HB 1075

1	A bill to be entitled
2	An act relating to child custody and support; providing a
3	directive to the Division of Statutory Revision to retitle
4	ch. 61, F.S.; amending s. 61.046, F.S.; defining the terms
5	"parenting plan," "parenting plan recommendation," and
6	"time-sharing schedule"; deleting definitions of the terms
7	"custodial parent" and "noncustodial parent"; amending ss.
8	61.052, 61.09, and 61.10, F.S.; conforming provisions to
9	changes in terminology; repealing s. 61.121, F.S.,
10	relating to rotating custody; amending s. 61.122, F.S.;
11	conforming provisions to changes in terminology; revising
12	provisions relating to a presumption of good faith for
13	psychologists making specified determinations; amending s.
14	61.13, F.S.; revising provisions relating to modification
15	of support; conforming provisions to changes in
16	terminology; revising provisions relating to development
17	of a parenting plan; amending s. 61.13001, F.S.;
18	conforming provisions to changes in terminology; deleting
19	obsolete definitions; amending s. 61.13002, F.S.;
20	providing for orders of temporary support for children
21	whose custody is temporarily modified due to a parent's
22	military service; amending ss. 61.14, 61.181, and 61.1827,
23	F.S.; conforming provisions to changes in terminology;
24	conforming a cross-reference; amending s. 61.20, F.S.;
25	conforming provisions to changes in terminology; revising
26	provisions relating to social investigation and
27	recommendations regarding a parenting plan; amending s.
28	61.21, F.S.; conforming provisions to changes in
29	terminology; amending s. 61.30, F.S.; conforming
30	provisions to changes in terminology; revising the child
31	support guidelines schedule; revising provisions relating
32	to determining of total minimum child support need and
33	total minimum child support award; providing for
34	adjustments of child support in light of the time-sharing
35	plan; amending ss. 61.401, 61.45, 409.2554, and 409.2558,
36	F.S.; conforming provisions to changes in terminology;
37	amending s. 409.2563, F.S.; conforming provisions to
38	changes in terminology; revising provisions relating to
39	presumption of a parent's income for the purpose of
40	establishing a support obligation; deleting an obsolete
41	provision concerning a study by the Office of Program
42	Policy Analysis and Government Accountability; amending
43	ss. 409.2564, 409.25657, 409.25659, and 409.2577, F.S.;
44	conforming provisions to changes in terminology; amending
45	s. 409.2579, F.S.; conforming a cross-reference; amending
46	ss. 409.811, 414.0252, 414.065, 414.085, 414.095, 414.295,
47	and 445.024, F.S.; conforming provisions to changes in
48	terminology; amending s. 741.0306, F.S.; revising
49	requirements for a family law handbook; conforming
50	provisions to changes in terminology; amending s. 741.30,
51	F.S.; conforming provisions to changes in terminology;
52	amending s. 742.031, F.S.; conforming provisions to
53	changes in terminology; providing for time-sharing and
54	parental responsibility in paternity judgments; amending
55	ss. 753.01 and 827.06, F.S.; conforming provisions to
56	changes in terminology; reenacting s. 61.1825(3)(a), F.S.,
57	relating to relating to the State Case Registry, to
58	incorporate the amendments made to s. 741.30, F.S., in a
59	reference thereto; providing an effective date.
60
61	Be It Enacted by the Legislature of the State of Florida:
62
63	Section 1.  The Division of Statutory Revision is directed
64	to redesignate chapter 61, Florida Statutes, as "Dissolution of
65	Marriage; Support; Time-sharing."
66	Section 2.  Section 61.046, Florida Statutes, is amended to
67	read:
68	61.046  Definitions.--As used in this chapter:
69	(1)  "Business day" means any day other than a Saturday,
70	Sunday, or legal holiday.
71	(2)  "Clerk of Court Child Support Collection System" or
72	"CLERC System" means the automated system established pursuant
73	to s. 61.181(2)(b)1., integrating all clerks of court and
74	depositories and through which payment data and State Case
75	Registry data is transmitted to the department's automated child
76	support enforcement system.
77	(3)  "Custodial parent" or "primary residential parent"
78	means the parent with whom the child maintains his or her
79	primary residence.
80	(3)(4)  "Department" means the Department of Revenue.
81	(4)(5)  "Depository" means the central governmental
82	depository established pursuant to s. 61.181, created by special
83	act of the Legislature or other entity established before June
84	1, 1985, to perform depository functions and to receive, record,
85	report, disburse, monitor, and otherwise handle alimony and
86	child support payments not otherwise required to be processed by
87	the State Disbursement Unit.
88	(5)(6)  "Electronic communication" means contact, other
89	than face-to-face contact, facilitated by tools such as
90	telephones, electronic mail or e-mail, webcams, video-
91	conferencing equipment and software or other wired or wireless
92	technologies, or other means of communication to supplement
93	face-to-face contact between a parent and that parent's minor
94	child.
95	(6)(7)  "Federal Case Registry of Child Support Orders"
96	means the automated registry of support order abstracts and
97	other information established and maintained by the United
98	States Department of Health and Human Services as provided by 42
99	U.S.C. s. 653(h).
100	(7)(8)  "Income" means any form of payment to an
101	individual, regardless of source, including, but not limited to:
102	wages, salary, commissions and bonuses, compensation as an
103	independent contractor, worker's compensation, disability
104	benefits, annuity and retirement benefits, pensions, dividends,
105	interest, royalties, trusts, and any other payments, made by any
106	person, private entity, federal or state government, or any unit
107	of local government. United States Department of Veterans
108	Affairs disability benefits and unemployment compensation, as
109	defined in chapter 443, are excluded from this definition of
110	income except for purposes of establishing an amount of support.
111	(8)(9)  "IV-D" means services provided pursuant to Title
112	IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.
113	(9)(10)  "Local officer" means an elected or appointed
114	constitutional or charter government official including, but not
115	limited to, the state attorney and clerk of the circuit court.
116	(10)(11)  "National medical support notice" means the
117	notice required under 42 U.S.C. s. 666(a)(19).
118	(12)  "Noncustodial parent" means the parent with whom the
119	child does not maintain his or her primary residence.
120	(11)(13)  "Obligee" means the person to whom payments are
121	made pursuant to an order establishing, enforcing, or modifying
122	an obligation for alimony, for child support, or for alimony and
123	child support.
124	(12)(14)  "Obligor" means a person responsible for making
125	payments pursuant to an order establishing, enforcing, or
126	modifying an obligation for alimony, for child support, or for
127	alimony and child support.
128	(13)  "Parenting plan" means a document created to govern
129	the relationship between the parties relating to the decisions
130	that must be made regarding the minor child and shall contain a
131	time-sharing schedule for the parents and child. The issues
132	concerning the minor child may include, but are not limited to,
133	the child's education, health care, and physical, social, and
134	emotional well-being. In creating the plan, all circumstances
135	between the parties, including the parties' historic
136	relationship, domestic violence, and other factors must be taken
137	into consideration. The parenting plan shall be developed and
138	agreed to by the parents and approved by a court or, if the
139	parents cannot agree, established by the court.
140	(a)  Any parenting plan formulated under this chapter must
141	address all jurisdictional issues, including, but not limited
142	to, the Uniform Child Custody Jurisdiction and Enforcement Act,
143	part II of this chapter, the International Child Abduction
144	Remedies Act, 42 U.S.C. ss. 11601 et seq., the Parental
145	Kidnapping Prevention Act, and the Convention on the Civil
146	Aspects of International Child Abduction enacted at the Hague on
147	October 25, 1980.
148	(b)  For purposes of the application of the Uniform Child
149	Custody Jurisdiction and Enforcement Act, part II of this
150	chapter, a judgment or order incorporating a parenting plan
151	under this part is a child custody determination under part II
152	of this chapter.
153	(c)  For purposes of the International Child Abduction
154	Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
155	the Civil Aspects of International Child Abduction, enacted at
156	the Hague on October 25, 1980, rights of custody shall be
157	determined under the parenting plan under this part.
158	(14)  "Parenting plan recommendation" means a nonbinding
159	recommendation made by a licensed mental health professional or
160	any other individual designated by a court under s. 61.20
161	concerning the parenting plan.
162	(15)  "Payor" means an employer or former employer or any
163	other person or agency providing or administering income to the
164	obligor.
165	(16)  "Shared parental responsibility" means a court-
166	ordered relationship in which both parents retain full parental
167	rights and responsibilities with respect to their child and in
168	which both parents confer with each other so that major
169	decisions affecting the welfare of the child will be determined
170	jointly.
171	(17)  "Sole parental responsibility" means a court-ordered
172	relationship in which one parent makes decisions regarding the
173	minor child.
174	(18)  "State Case Registry" means the automated registry
175	maintained by the Title IV-D agency, containing records of each
176	Title IV-D case and of each support order established or
177	modified in the state on or after October 1, 1998. Such records
178	shall consist of data elements as required by the United States
179	Secretary of Health and Human Services.
180	(19)  "State Disbursement Unit" means the unit established
181	and operated by the Title IV-D agency to provide one central
182	address for collection and disbursement of child support
183	payments made in cases enforced by the department pursuant to
184	Title IV-D of the Social Security Act and in cases not being
185	enforced by the department in which the support order was
186	initially issued in this state on or after January 1, 1994, and
187	in which the obligor's child support obligation is being paid
188	through income deduction order.
189	(20)  "Support order" means a judgment, decree, or order,
190	whether temporary or final, issued by a court of competent
191	jurisdiction or administrative agency for the support and
192	maintenance of a child which provides for monetary support,
193	health care, arrearages, or past support. When the child support
194	obligation is being enforced by the Department of Revenue, the
195	term "support order" also means a judgment, decree, or order,
196	whether temporary or final, issued by a court of competent
197	jurisdiction for the support and maintenance of a child and the
198	spouse or former spouse of the obligor with whom the child is
199	living which provides for monetary support, health care,
200	arrearages, or past support.
201	(21)  "Support," unless otherwise specified, means:
202	(a)  Child support and, when the child support obligation
203	is being enforced by the Department of Revenue, spousal support
204	or alimony for the spouse or former spouse of the obligor with
205	whom the child is living.
206	(b)  Child support only in cases not being enforced by the
207	Department of Revenue.
208	(22)  "Time-sharing schedule" means a timetable that must
209	be included in the parenting plan that specifies the time,
210	including overnights and holidays, that a minor child will spend
211	with each parent. If developed and agreed to by the parents of a
212	minor child, it must be approved by the court. If the parents
213	cannot agree, the schedule shall be established by the court.
214	Section 3.  Subsection (3) of section 61.052, Florida
215	Statutes, is amended to read:
216	61.052  Dissolution of marriage.--
217	(3)  During any period of continuance, the court may make
218	appropriate orders for the support and alimony of the parties;
219	the parenting plan primary residence, custody, rotating custody,
220	visitation, support, maintenance, and education of the minor
221	child of the marriage; attorney's fees; and the preservation of
222	the property of the parties.
223	Section 4.  Section 61.09, Florida Statutes, is amended to
224	read:
225	61.09  Alimony and child support unconnected with
226	dissolution.--If a person having the ability to contribute to
227	the maintenance of his or her spouse and support of his or her
228	minor child fails to do so, the spouse who is not receiving
229	support or who has custody of the child or with whom the child
230	has primary residence may apply to the court for alimony and for
231	support for the child without seeking dissolution of marriage,
232	and the court shall enter an order as it deems just and proper.
233	Section 5.  Section 61.10, Florida Statutes, is amended to
234	read:
235	61.10  Adjudication of obligation to support spouse or
236	minor child unconnected with dissolution; parenting plan child
237	custody, child's primary residence, and visitation.--Except when
238	relief is afforded by some other pending civil action or
239	proceeding, a spouse residing in this state apart from his or
240	her spouse and minor child, whether or not such separation is
241	through his or her fault, may obtain an adjudication of
242	obligation to maintain the spouse and minor child, if any. The
243	court shall adjudicate his or her financial obligations to the
244	spouse and child and, shall establish the parenting plan for
245	child's primary residence, and shall determine the custody and
246	visitation rights of the parties. Such an action does not
247	preclude either party from maintaining any other proceeding
248	under this chapter for other or additional relief at any time.
249	Section 6.  Section 61.121, Florida Statutes, is repealed.
250	Section 7.  Section 61.122, Florida Statutes, is amended to
251	read:
252	61.122  Parenting plan recommendation Child custody
253	evaluations; presumption of psychologist's good faith;
254	prerequisite to parent's filing suit; award of fees, costs,
255	reimbursement.--
256	(1)  A psychologist who has been appointed by the court to
257	develop a parenting plan recommendation conduct a child custody
258	evaluation in a dissolution of marriage, a case of domestic
259	violence, or a paternity matter involving the relationship of a
260	child and a parent, including time-sharing of children, judicial
261	proceeding is presumed to be acting in good faith if the
262	psychologist's recommendation evaluation has been reached under
263	conducted pursuant to standards that a reasonable psychologist
264	would use to develop a parenting plan recommendation have used
265	as recommended by the American Psychological Association's
266	guidelines for child custody evaluation in divorce proceedings.
267	(2)  An administrative complaint against a court-appointed
268	psychologist which relates to a parenting plan recommendation
269	child custody evaluation conducted by the psychologist may not
270	be filed anonymously. The individual who files such an
271	administrative complaint must include in the complaint his or
272	her name, address, and telephone number.
273	(3)  A parent who desires wishes to file a legal action
274	against a court-appointed psychologist who has acted in good
275	faith in developing conducting a parenting plan recommendation
276	child custody evaluation must petition the judge who presided
277	over the dissolution of marriage, case of domestic violence, or
278	paternity matter involving the relationship of a child and a
279	parent, including time-sharing of children, child custody
280	proceeding to appoint another psychologist. Upon the parent's
281	showing of good cause, the court shall appoint another
282	psychologist. The court shall determine make a determination as
283	to who is responsible for all court costs and attorney's fees
284	associated with making such an appointment.
285	(4)  If a legal action, whether it be a civil action, a
286	criminal action, or an administrative proceeding, is filed
287	against a court-appointed psychologist in a dissolution of
288	marriage, case of domestic violence, or paternity matter
289	involving the relationship of a child and a parent, including
290	time-sharing of children child custody proceeding, the claimant
291	is responsible for all reasonable costs and reasonable
292	attorney's fees associated with the action for both parties if
293	the psychologist is held not liable. If the psychologist is held
294	liable in civil court, the psychologist must pay all reasonable
295	costs and reasonable attorney's fees for the claimant.
296	Section 8.  Section 61.13, Florida Statutes, is amended to
297	read:
298	61.13  Custody and Support of children; parenting and time-
299	sharing visitation rights; powers power of court in making
300	orders.--
301	(1)(a)  In a proceeding under this chapter, the court may
302	at any time order either or both parents who owe a duty of
303	support to a child to pay support to the other parent or, in the
304	case of both parents, to the person with custody in accordance
305	with the child support guidelines schedule in s. 61.30. The
306	court initially entering an order requiring one or both parents
307	to make child support payments has shall have continuing
308	jurisdiction after the entry of the initial order to modify the
309	amount and terms and conditions of the child support payments
310	when the modification is found necessary by the court in the
311	best interests of the child, when the child reaches majority, or
312	when there is a substantial change in the circumstances of the
313	parties, when s. 743.07(2) applies, or when a child is
314	emancipated, marries, joins the armed services, or dies. The
315	court initially entering a child support order has shall also
316	have continuing jurisdiction to require the obligee to report to
317	the court on terms prescribed by the court regarding the
318	disposition of the child support payments.
319	(b)  Each order for support shall contain a provision for
320	health care coverage for the minor child when the coverage is
321	reasonably available. Coverage is reasonably available if either
322	the obligor or obligee has access at a reasonable rate to a
323	group health plan. The court may require the obligor either to
324	provide health care coverage or to reimburse the obligee for the
325	cost of health care coverage for the minor child when coverage
326	is provided by the obligee. In either event, the court shall
327	apportion the cost of coverage, and any noncovered medical,
328	dental, and prescription medication expenses of the child, to
329	both parties by adding the cost to the basic obligation
330	determined pursuant to s. 61.30(6). The court may order that
331	payment of uncovered medical, dental, and prescription
332	medication expenses of the minor child be made directly to the
333	obligee on a percentage basis.
334	1.  In a non-Title IV-D case, a copy of the court order for
335	health care coverage shall be served on the obligor's union or
336	employer by the obligee when the following conditions are met:
337	a.  The obligor fails to provide written proof to the
338	obligee within 30 days after receiving effective notice of the
339	court order that the health care coverage has been obtained or
340	that application for coverage has been made;
341	b.  The obligee serves written notice of intent to enforce
342	an order for health care coverage on the obligor by mail at the
343	obligor's last known address; and
344	c.  The obligor fails within 15 days after the mailing of
345	the notice to provide written proof to the obligee that the
346	health care coverage existed as of the date of mailing.
347	2.a.  A support order enforced under Title IV-D of the
348	Social Security Act which requires that the obligor provide
349	health care coverage is enforceable by the department through
350	the use of the national medical support notice, and an amendment
351	to the support order is not required. The department shall
352	transfer the national medical support notice to the obligor's
353	union or employer. The department shall notify the obligor in
354	writing that the notice has been sent to the obligor's union or
355	employer, and the written notification must include the
356	obligor's rights and duties under the national medical support
357	notice. The obligor may contest the withholding required by the
358	national medical support notice based on a mistake of fact. To
359	contest the withholding, the obligor must file a written notice
360	of contest with the department within 15 business days after the
361	date the obligor receives written notification of the national
362	medical support notice from the department. Filing with the
363	department is complete when the notice is received by the person
364	designated by the department in the written notification. The
365	notice of contest must be in the form prescribed by the
366	department. Upon the timely filing of a notice of contest, the
367	department shall, within 5 business days, schedule an informal
368	conference with the obligor to discuss the obligor's factual
369	dispute. If the informal conference resolves the dispute to the
370	obligor's satisfaction or if the obligor fails to attend the
371	informal conference, the notice of contest is deemed withdrawn.
372	If the informal conference does not resolve the dispute, the
373	obligor may request an administrative hearing under chapter 120
374	within 5 business days after the termination of the informal
375	conference, in a form and manner prescribed by the department.
376	However, the filing of a notice of contest by the obligor does
377	not delay the withholding of premium payments by the union,
378	employer, or health plan administrator. The union, employer, or
379	health plan administrator must implement the withholding as
380	directed by the national medical support notice unless notified
381	by the department that the national medical support notice is
382	terminated.
383	b.  In a Title IV-D case, the department shall notify an
384	obligor's union or employer if the obligation to provide health
385	care coverage through that union or employer is terminated.
386	3.  In a non-Title IV-D case, upon receipt of the order
387	pursuant to subparagraph 1., or upon application of the obligor
388	pursuant to the order, the union or employer shall enroll the
389	minor child as a beneficiary in the group health plan regardless
390	of any restrictions on the enrollment period and withhold any
391	required premium from the obligor's income. If more than one
392	plan is offered by the union or employer, the child shall be
393	enrolled in the group health plan in which the obligor is
394	enrolled.
395	4.a.  Upon receipt of the national medical support notice
396	under subparagraph 2. in a Title IV-D case, the union or
397	employer shall transfer the notice to the appropriate group
398	health plan administrator within 20 business days after the date
399	on the notice. The plan administrator must enroll the child as a
400	beneficiary in the group health plan regardless of any
401	restrictions on the enrollment period, and the union or employer
402	must withhold any required premium from the obligor's income
403	upon notification by the plan administrator that the child is
404	enrolled. The child shall be enrolled in the group health plan
405	in which the obligor is enrolled. If the group health plan in
406	which the obligor is enrolled is not available where the child
407	resides or if the obligor is not enrolled in group coverage, the
408	child shall be enrolled in the lowest cost group health plan
409	that is available where the child resides.
410	b.  If health care coverage or the obligor's employment is
411	terminated in a Title IV-D case, the union or employer that is
412	withholding premiums for health care coverage under a national
413	medical support notice must notify the department within 20 days
414	after the termination and provide the obligor's last known
415	address and the name and address of the obligor's new employer,
416	if known.
417	5.a.  The amount withheld by a union or employer in
418	compliance with a support order may not exceed the amount
419	allowed under s. 303(b) of the Consumer Credit Protection Act,
420	15 U.S.C. s. 1673(b), as amended. The union or employer shall
421	withhold the maximum allowed by the Consumer Credit Protection
422	Act in the following order:
423	(I)  Current support, as ordered.
424	(II)  Premium payments for health care coverage, as
425	ordered.
426	(III)  Past due support, as ordered.
427	(IV)  Other medical support or coverage, as ordered.
428	b.  If the combined amount to be withheld for current
429	support plus the premium payment for health care coverage exceed
430	the amount allowed under the Consumer Credit Protection Act, and
431	the health care coverage cannot be obtained unless the full
432	amount of the premium is paid, the union or employer may not
433	withhold the premium payment. However, the union or employer
434	shall withhold the maximum allowed in the following order:
435	(I)  Current support, as ordered.
436	(II)  Past due support, as ordered.
437	(III)  Other medical support or coverage, as ordered.
438	6.  An employer, union, or plan administrator who does not
439	comply with the requirements in sub-subparagraph 4.a. is subject
440	to a civil penalty not to exceed $250 for the first violation
441	and $500 for subsequent violations, plus attorney's fees and
442	costs. The department may file a petition in circuit court to
443	enforce the requirements of this subparagraph subsection.
444	7.  The department may adopt rules to administer the child
445	support enforcement provisions of this section that affect Title
446	IV-D cases.
447	(c)  To the extent necessary to protect an award of child
448	support, the court may order the obligor to purchase or maintain
449	a life insurance policy or a bond, or to otherwise secure the
450	child support award with any other assets which may be suitable
451	for that purpose.
452	(d)1.  Unless the provisions of subparagraph 3. apply, all
453	child support orders entered on or after January 1, 1985, shall
454	direct that the payments of child support be made as provided in
455	s. 61.181 through the depository in the county where the court
456	is located. All child support orders shall provide the full name
457	and date of birth of each minor child who is the subject of the
458	child support order.
459	2.  Unless the provisions of subparagraph 3. apply, all
460	child support orders entered before January 1, 1985, shall be
461	modified by the court to direct that payments of child support
462	shall be made through the depository in the county where the
463	court is located upon the subsequent appearance of either or
464	both parents to modify or enforce the order, or in any related
465	proceeding.
466	3.  If both parties request and the court finds that it is
467	in the best interest of the child, support payments need not be
468	directed through the depository. The order of support shall
469	provide, or shall be deemed to provide, that either party may
470	subsequently apply to the depository to require direction of the
471	payments through the depository. The court shall provide a copy
472	of the order to the depository.
473	4.  If the parties elect not to require that support
474	payments be made through the depository, any party may
475	subsequently file an affidavit with the depository alleging a
476	default in payment of child support and stating that the party
477	wishes to require that payments be made through the depository.
478	The party shall provide copies of the affidavit to the court and
479	to each other party. Fifteen days after receipt of the
480	affidavit, the depository shall notify both parties that future
481	payments shall be paid through the depository.
482	5.  In IV-D cases, the IV-D agency shall have the same
483	rights as the obligee in requesting that payments be made
484	through the depository.
485	(2)(a)  The court shall have jurisdiction to approve,
486	grant, or modify a parenting plan determine custody,
487	notwithstanding that the child is not physically present in this
488	state at the time of filing any proceeding under this chapter,
489	if it appears to the court that the child was removed from this
490	state for the primary purpose of removing the child from the
491	jurisdiction of the court in an attempt to avoid the court's
492	approval, creation, or modification of a parenting plan a
493	determination or modification of custody.
494	(b)  Any parenting plan approved by the court must, at
495	minimum, describe in adequate detail how the parents will share
496	and be responsible for the daily tasks associated with the
497	upbringing of the child, the time-sharing schedule arrangements
498	that specify the time that the minor child will spend with each
499	parent, a designation of who will be responsible for any and all
500	forms of health care, school-related matters, other activities,
501	and the methods and technologies that the parents will use to
502	communicate with the child.
503	(c)(b)1.  The court shall determine all matters relating to
504	parenting and time-sharing custody of each minor child of the
505	parties in accordance with the best interests of the child and
506	in accordance with the Uniform Child Custody Jurisdiction and
507	Enforcement Act. It is the public policy of this state to assure
508	that each minor child has frequent and continuing contact with
509	both parents after the parents separate or the marriage of the
510	parties is dissolved and to encourage parents to share the
511	rights and responsibilities, and joys, of childrearing. There is
512	no presumption for or against After considering all relevant
513	facts, the father or mother of the child when creating or
514	modifying the parenting plan shall be given the same
515	consideration as the mother in determining the primary residence
516	of a child irrespective of the age or sex of the child.
517	2.  The court shall order that the parental responsibility
518	for a minor child be shared by both parents unless the court
519	finds that shared parental responsibility would be detrimental
520	to the child. Evidence that a parent has been convicted of a
521	felony of the third degree or higher involving domestic
522	violence, as defined in s. 741.28 and chapter 775, or meets the
523	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
524	detriment to the child. If the presumption is not rebutted,
525	shared parental responsibility, including time-sharing with
526	visitation, residence of the child, and decisions made regarding
527	the child, may not be granted to the convicted parent. However,
528	the convicted parent is not relieved of any obligation to
529	provide financial support. If the court determines that shared
530	parental responsibility would be detrimental to the child, it
531	may order sole parental responsibility and make such
532	arrangements for time-sharing as specified in the parenting plan
533	visitation as will best protect the child or abused spouse from
534	further harm. Whether or not there is a conviction of any
535	offense of domestic violence or child abuse or the existence of
536	an injunction for protection against domestic violence, the
537	court shall consider evidence of domestic violence or child
538	abuse as evidence of detriment to the child.
539	a.  In ordering shared parental responsibility, the court
540	may consider the expressed desires of the parents and may grant
541	to one party the ultimate responsibility over specific aspects
542	of the child's welfare or may divide those responsibilities
543	between the parties based on the best interests of the child.
544	Areas of responsibility may include primary residence,
545	education, health care medical and dental care, and any other
546	responsibilities that the court finds unique to a particular
547	family.
548	b.  The court shall order "sole parental responsibility for
549	a minor child to one parent, with or without time-sharing with
550	visitation rights, to the other parent" when it is in the best
551	interests of" the minor child.
552	3.  Access to records and information pertaining to a minor
553	child, including, but not limited to, medical, dental, and
554	school records, may not be denied to either a parent because the
555	parent is not the child's primary residential parent. Full
556	rights under this subparagraph apply to either parent unless a
557	court order specifically revokes these rights, including any
558	restrictions on these rights as provided in a domestic violence
559	injunction. A parent having rights under this subparagraph has
560	the same rights upon request as to form, substance, and manner
561	of access as are available to the other parent of a child,
562	including, without limitation, the right to in-person
563	communication with medical, dental, and education providers.
564	(d)(c)  The circuit court in the county in which either
565	parent and the child reside or the circuit court in which the
566	original order approving or creating the parenting plan award of
567	custody was entered has have jurisdiction to modify the
568	parenting plan an award of child custody. The court may change
569	the venue in accordance with s. 47.122.
570	(3)  For purposes of establishing or modifying parental
571	responsibility and creating, developing, approving, or modifying
572	a parenting plan, including a time-sharing schedule, which
573	governs each parent's relationship with his or her minor child
574	and the relationship between each parent with regard to his or
575	her minor child, the best interest of the child shall be the
576	primary consideration. There shall be no presumption for or
577	against either parent when establishing, creating, developing,
578	approving, or modifying the parenting plan, including the time-
579	sharing schedule, as well as determining decisionmaking,
580	regardless of the age or sex of the child, giving due
581	consideration to the developmental needs of the child. The
582	parenting plan must be in the best interests of the minor child,
583	and evidence that a parent has been convicted of a felony of the
584	third degree or higher involving domestic violence, as defined
585	in s. 741.28 or chapter 775, or meets the criteria of s.
586	39.806(1)(d), creates a rebuttable presumption of detriment to
587	the child. If the presumption is not rebutted, the time-sharing
588	with the child and decisions made regarding the child may not be
589	granted to the convicted parent. Otherwise, determination of the
590	best interests of the child shall be made by evaluating all of
591	the factors affecting the welfare and interests of the minor
592	child, including, but not limited to:
593	(a)  The demonstrated capacity and disposition of each
594	parent to facilitate and encourage a close and continuing
595	parent-child relationship, to honor the time-sharing schedule,
596	and to be reasonable when changes are required.
597	(b)  The anticipated division of parental responsibilities
598	after the litigation, including the extent to which parental
599	responsibilities will be delegated to third parties.
600	(c)  The demonstrated capacity and disposition of each
601	parent to determine, consider, and act upon the needs of the
602	child as opposed to the needs or desires of the parent. shared
603	parental responsibility and primary residence, the best
604	interests of the child shall include an evaluation of all
605	factors affecting the welfare and interests of the child,
606	including, but not limited to:
607	(a)  The parent who is more likely to allow the child
608	frequent and continuing contact with the nonresidential parent.
609	(b)  The love, affection, and other emotional ties existing
610	between the parents and the child.
611	(c)  The capacity and disposition of the parents to provide
612	the child with food, clothing, medical care or other remedial
613	care recognized and permitted under the laws of this state in
614	lieu of medical care, and other material needs.
615	(d)  The length of time the child has lived in a stable,
616	satisfactory environment and the desirability of maintaining
617	continuity.
618	(e)  The geographic viability of the parenting plan, with
619	special attention paid to the needs of school-age children and
620	the amount of time to be spent traveling to effectuate the
621	parenting plan. This factor does not create a presumption for or
622	against relocation of either parent with a child The permanence,
623	as a family unit, of the existing or proposed custodial home.
624	(f)  The moral fitness of the parents.
625	(g)  The mental and physical health of the parents.
626	(h)  The demonstrated knowledge, capacity, and disposition
627	of each parent to be informed of the circumstances of the minor
628	child, including, but not limited to, the child's friends,
629	teachers, medical care providers, daily activities, and favorite
630	things The home, school, and community record of the child.
631	(i)  The demonstrated capacity and disposition of each
632	parent to provide a consistent routine for the child, such as
633	discipline, and daily schedules for homework, meals, and bedtime
634	The reasonable preference of the child, if the court deems the
635	child to be of sufficient intelligence, understanding, and
636	experience to express a preference.
637	(j)  The demonstrated capacity of each parent to
638	communicate with the other parent and keep the other parent
639	informed of issues and activities regarding the minor child, and
640	the willingness of each parent to adopt a unified front on all
641	major issues when dealing with the child The willingness and
642	ability of each parent to facilitate and encourage a close and
643	continuing parent-child relationship between the child and the
644	other parent.
645	(k)  Evidence of domestic violence, sexual violence, child
646	abuse, child abandonment, or child neglect, regardless of
647	whether a prior or pending action regarding those issues has
648	been brought that any party has knowingly provided false
649	information to the court regarding a domestic violence
650	proceeding pursuant to s. 741.30.
651	(l)  Evidence that either parent has knowingly provided
652	false information to the court regarding any prior or pending
653	action regarding domestic violence, sexual violence, child
654	abuse, child abandonment, or child neglect of domestic violence
655	or child abuse.
656	(m)  The particular parenting tasks customarily performed
657	by each parent and the division of parental responsibilities
658	before the institution of litigations and during the pending
659	litigation, including the extent to which parenting
660	responsibilities were undertaken by third parties Any other fact
661	considered by the court to be relevant.
662	(n)  The demonstrated capacity and disposition of each
663	parent to participate and be involved in the child's school and
664	extracurricular activities.
665	(o)  The demonstrated capacity and disposition of each
666	parent to maintain an environment for the child which is free
667	from substance abuse.
668	(p)  The capacity and disposition of each parent to protect
669	the child from the ongoing litigation as demonstrated by not
670	discussing the litigation with the child, not sharing documents
671	or electronic media related to the litigation with the child,
672	and refraining from disparaging comments about the other parent
673	to the child.
674	(q)  The developmental stages and needs of the child and
675	the demonstrated capacity and disposition of each parent to meet
676	the child's developmental needs.
677	(r)  Any other factor that is relevant to the determination
678	of a specific parenting plan, including the time-sharing
679	schedule.
680	(4)(a)  When a noncustodial parent who is ordered to pay
681	child support or alimony and who is awarded visitation rights
682	fails to pay child support or alimony, the custodial parent who
683	should have received the child support or alimony may shall not
684	refuse to honor the time-sharing schedule presently in effect
685	between the parents noncustodial parent's visitation rights.
686	(b)  When a custodial parent refuses to honor the other a
687	noncustodial parent's visitation rights under the time-sharing
688	schedule, the noncustodial parent whose time-sharing rights were
689	not violated shall continue not fail to pay any ordered child
690	support or alimony.
691	(c)  When a custodial parent refuses to honor the time-
692	sharing schedule in the parenting plan a noncustodial parent's
693	or grandparent's visitation rights without proper cause, the
694	court:
695	1.  Shall, after calculating the amount of time-sharing
696	visitation improperly denied, award the noncustodial parent
697	denied time or grandparent a sufficient amount of extra time-
698	sharing visitation to compensate for the time-sharing missed,
699	and such time-sharing the noncustodial parent or grandparent,
700	which visitation shall be ordered as expeditiously as possible
701	in a manner consistent with the best interests of the child and
702	scheduled in a manner that is convenient for the parent person
703	deprived of time-sharing visitation. In ordering any makeup
704	time-sharing visitation, the court shall schedule such time-
705	sharing visitation in a manner that is consistent with the best
706	interests of the child or children and that is convenient for
707	the nonoffending noncustodial parent and at the expense of the
708	noncompliant parent. or grandparent. In addition, the court:
709	2.1.  May order the custodial parent who did not provide
710	time-sharing or did not properly exercise time-sharing under the
711	time-sharing schedule to pay reasonable court costs and
712	attorney's fees incurred by the nonoffending noncustodial parent
713	or grandparent to enforce the time-sharing schedule. their
714	visitation rights or make up improperly denied visitation;
715	3.2.  May order the custodial parent who did not provide
716	time-sharing or did not properly exercise time-sharing under the
717	time-sharing schedule to attend a the parenting course approved
718	by the judicial circuit.;
719	4.3.  May order the custodial parent who did not provide
720	time-sharing or did not properly exercise time-sharing under the
721	time-sharing schedule to do community service if the order will
722	not interfere with the welfare of the child.;
723	5.4.  May order the custodial parent who did not provide
724	time-sharing or did not properly exercise time-sharing under the
725	time-sharing schedule to have the financial burden of promoting
726	frequent and continuing contact when that the custodial parent
727	and child reside further than 60 miles from the other
728	noncustodial parent.;
729	6.5.  May award custody, rotating custody, or primary
730	residence to the noncustodial parent, upon the request of the
731	noncustodial parent who did not violate the time-sharing
732	schedule, modify the parenting plan if modification the award is
733	in the best interests of the child.; or
734	7.6.  May impose any other reasonable sanction as a result
735	of noncompliance.
736	(d)  A person who violates this subsection may be punished
737	by contempt of court or other remedies as the court deems
738	appropriate.
739	(5)  The court may make specific orders regarding the
740	parenting plan and time-sharing schedule for the care and
741	custody of the minor child as such orders relate to from the
742	circumstances of the parties and the nature of the case and are
743	is equitable and provide for child support in accordance with
744	the guidelines schedule in s. 61.30. An order for equal time-
745	sharing for award of shared parental responsibility of a minor
746	child does not preclude the court from entering an order for
747	child support of the child.
748	(6)  In any proceeding under this section, the court may
749	not deny shared parental responsibility and time-sharing,
750	custody, or visitation rights to a parent or grandparent solely
751	because that parent or grandparent is or is believed to be
752	infected with human immunodeficiency virus,; but the court may
753	condition such rights to require that parent in an order
754	approving the parenting plan upon the parent's or grandparent's
755	agreement to observe measures approved by the Centers for
756	Disease Control and Prevention of the United States Public
757	Health Service or by the Department of Health for preventing the
758	spread of human immunodeficiency virus to the child.
759	(7)  If the court orders that parental responsibility,
760	including visitation, be shared by both parents, the court may
761	not deny the noncustodial parent overnight contact and access to
762	or visitation with the child solely because of the age or sex of
763	the child.
764	(7)(8)(a)  Beginning July 1, 1997, Each party to any
765	paternity or support proceeding is required to file with the
766	tribunal as defined in s. 88.1011(22) and State Case Registry
767	upon entry of an order, and to update as appropriate,
768	information on location and identity of the party, including
769	social security number, residential and mailing addresses,
770	telephone number, driver's license number, and name, address,
771	and telephone number of employer. Beginning October 1, 1998,
772	Each party to any paternity or child support proceeding in a
773	non-Title IV-D case shall meet the above requirements for
774	updating the tribunal and State Case Registry.
775	(b)  Pursuant to the federal Personal Responsibility and
776	Work Opportunity Reconciliation Act of 1996, each party is
777	required to provide his or her social security number in
778	accordance with this section. Disclosure of social security
779	numbers obtained through this requirement shall be limited to
780	the purpose of administration of the Title IV-D program for
781	child support enforcement.
782	(c)  Beginning July 1, 1997, In any subsequent Title IV-D
783	child support enforcement action between the parties, upon
784	sufficient showing that diligent effort has been made to
785	ascertain the location of such a party, the court of competent
786	jurisdiction shall deem state due process requirements for
787	notice and service of process to be met with respect to the
788	party, upon delivery of written notice to the most recent
789	residential or employer address filed with the tribunal and
790	State Case Registry pursuant to paragraph (a). Beginning October
791	1, 1998, In any subsequent non-Title IV-D child support
792	enforcement action between the parties, the same requirements
793	for service shall apply.
794	(8)(9)  At the time an order for child support is entered,
795	each party is required to provide his or her social security
796	number and date of birth to the court, as well as the name, date
797	of birth, and social security number of each minor child that is
798	the subject of such child support order. Pursuant to the federal
799	Personal Responsibility and Work Opportunity Reconciliation Act
800	of 1996, each party is required to provide his or her social
801	security number in accordance with this section. All social
802	security numbers required by this section shall be provided by
803	the parties and maintained by the depository as a separate
804	attachment in the file. Disclosure of social security numbers
805	obtained through this requirement shall be limited to the
806	purpose of administration of the Title IV-D program for child
807	support enforcement.
808	Section 9.  Section 61.13001, Florida Statutes, is amended
809	to read:
810	61.13001  Parental relocation with a child.--
811	(1)  DEFINITIONS.--As used in this section:
812	(a)  "Change of residence address" means the relocation of
813	a child to a principal residence more than 50 miles away from
814	his or her principal place of residence at the time of the entry
815	of the last order establishing or modifying the parenting plan
816	or the time-sharing schedule or both for designation of the
817	primary residential parent or the custody of the minor child,
818	unless the move places the principal residence of the minor
819	child less than 50 miles from either the nonresidential parent.
820	(b)  "Child" means any person who is under the jurisdiction
821	of a state court pursuant to the Uniform Child Custody
822	Jurisdiction and Enforcement Act or is the subject of any order
823	granting to a parent or other person any right to time-sharing,
824	residential care, kinship, or custody, or visitation as provided
825	under state law.
826	(c)  "Court" means the circuit court in an original
827	proceeding which has proper venue and jurisdiction in accordance
828	with the Uniform Child Custody Jurisdiction and Enforcement Act,
829	the circuit court in the county in which either parent and the
830	child reside, or the circuit court in which the original action
831	was adjudicated.
832	(d)  "Other person" means an individual who is not the
833	parent and who, by court order, maintains the primary residence
834	of a child or has visitation rights with a child.
835	(e)  "Parent" means any person so named by court order or
836	express written agreement that is subject to court enforcement
837	or a person reflected as a parent on a birth certificate and in
838	whose home a child maintains a primary or secondary residence.
839	(f)  "Person entitled to be the primary residential parent
840	of a child" means a person so designated by court order or by an
841	express written agreement that is subject to court enforcement
842	or a person seeking such a designation, or, when neither parent
843	has been designated as primary residential parent, the person
844	seeking to relocate with a child.
845	(g)  "Principal residence of a child" means the home of the
846	designated primary residential parent. For purposes of this
847	section only, when rotating custody is in effect, each parent
848	shall be considered to be the primary residential parent.
849	(f)(h)  "Relocation" means a change in the principal
850	residence of a child for a period of 60 consecutive days or more
851	but does not include a temporary absence from the principal
852	residence for purposes of vacation, education, or the provision
853	of health care for the child.
854	(2)  RELOCATION BY AGREEMENT.--
855	(a)  If the parents primary residential parent and the
856	other parent and every other person entitled to time-sharing
857	visitation with the child agree to the relocation of the child
858	child's principal residence, they may satisfy the requirements
859	of this section by signing a written agreement that:
860	1.  Reflects the consent to the relocation;
861	2.  Defines a time-sharing schedule the visitation rights
862	for the nonrelocating parent and any other persons who are
863	entitled to time-sharing visitation; and
864	3.  Describes, if necessary, any transportation
865	arrangements related to the visitation.
866	(b)  If there is an existing cause of action, judgment, or
867	decree of record pertaining to the child's primary residence or
868	a time-sharing schedule visitation, the parties shall seek
869	ratification of the agreement by court order without the
870	necessity of an evidentiary hearing unless a hearing is
871	requested, in writing, by one or more of the parties to the
872	agreement within 10 days after the date the agreement is filed
873	with the court. If a hearing is not timely requested, it shall
874	be presumed that the relocation is in the best interest of the
875	child and the court may ratify the agreement without an
876	evidentiary hearing.
877	(3)  NOTICE OF INTENT TO RELOCATE WITH A CHILD.--Unless an
878	agreement has been entered as described in subsection (2), a
879	parent who is entitled to time-sharing with primary residence of
880	the child shall notify the other parent, and every other person
881	entitled to time-sharing visitation with the child, of a
882	proposed relocation of the child's principal residence. The form
883	of notice shall be according to this section:
884	(a)  The parent seeking to relocate shall prepare a Notice
885	of Intent to Relocate. The following information must be
886	included with the Notice of Intent to Relocate and signed under
887	oath under penalty of perjury:
888	1.  A description of the location of the intended new
889	residence, including the state, city, and specific physical
890	address, if known.
891	2.  The mailing address of the intended new residence, if
892	not the same as the physical address, if known.
893	3.  The home telephone number of the intended new
894	residence, if known.
895	4.  The date of the intended move or proposed relocation.
896	5.  A detailed statement of the specific reasons for the
897	proposed relocation of the child. If one of the reasons is based
898	upon a job offer which has been reduced to writing, that written
899	job offer must be attached to the Notice of Intent to Relocate.
900	6.  A proposal for the revised postrelocation schedule of
901	time-sharing visitation together with a proposal for the
902	postrelocation transportation arrangements necessary to
903	effectuate time-sharing visitation with the child. Absent the
904	existence of a current, valid order abating, terminating, or
905	restricting visitation or other good cause predating the Notice
906	of Intent to Relocate, failure to comply with this provision
907	renders the Notice of Intent to Relocate legally insufficient.
908	7.  Substantially the following statement, in all capital
909	letters and in the same size type, or larger, as the type in the
910	remainder of the notice:
911
912	AN OBJECTION TO THE PROPOSED RELOCATION MUST BE MADE IN WRITING,
913	FILED WITH THE COURT, AND SERVED ON THE PARENT OR OTHER PERSON
914	SEEKING TO RELOCATE WITHIN 30 DAYS AFTER SERVICE OF THIS NOTICE
915	OF INTENT TO RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE
916	RELOCATION, THE RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN
917	THE BEST INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND
918	WITHOUT A HEARING.
919	8.  The mailing address of the parent or other person
920	seeking to relocate to which the objection filed under
921	subsection (5) to the Notice of Intent to Relocate should be
922	sent.
923
924	The contents of the Notice of Intent to Relocate are not
925	privileged. For purposes of encouraging amicable resolution of
926	the relocation issue, a copy of the Notice of Intent to Relocate
927	shall initially not be filed with the court but instead served
928	upon the nonrelocating parent, other person, and every other
929	person entitled to time-sharing visitation with the child, and
930	the original thereof shall be maintained by the parent or other
931	person seeking to relocate.
932	(b)  The parent seeking to relocate shall also prepare a
933	Certificate of Serving Filing Notice of Intent to Relocate. The
934	certificate shall certify the date that the Notice of Intent to
935	Relocate was served on the other parent and on every other
936	person entitled to time-sharing visitation with the child.
937	(c)  The Notice of Intent to Relocate, and the Certificate
938	of Serving Filing Notice of Intent to Relocate, shall be served
939	on the other parent and on every other person entitled to time-
940	sharing visitation with the child. If there is a pending court
941	action regarding the child, service of process may be according
942	to court rule. Otherwise, service of process shall be according
943	to chapters 48 and 49 or via certified mail, restricted
944	delivery, return receipt requested.
945	(d)  A person giving notice of a proposed relocation or
946	change of residence address under this section has a continuing
947	duty to provide current and updated information required by this
948	section when that information becomes known.
949	(e)  If the other parent and any other person entitled to
950	time-sharing visitation with the child fails to timely file an
951	objection, it shall be presumed that the relocation is in the
952	best interest of the child, the relocation shall be allowed, and
953	the court shall, absent good cause, enter an order, attaching a
954	copy of the Notice of Intent to Relocate, reflecting that the
955	order is entered as a result of the failure to object to the
956	Notice of Intent to Relocate, and adopting the time-sharing
957	visitation schedule and transportation arrangements contained in
958	the Notice of Intent to Relocate. The order may issue in an
959	expedited manner without the necessity of an evidentiary
960	hearing. If an objection is timely filed, the burden returns to
961	the parent or person seeking to relocate to initiate court
962	proceedings to obtain court permission to relocate before prior
963	to doing so.
964	(f)  The act of relocating the child after failure to
965	comply with the notice of intent to relocate procedure described
966	in this subsection subjects the party in violation thereof to
967	contempt and other proceedings to compel the return of the child
968	and may be taken into account by the court in any initial or
969	postjudgment action seeking a determination or modification of
970	the parenting plan or the time-sharing schedule, or both,
971	designation of the primary residential parent or of the
972	residence, custody, or visitation with the child as:
973	1.  A factor in making a determination regarding the
974	relocation of a child.
975	2.  A factor in determining whether the parenting plan or
976	the designation of the primary residential parent or the
977	residence, contact, access, visitation, or time-sharing schedule
978	arrangements should be modified.
979	3.  A basis for ordering the temporary or permanent return
980	of the child.
981	4.  Sufficient cause to order the parent or other person
982	seeking to relocate the child to pay reasonable expenses and
983	attorney's fees incurred by the party objecting to the
984	relocation.
985	5.  Sufficient cause for the award of reasonable attorney's
986	fees and costs, including interim travel expenses incident to
987	time-sharing visitation or securing the return of the child.
988	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
989	other person seeking to relocate a child, or the child, is
990	entitled to prevent disclosure of location information under any
991	public records exemption applicable to that person, the court
992	may enter any order necessary to modify the disclosure
993	requirements of this section in compliance with the public
994	records exemption.
995	(5)  CONTENT OF OBJECTION TO RELOCATION.--An objection
996	seeking to prevent the relocation of a child must shall be
997	verified and served within 30 days after service of the Notice
998	of Intent to Relocate. The objection must shall include the
999	specific factual basis supporting the reasons for seeking a
1000	prohibition of the relocation, including a statement of the
1001	amount of participation or involvement the objecting party
1002	currently has or has had in the life of the child.
1003	(6)  TEMPORARY ORDER.--
1004	(a)  The court may grant a temporary order restraining the
1005	relocation of a child or ordering the return of the child, if a
1006	relocation has previously taken place, or other appropriate
1007	remedial relief, if the court finds:
1008	1.  The required notice of a proposed relocation of a child
1009	was not provided in a timely manner;
1010	2.  The child already has been relocated without notice or
1011	written agreement of the parties or without court approval; or
1012	3.  From an examination of the evidence presented at the
1013	preliminary hearing that there is a likelihood that upon final
1014	hearing the court will not approve the relocation of the primary
1015	residence of the child.
1016	(b)  The court may grant a temporary order permitting the
1017	relocation of the child pending final hearing, if the court:
1018	1.  Finds that the required Notice of Intent to Relocate
1019	was provided in a timely manner; and
1020	2.  Finds from an examination of the evidence presented at
1021	the preliminary hearing that there is a likelihood that on final
1022	hearing the court will approve the relocation of the primary
1023	residence of the child, which findings must be supported by the
1024	same factual basis as would be necessary to support the
1025	permitting of relocation in a final judgment.
1026	(c)  If the court has issued a temporary order authorizing
1027	a party seeking to relocate or move a child before a final
1028	judgment is rendered, the court may not give any weight to the
1029	temporary relocation as a factor in reaching its final decision.
1030	(d)  If temporary relocation of a child is permitted, the
1031	court may require the person relocating the child to provide
1032	reasonable security, financial or otherwise, and guarantee that
1033	the court-ordered contact with the child will not be interrupted
1034	or interfered with by the relocating party.
1035	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
1036	RELOCATION.--A No presumption does not shall arise in favor of
1037	or against a request to relocate with the child when a primary
1038	residential parent seeks to move the child and the move will
1039	materially affect the current schedule of contact, access, and
1040	time-sharing with the nonrelocating parent or other person. In
1041	reaching its decision regarding a proposed temporary or
1042	permanent relocation, the court shall evaluate all of the
1043	following factors:
1044	(a)  The nature, quality, extent of involvement, and
1045	duration of the child's relationship with the parent proposing
1046	to relocate with the child and with the nonrelocating parent,
1047	other persons, siblings, half-siblings, and other significant
1048	persons in the child's life.
1049	(b)  The age and developmental stage of the child, the
1050	needs of the child, and the likely impact the relocation will
1051	have on the child's physical, educational, and emotional
1052	development, taking into consideration any special needs of the
1053	child.
1054	(c)  The feasibility of preserving the relationship between
1055	the nonrelocating parent or other person and the child through
1056	substitute arrangements that take into consideration the
1057	logistics of contact, access, visitation, and time-sharing, as
1058	well as the financial circumstances of the parties; whether
1059	those factors are sufficient to foster a continuing meaningful
1060	relationship between the child and the nonrelocating parent or
1061	other person; and the likelihood of compliance with the
1062	substitute arrangements by the relocating parent once he or she
1063	is out of the jurisdiction of the court.
1064	(d)  The child's preference, taking into consideration the
1065	age and maturity of the child.
1066	(e)  Whether the relocation will enhance the general
1067	quality of life for both the parent seeking the relocation and
1068	the child, including, but not limited to, financial or emotional
1069	benefits or educational opportunities.
1070	(f)  The reasons of each parent or other person for seeking
1071	or opposing the relocation.
1072	(g)  The current employment and economic circumstances of
1073	each parent or other person and whether or not the proposed
1074	relocation is necessary to improve the economic circumstances of
1075	the parent or other person seeking relocation of the child.
1076	(h)  That the relocation is sought in good faith and the
1077	extent to which the objecting parent has fulfilled his or her
1078	financial obligations to the parent or other person seeking
1079	relocation, including child support, spousal support, and
1080	marital property and marital debt obligations.
1081	(i)  The career and other opportunities available to the
1082	objecting parent or objecting other person if the relocation
1083	occurs.
1084	(j)  A history of substance abuse or domestic violence as
1085	defined in s. 741.28 or which meets the criteria of s.
1086	39.806(1)(d) by either parent, including a consideration of the
1087	severity of such conduct and the failure or success of any
1088	attempts at rehabilitation.
1089	(k)  Any other factor affecting the best interest of the
1090	child or as set forth in s. 61.13.
1091	(9)  ORDER REGARDING RELOCATION.--If relocation is
1092	permitted:
1093	(a)  The court may, in its discretion, order contact with
1094	the nonrelocating parent, including access, visitation, time-
1095	sharing, telephone, Internet, webcam, and other arrangements
1096	sufficient to ensure that the child has frequent, continuing,
1097	and meaningful contact, access, visitation, and time-sharing
1098	with the nonrelocating parent or other persons, if contact is
1099	financially affordable and in the best interest of the child.
1100	(b)  If applicable, the court shall specify how the
1101	transportation costs will be allocated between the parents and
1102	other persons entitled to contact, access, visitation, and time-
1103	sharing and may adjust the child support award, as appropriate,
1104	considering the costs of transportation and the respective net
1105	incomes of the parents in accordance with state child support
1106	guidelines schedule.
1107	(10)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary
1108	hearing or nonjury trial on a pleading seeking temporary or
1109	permanent relief filed under pursuant to this section shall be
1110	accorded priority on the court's calendar.
1111	(11)  APPLICABILITY.--
1112	(a)  The provisions of This section applies apply:
1113	1.  To orders entered before October 1, 2006, if the
1114	existing order defining custody, primary residence, time-
1115	sharing, or visitation of or with the child does not expressly
1116	govern the relocation of the child.
1117	2.  To an order, whether temporary or permanent, regarding
1118	the parenting plan, custody, primary residence, time-sharing, or
1119	visitation of or with the child entered on or after October 1,
1120	2006.
1121	3.  To any relocation or proposed relocation, whether
1122	permanent or temporary, of a child during any proceeding pending
1123	on October 1, 2006, wherein the parenting plan, custody, primary
1124	residence, time-sharing, or visitation of or with the child is
1125	an issue.
1126	(b)  To the extent that a provision of this section
1127	conflicts with an order existing on October 1, 2006, this
1128	section does not apply to the terms of that order which
1129	expressly govern relocation of the child or a change in the
1130	principal residence address of a parent.
1131	Section 10.  Subsection (3) of section 61.13002, Florida
1132	Statutes, is renumbered as subsection (4), and a new subsection
1133	(3) is added to that section to read:
1134	61.13002  Temporary time-sharing modification child custody
1135	and child support modification due to military service.--
1136	(3)  If a temporary order is entered under this section,
1137	the court may address the issue of support for the child for
1138	whom custody is temporarily modified by:
1139	(a)  Entering an order of temporary support from the
1140	service member to the temporary custodial parent under s. 61.30;
1141	(b)  Requiring the activated, deployed, or temporarily
1142	assigned service member to enroll the child as a military
1143	dependant with DEERs, TriCare, or other similar benefits
1144	available to military dependents as provided by the service
1145	member's branch of service and federal regulations; or
1146	(c)  Suspending, abating, or reducing the child support
1147	obligation of the non-service member until the custody judgment
1148	or order previously in effect is reinstated.
1149	Section 11.  Paragraph (a) of subsection (1) of section
1150	61.14, Florida Statutes, is amended to read:
1151	61.14  Enforcement and modification of support,
1152	maintenance, or alimony agreements or orders.--
1153	(1)(a)  When the parties enter into an agreement for
1154	payments for, or instead of, support, maintenance, or alimony,
1155	whether in connection with a proceeding for dissolution or
1156	separate maintenance or with any voluntary property settlement,
1157	or when a party is required by court order to make any payments,
1158	and the circumstances or the financial ability of either party
1159	changes or the child who is a beneficiary of an agreement or
1160	court order as described herein reaches majority after the
1161	execution of the agreement or the rendition of the order, either
1162	party may apply to the circuit court of the circuit in which the
1163	parties, or either of them, resided at the date of the execution
1164	of the agreement or reside at the date of the application, or in
1165	which the agreement was executed or in which the order was
1166	rendered, for an order decreasing or increasing the amount of
1167	support, maintenance, or alimony, and the court has jurisdiction
1168	to make orders as equity requires, with due regard to the
1169	changed circumstances or the financial ability of the parties or
1170	the child, decreasing, increasing, or confirming the amount of
1171	separate support, maintenance, or alimony provided for in the
1172	agreement or order. A finding that medical insurance is
1173	reasonably available or the child support guidelines schedule in
1174	s. 61.30 may constitute changed circumstances. Except as
1175	otherwise provided in s. 61.30(11)(c), the court may modify an
1176	order of support, maintenance, or alimony by increasing or
1177	decreasing the support, maintenance, or alimony retroactively to
1178	the date of the filing of the action or supplemental action for
1179	modification as equity requires, giving due regard to the
1180	changed circumstances or the financial ability of the parties or
1181	the child.
1182	Section 12.  Paragraph (d) of subsection (3) of section
1183	61.181, Florida Statutes, is amended to read:
1184	61.181  Depository for alimony transactions, support,
1185	maintenance, and support payments; fees.--
1186	(3)
1187	(d)  When time-sharing custody of a child is relinquished
1188	by a custodial parent who is entitled to receive child support
1189	moneys from the depository to a licensed or registered long-term
1190	care child agency, that agency may request from the court an
1191	order directing child support payments that which would
1192	otherwise be distributed to the custodial parent be distributed
1193	to the agency for the period of time that custody of the child
1194	is with by the agency. Thereafter, payments shall be distributed
1195	to the agency as if the agency were the custodial parent until
1196	further order of the court.
1197	Section 13.  Paragraphs (b) and (d) of subsection (1) of
1198	section 61.1827, Florida Statutes, are amended to read:
1199	61.1827  Identifying information concerning applicants for
1200	and recipients of child support services.--
1201	(1)  Any information that reveals the identity of
1202	applicants for or recipients of child support services,
1203	including the name, address, and telephone number of such
1204	persons, held by a non-Title IV-D county child support
1205	enforcement agency is confidential and exempt from s. 119.07(1)
1206	and s. 24(a) of Art. I of the State Constitution. The use or
1207	disclosure of such information by the non-Title IV-D county
1208	child support enforcement agency is limited to the purposes
1209	directly connected with:
1210	(b)  Mandatory disclosure of identifying and location
1211	information as provided in s. 61.13(7)(8) by the non-Title IV-D
1212	county child support enforcement agency when providing non-Title
1213	IV-D services;
1214	(d)  Disclosure to an authorized person, as defined in 45
1215	C.F.R. s. 303.15, for purposes of enforcing any state or federal
1216	law with respect to the unlawful taking or restraint of a child
1217	or making or enforcing a parenting plan child custody or
1218	visitation determination. As used in this paragraph, the term
1219	"authorized person" includes a noncustodial parent with whom the
1220	child does not currently reside, unless a court has entered an
1221	order under s. 741.30, s. 741.31, or s. 784.046.
1222	Section 14.  Subsections (1) and (3) of section 61.20,
1223	Florida Statutes, are amended to read:
1224	61.20  Social investigation and recommendations regarding a
1225	parenting plan when child custody is in issue.--
1226	(1)  In any action where the parenting plan custody of a
1227	minor child is at in issue because the parents are unable to
1228	agree, the court may order a social investigation and study
1229	concerning all pertinent details relating to the child and each
1230	parent when such an investigation has not been done and the
1231	study therefrom provided to the court by the parties or when the
1232	court determines that the investigation and study that have been
1233	done are insufficient. The agency, staff, or person conducting
1234	the investigation and study ordered by the court pursuant to
1235	this section shall furnish the court and all parties of record
1236	in the proceeding a written study containing recommendations,
1237	including a written statement of facts found in the social
1238	investigation on which the recommendations are based. The court
1239	may consider the information contained in the study in making a
1240	decision on the parenting plan child's custody and the technical
1241	rules of evidence do not exclude the study from consideration.
1242	(3)  Except as to persons who obtain certification of
1243	indigence as specified in subsection (2), for whom no costs
1244	shall be incurred, the adult parties involved in a child custody
1245	proceeding to determine a parenting plan wherein the court has
1246	ordered the performance of a social investigation and study
1247	performed shall be responsible for the payment of the costs of
1248	such investigation and study. Upon submission of the study to
1249	the court, the agency, staff, or person performing the study
1250	shall include a bill for services, which shall be taxed and
1251	ordered paid as costs in the proceeding.
1252	Section 15.  Paragraph (c) of subsection (1) and subsection
1253	(6) of section 61.21, Florida Statutes, are amended to read:
1254	61.21  Parenting course authorized; fees; required
1255	attendance authorized; contempt.--
1256	(1)  LEGISLATIVE FINDINGS; PURPOSE.--It is the finding of
1257	the Legislature that:
1258	(c)  It has been found to be beneficial to parents who are
1259	separating or divorcing to have available an educational program
1260	that will provide general information regarding:
1261	1.  The issues and legal procedures for resolving time-
1262	sharing custody and child support disputes.
1263	2.  The emotional experiences and problems of divorcing
1264	adults.
1265	3.  The family problems and the emotional concerns and
1266	needs of the children.
1267	4.  The availability of community services and resources.
1268	(6)  All parties to a modification of a final judgment
1269	involving a parenting plan or a time-sharing schedule shared
1270	parental responsibilities, custody, or visitation may be
1271	required to complete a court-approved parenting course prior to
1272	the entry of an order modifying the final judgment.
1273	Section 16.  Section 61.30, Florida Statutes, is amended to
1274	read:
1275	61.30  Child support guidelines; retroactive child
1276	support.--
1277	(1)(a)  The child support guideline amount as determined by
1278	this section presumptively establishes the amount the trier of
1279	fact shall order as child support in an initial proceeding for
1280	such support or in a proceeding for modification of an existing
1281	order for such support, whether the proceeding arises under this
1282	or another chapter. The trier of fact may order payment of child
1283	support which varies, plus or minus 5 percent, from the
1284	guideline amount, after considering all relevant factors,
1285	including the needs of the child or children, age, station in
1286	life, standard of living, and the financial status and ability
1287	of each parent. The trier of fact may order payment of child
1288	support in an amount which varies more than 5 percent from such
1289	guideline amount only upon a written finding explaining why
1290	ordering payment of such guideline amount would be unjust or
1291	inappropriate. Notwithstanding the variance limitations of this
1292	section, the trier of fact shall order payment of child support
1293	which varies from the guideline amount as provided in paragraph
1294	(11)(b) whenever any of the children are required by court order
1295	or mediation agreement to spend a substantial amount of time
1296	with either parent the primary and secondary residential
1297	parents. This requirement applies to any living arrangement,
1298	whether temporary or permanent.
1299	(b)  The guidelines may provide the basis for proving a
1300	substantial change in circumstances upon which a modification of
1301	an existing order may be granted. However, the difference
1302	between the existing monthly obligation and the amount provided
1303	for under the guidelines shall be at least 15 percent or $50,
1304	whichever amount is greater, before the court may find that the
1305	guidelines provide a substantial change in circumstances.
1306	(c)  For each support order reviewed by the department as
1307	required by s. 409.2564(11), if the amount of the child support
1308	award under the order differs by at least 10 percent but not
1309	less than $25 from the amount that would be awarded under s.
1310	61.30, the department shall seek to have the order modified and
1311	any modification shall be made without a requirement for proof
1312	or showing of a change in circumstances.
1313	(2)  Income shall be determined on a monthly basis for each
1314	parent the obligor and for the obligee as follows:
1315	(a)  Gross income shall include, but is not limited to, the
1316	following items:
1317	1.  Salary or wages.
1318	2.  Bonuses, commissions, allowances, overtime, tips, and
1319	other similar payments.
1320	3.  Business income from sources such as self-employment,
1321	partnership, close corporations, and independent contracts.
1322	"Business income" means gross receipts minus ordinary and
1323	necessary expenses required to produce income.
1324	4.  Disability benefits.
1325	5.  All workers' compensation benefits and settlements.
1326	6.  Unemployment compensation.
1327	7.  Pension, retirement, or annuity payments.
1328	8.  Social security benefits.
1329	9.  Spousal support received from a previous marriage or
1330	court ordered in the marriage before the court.
1331	10.  Interest and dividends.
1332	11.  Rental income, which is gross receipts minus ordinary
1333	and necessary expenses required to produce the income.
1334	12.  Income from royalties, trusts, or estates.
1335	13.  Reimbursed expenses or in kind payments to the extent
1336	that they reduce living expenses.
1337	14.  Gains derived from dealings in property, unless the
1338	gain is nonrecurring.
1339	(b)  Income on a monthly basis shall be imputed to an
1340	unemployed or underemployed parent when such employment or
1341	underemployment is found by the court to be voluntary on that
1342	parent's part, absent a finding of fact by the court of physical
1343	or mental incapacity or other circumstances over which the
1344	parent has no control. In the event of such voluntary
1345	unemployment or underemployment, the employment potential and
1346	probable earnings level of the parent shall be determined based
1347	upon his or her recent work history, occupational
1348	qualifications, and prevailing earnings level in the community
1349	as provided in this paragraph; however, the court may refuse to
1350	impute income to a primary residential parent if the court finds
1351	it necessary for the parent to stay home with the child who is
1352	the subject of a child support calculation.
1353	(c)  Public assistance as defined in s. 409.2554 shall be
1354	excluded from gross income.
1355	(3)  Net income is obtained by subtracting allowable
1356	deductions from gross income. Allowable deductions shall
1357	include:
1358	(a)  Federal, state, and local income tax deductions,
1359	adjusted for actual filing status and allowable dependents and
1360	income tax liabilities.
1361	(b)  Federal insurance contributions or self-employment
1362	tax.
1363	(c)  Mandatory union dues.
1364	(d)  Mandatory retirement payments.
1365	(e)  Health insurance payments, excluding payments for
1366	coverage of the minor child.
1367	(f)  Court-ordered support for other children which is
1368	actually paid.
1369	(g)  Spousal support paid pursuant to a court order from a
1370	previous marriage or the marriage before the court.
1371	(4)  Net income for each parent the obligor and net income
1372	for the obligee shall be computed by subtracting allowable
1373	deductions from gross income.
1374	(5)  Net income for each parent the obligor and net income
1375	for the obligee shall be added together for a combined net
1376	income.
1377	(6)  The following guidelines schedule schedules shall be
1378	applied to the combined net income to determine the minimum
1379	child support need:
1380
	Combined Monthly Net Available Income Child or Children
1381
	One Two Three Four Five Six
1382
	650.00 74 75 75 76 77 78
1383
	700.00 119 120 121 123 124 125
1384
	750.00 164 166 167 169 171 173
1385
	800.00 190 211 213 216 218 220
1386
	850.00 202 257 259 262 265 268
1387
	900.00 213 302 305 309 312 315
1388
	950.00 224 347 351 355 359 363
1389
	1000.00 235 365 397 402 406 410
1390
	1050.00 246 382 443 448 453 458
1391
	1100.00 258 400 489 495 500 505
1392
	1150.00 269 417 522 541 547 553
1393
	1200.00 280 435 544 588 594 600
1394
	1250.00 290 451 565 634 641 648
1395
	1300.00 300 467 584 659 688 695
1396
	1350.00 310 482 603 681 735 743
1397
	1400.00 320 498 623 702 765 790
1398
	1450.00 330 513 642 724 789 838
1399
	1500.00 340 529 662 746 813 869
1400
	1550.00 350 544 681 768 836 895
1401
	1600.00 360 560 701 790 860 920
1402
	1650.00 370 575 720 812 884 945
1403
	1700.00 380 591 740 833 907 971
1404
	1750.00 390 606 759 855 931 996
1405
	1800.00 400 622 779 877 955 1022
1406
	1850.00 410 638 798 900 979 1048
1407
	1900.00 421 654 818 923 1004 1074
1408
	1950.00 431 670 839 946 1029 1101
1409
	2000.00 442 686 859 968 1054 1128
1410
	2050.00 452 702 879 991 1079 1154
1411
	2100.00 463 718 899 1014 1104 1181
1412
	2150.00 473 734 919 1037 1129 1207
1413
	2200.00 484 751 940 1060 1154 1234
1414
	2250.00 494 767 960 1082 1179 1261
1415
	2300.00 505 783 980 1105 1204 1287
1416
	2350.00 515 799 1000 1128 1229 1314
1417
	2400.00 526 815 1020 1151 1254 1340
1418
	2450.00 536 831 1041 1174 1279 1367
1419
	2500.00 547 847 1061 1196 1304 1394
1420
	2550.00 557 864 1081 1219 1329 1420
1421
	2600.00 568 880 1101 1242 1354 1447
1422
	2650.00 578 896 1121 1265 1379 1473
1423
	2700.00 588 912 1141 1287 1403 1500
1424
	2750.00 597 927 1160 1308 1426 1524
1425
	2800.00 607 941 1178 1328 1448 1549
1426
	2850.00 616 956 1197 1349 1471 1573
1427
	2900.00 626 971 1215 1370 1494 1598
1428
	2950.00 635 986 1234 1391 1517 1622
1429
	3000.00 644 1001 1252 1412 1540 1647
1430
	3050.00 654 1016 1271 1433 1563 1671
1431
	3100.00 663 1031 1289 1453 1586 1695
1432
	3150.00 673 1045 1308 1474 1608 1720
1433
	3200.00 682 1060 1327 1495 1631 1744
1434
	3250.00 691 1075 1345 1516 1654 1769
1435
	3300.00 701 1090 1364 1537 1677 1793
1436
	3350.00 710 1105 1382 1558 1700 1818
1437
	3400.00 720 1120 1401 1579 1723 1842
1438
	3450.00 729 1135 1419 1599 1745 1867
1439
	3500.00 738 1149 1438 1620 1768 1891
1440
	3550.00 748 1164 1456 1641 1791 1915
1441
	3600.00 757 1179 1475 1662 1814 1940
1442
	3650.00 767 1194 1493 1683 1837 1964
1443
	3700.00 776 1208 1503 1702 1857 1987
1444
	3750.00 784 1221 1520 1721 1878 2009
1445
	3800.00 793 1234 1536 1740 1899 2031
1446
	3850.00 802 1248 1553 1759 1920 2053
1447
	3900.00 811 1261 1570 1778 1940 2075
1448
	3950.00 819 1275 1587 1797 1961 2097
1449
	4000.00 828 1288 1603 1816 1982 2119
1450
	4050.00 837 1302 1620 1835 2002 2141
1451
	4100.00 846 1315 1637 1854 2023 2163
1452
	4150.00 854 1329 1654 1873 2044 2185
1453
	4200.00 863 1342 1670 1892 2064 2207
1454
	4250.00 872 1355 1687 1911 2085 2229
1455
	4300.00 881 1369 1704 1930 2106 2251
1456
	4350.00 889 1382 1721 1949 2127 2273
1457
	4400.00 898 1396 1737 1968 2147 2295
1458
	4450.00 907 1409 1754 1987 2168 2317
1459
	4500.00 916 1423 1771 2006 2189 2339
1460
	4550.00 924 1436 1788 2024 2209 2361
1461
	4600.00 933 1450 1804 2043 2230 2384
1462
	4650.00 942 1463 1821 2062 2251 2406
1463
	4700.00 951 1477 1838 2081 2271 2428
1464
	4750.00 959 1490 1855 2100 2292 2450
1465
	4800.00 968 1503 1871 2119 2313 2472
1466
	4850.00 977 1517 1888 2138 2334 2494
1467
	4900.00 986 1530 1905 2157 2354 2516
1468
	4950.00 993 1542 1927 2174 2372 2535
1469
	5000.00 1000 1551 1939 2188 2387 2551
1470
	5050.00 1006 1561 1952 2202 2402 2567
1471
	5100.00 1013 1571 1964 2215 2417 2583
1472
	5150.00 1019 1580 1976 2229 2432 2599
1473
	5200.00 1025 1590 1988 2243 2447 2615
1474
	5250.00 1032 1599 2000 2256 2462 2631
1475
	5300.00 1038 1609 2012 2270 2477 2647
1476
	5350.00 1045 1619 2024 2283 2492 2663
1477
	5400.00 1051 1628 2037 2297 2507 2679
1478
	5450.00 1057 1638 2049 2311 2522 2695
1479
	5500.00 1064 1647 2061 2324 2537 2711
1480
	5550.00 1070 1657 2073 2338 2552 2727
1481
	5600.00 1077 1667 2085 2352 2567 2743
1482
	5650.00 1083 1676 2097 2365 2582 2759
1483
	5700.00 1089 1686 2109 2379 2597 2775
1484
	5750.00 1096 1695 2122 2393 2612 2791
1485
	5800.00 1102 1705 2134 2406 2627 2807
1486
	5850.00 1107 1713 2144 2418 2639 2820
1487
	5900.00 1111 1721 2155 2429 2651 2833
1488
	5950.00 1116 1729 2165 2440 2663 2847
1489
	6000.00 1121 1737 2175 2451 2676 2860
1490
	6050.00 1126 1746 2185 2462 2688 2874
1491
	6100.00 1131 1754 2196 2473 2700 2887
1492
	6150.00 1136 1762 2206 2484 2712 2900
1493
	6200.00 1141 1770 2216 2495 2724 2914
1494
	6250.00 1145 1778 2227 2506 2737 2927
1495
	6300.00 1150 1786 2237 2517 2749 2941
1496
	6350.00 1155 1795 2247 2529 2761 2954
1497
	6400.00 1160 1803 2258 2540 2773 2967
1498
	6450.00 1165 1811 2268 2551 2785 2981
1499
	6500.00 1170 1819 2278 2562 2798 2994
1500
	6550.00 1175 1827 2288 2573 2810 3008
1501
	6600.00 1179 1835 2299 2584 2822 3021
1502
	6650.00 1184 1843 2309 2595 2834 3034
1503
	6700.00 1189 1850 2317 2604 2845 3045
1504
	6750.00 1193 1856 2325 2613 2854 3055
1505
	6800.00 1196 1862 2332 2621 2863 3064
1506
	6850.00 1200 1868 2340 2630 2872 3074
1507
	6900.00 1204 1873 2347 2639 2882 3084
1508
	6950.00 1208 1879 2355 2647 2891 3094
1509
	7000.00 1212 1885 2362 2656 2900 3103
1510
	7050.00 1216 1891 2370 2664 2909 3113
1511
	7100.00 1220 1897 2378 2673 2919 3123
1512
	7150.00 1224 1903 2385 2681 2928 3133
1513
	7200.00 1228 1909 2393 2690 2937 3142
1514
	7250.00 1232 1915 2400 2698 2946 3152
1515
	7300.00 1235 1921 2408 2707 2956 3162
1516
	7350.00 1239 1927 2415 2716 2965 3172
1517
	7400.00 1243 1933 2423 2724 2974 3181
1518
	7450.00 1247 1939 2430 2733 2983 3191
1519
	7500.00 1251 1945 2438 2741 2993 3201
1520
	7550.00 1255 1951 2446 2750 3002 3211
1521
	7600.00 1259 1957 2453 2758 3011 3220
1522
	7650.00 1263 1963 2461 2767 3020 3230
1523
	7700.00 1267 1969 2468 2775 3030 3240
1524
	7750.00 1271 1975 2476 2784 3039 3250
1525
	7800.00 1274 1981 2483 2792 3048 3259
1526
	7850.00 1278 1987 2491 2801 3057 3269
1527
	7900.00 1282 1992 2498 2810 3067 3279
1528
	7950.00 1286 1998 2506 2818 3076 3289
1529
	8000.00 1290 2004 2513 2827 3085 3298
1530
	8050.00 1294 2010 2521 2835 3094 3308
1531
	8100.00 1298 2016 2529 2844 3104 3318
1532
	8150.00 1302 2022 2536 2852 3113 3328
1533
	8200.00 1306 2028 2544 2861 3122 3337
1534
	8250.00 1310 2034 2551 2869 3131 3347
1535
	8300.00 1313 2040 2559 2878 3141 3357
1536
	8350.00 1317 2046 2566 2887 3150 3367
1537
	8400.00 1321 2052 2574 2895 3159 3376
1538
	8450.00 1325 2058 2581 2904 3168 3386
1539
	8500.00 1329 2064 2589 2912 3178 3396
1540
	8550.00 1333 2070 2597 2921 3187 3406
1541
	8600.00 1337 2076 2604 2929 3196 3415
1542
	8650.00 1341 2082 2612 2938 3205 3425
1543
	8700.00 1345 2088 2619 2946 3215 3435
1544
	8750.00 1349 2094 2627 2955 3224 3445
1545
	8800.00 1352 2100 2634 2963 3233 3454
1546
	8850.00 1356 2106 2642 2972 3242 3464
1547
	8900.00 1360 2111 2649 2981 3252 3474
1548
	8950.00 1364 2117 2657 2989 3261 3484
1549
	9000.00 1368 2123 2664 2998 3270 3493
1550
	9050.00 1372 2129 2672 3006 3279 3503
1551
	9100.00 1376 2135 2680 3015 3289 3513
1552
	9150.00 1380 2141 2687 3023 3298 3523
1553
	9200.00 1384 2147 2695 3032 3307 3532
1554
	9250.00 1388 2153 2702 3040 3316 3542
1555
	9300.00 1391 2159 2710 3049 3326 3552
1556
	9350.00 1395 2165 2717 3058 3335 3562
1557
	9400.00 1399 2171 2725 3066 3344 3571
1558
	9450.00 1403 2177 2732 3075 3353 3581
1559
	9500.00 1407 2183 2740 3083 3363 3591
1560
	9550.00 1411 2189 2748 3092 3372 3601
1561
	9600.00 1415 2195 2755 3100 3381 3610
1562
	9650.00 1419 2201 2763 3109 3390 3620
1563
	9700.00 1422 2206 2767 3115 3396 3628
1564
	9750.00 1425 2210 2772 3121 3402 3634
1565
	9800.00 1427 2213 2776 3126 3408 3641
1566
	9850.00 1430 2217 2781 3132 3414 3647
1567
	9900.00 1432 2221 2786 3137 3420 3653
1568
	9950.00 1435 2225 2791 3143 3426 3659
1569
	10000.00 1437 2228 2795 3148 3432 3666
1570
1571	For combined monthly available income less than the amount set
1572	out on the above guidelines schedule schedules, the parent
1573	should be ordered to pay a child support amount, determined on a
1574	case-by-case basis, to establish the principle of payment and
1575	lay the basis for increased orders should the parent's income
1576	increase in the future. For combined monthly available income
1577	greater than the amount set out in the above guidelines schedule
1578	schedules, the obligation shall be the minimum amount of support
1579	provided by the guidelines schedule plus the following
1580	percentages multiplied by the amount of income over $10,000:
1581
	Child or Children
1582
	One Two Three Four Five Six
1583
	5.0% 7.5% 9.5% 11.0% 12.0% 12.5%
1584
1585	(7)  Child care costs incurred on behalf of the children
1586	due to employment, job search, or education calculated to result
1587	in employment or to enhance income of current employment of
1588	either parent shall be reduced by 25 percent and then shall be
1589	added to the basic obligation. After the adjusted child care
1590	costs are added to the basic obligation, any moneys prepaid by a
1591	the noncustodial parent for child care costs for the child or
1592	children of this action shall be deducted from that noncustodial
1593	parent's child support obligation for that child or those
1594	children. Child care costs shall not exceed the level required
1595	to provide quality care from a licensed source for the children.
1596	(8)  Health insurance costs resulting from coverage ordered
1597	pursuant to s. 61.13(1)(b), and any noncovered medical, dental,
1598	and prescription medication expenses of the child, shall be
1599	added to the basic obligation unless these expenses have been
1600	ordered to be separately paid on a percentage basis. After the
1601	health insurance costs are added to the basic obligation, any
1602	moneys prepaid by a the noncustodial parent for health-related
1603	costs for the child or children of this action shall be deducted
1604	from that noncustodial parent's child support obligation for
1605	that child or those children.
1606	(9)  Each parent's percentage share of the child support
1607	need shall be determined by dividing each parent's net monthly
1608	income by the combined net monthly income.
1609	(10)  The total minimum child support need shall be
1610	determined by adding child care costs and health insurance costs
1611	to the minimum child support need. Each parent's actual dollar
1612	share of the total minimum child support need shall be
1613	determined by multiplying the minimum child support need by each
1614	parent's percentage share of the combined monthly net income.
1615	(11)(a)  The court may adjust the total minimum child
1616	support award, or either or both parents' share of the total
1617	minimum child support award, based upon the following deviation
1618	factors considerations:
1619	1.  Extraordinary medical, psychological, educational, or
1620	dental expenses.
1621	2.  Independent income of the child, not to include moneys
1622	received by a child from supplemental security income.
1623	3.  The payment of support for a parent which regularly has
1624	been paid and for which there is a demonstrated need.
1625	4.  Seasonal variations in one or both parents' incomes or
1626	expenses.
1627	5.  The age of the child, taking into account the greater
1628	needs of older children.
1629	6.  Special needs, such as costs that may be associated
1630	with the disability of a child, that have traditionally been met
1631	within the family budget even though the fulfilling of those
1632	needs will cause the support to exceed the presumptive amount
1633	established by the proposed guidelines.
1634	7.  Total available assets of the obligee, obligor, and the
1635	child.
1636	8.  The impact of the Internal Revenue Service dependency
1637	exemption and waiver of that exemption and the impact of any
1638	federal child care tax credit. The court may order a the primary
1639	residential parent to execute a waiver of the Internal Revenue
1640	Service dependency exemption if the payor noncustodial parent is
1641	current in support payments.
1642	9.  When application of the child support guidelines
1643	schedule requires a person to pay another person more than 55
1644	percent of his or her gross income for a child support
1645	obligation for current support resulting from a single support
1646	order.
1647	10.  The particular parenting shared parental arrangement,
1648	such as where the child spends a significant amount of time, but
1649	less than 40 percent of the overnights, with one the
1650	noncustodial parent, thereby reducing the financial expenditures
1651	incurred by the other primary residential parent; or the refusal
1652	of a the noncustodial parent to become involved in the
1653	activities of the child.
1654	11.  Any other adjustment which is needed to achieve an
1655	equitable result which may include, but not be limited to, a
1656	reasonable and necessary existing expense or debt. Such expense
1657	or debt may include, but is not limited to, a reasonable and
1658	necessary expense or debt which the parties jointly incurred
1659	during the marriage.
1660	(b)  Whenever a particular parenting plan shared parental
1661	arrangement provides that each child spend a substantial amount
1662	of time with each parent, the court shall adjust any award of
1663	child support, as follows:
1664	1.  In accordance with subsections (9) and (10), calculate
1665	the amount of support obligation apportioned to each the
1666	noncustodial parent without including day care and health
1667	insurance costs in the calculation and multiply the amount by
1668	1.5.
1669	2.  In accordance with subsections (9) and (10), calculate
1670	the amount of support obligation apportioned to the custodial
1671	parent without including day care and health insurance costs in
1672	the calculation and multiply the amount by 1.5.
1673	2.3.  Calculate the percentage of overnight stays the child
1674	spends with each parent.
1675	3.4.  Multiply each the noncustodial parent's support
1676	obligation as calculated in subparagraph 1. by the percentage of
1677	the other custodial parent's overnight stays with the child as
1678	calculated in subparagraph 2. 3.
1679	5.  Multiply the custodial parent's support obligation as
1680	calculated in subparagraph 2. by the percentage of the
1681	noncustodial parent's overnight stays with the child as
1682	calculated in subparagraph 3.
1683	4.6.  The difference between the amounts calculated in
1684	subparagraph 3. subparagraphs 4. and 5. shall be the monetary
1685	transfer necessary between the custodial and noncustodial
1686	parents for the care of the child, subject to an adjustment for
1687	day care and health insurance expenses.
1688	5.7.  Pursuant to subsections (7) and (8), calculate the
1689	net amounts owed by each parent the custodial and noncustodial
1690	parents for the expenses incurred for day care and health
1691	insurance coverage for the child. Day care shall be calculated
1692	without regard to the 25-percent reduction applied by subsection
1693	(7).
1694	6.8.  Adjust the support obligation owed by each the
1695	custodial or noncustodial parent pursuant to subparagraph 4. 6.
1696	by crediting or debiting the amount calculated in subparagraph
1697	5. 7. This amount represents the child support which must be
1698	exchanged between the custodial and noncustodial parents.
1699	However, if the amount to be paid is more than the child support
1700	that would be paid had the child support been calculated without
1701	adjustment for substantial time-sharing, the court shall order
1702	child support to be paid without making the otherwise mandatory
1703	adjustment required by this subparagraph.
1704	7.9.  The court may deviate from the child support amount
1705	calculated pursuant to subparagraph 6. 8. based upon the
1706	deviation factors considerations set forth in paragraph (a), as
1707	well as either the custodial parent's low income and ability to
1708	maintain the basic necessities of the home for the child, the
1709	likelihood that either the noncustodial parent will actually
1710	exercise the time-sharing schedule set forth in the parenting
1711	plan visitation granted by the court, and whether all of the
1712	children are exercising the same time-sharing schedule shared
1713	parental arrangement.
1714	8.10.  For purposes of adjusting any award of child support
1715	under this paragraph, "substantial amount of time" means that a
1716	the noncustodial parent exercises visitation at least 40 percent
1717	of the overnights of the year.
1718	(c)  A noncustodial parent's failure to regularly exercise
1719	court-ordered or agreed time-sharing schedule visitation not
1720	caused by the other custodial parent which resulted in the
1721	adjustment of the amount of child support pursuant to
1722	subparagraph (a)10. or paragraph (b) shall be deemed a
1723	substantial change of circumstances for purposes of modifying
1724	the child support award. A modification pursuant to this
1725	paragraph shall be retroactive to the date the noncustodial
1726	parent first failed to regularly exercise court-ordered or
1727	agreed time-sharing schedule visitation.
1728	(12)(a)  A parent with a support obligation may have other
1729	children living with him or her who were born or adopted after
1730	the support obligation arose. If such subsequent children exist,
1731	the court, when considering an upward modification of an
1732	existing award, may disregard the income from secondary
1733	employment obtained in addition to the parent's primary
1734	employment if the court determines that the employment was
1735	obtained primarily to support the subsequent children.
1736	(b)  Except as provided in paragraph (a), the existence of
1737	such subsequent children should not as a general rule be
1738	considered by the court as a basis for disregarding the amount
1739	provided in the guidelines schedule. The parent with a support
1740	obligation for subsequent children may raise the existence of
1741	such subsequent children as a justification for deviation from
1742	the guidelines schedule. However, if the existence of such
1743	subsequent children is raised, the income of the other parent of
1744	the subsequent children shall be considered by the court in
1745	determining whether or not there is a basis for deviation from
1746	the guideline amount.
1747	(c)  The issue of subsequent children under paragraph (a)
1748	or paragraph (b) may only be raised in a proceeding for an
1749	upward modification of an existing award and may not be applied
1750	to justify a decrease in an existing award.
1751	(13)  If the recurring income is not sufficient to meet the
1752	needs of the child, the court may order child support to be paid
1753	from nonrecurring income or assets.
1754	(14)  Every petition for child support or for modification
1755	of child support shall be accompanied by an affidavit which
1756	shows the party's income, allowable deductions, and net income
1757	computed in accordance with this section. The affidavit shall be
1758	served at the same time that the petition is served. The
1759	respondent, whether or not a stipulation is entered, shall make
1760	an affidavit which shows the party's income, allowable
1761	deductions, and net income computed in accordance with this
1762	section. The respondent shall include his or her affidavit with
1763	the answer to the petition or as soon thereafter as is
1764	practicable, but in any case at least 72 hours prior to any
1765	hearing on the finances of either party.
1766	(15)  For purposes of establishing an obligation for
1767	support in accordance with this section, if a person who is
1768	receiving public assistance is found to be noncooperative as
1769	defined in s. 409.2572, the IV-D agency is authorized to submit
1770	to the court an affidavit attesting to the income of that the
1771	custodial parent based upon information available to the IV-D
1772	agency.
1773	(16)  The Legislature shall review the guidelines schedule
1774	established in this section at least every 4 years beginning in
1775	1997.
1776	(17)  In an initial determination of child support, whether
1777	in a paternity action, dissolution of marriage action, or
1778	petition for support during the marriage, the court has
1779	discretion to award child support retroactive to the date when
1780	the parents did not reside together in the same household with
1781	the child, not to exceed a period of 24 months preceding the
1782	filing of the petition, regardless of whether that date precedes
1783	the filing of the petition. In determining the retroactive award
1784	in such cases, the court shall consider the following:
1785	(a)  The court shall apply the guidelines schedule in
1786	effect at the time of the hearing subject to the obligor's
1787	demonstration of his or her actual income, as defined by
1788	subsection (2), during the retroactive period. Failure of the
1789	obligor to so demonstrate shall result in the court using the
1790	obligor's income at the time of the hearing in computing child
1791	support for the retroactive period.
1792	(b)  All actual payments made by a the noncustodial parent
1793	to the other custodial parent or the child or third parties for
1794	the benefit of the child throughout the proposed retroactive
1795	period.
1796	(c)  The court should consider an installment payment plan
1797	for the payment of retroactive child support.
1798	Section 17.  Section 61.401, Florida Statutes, is amended
1799	to read:
1800	61.401  Appointment of guardian ad litem.--In an action
1801	where the parties have been unable to agree to a parenting plan
1802	for dissolution of marriage, modification, parental
1803	responsibility, custody, or visitation, if the court finds it is
1804	in the best interest of the child, the court may appoint a
1805	guardian ad litem to act as next friend of the child,
1806	investigator or evaluator, not as attorney or advocate. The
1807	court in its discretion may also appoint legal counsel for a
1808	child to act as attorney or advocate; however, the guardian and
1809	the legal counsel shall not be the same person. In such actions
1810	which involve an allegation of child abuse, abandonment, or
1811	neglect as defined in s. 39.01, which allegation is verified and
1812	determined by the court to be well-founded, the court shall
1813	appoint a guardian ad litem for the child. The guardian ad litem
1814	shall be a party to any judicial proceeding from the date of the
1815	appointment until the date of discharge.
1816	Section 18.  Section 61.45, Florida Statutes, is amended to
1817	read:
1818	61.45  Court-ordered parenting plan Court order of
1819	visitation or custody; risk of violation; bond.--
1820	(1)  In any a proceeding in which the court enters a
1821	parenting plan, including a time-sharing schedule an order of
1822	child custody or visitation, including in a modification
1823	proceeding, upon the presentation of competent substantial
1824	evidence that there is a risk that one party may violate the
1825	court's parenting plan order of visitation or custody by
1826	removing a child from this state or country or by concealing the
1827	whereabouts of a child, or upon stipulation of the parties, the
1828	court may:
1829	(a)  Order that a parent may not remove the child from this
1830	state without the notarized written permission of both parents
1831	or further court order;
1832	(b)  Order that a parent may not remove the child from this
1833	country without the notarized written permission of both parents
1834	or further court order;
1835	(c)  Order that a parent may not take the child to a
1836	country that has not ratified or acceded to the Hague Convention
1837	on the Civil Aspects of International Child Abduction unless the
1838	other parent agrees in writing that the child may be taken to
1839	the country;
1840	(d)  Require a parent to surrender the passport of the
1841	child; or
1842	(e)  Require that party to post bond or other security.
1843	(2)  If the court enters a parenting plan, including a
1844	time-sharing schedule an order of child custody or visitation,
1845	including in a modification proceeding, that includes a
1846	provision entered under paragraph (1)(b) or paragraph (1)(c), a
1847	certified copy of the order should be sent by the parent who
1848	requested the restriction to the Passport Services Office of the
1849	United States Department of State requesting that they not issue
1850	a passport to the child without their signature or further court
1851	order.
1852	(3)  In assessing the need for a bond or other security,
1853	the court may consider any reasonable factor bearing upon the
1854	risk that a party may violate a parenting plan visitation or
1855	custody order by removing a child from this state or country or
1856	by concealing the whereabouts of a child, including but not
1857	limited to whether:
1858	(a)  A court has previously found that a party previously
1859	removed a child from Florida or another state in violation of a
1860	parenting plan custody or visitation order, or whether a court
1861	had found that a party has threatened to take a child out of
1862	Florida or another state in violation of a parenting plan
1863	custody or visitation order;
1864	(b)  The party has strong family and community ties to
1865	Florida or to other states or countries, including whether the
1866	party or child is a citizen of another country;
1867	(c)  The party has strong financial reasons to remain in
1868	Florida or to relocate to another state or country;
1869	(d)  The party has engaged in activities that suggest plans
1870	to leave Florida, such as quitting employment; sale of a
1871	residence or termination of a lease on a residence, without
1872	efforts to acquire an alternative residence in the state;
1873	closing bank accounts or otherwise liquidating assets; or
1874	applying for a passport;
1875	(e)  Either party has had a history of domestic violence as
1876	either a victim or perpetrator, child abuse or child neglect
1877	evidenced by criminal history, including but not limited to,
1878	arrest, an injunction for protection against domestic violence
1879	issued after notice and hearing under s. 741.30, medical
1880	records, affidavits, or any other relevant information; or
1881	(f)  The party has a criminal record.
1882	(4)  The court must consider the party's financial
1883	resources prior to setting the bond amount under this section.
1884	Under no circumstances may the court set a bond that is
1885	unreasonable.
1886	(5)  Any deficiency of bond or security shall not absolve
1887	the violating party of responsibility to pay the full amount of
1888	damages determined by the court.
1889	(6)(a)  Upon a material violation of any parenting plan
1890	custody or visitation order by removing a child from this state
1891	or this country or by concealing the whereabouts of a child, the
1892	court may order the bond or other security forfeited in whole or
1893	in part.
1894	(b)  This section, including the requirement to post a bond
1895	or other security, does not apply to a parent who, in a
1896	proceeding to order or modify a parenting plan or time-sharing
1897	schedule, is determined by the court to be child custody or
1898	visitation, the court determines is a victim of an act of
1899	domestic violence or provides the court with has reasonable
1900	cause to believe that he or she is about to become the victim of
1901	an act of domestic violence, as defined in s. 741.28. An
1902	injunction for protection against domestic violence issued
1903	pursuant to s. 741.30 for a parent as the petitioner which is in
1904	effect at the time of the court proceeding shall be one means of
1905	demonstrating sufficient evidence that the parent is a victim of
1906	domestic violence or is about to become the victim of an act of
1907	domestic violence, as defined in s. 741.28, and shall exempt the
1908	parent from this section, including the requirement to post a
1909	bond or other security. A parent who is determined by the court
1910	to be exempt from the requirements of this section must meet the
1911	requirements of s. 787.03(6) if an offense of interference with
1912	the parenting plan or time-sharing schedule custody is
1913	committed.
1914	(7)(a)  Upon an order of forfeiture, the proceeds of any
1915	bond or other security posted pursuant to this subsection may
1916	only be used to:
1917	1.  Reimburse the nonviolating party for actual costs or
1918	damages incurred in upholding the court's parenting plan order
1919	of custody or visitation.
1920	2.  Locate and return the child to the residence as set
1921	forth in the parenting plan visitation or custody order.
1922	3.  Reimburse reasonable fees and costs as determined by
1923	the court.
1924	(b)  Any remaining proceeds shall be held as further
1925	security if deemed necessary by the court, and if further
1926	security is not found to be necessary; applied to any child
1927	support arrears owed by the parent against whom the bond was
1928	required, and if no arrears exists; all remaining proceeds will
1929	be allocated by the court in the best interest of the child.
1930	(8)  At any time after the forfeiture of the bond or other
1931	security, the party who posted the bond or other security, or
1932	the court on its own motion may request that the party provide
1933	documentation substantiating that the proceeds received as a
1934	result of the forfeiture have been used solely in accordance
1935	with this subsection. Any party using such proceeds for purposes
1936	not in accordance with this section may be found in contempt of
1937	court.
1938	Section 19.  Subsection (14) of section 409.2554, Florida
1939	Statutes, is amended to read:
1940	409.2554  Definitions; ss. 409.2551-409.2598.--As used in
1941	ss. 409.2551-409.2598, the term:
1942	(14)  "Unidentifiable collection" means a payment received
1943	by the department for which a the noncustodial parent, custodial
1944	parent, depository or circuit civil numbers, or source of the
1945	payment cannot be identified.
1946	Section 20.  Paragraphs (b) and (c) of subsection (2) and
1947	subsection (4) of section 409.2558, Florida Statutes, are
1948	amended to read:
1949	409.2558  Support distribution and disbursement.--
1950	(2)  UNDISTRIBUTABLE COLLECTIONS.--
1951	(b)  Collections that are determined to be undistributable
1952	shall be processed in the following order of priority:
1953	1.  Apply the payment to any assigned arrears on the
1954	obligee's custodial parent's case; then
1955	2.  Apply the payment to any administrative costs ordered
1956	by the court pursuant to s. 409.2567 associated with the
1957	obligee's custodial parent's case; then
1958	3.  When the obligor noncustodial parent is subject to a
1959	valid order to support another child in a case with a different
1960	obligee custodial parent and the obligation is being enforced by
1961	the department, the department shall send by certified mail,
1962	restricted delivery, return receipt requested, to the obligor
1963	noncustodial parent at the most recent address provided by the
1964	obligor noncustodial parent to the tribunal that issued the
1965	order, a notice stating the department's intention to apply the
1966	payment pursuant to this subparagraph, and advising the obligor
1967	noncustodial parent of the right to contest the department's
1968	proposed action in the circuit court by filing and serving a
1969	petition on the department within 30 days after the mailing of
1970	the notice. If the obligor noncustodial parent does not file and
1971	serve a petition within the 30 days after mailing of the notice,
1972	or upon a disposition of the judicial action favorable to the
1973	department, the department shall apply the payment toward his or
1974	her other support obligation. If there is more than one such
1975	other case, the department shall allocate the remaining
1976	undistributable amount as specified by s. 61.1301(4)(c); then
1977	4.  Return the payment to the obligor noncustodial parent;
1978	then
1979	5.  If the obligor noncustodial parent cannot be located
1980	after diligent efforts by the department, the federal share of
1981	the payment shall be credited to the Federal Government and the
1982	state share shall be transferred to the General Revenue Fund.
1983	(c)  Refunds to obligors noncustodial parents that are
1984	determined to be undistributable shall be processed in the
1985	following manner:
1986	1.  The federal share of the refund shall be sent to the
1987	Federal Government.
1988	2.  The state share shall be credited to the General
1989	Revenue Fund.
1990	(4)  RECLAIMING COLLECTIONS DECLARED TO BE UNDISTRIBUTABLE
1991	OR UNIDENTIFIABLE.--At such time as an undistributable or
1992	unidentifiable collection that has been transferred to the
1993	Federal Government and to the General Revenue Fund in the
1994	relevant method above becomes distributable or identified,
1995	meaning either the obligor noncustodial parent or the obligee
1996	custodial parent is identified or located, the department shall
1997	retrieve the transferred moneys in the following manner:
1998	(a)  Offset the next credit to the Federal Government in an
1999	amount equal to the share of the collection which had been
2000	transferred; and
2001	(b)  Offset the next transfer to the General Revenue Fund
2002	in an amount equal to the state share of the collection which
2003	had been transferred to the General Revenue Fund.
2004
2005	The collection shall then be processed, as appropriate.
2006	Section 21.  Paragraph (a) of subsection (1), paragraphs
2007	(b), (c), (d), and (f) of subsection (2), subsection (4),
2008	paragraphs (a) and (c) of subsection (5), subsection (6),
2009	paragraphs (b), (c), (d), and (e) of subsection (7), paragraphs
2010	(a) and (b) of subsection (10), and subsections (13) and (17) of
2011	section 409.2563, Florida Statutes, are amended to read:
2012	409.2563  Administrative establishment of child support
2013	obligations.--
2014	(1)  DEFINITIONS.--As used in this section, the term:
2015	(a)  "Administrative support order" means a final order
2016	rendered by or on behalf of the department pursuant to this
2017	section establishing or modifying the obligation of a
2018	noncustodial parent to contribute to the support and maintenance
2019	of his or her child or children, which may include provisions
2020	for monetary support, retroactive support, health care, and
2021	other elements of support pursuant to chapter 61.
2022	(2)  PURPOSE AND SCOPE.--
2023	(b)  The administrative procedure set forth in this section
2024	concerns only the establishment of child support obligations.
2025	This section does not grant jurisdiction to the department or
2026	the Division of Administrative Hearings to hear or determine
2027	issues of dissolution of marriage, separation, alimony or
2028	spousal support, termination of parental rights, dependency,
2029	disputed paternity, except for a determination of paternity as
2030	provided in s. 409.256, award of or change of time-sharing
2031	custody, or visitation. This paragraph notwithstanding, the
2032	department and the Division of Administrative Hearings may make
2033	findings of fact that are necessary for a proper determination
2034	of a noncustodial parent's support obligation as authorized by
2035	this section.
2036	(c)  If there is no support order for a child in a Title
2037	IV-D case whose paternity has been established or is presumed by
2038	law, or whose paternity is the subject of a proceeding under s.
2039	409.256, the department may establish a the noncustodial
2040	parent's child support obligation pursuant to this section, s.
2041	61.30, and other relevant provisions of state law. The
2042	noncustodial parent's obligation determined by the department
2043	may include any obligation to pay retroactive support and any
2044	obligation to provide for health care for a child, whether
2045	through insurance coverage, reimbursement of expenses, or both.
2046	The department may proceed on behalf of:
2047	1.  An applicant or recipient of public assistance, as
2048	provided by ss. 409.2561 and 409.2567;
2049	2.  A former recipient of public assistance, as provided by
2050	s. 409.2569;
2051	3.  An individual who has applied for services as provided
2052	by s. 409.2567;
2053	4.  Itself or the child, as provided by s. 409.2561; or
2054	5.  A state or local government of another state, as
2055	provided by chapter 88.
2056	(d)  Either parent, or a caretaker relative if applicable,
2057	may at any time file a civil action in a circuit court having
2058	jurisdiction and proper venue to determine the other
2059	noncustodial parent's child support obligations, if any. A
2060	support order issued by a circuit court prospectively supersedes
2061	an administrative support order rendered by the department.
2062	(f)  The department shall terminate the administrative
2063	proceeding and file an action in circuit court to determine
2064	support if within 20 days after receipt of the initial notice
2065	the noncustodial parent from whom support is being sought
2066	requests in writing that the department proceed in circuit court
2067	or states in writing his or her the noncustodial parent's
2068	intention to address issues concerning custody or rights to
2069	parental contact in court and if within 10 days after receipt of
2070	the department's petition and waiver of service the noncustodial
2071	parent from whom support is being sought signs and returns the
2072	waiver of service form to the department.
2073	(4)  NOTICE OF PROCEEDING TO ESTABLISH ADMINISTRATIVE
2074	SUPPORT ORDER.--To commence a proceeding under this section, the
2075	department shall provide to the custodial parent from whom
2076	support is not being sought and serve the noncustodial parent
2077	from whom support is being sought with a notice of proceeding to
2078	establish administrative support order and a blank financial
2079	affidavit form. The notice must state:
2080	(a)  The names of both parents, the name of the caretaker
2081	relative, if any, and the name and date of birth of the child or
2082	children;
2083	(b)  That the department intends to establish an
2084	administrative support order as defined in this section;
2085	(c)  That both parents must submit a completed financial
2086	affidavit to the department within 20 days after receiving the
2087	notice, as provided by paragraph (13)(a);
2088	(d)  That both parents, or parent and caretaker relative if
2089	applicable, are required to furnish to the department
2090	information regarding their identities and locations, as
2091	provided by paragraph (13)(b);
2092	(e)  That both parents, or parent and caretaker relative if
2093	applicable, are required to promptly notify the department of
2094	any change in their mailing addresses to ensure receipt of all
2095	subsequent pleadings, notices, and orders, as provided by
2096	paragraph (13)(c);
2097	(f)  That the department will calculate support obligations
2098	based on the child support guidelines schedule in s. 61.30 and
2099	using all available information, as provided by paragraph
2100	(5)(a), and will incorporate such obligations into a proposed
2101	administrative support order;
2102	(g)  That the department will send by regular mail to both
2103	parents, or parent and caretaker relative if applicable, a copy
2104	of the proposed administrative support order, the department's
2105	child support worksheet, and any financial affidavits submitted
2106	by a parent or prepared by the department;
2107	(h)  That the noncustodial parent from whom support is
2108	being sought may file a request for a hearing in writing within
2109	20 days after the date of mailing or other service of the
2110	proposed administrative support order or will be deemed to have
2111	waived the right to request a hearing;
2112	(i)  That if the noncustodial parent from whom support is
2113	being sought does not file a timely request for hearing after
2114	service of the proposed administrative support order, the
2115	department will issue an administrative support order that
2116	incorporates the findings of the proposed administrative support
2117	order, and will send by regular mail a copy of the
2118	administrative support order to both parents, or parent and
2119	caretaker relative if applicable;
2120	(j)  That after an administrative support order is
2121	rendered, the department will file a copy of the order with the
2122	clerk of the circuit court;
2123	(k)  That after an administrative support order is
2124	rendered, the department may enforce the administrative support
2125	order by any lawful means;
2126	(l)  That either parent, or caretaker relative if
2127	applicable, may file at any time a civil action in a circuit
2128	court having jurisdiction and proper venue to determine the
2129	other noncustodial parent's child support obligations, if any,
2130	and that a support order issued by a circuit court supersedes an
2131	administrative support order rendered by the department;
2132	(m)  That, neither the department nor the Division of
2133	Administrative Hearings has jurisdiction to award or change
2134	child custody or rights of parental contact or time-sharing and
2135	these issues may only be addressed in circuit court.
2136	1.  A The noncustodial parent may request in writing that
2137	the department proceed in circuit court to determine his or her
2138	support obligations.
2139	2.  A The noncustodial parent may state in writing to the
2140	department his or her intention to address issues concerning
2141	custody or rights to parental contact in circuit court.
2142	3.  If a the noncustodial parent submits the request
2143	authorized in subparagraph 1., or the statement authorized in
2144	subparagraph 2. to the department within 20 days after the
2145	receipt of the initial notice, the department shall file a
2146	petition in circuit court for the determination of the
2147	noncustodial parent's child support obligations, and shall send
2148	to the noncustodial parent a copy of its petition, a notice of
2149	commencement of action, and a request for waiver of service of
2150	process as provided in the Florida Rules of Civil Procedure.
2151	4.  If, within 10 days after receipt of the department's
2152	petition and waiver of service, the noncustodial parent signs
2153	and returns the waiver of service form to the department, the
2154	department shall terminate the administrative proceeding without
2155	prejudice and proceed in circuit court.
2156	5.  In any circuit court action filed by the department
2157	pursuant to this paragraph or filed by a noncustodial parent or
2158	other person pursuant to paragraph (l) or paragraph (n), the
2159	department shall be a party only with respect to those issues of
2160	support allowed and reimbursable under Title IV-D of the Social
2161	Security Act. It is the responsibility of the noncustodial
2162	parent or other person to take the necessary steps to present
2163	other issues for the court to consider.
2164	(n)  That if a the noncustodial parent files an action in
2165	circuit court and serves the department with a copy of the
2166	petition within 20 days after being served notice under this
2167	subsection, the administrative process ends without prejudice
2168	and the action must proceed in circuit court;
2169	(o)  Information provided by the Office of State Courts
2170	Administrator concerning the availability and location of self-
2171	help programs for those who wish to file an action in circuit
2172	court but who cannot afford an attorney.
2173
2174	The department may serve the notice of proceeding to establish
2175	administrative support order by certified mail, restricted
2176	delivery, return receipt requested. Alternatively, the
2177	department may serve the notice by any means permitted for
2178	service of process in a civil action. For purposes of this
2179	section, an authorized employee of the department may serve the
2180	notice and execute an affidavit of service. Service by certified
2181	mail is completed when the certified mail is received or refused
2182	by the addressee or by an authorized agent as designated by the
2183	addressee in writing. If a person other than the addressee signs
2184	the return receipt, the department shall attempt to reach the
2185	addressee by telephone to confirm whether the notice was
2186	received, and the department shall document any telephonic
2187	communications. If someone other than the addressee signs the
2188	return receipt, the addressee does not respond to the notice,
2189	and the department is unable to confirm that the addressee has
2190	received the notice, service is not completed and the department
2191	shall attempt to have the addressee served personally. The
2192	department shall provide the custodial parent from whom support
2193	is not being sought or caretaker relative with a copy of the
2194	notice by regular mail to the last known address of the
2195	custodial parent from whom support is not being sought or
2196	caretaker.
2197	(5)  PROPOSED ADMINISTRATIVE SUPPORT ORDER.--
2198	(a)  After serving notice upon a the noncustodial parent in
2199	accordance with subsection (4), the department shall calculate
2200	that the noncustodial parent's child support obligation under
2201	the child support guidelines schedule as provided by s. 61.30,
2202	based on any timely financial affidavits received and other
2203	information available to the department. If either parent fails
2204	to comply with the requirement to furnish a financial affidavit,
2205	the department may proceed on the basis of information available
2206	from any source, if such information is sufficiently reliable
2207	and detailed to allow calculation of guideline schedule amounts
2208	under s. 61.30. If a the custodial parent receives public
2209	assistance and fails to submit a financial affidavit, the
2210	department may submit a financial affidavit for that the
2211	custodial parent pursuant to s. 61.30(15). If there is a lack of
2212	sufficient reliable information concerning a parent's actual
2213	earnings for a current or past period, it shall be presumed for
2214	the purpose of establishing a support obligation that the parent
2215	had an earning capacity equal to the federal minimum wage during
2216	the applicable period.
2217	(c)  The department shall provide a notice of rights with
2218	the proposed administrative support order, which notice must
2219	inform the noncustodial parent that:
2220	1.  The noncustodial parent from whom support is being
2221	sought may, within 20 days after the date of mailing or other
2222	service of the proposed administrative support order, request a
2223	hearing by filing a written request for hearing in a form and
2224	manner specified by the department;
2225	2.  If the noncustodial parent from whom support is being
2226	sought files a timely request for a hearing, the case shall be
2227	transferred to the Division of Administrative Hearings, which
2228	shall conduct further proceedings and may enter an
2229	administrative support order;
2230	3.  A noncustodial parent from whom support is being sought
2231	who fails to file a timely request for a hearing shall be deemed
2232	to have waived the right to a hearing, and the department may
2233	render an administrative support order pursuant to paragraph
2234	(7)(b);
2235	4.  The noncustodial parent from whom support is being
2236	sought may consent in writing to entry of an administrative
2237	support order without a hearing;
2238	5.  The noncustodial parent from whom support is being
2239	sought may, within 10 days after the date of mailing or other
2240	service of the proposed administrative support order, contact a
2241	department representative, at the address or telephone number
2242	specified in the notice, to informally discuss the proposed
2243	administrative support order and, if informal discussions are
2244	requested timely, the time for requesting a hearing will be
2245	extended until 10 days after the department notifies the
2246	noncustodial parent that the informal discussions have been
2247	concluded; and
2248	6.  If an administrative support order that establishes a
2249	noncustodial parent's support obligation is rendered, whether
2250	after a hearing or without a hearing, the department may enforce
2251	the administrative support order by any lawful means.
2252	(6)  HEARING.--If the noncustodial parent from whom support
2253	is being sought files a timely request for hearing, the
2254	department shall refer the hearing request to the Division of
2255	Administrative Hearings. Unless otherwise provided by this
2256	section, chapter 120 and the Uniform Rules of Procedure shall
2257	govern the conduct of the proceedings. The administrative law
2258	judge shall consider all available and admissible information
2259	and any presumptions that apply as provided by paragraph (5)(a).
2260	(7)  ADMINISTRATIVE SUPPORT ORDER.--
2261	(b)  If the noncustodial parent from whom support is being
2262	sought does not file a timely request for a hearing, the
2263	noncustodial parent will be deemed to have waived the right to
2264	request a hearing.
2265	(c)  If the noncustodial parent from whom support is being
2266	sought waives the right to a hearing, or consents in writing to
2267	the entry of an order without a hearing, the department may
2268	render an administrative support order.
2269	(d)  The department shall send by regular mail a copy of
2270	the administrative support order, or the final order denying an
2271	administrative support order, to both parents, or a parent and
2272	caretaker relative if applicable. The noncustodial parent from
2273	whom support is being sought shall be notified of the right to
2274	seek judicial review of the administrative support order in
2275	accordance with s. 120.68.
2276	(e)  An administrative support order must comply with s.
2277	61.30. The department shall develop a standard form or forms for
2278	administrative support orders. An administrative support order
2279	must provide and state findings, if applicable, concerning:
2280	1.  The full name and date of birth of the child or
2281	children;
2282	2.  The name of the noncustodial parent from whom support
2283	is being sought and the custodial parent or caretaker relative;
2284	3.  The noncustodial parent's duty and ability to provide
2285	support;
2286	4.  The amount of the noncustodial parent's monthly support
2287	obligation ;
2288	5.  Any obligation to pay retroactive support;
2289	6.  The noncustodial parent's obligation to provide for the
2290	health care needs of each child, whether through insurance
2291	coverage, contribution towards the cost of insurance coverage,
2292	payment or reimbursement of health care expenses for the child,
2293	or any combination thereof;
2294	7.  The beginning date of any required monthly payments and
2295	health care coverage;
2296	8.  That all support payments ordered must be paid to the
2297	Florida State Disbursement Unit as provided by s. 61.1824;
2298	9.  That the parents, or caretaker relative if applicable,
2299	must file with the department when the administrative support
2300	order is rendered, if they have not already done so, and update
2301	as appropriate the information required pursuant to paragraph
2302	(13)(b);
2303	10.  That both parents, or parent and caretaker relative if
2304	applicable, are required to promptly notify the department of
2305	any change in their mailing addresses pursuant to paragraph
2306	(13)(c); and
2307	11.  That if the noncustodial parent ordered to pay support
2308	receives unemployment compensation benefits, the payor shall
2309	withhold, and transmit to the department, 40 percent of the
2310	benefits for payment of support, not to exceed the amount owed.
2311
2312	An income deduction order as provided by s. 61.1301 must be
2313	incorporated into the administrative support order or, if not
2314	incorporated into the administrative support order, the
2315	department or the Division of Administrative Hearings shall
2316	render a separate income deduction order.
2317	(10)  JUDICIAL REVIEW, ENFORCEMENT, OR COURT ORDER
2318	SUPERSEDING ADMINISTRATIVE SUPPORT ORDER.--
2319	(a)  A noncustodial parent has the right to seek judicial
2320	review of an administrative support order or a final order
2321	denying an administrative support order in accordance with s.
2322	120.68. The department has the right to seek judicial review, in
2323	accordance with s. 120.68, of an administrative support order or
2324	a final order denying an administrative support order entered by
2325	an administrative law judge of the Division of Administrative
2326	Hearings.
2327	(b)  An administrative support order rendered under this
2328	section has the same force and effect as a court order and may
2329	be enforced by any circuit court in the same manner as a support
2330	order issued by the court, except for contempt. If the circuit
2331	court issues its own order enforcing the administrative support
2332	order, the circuit court may enforce its own order by contempt.
2333	The presumption of ability to pay and purge contempt established
2334	in s. 61.14(5)(a) applies to an administrative support order
2335	that includes a finding of present ability to pay. Enforcement
2336	by the court, without any change by the court in the support
2337	obligations established in the administrative support order,
2338	does not supersede the administrative support order or affect
2339	the department's authority to modify the administrative support
2340	order as provided by subsection (12). An order by the court that
2341	requires a the noncustodial parent to make periodic payments on
2342	arrearages does not constitute a change in the support
2343	obligations established in the administrative support order and
2344	does not supersede the administrative order.
2345	(13)  REQUIRED DISCLOSURES; PRESUMPTIONS; NOTICE SENT TO
2346	ADDRESS OF RECORD.--In all proceedings pursuant to this section:
2347	(a)  Each The noncustodial parent and custodial parent must
2348	execute and furnish to the department, no later than 20 days
2349	after receipt of the notice of proceeding to establish
2350	administrative support order, a financial affidavit in the form
2351	prescribed by the department. An updated financial affidavit
2352	must be executed and furnished to the department at the
2353	inception of each proceeding to modify an administrative support
2354	order. Caretaker relatives are not required to furnish financial
2355	affidavits.
2356	(b)  Each The noncustodial parent, custodial parent, and
2357	caretaker relative if applicable, shall disclose to the
2358	department, no later than 20 days after receipt of the notice of
2359	proceeding to establish administrative support order, and update
2360	as appropriate, information regarding his or her their identity
2361	and location, including names he or she is they are known by;
2362	social security number numbers; residential and mailing
2363	addresses; telephone numbers; driver's license numbers; and
2364	names, addresses, and telephone numbers of employers. Pursuant
2365	to the federal Personal Responsibility and Work Opportunity
2366	Reconciliation Act of 1996, each person must provide his or her
2367	social security number in accordance with this section.
2368	Disclosure of social security numbers obtained through this
2369	requirement shall be limited to the purpose of administration of
2370	the Title IV-D program for child support enforcement.
2371	(c)  Each The noncustodial parent, custodial parent, and
2372	caretaker relative, if applicable, have a continuing obligation
2373	to promptly inform the department in writing of any change in
2374	his or her their mailing address addresses to ensure receipt of
2375	all subsequent pleadings, notices, payments, statements, and
2376	orders, and receipt is presumed if sent by regular mail to the
2377	most recent address furnished by the person.
2378	(17)  EVALUATION.--The Office of Program Policy Analysis
2379	and Government Accountability shall conduct an evaluation of the
2380	statewide implementation of the administrative process for
2381	establishing child support provided for in this section. This
2382	evaluation shall examine whether these processes have been
2383	effectively implemented and administered statewide and are
2384	operating to the benefit of the children, including, but not
2385	limited to the ability of Title IV-D parents to easily access
2386	the court system for necessary court action. The Office of
2387	Program Policy Analysis and Government Accountability shall
2388	submit an evaluation report on the statewide implementation of
2389	the administrative processes for establishing child support by
2390	June 30, 2006.
2391	Section 22.  Subsections (1), (4), and (11) of section
2392	409.2564, Florida Statutes, are amended to read:
2393	409.2564  Actions for support.--
2394	(1)  In each case in which regular support payments are not
2395	being made as provided herein, the department shall institute,
2396	within 30 days after determination of the obligor's reasonable
2397	ability to pay, action as is necessary to secure the obligor's
2398	payment of current support and any arrearage which may have
2399	accrued under an existing order of support. The department shall
2400	notify the program attorney in the judicial circuit in which the
2401	recipient resides setting forth the facts in the case, including
2402	the obligor's address, if known, and the public assistance case
2403	number. Whenever applicable, the procedures established under
2404	the provisions of chapter 88, Uniform Interstate Family Support
2405	Act, chapter 61, Dissolution of Marriage; Support; Time-sharing
2406	Custody, chapter 39, Proceedings Relating to Children, chapter
2407	984, Children and Families in Need of Services, and chapter 985,
2408	Delinquency; Interstate Compact on Juveniles, may govern actions
2409	instituted under the provisions of this act, except that actions
2410	for support under chapter 39, chapter 984, or chapter 985
2411	brought pursuant to this act shall not require any additional
2412	investigation or supervision by the department.
2413	(4)  Whenever the Department of Revenue has undertaken an
2414	action for enforcement of support, the Department of Revenue may
2415	enter into an agreement with the obligor for the entry of a
2416	judgment determining paternity, if applicable, and for periodic
2417	child support payments based on the child support guidelines
2418	schedule in s. 61.30. Prior to entering into this agreement, the
2419	obligor shall be informed that a judgment will be entered based
2420	on the agreement. The clerk of the court shall file the
2421	agreement without the payment of any fees or charges, and the
2422	court, upon entry of the judgment, shall forward a copy of the
2423	judgment to the parties to the action. To encourage out-of-court
2424	settlement and promote support order compliance, if the obligor
2425	and the Department of Revenue agree on entry of a support order
2426	and its terms, the guideline amount owed for retroactive support
2427	that is permanently assigned to the state shall be reduced by 25
2428	percent.
2429	(11)  The Title IV-D agency shall review child support
2430	orders in IV-D cases at least every 3 years upon request by
2431	either party, or the agency in cases where there is an
2432	assignment of support to the state under s. 414.095(7), and may
2433	seek adjustment of the order if appropriate under the guidelines
2434	schedule established in s. 61.30. Not less than once every 3
2435	years the IV-D agency shall provide notice to the parties
2436	subject to the order informing them of their right to request a
2437	review and, if appropriate, an adjustment of the child support
2438	order. Said notice requirement may be met by including
2439	appropriate language in the initial support order or any
2440	subsequent orders.
2441	Section 23.  Paragraph (a) of subsection (2) of section
2442	409.25657, Florida Statutes, is amended to read:
2443	409.25657  Requirements for financial institutions.--
2444	(2)  The department shall develop procedures to enter into
2445	agreements with financial institutions doing business in the
2446	state, in coordination with such financial institutions and with
2447	the Federal Parent Locator Service in the case of financial
2448	institutions doing business in two or more states, to develop
2449	and operate a data match system, using automated data exchanges
2450	to the maximum extent feasible, in which each financial
2451	institution is required to provide for each calendar quarter the
2452	name, record address, social security number or other taxpayer
2453	identification number, average daily account balance, and other
2454	identifying information for:
2455	(a)  Each noncustodial parent who maintains an account at
2456	such institution and who owes past due support, as identified by
2457	the department by name and social security number or other
2458	taxpayer identification number; or
2459	Section 24.  Subsections (2) and (5) of section 409.25659,
2460	Florida Statutes, are amended to read:
2461	409.25659  Insurance claim data exchange.--
2462	(2)  The department shall develop and operate a data match
2463	system after consultation with one or more insurers, using
2464	automated data exchanges to the maximum extent feasible, in
2465	which an insurer may voluntarily provide the department monthly
2466	with the name, address, and, if known, date of birth and social
2467	security number or other taxpayer identification number for each
2468	noncustodial parent who has a claim with the insurer and who
2469	owes past due support, and the claim number maintained by the
2470	insurer for each claim. An insurer may provide such data by:
2471	(a)  Authorizing an insurance claim data collection
2472	organization, to which the insurer subscribes and to which the
2473	insurer submits the required claim data on at least a monthly
2474	basis, to:
2475	1.  Receive or access a data file from the department and
2476	conduct a data match of all noncustodial parents who have a
2477	claim with the insurer and who owe past due support and submit
2478	the required data for each such noncustodial parent to the
2479	department; or
2480	2.  Submit a data file to the department which contains the
2481	required data for each claim being maintained by the insurer for
2482	the department to conduct a data match;
2483	(b)  Providing the required data for each claim being
2484	maintained by the insurer directly to the department in an
2485	electronic medium; or
2486	(c)  Receiving or accessing a data file from the department
2487	and conducting a data match of all noncustodial parents who have
2488	a claim with the insurer and who owe past due support and
2489	submitting the required data for each such noncustodial parent
2490	to the department.
2491	(5)  The department and insurers may only use the data
2492	obtained pursuant to subsection (2) for the purpose of
2493	identifying noncustodial parents who owe past due support. If
2494	the department does not match such data with a noncustodial
2495	parent who owes past due support, such data shall be destroyed
2496	immediately and shall not be maintained by the department.
2497	Section 25.  Section 409.2577, Florida Statutes, is amended
2498	to read:
2499	409.2577  Parent locator service.--The department shall
2500	establish a parent locator service to assist in locating parents
2501	who have deserted their children and other persons liable for
2502	support of dependent children. The department shall use all
2503	sources of information available, including the Federal Parent
2504	Locator Service, and may request and shall receive information
2505	from the records of any person or the state or any of its
2506	political subdivisions or any officer thereof. Any agency as
2507	defined in s. 120.52, any political subdivision, and any other
2508	person shall, upon request, provide the department any
2509	information relating to location, salary, insurance, social
2510	security, income tax, and employment history necessary to locate
2511	parents who owe or potentially owe a duty of support pursuant to
2512	Title IV-D of the Social Security Act. This provision shall
2513	expressly take precedence over any other statutory nondisclosure
2514	provision which limits the ability of an agency to disclose such
2515	information, except that law enforcement information as provided
2516	in s. 119.071(4)(d) is not required to be disclosed, and except
2517	that confidential taxpayer information possessed by the
2518	Department of Revenue shall be disclosed only to the extent
2519	authorized in s. 213.053(16). Nothing in this section requires
2520	the disclosure of information if such disclosure is prohibited
2521	by federal law. Information gathered or used by the parent
2522	locator service is confidential and exempt from the provisions
2523	of s. 119.07(1). Additionally, the department is authorized to
2524	collect any additional information directly bearing on the
2525	identity and whereabouts of a person owing or asserted to be
2526	owing an obligation of support for a dependent child. The
2527	department shall, upon request, make information available only
2528	to public officials and agencies of this state; political
2529	subdivisions of this state, including any agency thereof
2530	providing child support enforcement services to non-Title IV-D
2531	clients; the custodial parent owed support, legal guardian,
2532	attorney, or agent of the child; and other states seeking to
2533	locate parents who have deserted their children and other
2534	persons liable for support of dependents, for the sole purpose
2535	of establishing, modifying, or enforcing their liability for
2536	support, and shall make such information available to the
2537	Department of Children and Family Services for the purpose of
2538	diligent search activities pursuant to chapter 39. If the
2539	department has reasonable evidence of domestic violence or child
2540	abuse and the disclosure of information could be harmful to the
2541	custodial parent owed support or the child of such parent, the
2542	child support program director or designee shall notify the
2543	Department of Children and Family Services and the Secretary of
2544	the United States Department of Health and Human Services of
2545	this evidence. Such evidence is sufficient grounds for the
2546	department to disapprove an application for location services.
2547	Section 26.  Paragraph (e) of subsection (1) of section
2548	409.2579, Florida Statutes, is amended to read:
2549	409.2579  Safeguarding Title IV-D case file information.--
2550	(1)  Information concerning applicants for or recipients of
2551	Title IV-D child support services is confidential and exempt
2552	from the provisions of s. 119.07(1). The use or disclosure of
2553	such information by the IV-D program is limited to purposes
2554	directly connected with:
2555	(e)  Mandatory disclosure of identifying and location
2556	information as provided in s. 61.13(7)(8) by the IV-D program
2557	when providing Title IV-D services.
2558	Section 27.  Subsection (11) of section 409.811, Florida
2559	Statutes, is amended to read:
2560	409.811  Definitions relating to Florida Kidcare Act.--As
2561	used in ss. 409.810-409.820, the term:
2562	(11)  "Family" means the group or the individuals whose
2563	income is considered in determining eligibility for the Florida
2564	Kidcare program. The family includes a child with a custodial
2565	parent or caretaker relative who resides in the same house or
2566	living unit or, in the case of a child whose disability of
2567	nonage has been removed under chapter 743, the child. The family
2568	may also include other individuals whose income and resources
2569	are considered in whole or in part in determining eligibility of
2570	the child.
2571	Section 28.  Subsection (5) of section 414.0252, Florida
2572	Statutes, is amended to read:
2573	414.0252  Definitions.--As used in ss. 414.025-414.55, the
2574	term:
2575	(5)  "Family" means the assistance group or the individuals
2576	whose needs, resources, and income are considered when
2577	determining eligibility for temporary assistance. The family for
2578	purposes of temporary assistance includes the minor child, a
2579	custodial parent, or caretaker relative who resides in the same
2580	house or living unit. The family may also include individuals
2581	whose income and resources are considered in whole or in part in
2582	determining eligibility for temporary assistance but whose
2583	needs, due to federal or state restrictions, are not considered.
2584	These individuals include, but are not limited to, ineligible
2585	noncitizens or sanctioned individuals.
2586	Section 29.  Paragraph (a) of subsection (4) and subsection
2587	(5) of section 414.065, Florida Statutes, are amended to read:
2588	414.065  Noncompliance with work requirements.--
2589	(4)  EXCEPTIONS TO NONCOMPLIANCE PENALTIES.--Unless
2590	otherwise provided, the situations listed in this subsection
2591	shall constitute exceptions to the penalties for noncompliance
2592	with participation requirements, except that these situations do
2593	not constitute exceptions to the applicable time limit for
2594	receipt of temporary cash assistance:
2595	(a)  Noncompliance related to child care.--Temporary cash
2596	assistance may not be terminated for refusal to participate in
2597	work activities if the individual is a single custodial parent
2598	caring for a child who has not attained 6 years of age, and the
2599	adult proves to the regional workforce board an inability to
2600	obtain needed child care for one or more of the following
2601	reasons, as defined in the Child Care and Development Fund State
2602	Plan required by 45 C.F.R. part 98:
2603	1.  Unavailability of appropriate child care within a
2604	reasonable distance from the individual's home or worksite.
2605	2.  Unavailability or unsuitability of informal child care
2606	by a relative or under other arrangements.
2607	3.  Unavailability of appropriate and affordable formal
2608	child care arrangements.
2609	(5)  WORK ACTIVITY REQUIREMENTS FOR NONCUSTODIAL PARENTS.--
2610	(a)  The court may order a noncustodial parent who is
2611	delinquent in support payments, pursuant to the terms of a
2612	support order, to participate in work activities under this
2613	chapter, or as provided in s. 61.14(5)(b), so that the parent
2614	may obtain employment and fulfill the obligation to provide
2615	support payments. A noncustodial parent who fails to
2616	satisfactorily engage in court-ordered work activities may be
2617	held in contempt.
2618	(b)  The court may order a noncustodial parent to
2619	participate in work activities under this chapter if the child
2620	of the noncustodial parent has been placed with a relative, in
2621	an emergency shelter, in foster care, or in other substitute
2622	care, and:
2623	1.  The case plan requires the noncustodial parent to
2624	participate in work activities; or
2625	2.  The noncustodial parent would be eligible to
2626	participate in work activities and subject to work activity
2627	requirements if the child were living with the parent.
2628
2629	If a noncustodial parent fails to comply with the case plan, the
2630	noncustodial parent may be removed from program participation.
2631	Section 30.  Paragraph (c) of subsection (1) of section
2632	414.085, Florida Statutes, is amended to read:
2633	414.085  Income eligibility standards.--
2634	(1)  For purposes of program simplification and effective
2635	program management, certain income definitions, as outlined in
2636	the food stamp regulations at 7 C.F.R. s. 273.9, shall be
2637	applied to the temporary cash assistance program as determined
2638	by the department to be consistent with federal law regarding
2639	temporary cash assistance and Medicaid for needy families,
2640	except as to the following:
2641	(c)  The first $50 of child support paid to a custodial
2642	parent receiving temporary cash assistance may not be
2643	disregarded in calculating the amount of temporary cash
2644	assistance for the family, unless such exclusion is required by
2645	federal law.
2646	Section 31.  Subsection (2) and paragraph (a) of subsection
2647	(6) of section 414.095, Florida Statutes, are amended to read:
2648	414.095  Determining eligibility for temporary cash
2649	assistance.--
2650	(2)  ADDITIONAL ELIGIBILITY REQUIREMENTS.--
2651	(a)  To be eligible for services or temporary cash
2652	assistance and Medicaid:
2653	1.  An applicant must be a United States citizen, or a
2654	qualified noncitizen, as defined in this section.
2655	2.  An applicant must be a legal resident of the state.
2656	3.  Each member of a family must provide to the department
2657	the member's social security number or shall provide proof of
2658	application for a social security number. An individual who
2659	fails to provide a social security number, or proof of
2660	application for a social security number, is not eligible to
2661	participate in the program.
2662	4.  A minor child must reside with a custodial parent or
2663	parents, with a relative caretaker who is within the specified
2664	degree of blood relationship as defined by 45 C.F.R. part 233,
2665	or, if the minor is a teen parent with a child, in a setting
2666	approved by the department as provided in subsection (14).
2667	5.  Each family must have a minor child and meet the income
2668	and resource requirements of the program. All minor children who
2669	live in the family, as well as the parents of the minor
2670	children, shall be included in the eligibility determination
2671	unless specifically excluded.
2672	(b)  The following members of a family are eligible to
2673	participate in the program if all eligibility requirements are
2674	met:
2675	1.  A minor child who resides with a custodial parent or
2676	other adult caretaker relative.
2677	2.  The parent of a minor child with whom the child
2678	resides.
2679	3.  The caretaker relative with whom the minor child
2680	resides who chooses to have her or his needs and income included
2681	in the family.
2682	4.  Unwed minor children and their children if the unwed
2683	minor child lives at home or in an adult-supervised setting and
2684	if temporary cash assistance is paid to an alternative payee.
2685	5.  A pregnant woman.
2686	(6)  CHILD SUPPORT ENFORCEMENT.--As a condition of
2687	eligibility for public assistance, the family must cooperate
2688	with the state agency responsible for administering the child
2689	support enforcement program in establishing the paternity of the
2690	child, if the child is born out of wedlock, and in obtaining
2691	support for the child or for the parent or caretaker relative
2692	and the child. Cooperation is defined as:
2693	(a)  Assisting in identifying and locating a noncustodial
2694	parent with an obligation to pay child support and providing
2695	complete and accurate information on that parent;
2696
2697	This subsection does not apply if the state agency that
2698	administers the child support enforcement program determines
2699	that the parent or caretaker relative has good cause for failing
2700	to cooperate.
2701	Section 32.  Subsection (1) of section 414.295, Florida
2702	Statutes, is amended to read:
2703	414.295  Temporary cash assistance programs; public records
2704	exemption.--
2705	(1)  Personal identifying information of a temporary cash
2706	assistance program participant, a participant's family, or a
2707	participant's family or household member, except for information
2708	identifying a noncustodial parent with an obligation to pay
2709	child support, held by the department, the Agency for Workforce
2710	Innovation, Workforce Florida, Inc., the Department of Health,
2711	the Department of Revenue, the Department of Education, or a
2712	regional workforce board or local committee created pursuant to
2713	s. 445.007 is confidential and exempt from s. 119.07(1) and s.
2714	24(a), Art. I of the State Constitution. Such confidential and
2715	exempt information may be released for purposes directly
2716	connected with:
2717	(a)  The administration of the temporary assistance for
2718	needy families plan under Title IV-A of the Social Security Act,
2719	as amended, by the department, the Agency for Workforce
2720	Innovation, Workforce Florida, Inc., the Department of Military
2721	Affairs, the Department of Health, the Department of Revenue,
2722	the Department of Education, a regional workforce board or local
2723	committee created pursuant to s. 445.007, or a school district.
2724	(b)  The administration of the state's plan or program
2725	approved under Title IV-B, Title IV-D, or Title IV-E of the
2726	Social Security Act, as amended, or under Title I, Title X,
2727	Title XIV, Title XVI, Title XIX, Title XX, or Title XXI of the
2728	Social Security Act, as amended.
2729	(c)  Any investigation, prosecution, or any criminal,
2730	civil, or administrative proceeding conducted in connection with
2731	the administration of any of the plans or programs specified in
2732	paragraph (a) or paragraph (b) by a federal, state, or local
2733	governmental entity, upon request by that entity, when such
2734	request is made pursuant to the proper exercise of that entity's
2735	duties and responsibilities.
2736	(d)  The administration of any other state, federal, or
2737	federally assisted program that provides assistance or services
2738	on the basis of need, in cash or in kind, directly to a
2739	participant.
2740	(e)  Any audit or similar activity, such as a review of
2741	expenditure reports or financial review, conducted in connection
2742	with the administration of any of the plans or programs
2743	specified in paragraph (a) or paragraph (b) by a governmental
2744	entity authorized by law to conduct such audit or activity.
2745	(f)  The administration of the unemployment compensation
2746	program.
2747	(g)  The reporting to the appropriate agency or official of
2748	information about known or suspected instances of physical or
2749	mental injury, sexual abuse or exploitation, or negligent
2750	treatment or maltreatment of a child or elderly person receiving
2751	assistance, if circumstances indicate that the health or welfare
2752	of the child or elderly person is threatened.
2753	(h)  The administration of services to elderly persons
2754	under ss. 430.601-430.606.
2755	Section 33.  Paragraph (c) of subsection (3) of section
2756	445.024, Florida Statutes, is amended to read:
2757	445.024  Work requirements.--
2758	(3)  EXEMPTION FROM WORK ACTIVITY REQUIREMENTS.--The
2759	following individuals are exempt from work activity
2760	requirements:
2761	(c)  A single custodial parent of a child under 3 months of
2762	age, except that the parent may be required to attend parenting
2763	classes or other activities to better prepare for the
2764	responsibilities of raising a child.
2765	Section 34.  Paragraphs (b), (c), and (d) of subsection (3)
2766	of section 741.0306, Florida Statutes, are amended to read:
2767	741.0306  Creation of a family law handbook.--
2768	(3)  The information contained in the handbook or other
2769	electronic media presentation may be reviewed and updated
2770	annually, and may include, but need not be limited to:
2771	(b)  Shared parental responsibility for children and; the
2772	determination of a parenting plan, including a time-sharing
2773	schedule primary residence or custody and secondary residence or
2774	routine visitation, holiday, summer, and vacation visitation
2775	arrangements, telephone access, and the process for notice for
2776	changes.
2777	(c)  Permanent relocation restrictions on parents with
2778	primary residential responsibility.
2779	(d)  Child support for minor children; both parents are
2780	obligated for support in accordance with applicable child
2781	support guidelines schedule.
2782	Section 35.  Paragraphs (b) and (d) of subsection (3),
2783	paragraph (a) of subsection (5), and paragraph (a) of subsection
2784	(6) of section 741.30, Florida Statutes, are amended to read:
2785	741.30  Domestic violence; injunction; powers and duties of
2786	court and clerk; petition; notice and hearing; temporary
2787	injunction; issuance of injunction; statewide verification
2788	system; enforcement.--
2789	(3)
2790	(b)  The sworn petition shall be in substantially the
2791	following form:
2792
2793	PETITION FOR
2794	INJUNCTION FOR PROTECTION
2795	AGAINST DOMESTIC VIOLENCE
2796
2797	Before me, the undersigned authority, personally appeared
2798	Petitioner   (Name)  , who has been sworn and says that the
2799	following statements are true:
2800	(a)  Petitioner resides at:   (address)
2801	(Petitioner may furnish address to the court in a separate
2802	confidential filing if, for safety reasons, the petitioner
2803	requires the location of the current residence to be
2804	confidential.)
2805	(b)  Respondent resides at:   (last known address)
2806	(c)  Respondent's last known place of employment:   (name
2807	of business and address)
2808	(d)  Physical description of respondent: _____
2809	Race_____
2810	Sex_____
2811	Date of birth_____
2812	Height_____
2813	Weight_____
2814	Eye color_____
2815	Hair color_____
2816	Distinguishing marks or scars_____
2817	(e)  Aliases of respondent: _____
2818	(f)  Respondent is the spouse or former spouse of the
2819	petitioner or is any other person related by blood or marriage
2820	to the petitioner or is any other person who is or was residing
2821	within a single dwelling unit with the petitioner, as if a
2822	family, or is a person with whom the petitioner has a child in
2823	common, regardless of whether the petitioner and respondent are
2824	or were married or residing together, as if a family.
2825	(g)  The following describes any other cause of action
2826	currently pending between the petitioner and respondent:
2827
2828	The petitioner should also describe any previous or pending
2829	attempts by the petitioner to obtain an injunction for
2830	protection against domestic violence in this or any other
2831	circuit, and the results of that attempt
2832
2833	Case numbers should be included if available.
2834	(h)  Petitioner is either a victim of domestic violence or
2835	has reasonable cause to believe he or she is in imminent danger
2836	of becoming a victim of domestic violence because respondent has
2837	_____(mark all sections that apply and describe in the spaces
2838	below the incidents of violence or threats of violence,
2839	specifying when and where they occurred, including, but not
2840	limited to, locations such as a home, school, place of
2841	employment, or visitation exchange)_____:
2842	_____committed or threatened to commit domestic violence
2843	defined in s. 741.28, Florida Statutes, as any assault,
2844	aggravated assault, battery, aggravated battery, sexual assault,
2845	sexual battery, stalking, aggravated stalking, kidnapping, false
2846	imprisonment, or any criminal offense resulting in physical
2847	injury or death of one family or household member by another.
2848	With the exception of persons who are parents of a child in
2849	common, the family or household members must be currently
2850	residing or have in the past resided together in the same single
2851	dwelling unit.
2852	_____previously threatened, harassed, stalked, or
2853	physically abused the petitioner.
2854	_____attempted to harm the petitioner or family members or
2855	individuals closely associated with the petitioner.
2856	_____threatened to conceal, kidnap, or harm the
2857	petitioner's child or children.
2858	_____intentionally injured or killed a family pet.
2859	_____used, or has threatened to use, against the petitioner
2860	any weapons such as guns or knives.
2861	_____physically restrained the petitioner from leaving the
2862	home or calling law enforcement.
2863	_____a criminal history involving violence or the threat of
2864	violence (if known).
2865	_____another order of protection issued against him or her
2866	previously or from another jurisdiction (if known).
2867	_____destroyed personal property, including, but not
2868	limited to, telephones or other communication equipment,
2869	clothing, or other items belonging to the petitioner.
2870	_____engaged in any other behavior or conduct that leads
2871	the petitioner to have reasonable cause to believe he or she is
2872	in imminent danger of becoming a victim of domestic violence.
2873	(i)  Petitioner alleges the following additional specific
2874	facts: (mark appropriate sections)
2875	_____ A minor child or minor children reside with the
2876	petitioner is the custodian of a minor child or children whose
2877	names and ages are as follows:
2878
2879	_____Petitioner needs the exclusive use and possession of
2880	the dwelling that the parties share.
2881	_____Petitioner is unable to obtain safe alternative
2882	housing because:
2883	_____Petitioner genuinely fears that respondent imminently
2884	will abuse, remove, or hide the minor child or children from
2885	petitioner because:
2886
2887	(j)  Petitioner genuinely fears imminent domestic violence
2888	by respondent.
2889	(k)  Petitioner seeks an injunction: (mark appropriate
2890	section or sections)
2891	_____Immediately restraining the respondent from committing
2892	any acts of domestic violence.
2893	_____Restraining the respondent from committing any acts of
2894	domestic violence.
2895	_____Awarding to the petitioner the temporary exclusive use
2896	and possession of the dwelling that the parties share or
2897	excluding the respondent from the residence of the petitioner.
2898	_____Providing a temporary parenting plan, including a
2899	temporary time-sharing schedule Awarding temporary custody of,
2900	or temporary visitation rights with regard to, the minor child
2901	or children of the parties which might involve, or prohibiting
2902	or limiting time-sharing or requiring that it be visitation to
2903	that which is supervised by a third party.
2904	_____Establishing temporary support for the minor child or
2905	children or the petitioner.
2906	_____Directing the respondent to participate in a
2907	batterers' intervention program or other treatment pursuant to
2908	s. 39.901, Florida Statutes.
2909	_____Providing any terms the court deems necessary for the
2910	protection of a victim of domestic violence, or any minor
2911	children of the victim, including any injunctions or directives
2912	to law enforcement agencies.
2913	(d)  If the sworn petition seeks to determine a parenting
2914	plan and time-sharing schedule issues of custody or visitation
2915	with regard to the minor child or children of the parties, the
2916	sworn petition shall be accompanied by or shall incorporate the
2917	allegations required by s. 61.522 of the Uniform Child Custody
2918	Jurisdiction and Enforcement Act.
2919	(5)(a)  When it appears to the court that an immediate and
2920	present danger of domestic violence exists, the court may grant
2921	a temporary injunction ex parte, pending a full hearing, and may
2922	grant such relief as the court deems proper, including an
2923	injunction:
2924	1.  Restraining the respondent from committing any acts of
2925	domestic violence.
2926	2.  Awarding to the petitioner the temporary exclusive use
2927	and possession of the dwelling that the parties share or
2928	excluding the respondent from the residence of the petitioner.
2929	3.  On the same basis as provided in s. 61.13, providing
2930	the petitioner with 100 percent of the time-sharing that shall
2931	remain granting to the petitioner temporary custody of a minor
2932	child. An order of temporary custody remains in effect until the
2933	order expires or an order is entered by a court of competent
2934	jurisdiction in a pending or subsequent civil action or
2935	proceeding affecting the placement of, access to, parental time
2936	with, adoption of, or parental rights and responsibilities for
2937	the minor child.
2938	(6)(a)  Upon notice and hearing, when it appears to the
2939	court that the petitioner is either the victim of domestic
2940	violence as defined by s. 741.28 or has reasonable cause to
2941	believe he or she is in imminent danger of becoming a victim of
2942	domestic violence, the court may grant such relief as the court
2943	deems proper, including an injunction:
2944	1.  Restraining the respondent from committing any acts of
2945	domestic violence.
2946	2.  Awarding to the petitioner the exclusive use and
2947	possession of the dwelling that the parties share or excluding
2948	the respondent from the residence of the petitioner.
2949	3.  On the same basis as provided in chapter 61, providing
2950	the petitioner with 100 percent of the time-sharing in a
2951	temporary parenting plan that shall remain awarding temporary
2952	custody of, or temporary visitation rights with regard to, a
2953	minor child or children of the parties. An order of temporary
2954	custody or visitation remains in effect until the order expires
2955	or an order is entered by a court of competent jurisdiction in a
2956	pending or subsequent civil action or proceeding affecting the
2957	placement of, access to, parental time with, adoption of, or
2958	parental rights and responsibilities for the minor child.
2959	4.  On the same basis as provided in chapter 61,
2960	establishing temporary support for a minor child or children or
2961	the petitioner. An order of temporary support remains in effect
2962	until the order expires or an order is entered by a court of
2963	competent jurisdiction in a pending or subsequent civil action
2964	or proceeding affecting child support.
2965	5.  Ordering the respondent to participate in treatment,
2966	intervention, or counseling services to be paid for by the
2967	respondent. When the court orders the respondent to participate
2968	in a batterers' intervention program, the court, or any entity
2969	designated by the court, must provide the respondent with a list
2970	of all certified batterers' intervention programs and all
2971	programs which have submitted an application to the Department
2972	of Children and Family Services to become certified under s.
2973	741.32, from which the respondent must choose a program in which
2974	to participate. If there are no certified batterers'
2975	intervention programs in the circuit, the court shall provide a
2976	list of acceptable programs from which the respondent must
2977	choose a program in which to participate.
2978	6.  Referring a petitioner to a certified domestic violence
2979	center. The court must provide the petitioner with a list of
2980	certified domestic violence centers in the circuit which the
2981	petitioner may contact.
2982	7.  Ordering such other relief as the court deems necessary
2983	for the protection of a victim of domestic violence, including
2984	injunctions or directives to law enforcement agencies, as
2985	provided in this section.
2986	Section 36.  Subsections (1) and (2) of section 742.031,
2987	Florida Statutes, are amended to read:
2988	742.031  Hearings; court orders for support, hospital
2989	expenses, and attorney's fee.--
2990	(1)  Hearings for the purpose of establishing or refuting
2991	the allegations of the complaint and answer shall be held in the
2992	chambers and may be restricted to persons, in addition to the
2993	parties involved and their counsel, as the judge in his or her
2994	discretion may direct. The court shall determine the issues of
2995	paternity of the child and the ability of the parents to support
2996	the child. Each party's social security number shall be recorded
2997	in the file containing the adjudication of paternity. If the
2998	court finds that the alleged father is the father of the child,
2999	it shall so order. If appropriate, the court shall order the
3000	father to pay the complainant, her guardian, or any other person
3001	assuming responsibility for the child moneys sufficient to pay
3002	reasonable attorney's fees, hospital or medical expenses, cost
3003	of confinement, and any other expenses incident to the birth of
3004	the child and to pay all costs of the proceeding. Bills for
3005	pregnancy, childbirth, and scientific testing are admissible as
3006	evidence without requiring third-party foundation testimony, and
3007	shall constitute prima facie evidence of amounts incurred for
3008	such services or for testing on behalf of the child. The court
3009	shall order either or both parents owing a duty of support to
3010	the child to pay support pursuant to s. 61.30. The court shall
3011	issue, upon motion by a party, a temporary order requiring the
3012	provision of child support pursuant to s. 61.30 pending an
3013	administrative or judicial determination of parentage, if there
3014	is clear and convincing evidence of paternity on the basis of
3015	genetic tests or other evidence. The court may also make a
3016	determination of an appropriate parenting plan, including a
3017	time-sharing schedule, as to the parental responsibility and
3018	residential care and custody of the minor children in accordance
3019	with chapter 61.
3020	(2)  If a judgment of paternity contains only a child
3021	support award with no parenting plan or time-sharing schedule,
3022	the obligee parent shall receive all of the time-sharing and
3023	sole parental responsibility no explicit award of custody, the
3024	establishment of a support obligation or of visitation rights in
3025	one parent shall be considered a judgment granting primary
3026	residential care and custody to the other parent without
3027	prejudice to the obligor parent. If a paternity judgment
3028	contains no such provisions, custody shall be presumed to be
3029	with the mother shall be presumed to have all of the time-
3030	sharing and sole parental responsibility.
3031	Section 37.  Subsection (3) of section 753.01, Florida
3032	Statutes, is amended to read:
3033	753.01  Definitions.--As used in this chapter, the term:
3034	(3)  "Exchange monitoring" means supervision of movement of
3035	a child from one parent the custodial to the other noncustodial
3036	parent at the start of the visit and back to the first custodial
3037	parent at the end of the visit.
3038	Section 38.  Subsection (1) of section 827.06, Florida
3039	Statutes, is amended to read:
3040	827.06  Nonsupport of dependents.--
3041	(1)  The Legislature finds that most noncustodial parents
3042	want to support their children and remain connected to their
3043	families. The Legislature also finds that while many
3044	noncustodial parents lack the financial resources and other
3045	skills necessary to provide that support, some parents willfully
3046	fail to provide support to their children even when they are
3047	aware of the obligation and have the ability to do so. The
3048	Legislature further finds that existing statutory provisions for
3049	civil enforcement of support have not proven sufficiently
3050	effective or efficient in gaining adequate support for all
3051	children. Recognizing that it is the public policy of this state
3052	that children shall be maintained primarily from the resources
3053	of their parents, thereby relieving, at least in part, the
3054	burden presently borne by the general citizenry through public
3055	assistance programs, it is the intent of the Legislature that
3056	the criminal penalties provided for in this section are to be
3057	pursued in all appropriate cases where civil enforcement has not
3058	resulted in payment.
3059	Section 39.  For the purpose of incorporating the amendment
3060	made by this act to section 741.30, Florida Statutes, in a
3061	reference thereto, paragraph (a) of subsection (3) of section
3062	61.1825, Florida Statutes, is reenacted to read:
3063	61.1825  State Case Registry.--
3064	(3)(a)  For the purpose of this section, a family violence
3065	indicator must be placed on a record when:
3066	1.  A party executes a sworn statement requesting that a
3067	family violence indicator be placed on that party's record which
3068	states that the party has reason to believe that release of
3069	information to the Federal Case Registry may result in physical
3070	or emotional harm to the party or the child; or
3071	2.  A temporary or final injunction for protection against
3072	domestic violence has been granted pursuant to s. 741.30(6), an
3073	injunction for protection against domestic violence has been
3074	issued by a court of a foreign state pursuant to s. 741.315, or
3075	a temporary or final injunction for protection against repeat
3076	violence has been granted pursuant to s. 784.046; or
3077	3.  The department has received information on a Title IV-D
3078	case from the Domestic Violence and Repeat Violence Injunction
3079	Statewide Verification System, established pursuant to s.
3080	784.046(8)(b), that a court has granted a party a domestic
3081	violence or repeat violence injunction.
3082	Section 40.  This act shall take effect October 1, 2008.

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