either to
292	provide health care coverage or to reimburse the obligee for the
293	cost of health care coverage for the minor child when coverage
294	is provided by the obligee. In either event, the court shall
295	apportion the cost of coverage, and any noncovered medical,
296	dental, and prescription medication expenses of the child, to
297	both parties by adding the cost to the basic obligation
298	determined pursuant to s. 61.30(6). The court may order that
299	payment of uncovered medical, dental, and prescription
300	medication expenses of the minor child be made directly to the
301	obligee on a percentage basis.
302	1.  In a non-Title IV-D case, a copy of the court order for
303	health care coverage shall be served on the obligor's union or
304	employer by the obligee when the following conditions are met:
305	a.  The obligor fails to provide written proof to the
306	obligee within 30 days after receiving effective notice of the
307	court order that the health care coverage has been obtained or
308	that application for coverage has been made;
309	b.  The obligee serves written notice of intent to enforce
310	an order for health care coverage on the obligor by mail at the
311	obligor's last known address; and
312	c.  The obligor fails within 15 days after the mailing of
313	the notice to provide written proof to the obligee that the
314	health care coverage existed as of the date of mailing.
315	2.a.  A support order enforced under Title IV-D of the
316	Social Security Act which requires that the obligor provide
317	health care coverage is enforceable by the department through
318	the use of the national medical support notice, and an amendment
319	to the support order is not required. The department shall
320	transfer the national medical support notice to the obligor's
321	union or employer. The department shall notify the obligor in
322	writing that the notice has been sent to the obligor's union or
323	employer, and the written notification must include the
324	obligor's rights and duties under the national medical support
325	notice. The obligor may contest the withholding required by the
326	national medical support notice based on a mistake of fact. To
327	contest the withholding, the obligor must file a written notice
328	of contest with the department within 15 business days after the
329	date the obligor receives written notification of the national
330	medical support notice from the department. Filing with the
331	department is complete when the notice is received by the person
332	designated by the department in the written notification. The
333	notice of contest must be in the form prescribed by the
334	department. Upon the timely filing of a notice of contest, the
335	department shall, within 5 business days, schedule an informal
336	conference with the obligor to discuss the obligor's factual
337	dispute. If the informal conference resolves the dispute to the
338	obligor's satisfaction or if the obligor fails to attend the
339	informal conference, the notice of contest is deemed withdrawn.
340	If the informal conference does not resolve the dispute, the
341	obligor may request an administrative hearing under chapter 120
342	within 5 business days after the termination of the informal
343	conference, in a form and manner prescribed by the department.
344	However, the filing of a notice of contest by the obligor does
345	not delay the withholding of premium payments by the union,
346	employer, or health plan administrator. The union, employer, or
347	health plan administrator must implement the withholding as
348	directed by the national medical support notice unless notified
349	by the department that the national medical support notice is
350	terminated.
351	b.  In a Title IV-D case, the department shall notify an
352	obligor's union or employer if the obligation to provide health
353	care coverage through that union or employer is terminated.
354	3.  In a non-Title IV-D case, upon receipt of the order
355	pursuant to subparagraph 1., or upon application of the obligor
356	pursuant to the order, the union or employer shall enroll the
357	minor child as a beneficiary in the group health plan regardless
358	of any restrictions on the enrollment period and withhold any
359	required premium from the obligor's income. If more than one
360	plan is offered by the union or employer, the child shall be
361	enrolled in the group health plan in which the obligor is
362	enrolled.
363	4.a.  Upon receipt of the national medical support notice
364	under subparagraph 2. in a Title IV-D case, the union or
365	employer shall transfer the notice to the appropriate group
366	health plan administrator within 20 business days after the date
367	on the notice. The plan administrator must enroll the child as a
368	beneficiary in the group health plan regardless of any
369	restrictions on the enrollment period, and the union or employer
370	must withhold any required premium from the obligor's income
371	upon notification by the plan administrator that the child is
372	enrolled. The child shall be enrolled in the group health plan
373	in which the obligor is enrolled. If the group health plan in
374	which the obligor is enrolled is not available where the child
375	resides or if the obligor is not enrolled in group coverage, the
376	child shall be enrolled in the lowest cost group health plan
377	that is available where the child resides.
378	b.  If health care coverage or the obligor's employment is
379	terminated in a Title IV-D case, the union or employer that is
380	withholding premiums for health care coverage under a national
381	medical support notice must notify the department within 20 days
382	after the termination and provide the obligor's last known
383	address and the name and address of the obligor's new employer,
384	if known.
385	5.a.  The amount withheld by a union or employer in
386	compliance with a support order may not exceed the amount
387	allowed under s. 303(b) of the Consumer Credit Protection Act,
388	15 U.S.C. s. 1673(b), as amended. The union or employer shall
389	withhold the maximum allowed by the Consumer Credit Protection
390	Act in the following order:
391	(I)  Current support, as ordered.
392	(II)  Premium payments for health care coverage, as
393	ordered.
394	(III)  Past due support, as ordered.
395	(IV)  Other medical support or coverage, as ordered.
396	b.  If the combined amount to be withheld for current
397	support plus the premium payment for health care coverage exceed
398	the amount allowed under the Consumer Credit Protection Act, and
399	the health care coverage cannot be obtained unless the full
400	amount of the premium is paid, the union or employer may not
401	withhold the premium payment. However, the union or employer
402	shall withhold the maximum allowed in the following order:
403	(I)  Current support, as ordered.
404	(II)  Past due support, as ordered.
405	(III)  Other medical support or coverage, as ordered.
406	6.  An employer, union, or plan administrator who does not
407	comply with the requirements in sub-subparagraph 4.a. is subject
408	to a civil penalty not to exceed $250 for the first violation
409	and $500 for subsequent violations, plus attorney's fees and
410	costs. The department may file a petition in circuit court to
411	enforce the requirements of this subsection.
412	7.  The department may adopt rules to administer the child
413	support enforcement provisions of this section that affect Title
414	IV-D cases.
415	(c)  To the extent necessary to protect an award of child
416	support, the court may order the obligor to purchase or maintain
417	a life insurance policy or a bond, or to otherwise secure the
418	child support award with any other assets which may be suitable
419	for that purpose.
420	(d)1.  Unless the provisions of subparagraph 3. apply, all
421	child support orders entered on or after January 1, 1985, shall
422	direct that the payments of child support be made as provided in
423	s. 61.181 through the depository in the county where the court
424	is located. All child support orders shall provide the full name
425	and date of birth of each minor child who is the subject of the
426	child support order.
427	2.  Unless the provisions of subparagraph 3. apply, all
428	child support orders entered before January 1, 1985, shall be
429	modified by the court to direct that payments of child support
430	shall be made through the depository in the county where the
431	court is located upon the subsequent appearance of either or
432	both parents to modify or enforce the order, or in any related
433	proceeding.
434	3.  If both parties request and the court finds that it is
435	in the best interest of the child, support payments need not be
436	directed through the depository.  The order of support shall
437	provide, or shall be deemed to provide, that either party may
438	subsequently apply to the depository to require direction of the
439	payments through the depository. The court shall provide a copy
440	of the order to the depository.
441	4.  If the parties elect not to require that support
442	payments be made through the depository, any party may
443	subsequently file an affidavit with the depository alleging a
444	default in payment of child support and stating that the party
445	wishes to require that payments be made through the depository.
446	The party shall provide copies of the affidavit to the court and
447	to each other party. Fifteen days after receipt of the
448	affidavit, the depository shall notify both parties that future
449	payments shall be paid through the depository.
450	5.  In IV-D cases, the IV-D agency shall have the same
451	rights as the obligee in requesting that payments be made
452	through the depository.
453	(2)(a)  The court shall have jurisdiction to approve,
454	create, or modify a parenting plan or a time-sharing schedule
455	determine custody, notwithstanding that the child is not
456	physically present in this state at the time of filing any
457	proceeding under this chapter, if it appears to the court that
458	the child was removed from this state for the primary purpose of
459	removing the child from the jurisdiction of the court in an
460	attempt to avoid the court's approval, creation, or modification
461	of a parenting plan or a time-sharing schedule a determination
462	or modification of custody.
463	(b)  Any parenting plan approved by the court must, at a
464	minimum, adequately describe in detail how the parents will
465	share and be responsible for the daily tasks associated with the
466	upbringing of a child, the time-sharing schedule arrangements
467	that specify the time that the minor child will spend with each
468	of his or her parents, a designation of who will be responsible
469	for any and all forms of health care, other activities, and
470	school-related matters and the methods and technologies that the
471	parents will use to communicate with each other and with the
472	child.
473	(c)(b)1.  The court shall determine all matters relating to
474	parenting and time-sharing custody of each minor child of the
475	parties in accordance with the best interests of the child and
476	in accordance with the Uniform Child Custody Jurisdiction and
477	Enforcement Act. It is the public policy of this state to assure
478	that each minor child has frequent and continuing contact with
479	both parents after the parents separate or the marriage of the
480	parties is dissolved and to encourage parents to share the
481	rights and responsibilities, and joys, of childrearing. There is
482	no presumption for or against After considering all relevant
483	facts, the father or mother of the child when creating or
484	modifying the parenting plan or the time-sharing schedule for
485	shall be given the same consideration as the mother in
486	determining the primary residence of a child irrespective of the
487	age or sex of the child.
488	2.  The court shall order that the parental responsibility
489	for a minor child be shared by both parents unless the court
490	finds that shared parental responsibility would be detrimental
491	to the child. Evidence that a parent has been convicted of a
492	felony of the third degree or higher involving domestic
493	violence, as defined in s. 741.28 and chapter 775, or meets the
494	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
495	detriment to the child. If the presumption is not rebutted,
496	shared parental responsibility, including time-sharing with
497	visitation, residence of the child, and decisions made regarding
498	the child, may not be granted to the convicted parent. However,
499	the convicted parent is not relieved of any obligation to
500	provide financial support. If the court determines that shared
501	parental responsibility would be detrimental to the child, it
502	may order sole parental responsibility and make such
503	arrangements for time-sharing as specified in the parenting plan
504	visitation as will best protect the child or abused spouse from
505	further harm. Whether or not there is a conviction of any
506	offense of domestic violence or child abuse or the existence of
507	an injunction for protection against domestic violence, the
508	court shall consider evidence of domestic violence or child
509	abuse as evidence of detriment to the child.
510	a.  In ordering shared parental responsibility, the court
511	may consider the expressed desires of the parents and may grant
512	to one party the ultimate responsibility over specific aspects
513	of the child's welfare or may divide those responsibilities
514	between the parties based on the best interests of the child.
515	Areas of responsibility may include primary residence,
516	education, health medical and dental care, and any other
517	responsibilities that the court finds unique to a particular
518	family.
519	b.  The court shall order "sole parental responsibility for
520	a minor child to one parent, with or without time-sharing with
521	visitation rights, to the other parent," when it is in the best
522	interests of" the minor child.
523	3.  Access to records and information pertaining to a minor
524	child, including, but not limited to, medical, dental, and
525	school records, may not be denied to either a parent because the
526	parent is not the child's primary residential parent. Full
527	rights under this subparagraph apply to either parent unless a
528	court order specifically revokes these rights, including any
529	restrictions on these rights as provided in a domestic violence
530	injunction. A parent having rights under this subparagraph has
531	the same rights upon request as to form, substance, and manner
532	of access as are available to the other parent of a child,
533	including, without limitation, the right to in-person
534	communication with medical, dental, and education providers.
535	(d)(c)  The circuit court in the county in which either
536	parent and the child reside or the circuit court in which the
537	original order approving or creating the parenting plan and
538	time-sharing schedule award of custody was entered has have
539	jurisdiction to modify the parenting plan or time-sharing
540	schedule an award of child custody. The court may change the
541	venue in accordance with s. 47.122.
542	(3)  For purposes of establishing or modifying parental
543	responsibility and creating, developing, approving, or modifying
544	a parenting plan, including a time-sharing schedule, which
545	governs each parent's relationship with his or her minor child
546	and the relationship between each parent with regard to his or
547	her minor child, the best interests of the child shall be the
548	primary consideration. There shall be no presumptions for or
549	against either parent when establishing or modifying the time-
550	sharing schedule or creating, developing, approving, or
551	modifying the parenting plan, as well as determining
552	decisionmaking, regardless of the age or sex of the child,
553	giving due consideration to the developmental needs of the
554	child. The time-sharing schedule, including the parenting plan,
555	must be in the best interests of the minor child, and evidence
556	that a parent has been convicted of a felony of the third degree
557	or higher involving domestic violence, as defined in s. 741.28
558	or chapter 775, or meeting the criteria of s. 39.806(1)(d),
559	creates a rebuttable presumption of detriment to the child. If
560	the presumption is not rebutted, the time-sharing with the child
561	and decisions made regarding the child may not be granted to the
562	convicted parent. Otherwise, determination of the best interests
563	of the child shall be made by evaluating all of the factors
564	affecting the welfare and interests of the child, including, but
565	not limited to:
566	(a)  The demonstrated capacity and disposition of each
567	parent to facilitate and encourage a close and continuing
568	parent-child relationship between the child and the other
569	parent, to honor the time-sharing schedule, and to be reasonable
570	when changes are required.
571	(b)  The anticipated division of parental responsibilities
572	after the litigation, including the extent to which parental
573	responsibilities will be delegated to third parties.
574	(c)  The demonstrated capacity and disposition of each
575	parent to determine, consider, and act upon the needs of the
576	child as opposed to the needs or desires of the parent. shared
577	parental responsibility and primary residence, the best
578	interests of the child shall include an evaluation of all
579	factors affecting the welfare and interests of the child,
580	including, but not limited to:
581	(a)  The parent who is more likely to allow the child
582	frequent and continuing contact with the nonresidential parent.
583	(b)  The love, affection, and other emotional ties existing
584	between the parents and the child.
585	(c)  The capacity and disposition of the parents to provide
586	the child with food, clothing, medical care or other remedial
587	care recognized and permitted under the laws of this state in
588	lieu of medical care, and other material needs.
589	(d)  The length of time the child has lived in a stable,
590	satisfactory environment and the desirability of maintaining
591	continuity.
592	(e)  The geographic viability of the parenting plan, with
593	special attention paid to the needs of school-age children and
594	the amount of time to be spent traveling to effectuate the
595	parenting plan. This factor does not create a presumption for or
596	against relocation of either parent with a child. The
597	permanence, as a family unit, of the existing or proposed
598	custodial home.
599	(f)  The moral fitness of the parents.
600	(g)  The mental and physical health of the parents.
601	(h)  The demonstrated capacity and disposition of each
602	parent to be informed of the circumstances surrounding the minor
603	child, such as the child's friends, teachers, medical care
604	providers, favorite activities, favorite foods, and clothing
605	sizes.
606	(i)  The demonstrated capacity and disposition of each
607	parent to provide a consistent routine for the child, such as
608	forms of discipline and setting times for homework, meals, and
609	bedtime.
610	(j)  The demonstrated capacity and disposition of each
611	parent to communicate with the other parent and to keep the
612	other parent informed of issues and activities regarding the
613	minor child, and the willingness of each parent to adopt a
614	unified front on all major issues when dealing with the child.
615	(k)  Evidence of domestic violence, sexual violence, child
616	abuse, child abandonment, or child neglect, regardless of
617	whether a prior or pending action regarding those issues has
618	been brought.
619	(l)  Evidence that either parent has knowingly provided
620	false information to the court regarding any prior or pending
621	action regarding domestic violence, sexual violence, child
622	abuse, child abandonment, or child neglect.
623	(m)  The particular parenting tasks customarily performed
624	by each parent and the division of parental responsibilities
625	before the institution of litigation and during the pending
626	litigation, including the extent to which parental
627	responsibilities were undertaken by third parties.
628	(n)  The demonstrated capacity and disposition of each
629	parent to participate and be involved in the child's school and
630	extracurricular activities.
631	(o)  The demonstrated capacity and disposition of each
632	parent to maintain an environment for the child which is free
633	from substance abuse.
634	(p)  The capacity and disposition of each parent to protect
635	the child from the ongoing litigation as demonstrated by not
636	discussing the case with the child, not sharing documents or
637	electronic media related to the case with the child, and not
638	making disparaging comments about the other parent to the child.
639	(q)  The developmental stages and needs of the child and
640	the demonstrated capacity and disposition of each parent to meet
641	the child's developmental needs.
642	(r)  Any other factor that is relevant to the determination
643	of a specific parenting plan, including the time-sharing
644	schedule.
645	(h)  The home, school, and community record of the child.
646	(i)  The reasonable preference of the child, if the court
647	deems the child to be of sufficient intelligence, understanding,
648	and experience to express a preference.
649	(j)  The willingness and ability of each parent to
650	facilitate and encourage a close and continuing parent-child
651	relationship between the child and the other parent.
652	(k)  Evidence that any party has knowingly provided false
653	information to the court regarding a domestic violence
654	proceeding pursuant to s. 741.30.
655	(l)  Evidence of domestic violence or child abuse.
656	(m)  Any other fact considered by the court to be relevant.
657	(4)(a)  When a noncustodial parent who is ordered to pay
658	child support or alimony and who is awarded visitation rights
659	fails to pay child support or alimony, the custodial parent who
660	should have received the child support or alimony may shall not
661	refuse to honor the time-sharing schedule presently in effect
662	between the parents noncustodial parent's visitation rights.
663	(b)  When a custodial parent refuses to honor the other a
664	noncustodial parent's visitation rights under the time-sharing
665	schedule, the noncustodial parent whose time-sharing rights were
666	violated shall continue not fail to pay any ordered child
667	support or alimony.
668	(c)  When a custodial parent refuses to honor the time-
669	sharing schedule in the parenting plan a noncustodial parent's
670	or grandparent's visitation rights without proper cause, the
671	court:
672	1.  Shall, after calculating the amount of time-sharing
673	visitation improperly denied, award the noncustodial parent
674	denied time-sharing or grandparent a sufficient amount of extra
675	time-sharing visitation to compensate for the time-sharing
676	missed, and such time-sharing the noncustodial parent or
677	grandparent, which visitation shall be ordered as expeditiously
678	as possible in a manner consistent with the best interests of
679	the child and scheduled in a manner that is convenient for the
680	parent person deprived of time-sharing visitation. In ordering
681	any makeup time-sharing visitation, the court shall schedule
682	such time-sharing visitation in a manner that is consistent with
683	the best interests of the child or children and that is
684	convenient for the nonoffending noncustodial parent and at the
685	expense of the noncompliant parent or grandparent. In addition,
686	the court:
687	2.1.  May order the custodial parent who did not provide
688	time-sharing or did not properly exercise time-sharing under the
689	time-sharing schedule to pay reasonable court costs and
690	attorney's fees incurred by the nonoffending noncustodial parent
691	or grandparent to enforce the time-sharing schedule their
692	visitation rights or make up improperly denied visitation;
693	3.2.  May order the custodial parent who did not provide
694	time-sharing or did not properly exercise time-sharing under the
695	time-sharing schedule to attend a the parenting course approved
696	by the judicial circuit;
697	4.3.  May order the custodial parent who did not provide
698	time-sharing or did not properly exercise time-sharing under the
699	time-sharing schedule to do community service if the order will
700	not interfere with the welfare of the child;
701	5.4.  May order the custodial parent who did not provide
702	time-sharing or did not properly exercise time-sharing under the
703	time-sharing schedule to have the financial burden of promoting
704	frequent and continuing contact when the custodial parent and
705	child reside further than 60 miles from the noncustodial parent;
706	6.5.  May award custody, rotating custody, or primary
707	residence to the noncustodial parent, upon the request of the
708	noncustodial parent who did not violate the time-sharing
709	schedule, modify the parenting plan, if modification the award
710	is in the best interests of the child; or
711	7.  May order the parent who did not provide time-sharing
712	or did not properly exercise time-sharing under the time-sharing
713	schedule to be responsible for incidental costs incurred by the
714	compliant parent as a result of the other parent's
715	noncompliance; or
716	8.6.  May impose any other reasonable sanction as a result
717	of noncompliance.
718	(d)  A person who violates this subsection may be punished
719	by contempt of court or other remedies as the court deems
720	appropriate.
721	(5)  The court may make specific orders regarding the
722	parenting plan and the time-sharing schedule for the care and
723	custody of the minor child as such orders relate to from the
724	circumstances of the parties and the nature of the case and are
725	is equitable and provide for child support in accordance with
726	the guidelines in s. 61.30.  An order for equal time-sharing for
727	award of shared parental responsibility of a minor child does
728	not preclude the court from entering an order for child support
729	of the child.
730	(6)  In any proceeding under this section, the court may
731	not deny shared parental responsibility and time-sharing,
732	custody, or visitation rights to a parent or grandparent solely
733	because that parent or grandparent is or is believed to be
734	infected with human immunodeficiency virus,; but the court may
735	condition such rights in an order approving the parenting plan
736	upon the parent's or grandparent's agreement to observe measures
737	approved by the Centers for Disease Control and Prevention of
738	the United States Public Health Service or by the Department of
739	Health for preventing the spread of human immunodeficiency virus
740	to the child.
741	(7)  If the court orders that parental responsibility,
742	including visitation, be shared by both parents, the court may
743	not deny the noncustodial parent overnight contact and access to
744	or visitation with the child solely because of the age or sex of
745	the child.
746	(7)(8)(a)  Beginning July 1, 1997, each party to any
747	paternity or support proceeding is required to file with the
748	tribunal as defined in s. 88.1011(22) and State Case Registry
749	upon entry of an order, and to update as appropriate,
750	information on location and identity of the party, including
751	social security number, residential and mailing addresses,
752	telephone number, driver's license number, and name, address,
753	and telephone number of employer. Beginning October 1, 1998,
754	each party to any paternity or child support proceeding in a
755	non-Title IV-D case shall meet the above requirements for
756	updating the tribunal and State Case Registry.
757	(b)  Pursuant to the federal Personal Responsibility and
758	Work Opportunity Reconciliation Act of 1996, each party is
759	required to provide his or her social security number in
760	accordance with this section.  Disclosure of social security
761	numbers obtained through this requirement shall be limited to
762	the purpose of administration of the Title IV-D program for
763	child support enforcement.
764	(c)  Beginning July 1, 1997, in any subsequent Title IV-D
765	child support enforcement action between the parties, upon
766	sufficient showing that diligent effort has been made to
767	ascertain the location of such a party, the court of competent
768	jurisdiction shall deem state due process requirements for
769	notice and service of process to be met with respect to the
770	party, upon delivery of written notice to the most recent
771	residential or employer address filed with the tribunal and
772	State Case Registry pursuant to paragraph (a). Beginning October
773	1, 1998, in any subsequent non-Title IV-D child support
774	enforcement action between the parties, the same requirements
775	for service shall apply.
776	(8)(9)  At the time an order for child support is entered,
777	each party is required to provide his or her social security
778	number and date of birth to the court, as well as the name, date
779	of birth, and social security number of each minor child that is
780	the subject of such child support order. Pursuant to the federal
781	Personal Responsibility and Work Opportunity Reconciliation Act
782	of 1996, each party is required to provide his or her social
783	security number in accordance with this section. All social
784	security numbers required by this section shall be provided by
785	the parties and maintained by the depository as a separate
786	attachment in the file. Disclosure of social security numbers
787	obtained through this requirement shall be limited to the
788	purpose of administration of the Title IV-D program for child
789	support enforcement.
790	Section 8.  Section 61.13001, Florida Statutes, is amended
791	to read:
792	61.13001  Parental relocation with a child.--
793	(1)  DEFINITIONS.--As used in this section:
794	(a)  "Change of residence address" means the relocation of
795	a child to a principal residence more than 50 miles away from
796	his or her principal place of residence at the time of the entry
797	of the last order establishing or modifying the parenting plan
798	or time-sharing arrangement for designation of the primary
799	residential parent or the custody of the minor child, unless the
800	move places the principal residence of the minor child less than
801	50 miles from either the nonresidential parent.
802	(b)  "Child" means any person who is under the jurisdiction
803	of a state court pursuant to the Uniform Child Custody
804	Jurisdiction and Enforcement Act or is the subject of any order
805	granting to a parent or other person any right to time-sharing,
806	residential care, or kinship custody, or visitation as provided
807	under state law.
808	(c)  "Court" means the circuit court in an original
809	proceeding which has proper venue and jurisdiction in accordance
810	with the Uniform Child Custody Jurisdiction and Enforcement Act,
811	the circuit court in the county in which either parent and the
812	child reside, or the circuit court in which the original action
813	was adjudicated.
814	(d)  "Other person" means an individual who is not the
815	parent and who, by court order, maintains the primary residence
816	of a child or has visitation rights with a child.
817	(e)  "Parent" means any person so named by court order or
818	express written agreement that is subject to court enforcement
819	or a person reflected as a parent on a birth certificate and in
820	whose home a child maintains a primary or secondary residence.
821	(f)  "Person entitled to be the primary residential parent
822	of a child" means a person so designated by court order or by an
823	express written agreement that is subject to court enforcement
824	or a person seeking such a designation, or, when neither parent
825	has been designated as primary residential parent, the person
826	seeking to relocate with a child.
827	(g)  "Principal residence of a child" means the home of the
828	designated primary residential parent. For purposes of this
829	section only, when rotating custody is in effect, each parent
830	shall be considered to be the primary residential parent.
831	(f)(h)  "Relocation" means a change in any the principal
832	residence of a child for a period of 60 consecutive days or more
833	but does not include a temporary absence from the principal
834	residence for purposes of vacation, education, or the provision
835	of health care for the child.
836	(2)  RELOCATION BY AGREEMENT.--
837	(a)  If the parents primary residential parent and the
838	other parent and every other person entitled to time-sharing
839	visitation with the child agree to the relocation of the child
840	child's principal residence, they may satisfy the requirements
841	of this section by signing a written agreement that:
842	1.  Reflects the consent to the relocation;
843	2.  Defines time-sharing the visitation rights for the
844	nonrelocating parent and any other persons who are entitled to
845	time-sharing visitation; and
846	3.  Describes, if necessary, any transportation
847	arrangements related to time-sharing the visitation.
848	(b)  If there is an existing cause of action, judgment, or
849	decree of record pertaining to the child's primary residence or
850	time-sharing visitation, the parties shall seek ratification of
851	the agreement by court order without the necessity of an
852	evidentiary hearing unless a hearing is requested, in writing,
853	by one or more of the parties to the agreement within 10 days
854	after the date the agreement is filed with the court. If a
855	hearing is not timely requested, it shall be presumed that the
856	relocation is in the best interest of the child and the court
857	may ratify the agreement without an evidentiary hearing.
858	(3)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an
859	agreement has been entered as described in subsection (2), a
860	parent who is entitled to time-sharing with primary residence of
861	the child shall notify the other parent, and every other person
862	entitled to time-sharing visitation with the child, of a
863	proposed relocation of the child's principal residence. The form
864	of notice shall be according to this section:
865	(a)  The parent seeking to relocate shall prepare a Notice
866	of Intent to Relocate. The following information must be
867	included with the Notice of Intent to Relocate and signed under
868	oath under penalty of perjury:
869	1.  A description of the location of the intended new
870	residence, including the state, city, and specific physical
871	address, if known.
872	2.  The mailing address of the intended new residence, if
873	not the same as the physical address, if known.
874	3.  The home telephone number of the intended new
875	residence, if known.
876	4.  The date of the intended move or proposed relocation.
877	5.  A detailed statement of the specific reasons for the
878	proposed relocation of the child. If one of the reasons is based
879	upon a job offer which has been reduced to writing, that written
880	job offer must be attached to the Notice of Intent to Relocate.
881	6.  A proposal for the revised postrelocation schedule of
882	time-sharing visitation together with a proposal for the
883	postrelocation transportation arrangements necessary to
884	effectuate time-sharing visitation with the child. Absent the
885	existence of a current, valid order abating, terminating, or
886	restricting time-sharing visitation or other good cause
887	predating the Notice of Intent to Relocate, failure to comply
888	with this provision renders the Notice of Intent to Relocate
889	legally insufficient.
890	7.  Substantially the following statement, in all capital
891	letters and in the same size type, or larger, as the type in the
892	remainder of the notice:
893
894	AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
895	FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
896	SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
897	OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
898	RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
899	THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
900	WITHOUT A HEARING.
901	8.  The mailing address of the parent or other person
902	seeking to relocate to which the objection filed under
903	subsection (5) to the Notice of Intent to Relocate should be
904	sent.
905
906	The contents of the Notice of Intent to Relocate are not
907	privileged. For purposes of encouraging amicable resolution of
908	the relocation issue, a copy of the Notice of Intent to Relocate
909	shall initially not be filed with the court but instead served
910	upon the nonrelocating parent, other person, and every other
911	person entitled to time-sharing visitation with the child, and
912	the original thereof shall be maintained by the parent or other
913	person seeking to relocate.
914	(b)  The parent seeking to relocate shall also prepare a
915	Certificate of Filing Notice of Intent to Relocate. The
916	certificate shall certify the date that the Notice of Intent to
917	Relocate was served on the other parent and on every other
918	person entitled to time-sharing visitation with the child.
919	(c)  The Notice of Intent to Relocate, and the Certificate
920	of Filing Notice of Intent to Relocate, shall be served on the
921	other parent and on every other person entitled to time-sharing
922	visitation with the child. If there is a pending court action
923	regarding the child, service of process may be according to
924	court rule. Otherwise, service of process shall be according to
925	chapters 48 and 49 or via certified mail, restricted delivery,
926	return receipt requested.
927	(d)  A person giving notice of a proposed relocation or
928	change of residence address under this section has a continuing
929	duty to provide current and updated information required by this
930	section when that information becomes known.
931	(e)  If the other parent and any other person entitled to
932	time-sharing visitation with the child fails to timely file an
933	objection, it shall be presumed that the relocation is in the
934	best interest of the child, the relocation shall be allowed, and
935	the court shall, absent good cause, enter an order, attaching a
936	copy of the Notice of Intent to Relocate, reflecting that the
937	order is entered as a result of the failure to object to the
938	Notice of Intent to Relocate, and adopting the time-sharing
939	visitation schedule and transportation arrangements contained in
940	the Notice of Intent to Relocate. The order may issue in an
941	expedited manner without the necessity of an evidentiary
942	hearing. If an objection is timely filed, the burden returns to
943	the parent or person seeking to relocate to initiate court
944	proceedings to obtain court permission to relocate before prior
945	to doing so.
946	(f)  The act of relocating the child after failure to
947	comply with the notice of intent to relocate procedure described
948	in this subsection subjects the party in violation thereof to
949	contempt and other proceedings to compel the return of the child
950	and may be taken into account by the court in any initial or
951	postjudgment action seeking a determination or modification of
952	the parenting plan or the time-sharing schedule, or both,
953	designation of the primary residential parent or of the
954	residence, custody, or visitation with the child as:
955	1.  A factor in making a determination regarding the
956	relocation of a child.
957	2.  A factor in determining whether the parenting plan or
958	the designation of the primary residential parent or the
959	residence, contact, access, visitation, or time-sharing schedule
960	arrangements should be modified.
961	3.  A basis for ordering the temporary or permanent return
962	of the child.
963	4.  Sufficient cause to order the parent or other person
964	seeking to relocate the child to pay reasonable expenses and
965	attorney's fees incurred by the party objecting to the
966	relocation.
967	5.  Sufficient cause for the award of reasonable attorney's
968	fees and costs, including interim travel expenses incident to
969	time-sharing visitation or securing the return of the child.
970	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
971	other person seeking to relocate a child, or the child, is
972	entitled to prevent disclosure of location information under any
973	public records exemption applicable to that person, the court
974	may enter any order necessary to modify the disclosure
975	requirements of this section in compliance with the public
976	records exemption.
977	(5)  CONTENT OF OBJECTION TO RELOCATION.--An objection
978	seeking to prevent the relocation of a child must shall be
979	verified and served within 30 days after service of the Notice
980	of Intent to Relocate. The objection must shall include the
981	specific factual basis supporting the reasons for seeking a
982	prohibition of the relocation, including a statement of the
983	amount of participation or involvement the objecting party
984	currently has or has had in the life of the child.
985	(6)  TEMPORARY ORDER.--
986	(a)  The court may grant a temporary order restraining the
987	relocation of a child or ordering the return of the child, if a
988	relocation has previously taken place, or other appropriate
989	remedial relief, if the court finds:
990	1.  The required notice of a proposed relocation of a child
991	was not provided in a timely manner;
992	2.  The child already has been relocated without notice or
993	written agreement of the parties or without court approval; or
994	3.  From an examination of the evidence presented at the
995	preliminary hearing that there is a likelihood that upon final
996	hearing the court will not approve the relocation of the primary
997	residence of the child.
998	(b)  The court may grant a temporary order permitting the
999	relocation of the child pending final hearing, if the court:
1000	1.  Finds that the required Notice of Intent to Relocate
1001	was provided in a timely manner; and
1002	2.  Finds from an examination of the evidence presented at
1003	the preliminary hearing that there is a likelihood that on final
1004	hearing the court will approve the relocation of the primary
1005	residence of the child, which findings must be supported by the
1006	same factual basis as would be necessary to support the
1007	permitting of relocation in a final judgment.
1008	(c)  If the court has issued a temporary order authorizing
1009	a party seeking to relocate or move a child before a final
1010	judgment is rendered, the court may not give any weight to the
1011	temporary relocation as a factor in reaching its final decision.
1012	(d)  If temporary relocation of a child is permitted, the
1013	court may require the person relocating the child to provide
1014	reasonable security, financial or otherwise, and guarantee that
1015	the court-ordered contact with the child will not be interrupted
1016	or interfered with by the relocating party.
1017	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
1018	RELOCATION.--A No presumption does not shall arise in favor of
1019	or against a request to relocate with the child when a primary
1020	residential parent seeks to move the child and the move will
1021	materially affect the current schedule of contact, access, and
1022	time-sharing with the nonrelocating parent or other person. In
1023	reaching its decision regarding a proposed temporary or
1024	permanent relocation, the court shall evaluate all of the
1025	following factors:
1026	(a)  The nature, quality, extent of involvement, and
1027	duration of the child's relationship with the parent proposing
1028	to relocate with the child and with the nonrelocating parent,
1029	other persons, siblings, half-siblings, and other significant
1030	persons in the child's life.
1031	(b)  The age and developmental stage of the child, the
1032	needs of the child, and the likely impact the relocation will
1033	have on the child's physical, educational, and emotional
1034	development, taking into consideration any special needs of the
1035	child.
1036	(c)  The feasibility of preserving the relationship between
1037	the nonrelocating parent or other person and the child through
1038	substitute arrangements that take into consideration the
1039	logistics of contact, access, visitation, and time-sharing, as
1040	well as the financial circumstances of the parties; whether
1041	those factors are sufficient to foster a continuing meaningful
1042	relationship between the child and the nonrelocating parent or
1043	other person; and the likelihood of compliance with the
1044	substitute arrangements by the relocating parent once he or she
1045	is out of the jurisdiction of the court.
1046	(d)  The child's preference, taking into consideration the
1047	age and maturity of the child.
1048	(e)  Whether the relocation will enhance the general
1049	quality of life for both the parent seeking the relocation and
1050	the child, including, but not limited to, financial or emotional
1051	benefits or educational opportunities.
1052	(f)  The reasons of each parent or other person for seeking
1053	or opposing the relocation.
1054	(g)  The current employment and economic circumstances of
1055	each parent or other person and whether or not the proposed
1056	relocation is necessary to improve the economic circumstances of
1057	the parent or other person seeking relocation of the child.
1058	(h)  That the relocation is sought in good faith and the
1059	extent to which the objecting parent has fulfilled his or her
1060	financial obligations to the parent or other person seeking
1061	relocation, including child support, spousal support, and
1062	marital property and marital debt obligations.
1063	(i)  The career and other opportunities available to the
1064	objecting parent or objecting other person if the relocation
1065	occurs.
1066	(j)  A history of substance abuse or domestic violence as
1067	defined in s. 741.28 or which meets the criteria of s.
1068	39.806(1)(d) by either parent, including a consideration of the
1069	severity of such conduct and the failure or success of any
1070	attempts at rehabilitation.
1071	(k)  Any other factor affecting the best interest of the
1072	child or as set forth in s. 61.13.
1073	(8)  BURDEN OF PROOF.--The parent or other person wishing
1074	to relocate has the burden of proof if an objection is filed and
1075	must then initiate a proceeding seeking court permission for
1076	relocation. The initial burden is on the parent or person
1077	wishing to relocate to prove by a preponderance of the evidence
1078	that relocation is in the best interest of the child. If that
1079	burden of proof is met, the burden shifts to the nonrelocating
1080	parent or other person to show by a preponderance of the
1081	evidence that the proposed relocation is not in the best
1082	interest of the child.
1083	(9)  ORDER REGARDING RELOCATION.--If relocation is
1084	permitted:
1085	(a)  The court may, in its discretion, order contact with
1086	the nonrelocating parent, including access, visitation, time-
1087	sharing, telephone, Internet, web-cam, and other arrangements
1088	sufficient to ensure that the child has frequent, continuing,
1089	and meaningful contact, access, visitation, and time-sharing
1090	with the nonrelocating parent or other persons, if contact is
1091	financially affordable and in the best interest of the child.
1092	(b)  If applicable, the court shall specify how the
1093	transportation costs will be allocated between the parents and
1094	other persons entitled to contact, access, visitation, and time-
1095	sharing and may adjust the child support award, as appropriate,
1096	considering the costs of transportation and the respective net
1097	incomes of the parents in accordance with state child support
1098	guidelines.
1099	(10)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary
1100	hearing or nonjury trial on a pleading seeking temporary or
1101	permanent relief filed under pursuant to this section shall be
1102	accorded priority on the court's calendar.
1103	(11)  APPLICABILITY.--
1104	(a)  The provisions of This section applies apply:
1105	1.  To orders entered before October 1, 2006, if the
1106	existing order defining custody, primary residence, or time-
1107	sharing visitation of or with the child does not expressly
1108	govern the relocation of the child.
1109	2.  To an order, whether temporary or permanent, regarding
1110	the parenting plan, custody, primary residence, time-sharing, or
1111	visitation of or with the child entered on or after October 1,
1112	2006.
1113	3.  To any relocation or proposed relocation, whether
1114	permanent or temporary, of a child during any proceeding pending
1115	on October 1, 2006, wherein the parenting plan, custody, primary
1116	residence, time-sharing, or visitation of or with the child is
1117	an issue.
1118	(b)  To the extent that a provision of this section
1119	conflicts with an order existing on October 1, 2006, this
1120	section does not apply to the terms of that order which
1121	expressly govern relocation of the child or a change in the
1122	principal residence address of a parent.
1123	Section 9.  Paragraph (d) of subsection (3) of section
1124	61.181, Florida Statutes, is amended to read:
1125	61.181  Depository for alimony transactions, support,
1126	maintenance, and support payments; fees.--
1127	(3)
1128	(d)  When time-sharing custody of a child is relinquished
1129	by a custodial parent who is entitled to receive child support
1130	moneys from the depository to a licensed or registered long-term
1131	care child agency, that agency may request from the court an
1132	order directing that child support payments that which would
1133	otherwise be distributed to the custodial parent be distributed
1134	to the agency for the period of time that custody of the child
1135	is with by the agency. Thereafter, payments shall be distributed
1136	to the agency as if the agency were the custodial parent until
1137	further order of the court.
1138	Section 10.  Subsection (1) of section 61.1827, Florida
1139	Statutes, is amended to read:
1140	61.1827  Identifying information concerning applicants for
1141	and recipients of child support services.--
1142	(1)  Any information that reveals the identity of
1143	applicants for or recipients of child support services,
1144	including the name, address, and telephone number of such
1145	persons, held by a non-Title IV-D county child support
1146	enforcement agency is confidential and exempt from s. 119.07(1)
1147	and s. 24(a) of Art. I of the State Constitution. The use or
1148	disclosure of such information by the non-Title IV-D county
1149	child support enforcement agency is limited to the purposes
1150	directly connected with:
1151	(a)  Any investigation, prosecution, or criminal or civil
1152	proceeding connected with the administration of any non-Title
1153	IV-D county child support enforcement program;
1154	(b)  Mandatory disclosure of identifying and location
1155	information as provided in s. 61.13(7) s. 61.13(8) by the non-
1156	Title IV-D county child support enforcement agency when
1157	providing non-Title IV-D services;
1158	(c)  Mandatory disclosure of information as required by ss.
1159	409.2577, 61.181, 61.1825, and 61.1826 and Title IV-D of the
1160	Social Security Act; or
1161	(d)  Disclosure to an authorized person, as defined in 45
1162	C.F.R. s. 303.15, for purposes of enforcing any state or federal
1163	law with respect to the unlawful taking or restraint of a child
1164	or making or enforcing a parenting plan or a time-sharing
1165	schedule child custody or visitation determination. As used in
1166	this paragraph, the term "authorized person" includes a
1167	noncustodial parent, unless a court has entered an order under
1168	s. 741.30, s. 741.31, or s. 784.046.
1169	Section 11.  Section 61.20, Florida Statutes, is amended to
1170	read:
1171	61.20  Social investigation and recommendations when a
1172	parenting plan child custody is at in issue.--
1173	(1)  In any action where the parenting plan custody of a
1174	minor child is at in issue, the court may order a social
1175	investigation and study concerning all pertinent details
1176	relating to the child and each parent when such an investigation
1177	has not been done and the study therefrom provided to the court
1178	by the parties or when the court determines that the
1179	investigation and study that have been done are insufficient.
1180	The agency, staff, or person conducting the investigation and
1181	study ordered by the court pursuant to this section shall
1182	furnish the court and all parties of record in the proceeding a
1183	written study containing recommendations, including a written
1184	statement of facts found in the social investigation on which
1185	the recommendations are based. The court may consider the
1186	information contained in the study in making a decision on the
1187	parenting plan, child's custody and the technical rules of
1188	evidence do not exclude the study from consideration.
1189	(2)  A social investigation and study, when ordered by the
1190	court, shall be conducted by qualified staff of the court; a
1191	child-placing agency licensed pursuant to s. 409.175; a
1192	psychologist licensed pursuant to chapter 490; or a clinical
1193	social worker, marriage and family therapist, or mental health
1194	counselor licensed pursuant to chapter 491.  If a certification
1195	of indigence based on an affidavit filed with the court pursuant
1196	to s. 57.081 is provided by an adult party to the proceeding and
1197	the court does not have qualified staff to perform the
1198	investigation and study, the court may request that the
1199	Department of Children and Family Services conduct the
1200	investigation and study.
1201	(3)  Except as to persons who obtain certification of
1202	indigence as specified in subsection (2), for whom no costs
1203	shall be incurred, the adult parties involved in a child custody
1204	proceeding to determine a parenting plan wherein the court has
1205	ordered the performance of a social investigation and study
1206	performed shall be responsible for the payment of the costs of
1207	such investigation and study. Upon submission of the study to
1208	the court, the agency, staff, or person performing the study
1209	shall include a bill for services, which shall be taxed and
1210	ordered paid as costs in the proceeding.
1211	Section 12.  Paragraph (c) of subsection (1) and subsection
1212	(6) of section 61.21, Florida Statutes, are amended to read:
1213	61.21  Parenting course authorized; fees; required
1214	attendance authorized; contempt.--
1215	(1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of
1216	the Legislature that:
1217	(c)  It has been found to be beneficial to parents who are
1218	separating or divorcing to have available an educational program
1219	that will provide general information regarding:
1220	1.  The issues and legal procedures for resolving time-
1221	sharing custody and child support disputes.
1222	2.  The emotional experiences and problems of divorcing
1223	adults.
1224	3.  The family problems and the emotional concerns and
1225	needs of the children.
1226	4.  The availability of community services and resources.
1227	(6)  All parties to a modification of a final judgment
1228	involving a parenting plan or a time-sharing schedule shared
1229	parental responsibilities, custody, or visitation may be
1230	required to complete a court-approved parenting course prior to
1231	the entry of an order modifying the final judgment.
1232	Section 13.  Paragraph (a) of subsection (1), paragraph (b)
1233	of subsection (2), and subsections (7), (8), (11), and (17) of
1234	section 61.30, Florida Statutes, are amended to read:
1235	61.30  Child support guidelines; retroactive child
1236	support.--
1237	(1)(a)  The child support guideline amount as determined by
1238	this section presumptively establishes the amount the trier of
1239	fact shall order as child support in an initial proceeding for
1240	such support or in a proceeding for modification of an existing
1241	order for such support, whether the proceeding arises under this
1242	or another chapter.  The trier of fact may order payment of
1243	child support which varies, plus or minus 5 percent, from the
1244	guideline amount, after considering all relevant factors,
1245	including the needs of the child or children, age, station in
1246	life, standard of living, and the financial status and ability
1247	of each parent.  The trier of fact may order payment of child
1248	support in an amount which varies more than 5 percent from such
1249	guideline amount only upon a written finding explaining why
1250	ordering payment of such guideline amount would be unjust or
1251	inappropriate. Notwithstanding the variance limitations of this
1252	section, the trier of fact shall order payment of child support
1253	which varies from the guideline amount as provided in paragraph
1254	(11)(b) whenever any of the children are required by court order
1255	or mediation agreement to spend a substantial amount of time
1256	with both the primary and secondary residential parents. This
1257	requirement applies to any living arrangement, whether temporary
1258	or permanent.
1259	(2)  Income shall be determined on a monthly basis for the
1260	obligor and for the obligee as follows:
1261	(b)  Income on a monthly basis shall be imputed to an
1262	unemployed or underemployed parent when such employment or
1263	underemployment is found to be voluntary on that parent's part,
1264	absent physical or mental incapacity or other circumstances over
1265	which the parent has no control.  In the event of such voluntary
1266	unemployment or underemployment, the employment potential and
1267	probable earnings level of the parent shall be determined based
1268	upon his or her recent work history, occupational
1269	qualifications, and prevailing earnings level in the community;
1270	however, the court may refuse to impute income to a primary
1271	residential parent if the court finds it necessary for the
1272	parent to stay home with the child.
1273	(7)  Child care costs incurred on behalf of the children
1274	due to employment, job search, or education calculated to result
1275	in employment or to enhance income of current employment of
1276	either parent shall be reduced by 25 percent and then shall be
1277	added to the basic obligation. After the adjusted child care
1278	costs are added to the basic obligation, any moneys prepaid by
1279	one the noncustodial parent for child care costs for the child
1280	or children of this action shall be deducted from that
1281	noncustodial parent's child support obligation for that child or
1282	those children. Child care costs may shall not exceed the level
1283	required to provide quality care from a licensed source for the
1284	children.
1285	(8)  Health insurance costs resulting from coverage ordered
1286	pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
1287	and prescription medication expenses of the child, shall be
1288	added to the basic obligation unless these expenses have been
1289	ordered to be separately paid on a percentage basis. After the
1290	health insurance costs are added to the basic obligation, any
1291	moneys prepaid by the noncustodial parent for health-related
1292	costs for the child or children of this action shall be deducted
1293	from that noncustodial parent's child support obligation for
1294	that child or those children.
1295	(11)(a)  The court may adjust the minimum child support
1296	award, or either or both parents' share of the minimum child
1297	support award, based upon the following considerations:
1298	1.  Extraordinary medical, psychological, educational, or
1299	dental expenses.
1300	2.  Independent income of the child, not to include moneys
1301	received by a child from supplemental security income.
1302	3.  The payment of support for a parent which regularly has
1303	been paid and for which there is a demonstrated need.
1304	4.  Seasonal variations in one or both parents' incomes or
1305	expenses.
1306	5.  The age of the child, taking into account the greater
1307	needs of older children.
1308	6.  Special needs, such as costs that may be associated
1309	with the disability of a child, that have traditionally been met
1310	within the family budget even though the fulfilling of those
1311	needs will cause the support to exceed the proposed guidelines.
1312	7.  Total available assets of the obligee, obligor, and the
1313	child.
1314	8.  The impact of the Internal Revenue Service dependency
1315	exemption and waiver of that exemption. The court may order one
1316	the primary residential parent to execute a waiver of the
1317	Internal Revenue Service dependency exemption if the paying
1318	noncustodial parent is current in support payments.
1319	9.  When application of the child support guidelines
1320	requires a person to pay another person more than 55 percent of
1321	his or her gross income for a child support obligation for
1322	current support resulting from a single support order.
1323	10.  The particular parenting plan and time-sharing shared
1324	parental arrangement, such as where the child spends a
1325	significant amount of time, but less than 40 percent of the
1326	overnights, with one the noncustodial parent, thereby reducing
1327	the financial expenditures incurred by the other primary
1328	residential parent; or the refusal of a the noncustodial parent
1329	to become involved in the activities of the child.
1330	11.  Any other adjustment which is needed to achieve an
1331	equitable result which may include, but not be limited to, a
1332	reasonable and necessary existing expense or debt.  Such expense
1333	or debt may include, but is not limited to, a reasonable and
1334	necessary expense or debt which the parties jointly incurred
1335	during the marriage.
1336	(b)  Whenever a particular time-sharing shared parental
1337	arrangement provides that each child spend a substantial amount
1338	of time with each parent, the court shall adjust any award of
1339	child support, as follows:
1340	1.  In accordance with subsections (9) and (10), calculate
1341	the amount of support obligation apportioned to each the
1342	noncustodial parent without including day care and health
1343	insurance costs in the calculation and multiply the amount by
1344	1.5.
1345	2.  In accordance with subsections (9) and (10), calculate
1346	the amount of support obligation apportioned to the custodial
1347	parent without including day care and health insurance costs in
1348	the calculation and multiply the amount by 1.5.
1349	2.3.  Calculate the percentage of overnight stays the child
1350	spends with each parent.
1351	3.4.  Multiply each the noncustodial parent's support
1352	obligation as calculated in subparagraph 1. by the percentage of
1353	the custodial parent's overnight stays with the child as
1354	calculated in subparagraph 2. 3.
1355	5.  Multiply the custodial parent's support obligation as
1356	calculated in subparagraph 2. by the percentage of the
1357	noncustodial parent's overnight stays with the child as
1358	calculated in subparagraph 3.
1359	4.6.  The difference between the amounts calculated in
1360	subparagraphs 3. 4. and 4. 5. shall be the monetary transfer
1361	necessary between the custodial and noncustodial parents for the
1362	care of the child, subject to an adjustment for day care and
1363	health insurance expenses.
1364	5.7.  Pursuant to subsections (7) and (8), calculate the
1365	net amounts owed by the custodial and noncustodial parents for
1366	the expenses incurred for day care and health insurance coverage
1367	for the child. Day care shall be calculated without regard to
1368	the 25-percent reduction applied by subsection (7).
1369	6.8.  Adjust the support obligation owed by the custodial
1370	or noncustodial parent pursuant to subparagraph 4. 6. by
1371	crediting or debiting the amount calculated in subparagraph 5.
1372	7. This amount represents the child support which must be
1373	exchanged between the custodial and noncustodial parents.
1374	7.9.  The court may deviate from the child support amount
1375	calculated pursuant to subparagraph 6. 8. based upon the
1376	considerations set forth in paragraph (a), as well as either the
1377	custodial parent's low income and ability to maintain the basic
1378	necessities of the home for the child, the likelihood that
1379	either the noncustodial parent will actually exercise the time-
1380	sharing visitation granted by the court, and whether all of the
1381	children are exercising the same time-sharing shared parental
1382	arrangement.
1383	8.10.  For purposes of adjusting any award of child support
1384	under this paragraph, "substantial amount of time" means that
1385	the parents divide time with the child on at least a 60-percent
1386	to 40-percent division noncustodial parent exercises visitation
1387	at least 40 percent of the overnights of the year.
1388	(c)  A noncustodial parent's failure to regularly exercise
1389	court-ordered or agreed time-sharing visitation not caused by
1390	the other custodial parent which resulted in the adjustment of
1391	the amount of child support pursuant to subparagraph (a)10. or
1392	paragraph (b) shall be deemed a substantial change of
1393	circumstances for purposes of modifying the child support award.
1394	A modification pursuant to this paragraph is shall be
1395	retroactive to the date the noncustodial parent first failed to
1396	regularly exercise court-ordered or agreed time-sharing
1397	visitation.
1398	(17)  In an initial determination of child support, whether
1399	in a paternity action, dissolution of marriage action, or
1400	petition for support during the marriage, the court has
1401	discretion to award child support retroactive to the date when
1402	the parents did not reside together in the same household with
1403	the child, not to exceed a period of 24 months preceding the
1404	filing of the petition, regardless of whether that date precedes
1405	the filing of the petition. In determining the retroactive award
1406	in such cases, the court shall consider the following:
1407	(a)  The court shall apply the guidelines in effect at the
1408	time of the hearing subject to the obligor's demonstration of
1409	his or her actual income, as defined by subsection (2), during
1410	the retroactive period.  Failure of the obligor to so
1411	demonstrate shall result in the court using the obligor's income
1412	at the time of the hearing in computing child support for the
1413	retroactive period.
1414	(b)  The court shall consider the time-sharing arrangement
1415	exercised by the parents during the separation period in
1416	determining the appropriate percentage of overnights exercised
1417	by each parent so as to apply the substantial time-sharing
1418	method of calculating support according to paragraph (11)(b), if
1419	appropriate.
1420	(c)(b)  All actual payments made by one the noncustodial
1421	parent to the other custodial parent or the child or third
1422	parties for the benefit of the child throughout the proposed
1423	retroactive period.
1424	(d)(c)  The court should consider an installment payment
1425	plan for the payment of retroactive child support.
1426	Section 14.  Section 61.401, Florida Statutes, is amended
1427	to read:
1428	61.401  Appointment of guardian ad litem.--In an action
1429	involving a parenting plan or a time-sharing schedule for
1430	dissolution of marriage, modification, parental responsibility,
1431	custody, or visitation, if the court finds it is in the best
1432	interest of the child, the court may appoint a guardian ad litem
1433	to act as next friend of the child, investigator, or evaluator,
1434	not as attorney or advocate. The court in its discretion may
1435	also appoint legal counsel for a child to act as attorney or
1436	advocate; however, the guardian and the legal counsel shall not
1437	be the same person. In such actions which involve an allegation
1438	of child abuse, abandonment, or neglect as defined in s. 39.01,
1439	which allegation is verified and determined by the court to be
1440	well-founded, the court shall appoint a guardian ad litem for
1441	the child. The guardian ad litem shall be a party to any
1442	judicial proceeding from the date of the appointment until the
1443	date of discharge.
1444	Section 15.  Section 61.45, Florida Statutes, is amended to
1445	read:
1446	61.45  Court-ordered parenting plan Court order of
1447	visitation or custody; risk of violation; bond.--
1448	(1)  In a proceeding in which the court enters a parenting
1449	plan, including a time-sharing schedule an order of child
1450	custody or visitation, including in a modification proceeding,
1451	upon the presentation of competent substantial evidence that
1452	there is a risk that one party may violate the court's parenting
1453	plan order of visitation or custody by removing a child from
1454	this state or country or by concealing the whereabouts of a
1455	child, or upon stipulation of the parties, the court may:
1456	(a)  Order that a parent may not remove the child from this
1457	state without the notarized written permission of both parents
1458	or further court order;
1459	(b)  Order that a parent may not remove the child from this
1460	country without the notarized written permission of both parents
1461	or further court order;
1462	(c)  Order that a parent may not take the child to a
1463	country that has not ratified or acceded to the Hague
1464	Convention on the Civil Aspects of International Child Abduction
1465	unless the other parent agrees in writing that the child may be
1466	taken to the country;
1467	(d)  Require a parent to surrender the passport of the
1468	child; or
1469	(e)  Require that party to post bond or other security.
1470	(2)  If the court enters a parenting plan an order of child
1471	custody or visitation, including in a modification proceeding,
1472	that includes a provision entered under paragraph (1)(b) or
1473	paragraph (1)(c), a certified copy of the order should be sent
1474	by the parent who requested the restriction to the Passport
1475	Services Office of the United States Department of State
1476	requesting that they not issue a passport to the child without
1477	their signature or further court order.
1478	(3)  In assessing the need for a bond or other security,
1479	the court may consider any reasonable factor bearing upon the
1480	risk that a party may violate a parenting plan visitation or
1481	custody order by removing a child from this state or country or
1482	by concealing the whereabouts of a child, including but not
1483	limited to whether:
1484	(a)  A court has previously found that a party previously
1485	removed a child from Florida or another state in violation of a
1486	parenting plan custody or visitation order, or whether a court
1487	had found that a party has threatened to take a child out of
1488	Florida or another state in violation of a parenting plan
1489	custody or visitation order;
1490	(b)  The party has strong family and community ties to
1491	Florida or to other states or countries, including whether the
1492	party or child is a citizen of another country;
1493	(c)  The party has strong financial reasons to remain in
1494	Florida or to relocate to another state or country;
1495	(d)  The party has engaged in activities that suggest plans
1496	to leave Florida, such as quitting employment; sale of a
1497	residence or termination of a lease on a residence, without
1498	efforts to acquire an alternative residence in the state;
1499	closing bank accounts or otherwise liquidating assets; or
1500	applying for a passport;
1501	(e)  Either party has had a history of domestic violence as
1502	either a victim or perpetrator, child abuse or child neglect
1503	evidenced by criminal history, including but not limited to,
1504	arrest, an injunction for protection against domestic violence
1505	issued after notice and hearing under s. 741.30, medical
1506	records, affidavits, or any other relevant information; or
1507	(f)  The party has a criminal record.
1508	(4)  The court must consider the party's financial
1509	resources prior to setting the bond amount under this section.
1510	Under no circumstances may the court set a bond that is
1511	unreasonable.
1512	(5)  Any deficiency of bond or security shall not absolve
1513	the violating party of responsibility to pay the full amount of
1514	damages determined by the court.
1515	(6)(a)  Upon a material violation of any time-sharing plan
1516	custody or visitation order by removing a child from this state
1517	or this country or by concealing the whereabouts of a child, the
1518	court may order the bond or other security forfeited in whole or
1519	in part.
1520	(b)  This section, including the requirement to post a bond
1521	or other security, does not apply to a parent who, in a
1522	proceeding to order or modify a parenting plan or time-sharing
1523	schedule, is determined by the court to be child custody or
1524	visitation, the court determines is a victim of an act of
1525	domestic violence or provides the court with has reasonable
1526	cause to believe that he or she is about to become the victim of
1527	an act of domestic violence, as defined in s. 741.28. An
1528	injunction for protection against domestic violence issued
1529	pursuant to s. 741.30 for a parent as the petitioner which is in
1530	effect at the time of the court proceeding shall be one means of
1531	demonstrating sufficient evidence that the parent is a victim of
1532	domestic violence or is about to become the victim of an act of
1533	domestic violence, as defined in s. 741.28, and shall exempt the
1534	parent from this section, including the requirement to post a
1535	bond or other security. A parent who is determined by the court
1536	to be exempt from the requirements of this section must meet the
1537	requirements of s. 787.03(6) if an offense of interference with
1538	the parenting plan or time-sharing schedule custody is
1539	committed.
1540	(7)(a)  Upon an order of forfeiture, the proceeds of any
1541	bond or other security posted pursuant to this subsection may
1542	only be used to:
1543	1.  Reimburse the nonviolating party for actual costs or
1544	damages incurred in upholding the court's parenting plan order
1545	of custody or visitation.
1546	2.  Locate and return the child to the residence as set
1547	forth in the parenting plan visitation or custody order.
1548	3.  Reimburse reasonable fees and costs as determined by
1549	the court.
1550	(b)  Any remaining proceeds shall be held as further
1551	security if deemed necessary by the court, and if further
1552	security is not found to be necessary; applied to any child
1553	support arrears owed by the parent against whom the bond was
1554	required, and if no arrears exists; all remaining proceeds will
1555	be allocated by the court in the best interest of the child.
1556	(8)  At any time after the forfeiture of the bond or other
1557	security, the party who posted the bond or other security, or
1558	the court on its own motion may request that the party provide
1559	documentation substantiating that the proceeds received as a
1560	result of the forfeiture have been used solely in accordance
1561	with this subsection.  Any party using such proceeds for
1562	purposes not in accordance with this section may be found in
1563	contempt of court.
1564	Section 16.  Paragraphs (b) and (c) of subsection (3) of
1565	section 741.0306, Florida Statutes, are amended to read:
1566	741.0306  Creation of a family law handbook.--
1567	(3)  The information contained in the handbook or other
1568	electronic media presentation may be reviewed and updated
1569	annually, and may include, but need not be limited to:
1570	(b)  Shared parental responsibility for children and; the
1571	determination of a parenting plan, including a time-sharing
1572	schedule primary residence or custody and secondary residence or
1573	routine visitation, holiday, summer, and vacation visitation
1574	arrangements, telephone access, and the process for notice for
1575	changes.
1576	(c)  Permanent relocation restrictions on parents with
1577	primary residential responsibility.
1578	Section 17.  Paragraphs (b) and (d) of subsection (3),
1579	paragraph (a) of subsection (5), and paragraph (a) of subsection
1580	(6) of section 741.30, Florida Statutes, are amended to read:
1581	741.30  Domestic violence; injunction; powers and duties of
1582	court and clerk; petition; notice and hearing; temporary
1583	injunction; issuance of injunction; statewide verification
1584	system; enforcement.--
1585	(3)
1586	(b)  The sworn petition shall be in substantially the
1587	following form:
1588	PETITION FOR
1589	INJUNCTION FOR PROTECTION
1590	AGAINST DOMESTIC VIOLENCE
1591
1592	Before me, the undersigned authority, personally appeared
1593	Petitioner   (Name)  , who has been sworn and says that the
1594	following statements are true:
1595	(a)  Petitioner resides at:   (address)
1596	(Petitioner may furnish address to the court in a separate
1597	confidential filing if, for safety reasons, the petitioner
1598	requires the location of the current residence to be
1599	confidential.)
1600	(b)  Respondent resides at:   (last known address)
1601	(c)  Respondent's last known place of employment:   (name
1602	of business and address)
1603	(d)  Physical description of respondent: _____
1604	Race_____
1605	Sex_____
1606	Date of birth_____
1607	Height_____
1608	Weight_____
1609	Eye color_____
1610	Hair color_____
1611	Distinguishing marks or scars_____
1612	(e)  Aliases of respondent: _____
1613	(f)  Respondent is the spouse or former spouse of the
1614	petitioner or is any other person related by blood or marriage
1615	to the petitioner or is any other person who is or was residing
1616	within a single dwelling unit with the petitioner, as if a
1617	family, or is a person with whom the petitioner has a child in
1618	common, regardless of whether the petitioner and respondent are
1619	or were married or residing together, as if a family.
1620	(g)  The following describes any other cause of action
1621	currently pending between the petitioner and respondent:
1622
1623	The petitioner should also describe any previous or pending
1624	attempts by the petitioner to obtain an injunction for
1625	protection against domestic violence in this or any other
1626	circuit, and the results of that attempt
1627
1628	Case numbers should be included if available.
1629	(h)  Petitioner is either a victim of domestic violence or
1630	has reasonable cause to believe he or she is in imminent danger
1631	of becoming a victim of domestic violence because respondent has
1632	_____(mark all sections that apply and describe in the spaces
1633	below the incidents of violence or threats of violence,
1634	specifying when and where they occurred, including, but not
1635	limited to, locations such as a home, school, place of
1636	employment, or visitation exchange)_____:
1637	_____committed or threatened to commit domestic violence
1638	defined in s. 741.28, Florida Statutes, as any assault,
1639	aggravated assault, battery, aggravated battery, sexual assault,
1640	sexual battery, stalking, aggravated stalking, kidnapping, false
1641	imprisonment, or any criminal offense resulting in physical
1642	injury or death of one family or household member by another.
1643	With the exception of persons who are parents of a child in
1644	common, the family or household members must be currently
1645	residing or have in the past resided together in the same single
1646	dwelling unit.
1647	_____previously threatened, harassed, stalked, or
1648	physically abused the petitioner.
1649	_____attempted to harm the petitioner or family members or
1650	individuals closely associated with the petitioner.
1651	_____threatened to conceal, kidnap, or harm the
1652	petitioner's child or children.
1653	_____intentionally injured or killed a family pet.
1654	_____used, or has threatened to use, against the petitioner
1655	any weapons such as guns or knives.
1656	_____physically restrained the petitioner from leaving the
1657	home or calling law enforcement.
1658	_____a criminal history involving violence or the threat of
1659	violence (if known).
1660	_____another order of protection issued against him or her
1661	previously or from another jurisdiction (if known).
1662	_____destroyed personal property, including, but not
1663	limited to, telephones or other communication equipment,
1664	clothing, or other items belonging to the petitioner.
1665	_____engaged in any other behavior or conduct that leads
1666	the petitioner to have reasonable cause to believe he or she is
1667	in imminent danger of becoming a victim of domestic violence.
1668	(i)  Petitioner alleges the following additional specific
1669	facts: (mark appropriate sections)
1670	_____A minor child or minor children reside with the
1671	petitioner is the custodian of a minor child or children whose
1672	names and ages are as follows:
1673
1674	_____Petitioner needs the exclusive use and possession of
1675	the dwelling that the parties share.
1676	_____Petitioner is unable to obtain safe alternative
1677	housing because:
1678	_____Petitioner genuinely fears that respondent imminently
1679	will abuse, remove, or hide the minor child or children from
1680	petitioner because:
1681
1682	(j)  Petitioner genuinely fears imminent domestic violence
1683	by respondent.
1684	(k)  Petitioner seeks an injunction: (mark appropriate
1685	section or sections)
1686	_____Immediately restraining the respondent from committing
1687	any acts of domestic violence.
1688	_____Restraining the respondent from committing any acts of
1689	domestic violence.
1690	_____Awarding to the petitioner the temporary exclusive use
1691	and possession of the dwelling that the parties share or
1692	excluding the respondent from the residence of the petitioner.
1693	_____Providing a temporary parenting plan, including a
1694	temporary time-sharing schedule, Awarding temporary custody of,
1695	or temporary visitation rights with regard to, the minor child
1696	or children of the parties which might involve, or prohibiting
1697	or limiting time-sharing or requiring that it be visitation to
1698	that which is supervised by a third party.
1699	_____Establishing temporary support for the minor child or
1700	children or the petitioner.
1701	_____Directing the respondent to participate in a
1702	batterers' intervention program or other treatment pursuant to
1703	s. 39.901, Florida Statutes.
1704	_____Providing any terms the court deems necessary for the
1705	protection of a victim of domestic violence, or any minor
1706	children of the victim, including any injunctions or directives
1707	to law enforcement agencies.
1708	(d)  If the sworn petition seeks to determine a parenting
1709	plan and time-sharing schedule issues of custody or visitation
1710	with regard to the minor child or children of the parties, the
1711	sworn petition shall be accompanied by or shall incorporate the
1712	allegations required by s. 61.522 of the Uniform Child Custody
1713	Jurisdiction and Enforcement Act.
1714	(5)(a)  When it appears to the court that an immediate and
1715	present danger of domestic violence exists, the court may grant
1716	a temporary injunction ex parte, pending a full hearing, and may
1717	grant such relief as the court deems proper, including an
1718	injunction:
1719	1.  Restraining the respondent from committing any acts of
1720	domestic violence.
1721	2.  Awarding to the petitioner the temporary exclusive use
1722	and possession of the dwelling that the parties share or
1723	excluding the respondent from the residence of the petitioner.
1724	3.  On the same basis as provided in s. 61.13, providing
1725	the petitioner with 100 percent of the time-sharing that shall
1726	remain granting to the petitioner temporary custody of a minor
1727	child. An order of temporary custody remains in effect until the
1728	order expires or an order is entered by a court of competent
1729	jurisdiction in a pending or subsequent civil action or
1730	proceeding affecting the placement of, access to, parental time
1731	with, adoption of, or parental rights and responsibilities for
1732	the minor child.
1733	(6)(a)  Upon notice and hearing, when it appears to the
1734	court that the petitioner is either the victim of domestic
1735	violence as defined by s. 741.28 or has reasonable cause to
1736	believe he or she is in imminent danger of becoming a victim of
1737	domestic violence, the court may grant such relief as the court
1738	deems proper, including an injunction:
1739	1.  Restraining the respondent from committing any acts of
1740	domestic violence.
1741	2.  Awarding to the petitioner the exclusive use and
1742	possession of the dwelling that the parties share or excluding
1743	the respondent from the residence of the petitioner.
1744	3.  On the same basis as provided in chapter 61, providing
1745	the petitioner with 100 percent of the time-sharing in a
1746	temporary parenting plan that shall remain awarding temporary
1747	custody of, or temporary visitation rights with regard to, a
1748	minor child or children of the parties. An order of temporary
1749	custody or visitation remains in effect until the order expires
1750	or an order is entered by a court of competent jurisdiction in a
1751	pending or subsequent civil action or proceeding affecting the
1752	placement of, access to, parental time with, adoption of, or
1753	parental rights and responsibilities for the minor child.
1754	4.  On the same basis as provided in chapter 61,
1755	establishing temporary support for a minor child or children or
1756	the petitioner. An order of temporary support remains in effect
1757	until the order expires or an order is entered by a court of
1758	competent jurisdiction in a pending or subsequent civil action
1759	or proceeding affecting child support.
1760	5.  Ordering the respondent to participate in treatment,
1761	intervention, or counseling services to be paid for by the
1762	respondent. When the court orders the respondent to participate
1763	in a batterers' intervention program, the court, or any entity
1764	designated by the court, must provide the respondent with a list
1765	of all certified batterers' intervention programs and all
1766	programs which have submitted an application to the Department
1767	of Children and Family Services to become certified under s.
1768	741.32, from which the respondent must choose a program in which
1769	to participate. If there are no certified batterers'
1770	intervention programs in the circuit, the court shall provide a
1771	list of acceptable programs from which the respondent must
1772	choose a program in which to participate.
1773	6.  Referring a petitioner to a certified domestic violence
1774	center. The court must provide the petitioner with a list of
1775	certified domestic violence centers in the circuit which the
1776	petitioner may contact.
1777	7.  Ordering such other relief as the court deems necessary
1778	for the protection of a victim of domestic violence, including
1779	injunctions or directives to law enforcement agencies, as
1780	provided in this section.
1781	Section 18.  Subsections (1) and (2) of section 742.031,
1782	Florida Statutes, are amended to read:
1783	742.031  Hearings; court orders for support, hospital
1784	expenses, and attorney's fee.--
1785	(1)  Hearings for the purpose of establishing or refuting
1786	the allegations of the complaint and answer shall be held in the
1787	chambers and may be restricted to persons, in addition to the
1788	parties involved and their counsel, as the judge in his or her
1789	discretion may direct.  The court shall determine the issues of
1790	paternity of the child and the ability of the parents to support
1791	the child.  Each party's social security number shall be
1792	recorded in the file containing the adjudication of paternity.
1793	If the court finds that the alleged father is the father of the
1794	child, it shall so order.  If appropriate, the court shall order
1795	the father to pay the complainant, her guardian, or any other
1796	person assuming responsibility for the child moneys sufficient
1797	to pay reasonable attorney's fees, hospital or medical expenses,
1798	cost of confinement, and any other expenses incident to the
1799	birth of the child and to pay all costs of the proceeding.
1800	Bills for pregnancy, childbirth, and scientific testing are
1801	admissible as evidence without requiring third-party foundation
1802	testimony, and shall constitute prima facie evidence of amounts
1803	incurred for such services or for testing on behalf of the
1804	child.  The court shall order either or both parents owing a
1805	duty of support to the child to pay support pursuant to s.
1806	61.30.  The court shall issue, upon motion by a party, a
1807	temporary order requiring the provision of child support
1808	pursuant to s. 61.30 pending an administrative or judicial
1809	determination of parentage, if there is clear and convincing
1810	evidence of paternity on the basis of genetic tests or other
1811	evidence. The court may also make a determination of an
1812	appropriate parenting plan, including a time-sharing schedule,
1813	as to the parental responsibility and residential care and
1814	custody of the minor children in accordance with chapter 61.
1815	(2)  If a judgment of paternity contains only a child
1816	support award with no parenting plan or time-sharing schedule,
1817	the obligee parent shall receive all of the time-sharing and
1818	sole parental responsibility no explicit award of custody, the
1819	establishment of a support obligation or of visitation rights in
1820	one parent shall be considered a judgment granting primary
1821	residential care and custody to the other parent without
1822	prejudice to the obligor parent. If a paternity judgment
1823	contains no such provisions, custody shall be presumed to be
1824	with the mother shall be presumed to have all of the time-
1825	sharing and sole parental responsibility.
1826	Section 19.  For the purpose of incorporating the
1827	amendments made by this act to section 741.30, Florida Statutes,
1828	in a reference thereto, paragraph (a) of subsection (3) of
1829	section 61.1825, Florida Statutes, is reenacted to read:
1830	61.1825  State Case Registry.--
1831	(3)(a)  For the purpose of this section, a family violence
1832	indicator must be placed on a record when:
1833	1.  A party executes a sworn statement requesting that a
1834	family violence indicator be placed on that party's record which
1835	states that the party has reason to believe that release of
1836	information to the Federal Case Registry may result in physical
1837	or emotional harm to the party or the child; or
1838	2.  A temporary or final injunction for protection against
1839	domestic violence has been granted pursuant to s. 741.30(6), an
1840	injunction for protection against domestic violence has been
1841	issued by a court of a foreign state pursuant to s. 741.315, or
1842	a temporary or final injunction for protection against repeat
1843	violence has been granted pursuant to s. 784.046; or
1844	3.  The department has received information on a Title IV-D
1845	case from the Domestic Violence and Repeat Violence Injunction
1846	Statewide Verification System, established pursuant to s.
1847	784.046(8)(b), that a court has granted a party a domestic
1848	violence or repeat violence injunction.
1849	Section 20.  Section 61.121, Florida Statutes, is repealed.
1850	Section 21.  This act shall take effect July 1, 2007.

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