CS/CS/CS/CS/HB 541

1	A bill to be entitled
2	An act relating to parental responsibility and time-
3	sharing; amending s. 61.046, F.S.; redefining the terms
4	"parenting plan" and "parenting plan recommendation";
5	amending s. 61.13, F.S., relating to child support,
6	parenting plans, and time-sharing; deleting obsolete
7	provisions; providing conditions under which support
8	payments are not subject to immediate income deduction;
9	providing that payment of certain support orders be made
10	to the State Disbursement Unit; requiring a parenting plan
11	to include the address to be used for determining school
12	boundaries; revising the elements of the rebuttable
13	presumption that shared parental responsibility is
14	detrimental to a child when a parent is convicted of a
15	crime involving domestic violence; providing that the
16	presumption applies, in addition to a crime that is a
17	felony of the third degree or higher, to a crime that is a
18	misdemeanor of the first degree or higher the victim of
19	which was the other parent or a spouse or is a child
20	affected by the parenting plan; allowing the modification
21	of a parenting plan only upon a showing of substantially
22	changed circumstances; requiring a court to make explicit
23	written findings if, when determining the best interests
24	of a child for the purposes of shared parental
25	responsibility and visitation, the court considered
26	evidence of domestic or sexual violence and child abuse,
27	abandonment, or neglect; amending s. 61.13001, F.S.,
28	relating to parental relocation with a child; deleting a
29	definition and redefining the terms "other person,"
30	"parent," and "relocation"; substituting the term "access
31	to" for "visitation"; revising provisions relating to a
32	petition to relocate and responses thereto; revising the
33	time period within which a response to the petition
34	objecting to relocation must be made; requiring a hearing
35	on a motion seeking a temporary relocation to be held
36	within a certain time period; providing for applicability
37	of changes made by the act; amending ss. 61.183, 61.20,
38	61.21, and 61.30, F.S.; conforming provisions to changes
39	made by the act; amending s. 741.30, F.S., relating to
40	domestic violence; authorizing a court to issue an ex
41	parte injunction that provides a temporary parenting plan;
42	providing an effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Subsections (13) and (14) of section 61.046,
47	Florida Statutes, are amended to read:
48	61.046  Definitions.--As used in this chapter, the term:
49	(13)  "Parenting plan" means a document created to govern
50	the relationship between the parents parties relating to the
51	decisions that must be made regarding the minor child and shall
52	contain a time-sharing schedule for the parents and child. The
53	issues concerning the minor child may include, but are not
54	limited to, the child's education, health care, and physical,
55	social, and emotional well-being. In creating the plan, all
56	circumstances between the parents parties, including their the
57	parties' historic relationship, domestic violence, and other
58	factors must be taken into consideration.
59	(a)  The parenting plan shall be:
60	1.  Developed and agreed to by the parents and approved by
61	a court; or,
62	2.  If the parents cannot agree, Established by the court
63	with or without the use of a court-ordered parenting plan
64	recommendation, if the parties cannot agree to a plan or the
65	parents' agreed-upon plan is not approved by the court.
66	(b)(a)  Any parenting plan formulated under this chapter
67	must address all jurisdictional issues, including, but not
68	limited to, the Uniform Child Custody Jurisdiction and
69	Enforcement Act, part II of this chapter, the International
70	Child Abduction Remedies Act, 42 U.S.C. ss. 11601 et seq., the
71	Parental Kidnapping Prevention Act, and the Convention on the
72	Civil Aspects of International Child Abduction enacted at the
73	Hague on October 25, 1980.
74	(c)(b)  For purposes of the application of the Uniform
75	Child Custody Jurisdiction and Enforcement Act, part II of this
76	chapter, a judgment or order incorporating a parenting plan
77	under this part is a child custody determination under part II
78	of this chapter.
79	(d)(c)  For purposes of the International Child Abduction
80	Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on
81	the Civil Aspects of International Child Abduction, enacted at
82	the Hague on October 25, 1980, rights of custody and rights of
83	access are shall be determined pursuant to under the parenting
84	plan under this part.
85	(14)  "Parenting plan recommendation" means a nonbinding
86	recommendation concerning one or more elements of a parenting
87	plan made by a person who meets the same qualifications as a
88	person listed under s. 61.20(2), by a guardian ad litem
89	appointed pursuant to s. 61.401, or by a licensed mental health
90	professional appointed by the court psychologist licensed under
91	chapter 490.
92	Section 2.  Paragraph (d) of subsection (1) and subsections
93	(2), (3), and (6) of section 61.13, Florida Statutes, are
94	amended to read:
95	61.13  Support of children; parenting and time-sharing;
96	powers of court.--
97	(1)
98	(d)1.  Unless the provisions of subparagraph 3. apply, all
99	child support orders entered on or after January 1, 1985, shall
100	direct that the payments of child support be made as provided in
101	s. 61.181 through the depository in the county where the court
102	is located. All child support orders shall provide the full name
103	and date of birth of each minor child who is the subject of the
104	child support order.
105	2.  Unless the provisions of subparagraph 3. apply, all
106	child support orders entered before January 1, 1985, shall be
107	modified by the court to direct that payments of child support
108	shall be made through the depository in the county where the
109	court is located upon the subsequent appearance of either or
110	both parents to modify or enforce the order, or in any related
111	proceeding.
112	2.3.  If both parties request and the court finds that it
113	is in the best interest of the child, support payments need not
114	be subject to immediate income deduction. Support orders that
115	are not subject to immediate income deduction may be directed
116	through the depository under s. 61.181. Payments for all support
117	orders that provide for immediate income deduction shall be made
118	to the State Disbursement Unit. The order of support shall
119	provide, or shall be deemed to provide, that either party may
120	subsequently apply to the depository to require direction of the
121	payments through the depository. The court shall provide a copy
122	of the order to the depository.
123	3.4.  For support orders that do not provide for immediate
124	income deduction if the parties elect not to require that
125	support payments be made through the depository, any party, or
126	the IV-D agency in a IV-D case, may subsequently file an
127	affidavit with the State Disbursement Unit depository alleging a
128	default in payment of child support and stating that the party
129	wishes to require that payments be made through the State
130	Disbursement Unit depository. The party shall provide copies of
131	the affidavit to the court and to each other party. Fifteen days
132	after receipt of the affidavit, the State Disbursement Unit
133	depository shall notify all both parties that future payments
134	shall be paid through the State Disbursement Unit depository.
135	5.  In IV-D cases, the IV-D agency shall have the same
136	rights as the obligee in requesting that payments be made
137	through the depository.
138	(2)(a)  The court may shall have jurisdiction to approve,
139	grant, or modify a parenting plan, notwithstanding that the
140	child is not physically present in this state at the time of
141	filing any proceeding under this chapter, if it appears to the
142	court that the child was removed from this state for the primary
143	purpose of removing the child from the court's jurisdiction of
144	the court in an attempt to avoid the court's approval, creation,
145	or modification of a parenting plan.
146	(b)  A Any parenting plan approved by the court shall must,
147	at a minimum, describe in adequate detail how the parents will
148	share and be responsible for the daily tasks associated with the
149	upbringing of the child;, the time-sharing schedule arrangements
150	that specify the time that the minor child will spend with each
151	parent;, a designation of who will be responsible for any and
152	all forms of health care, school-related matters, including the
153	address to be used for school-boundary determination and
154	registration, and other activities;, and the methods and
155	technologies that the parents will use to communicate with the
156	child.
157	(c)1.  The court shall determine all matters relating to
158	parenting and time-sharing of each minor child of the parties in
159	accordance with the best interests of the child and in
160	accordance with the Uniform Child Custody Jurisdiction and
161	Enforcement Act, except that modification of a parenting plan
162	and time-sharing schedule requires a showing of a substantial,
163	material change of circumstances that was not reasonably
164	contemplated at the time of the final judgment or final order
165	sought to be modified.
166	1.  It is the public policy of this state to assure that
167	each minor child has frequent and continuing contact with both
168	parents after the parents separate or the marriage of the
169	parties is dissolved and to encourage parents to share the
170	rights and responsibilities, and joys, of childrearing. There is
171	no presumption for or against the father or mother of the child
172	or for or against any specific time-sharing schedule when
173	creating or modifying the parenting plan of the child.
174	2.  The court shall order that the parental responsibility
175	for a minor child be shared by both parents unless the court
176	finds that shared parental responsibility would be detrimental
177	to the child. Evidence that a parent has been convicted of a
178	felony of the third degree or higher involving domestic
179	violence, as defined in s. 741.28 and chapter 775, or meets the
180	criteria of s. 39.806(1)(d), creates a rebuttable presumption of
181	detriment to the child. Evidence that a parent has been
182	convicted of a misdemeanor of the first degree involving
183	domestic violence, as defined in s. 741.28 and chapter 775, or
184	meets the criteria of s. 39.806(1)(d), where a victim of such
185	offense was the other parent or a spouse or is a child affected
186	by the parenting plan, also creates a rebuttable presumption of
187	detriment to the child. If the presumption is not rebutted,
188	shared parental responsibility, including time-sharing with the
189	child, and decisions made regarding the child, may not be
190	granted to the convicted parent. However, the convicted parent
191	is not relieved of any obligation to provide financial support.
192	If the court determines that shared parental responsibility
193	would be detrimental to the child, it may order sole parental
194	responsibility and make such arrangements for time-sharing as
195	specified in the parenting plan as will best protect the child
196	or abused spouse from further harm. Whether or not there is a
197	conviction of any offense of domestic violence or child abuse or
198	the existence of an injunction for protection against domestic
199	violence, the court shall consider evidence of domestic violence
200	or child abuse as evidence of detriment to the child.
201	a.  In ordering shared parental responsibility, the court
202	may consider the expressed desires of the parents and may grant
203	to one party the ultimate responsibility over specific aspects
204	of the child's welfare or may divide those responsibilities
205	between the parties based on the best interests of the child.
206	Areas of responsibility may include education, health care, and
207	any other responsibilities that the court finds unique to a
208	particular family.
209	b.  The court shall order "sole parental responsibility for
210	a minor child to one parent, with or without time-sharing with
211	the other parent" if when it is in the best interests of the
212	minor child.
213	3.  Access to records and information pertaining to a minor
214	child, including, but not limited to, medical, dental, and
215	school records, may not be denied to either parent. Full rights
216	under this subparagraph apply to either parent unless a court
217	order specifically revokes these rights, including any
218	restrictions on these rights as provided in a domestic violence
219	injunction. A parent having rights under this subparagraph has
220	the same rights upon request as to form, substance, and manner
221	of access as are available to the other parent of a child,
222	including, without limitation, the right to in-person
223	communication with medical, dental, and education providers.
224	(d)  The circuit court in the county in which either parent
225	and the child reside or the circuit court in which the original
226	order approving or creating the parenting plan was entered may
227	has jurisdiction to modify the parenting plan. The court may
228	change the venue in accordance with s. 47.122.
229	(3)  For purposes of establishing or modifying parental
230	responsibility and creating, developing, approving, or modifying
231	a parenting plan, including a time-sharing schedule, which
232	governs each parent's relationship with his or her minor child
233	and the relationship between each parent with regard to his or
234	her minor child, the best interest of the child shall be the
235	primary consideration. A determination of parental
236	responsibility, a parenting plan, or a time-sharing schedule may
237	not be modified without a showing of a substantial, material
238	change of circumstances that was not reasonably contemplated at
239	the time of the final judgment or final order sought to be
240	modified and a determination that the modification is in the
241	best interests of the child. Determination of the best interests
242	of the child shall be made by evaluating all of the factors
243	affecting the welfare and interests of the particular minor
244	child and the circumstances of that family, including, but not
245	limited to:
246	(a)  The demonstrated capacity and disposition of each
247	parent to facilitate and encourage a close and continuing
248	parent-child relationship, to honor the time-sharing schedule,
249	and to be reasonable when changes are required.
250	(b)  The anticipated division of parental responsibilities
251	after the litigation, including the extent to which parental
252	responsibilities will be delegated to third parties.
253	(c)  The demonstrated capacity and disposition of each
254	parent to determine, consider, and act upon the needs of the
255	child as opposed to the needs or desires of the parent.
256	(d)  The length of time the child has lived in a stable,
257	satisfactory environment and the desirability of maintaining
258	continuity.
259	(e)  The geographic viability of the parenting plan, with
260	special attention paid to the needs of school-age children and
261	the amount of time to be spent traveling to effectuate the
262	parenting plan. This factor does not create a presumption for or
263	against relocation of either parent with a child.
264	(f)  The moral fitness of the parents.
265	(g)  The mental and physical health of the parents.
266	(h)  The home, school, and community record of the child.
267	(i)  The reasonable preference of the child, if the court
268	deems the child to be of sufficient intelligence, understanding,
269	and experience to express a preference.
270	(j)  The demonstrated knowledge, capacity, and disposition
271	of each parent to be informed of the circumstances of the minor
272	child, including, but not limited to, the child's friends,
273	teachers, medical care providers, daily activities, and favorite
274	things.
275	(k)  The demonstrated capacity and disposition of each
276	parent to provide a consistent routine for the child, such as
277	discipline, and daily schedules for homework, meals, and
278	bedtime.
279	(l)  The demonstrated capacity of each parent to
280	communicate with and keep the other parent informed of issues
281	and activities regarding the minor child, and the willingness of
282	each parent to adopt a unified front on all major issues when
283	dealing with the child.
284	(m)  Evidence of domestic violence, sexual violence, child
285	abuse, child abandonment, or child neglect, regardless of
286	whether a prior or pending action relating to those issues has
287	been brought. If the court accepts evidence of prior or pending
288	actions regarding domestic violence, sexual violence, child
289	abuse, child abandonment, or child neglect, the court shall
290	specifically acknowledge in writing that such evidence was
291	considered when evaluating the best interests of the child.
292	(n)  Evidence that either parent has knowingly provided
293	false information to the court regarding any prior or pending
294	action regarding domestic violence, sexual violence, child
295	abuse, child abandonment, or child neglect.
296	(o)  The particular parenting tasks customarily performed
297	by each parent and the division of parental responsibilities
298	before the institution of litigation and during the pending
299	litigation, including the extent to which parenting
300	responsibilities were undertaken by third parties.
301	(p)  The demonstrated capacity and disposition of each
302	parent to participate and be involved in the child's school and
303	extracurricular activities.
304	(q)  The demonstrated capacity and disposition of each
305	parent to maintain an environment for the child which is free
306	from substance abuse.
307	(r)  The capacity and disposition of each parent to protect
308	the child from the ongoing litigation as demonstrated by not
309	discussing the litigation with the child, not sharing documents
310	or electronic media related to the litigation with the child,
311	and refraining from disparaging comments about the other parent
312	to the child.
313	(s)  The developmental stages and needs of the child and
314	the demonstrated capacity and disposition of each parent to meet
315	the child's developmental needs.
316	(t)  Any other factor that is relevant to the determination
317	of a specific parenting plan, including the time-sharing
318	schedule.
319	(6)  In any proceeding under this section, the court may
320	not deny shared parental responsibility and time-sharing rights
321	to a parent solely because that parent is or is believed to be
322	infected with human immunodeficiency virus, but the court may,
323	condition such rights to require that parent in an order
324	approving the parenting plan, require that parent to observe
325	measures approved by the Centers for Disease Control and
326	Prevention of the United States Public Health Service or by the
327	Department of Health for preventing the spread of human
328	immunodeficiency virus to the child.
329	Section 3.  Section 61.13001, Florida Statutes, is amended
330	to read:
331	61.13001  Parental relocation with a child.--
332	(1)  DEFINITIONS.--As used in this section, the term:
333	(a)  "Change of residence address" means the relocation of
334	a child to a principal residence more than 50 miles away from
335	his or her principal place of residence at the time of the entry
336	of the last order establishing or modifying the parenting plan
337	or the time-sharing schedule or both for the minor child, unless
338	the move places the principal residence of the minor child less
339	than 50 miles from either parent.
340	(a)(b)  "Child" means any person who is under the
341	jurisdiction of a state court pursuant to the Uniform Child
342	Custody Jurisdiction and Enforcement Act or is the subject of
343	any order granting to a parent or other person any right to
344	time-sharing, residential care, kinship, or custody, as provided
345	under state law.
346	(b)(c)  "Court" means the circuit court in an original
347	proceeding which has proper venue and jurisdiction in accordance
348	with the Uniform Child Custody Jurisdiction and Enforcement Act,
349	the circuit court in the county in which either parent and the
350	child reside, or the circuit court in which the original action
351	was adjudicated.
352	(c)(d)  "Other person" means an individual who is not the
353	parent, but with whom the child resides pursuant to and who, by
354	court order, maintains the primary residence of a child or who
355	has the right of access to, time-sharing with, or visitation
356	with the visitation rights with a child.
357	(d)(e)  "Parent" means any person so named by court order
358	or express written agreement who that is subject to court
359	enforcement or a person reflected as a parent on a birth
360	certificate and who is entitled to access to or time-sharing
361	with the child in whose home a child maintains a residence.
362	(e)(f)  "Relocation" means a change in the location of the
363	principal residence of a parent or other person from his or her
364	principal place of residence at the time of the last order
365	establishing or modifying time-sharing or at the time of filing
366	the pending action to establish or modify time-sharing. The
367	change of location must be at least 50 miles from that residence
368	and for at least child for a period of 60 consecutive days, not
369	including or more but does not include a temporary absence from
370	the principal residence for purposes of vacation, education, or
371	the provision of health care for the child.
372	(2)  RELOCATION BY AGREEMENT.--
373	(a)  If the parents and every other person entitled to
374	access to or time-sharing with the child agree to the relocation
375	of the child, they may satisfy the requirements of this section
376	by signing a written agreement that:
377	1.  Reflects the consent to the relocation;
378	2.  Defines an access or a time-sharing schedule for the
379	nonrelocating parent and any other persons who are entitled to
380	access or time-sharing; and
381	3.  Describes, if necessary, any transportation
382	arrangements related to access or time-sharing the visitation.
383	(b)  If there is an existing cause of action, judgment, or
384	decree of record pertaining to the child's residence or an
385	access or a time-sharing schedule, the parties shall seek
386	ratification of the agreement by court order without the
387	necessity of an evidentiary hearing unless a hearing is
388	requested, in writing, by one or more of the parties to the
389	agreement within 10 days after the date the agreement is filed
390	with the court. If a hearing is not timely requested, it shall
391	be presumed that the relocation is in the best interest of the
392	child and the court may ratify the agreement without an
393	evidentiary hearing.
394	(3)  PETITION NOTICE OF INTENT TO RELOCATE WITH A
395	CHILD.--Unless an agreement has been entered as described in
396	subsection (2), a parent or other person seeking relocation
397	shall file a petition to relocate and serve it upon who is
398	entitled to time-sharing with the child shall notify the other
399	parent, and every other person entitled to access to or time-
400	sharing with the child, of a proposed relocation of the child's
401	residence. The pleadings must be in accordance with form of
402	notice shall be according to this section:
403	(a)  The petition to relocate must be signed under oath or
404	affirmation under penalty of perjury and include parent seeking
405	to relocate shall prepare a Notice of Intent to Relocate. The
406	following information must be included with the Notice of Intent
407	to Relocate and signed under oath under penalty of perjury:
408	1.  A description of the location of the intended new
409	residence, including the state, city, and specific physical
410	address, if known.
411	2.  The mailing address of the intended new residence, if
412	not the same as the physical address, if known.
413	3.  The home telephone number of the intended new
414	residence, if known.
415	4.  The date of the intended move or proposed relocation.
416	5.  A detailed statement of the specific reasons for the
417	proposed relocation of the child. If one of the reasons is based
418	upon a job offer that which has been reduced to writing, the
419	that written job offer must be attached to the petition Notice
420	of Intent to Relocate.
421	6.  A proposal for the revised postrelocation schedule for
422	access and of time-sharing together with a proposal for the
423	postrelocation transportation arrangements necessary to
424	effectuate time-sharing with the child. Absent the existence of
425	a current, valid order abating, terminating, or restricting
426	access or time-sharing visitation or other good cause predating
427	the petition Notice of Intent to Relocate, failure to comply
428	with this provision renders the petition Notice of Intent to
429	relocate legally insufficient.
430	7.  Substantially the following statement, in all capital
431	letters and in the same size type, or larger, as the type in the
432	remainder of the notice:
433
434	A RESPONSE AN OBJECTION TO THE PETITION OBJECTING TO PROPOSED
435	RELOCATION MUST BE MADE IN WRITING, FILED WITH THE COURT, AND
436	SERVED ON THE PARENT OR OTHER PERSON SEEKING TO RELOCATE WITHIN
437	20 30 DAYS AFTER SERVICE OF THIS PETITION NOTICE OF INTENT TO
438	RELOCATE. IF YOU FAIL TO TIMELY OBJECT TO THE RELOCATION, THE
439	RELOCATION WILL BE ALLOWED, UNLESS IT IS NOT IN THE BEST
440	INTERESTS OF THE CHILD, WITHOUT FURTHER NOTICE AND WITHOUT A
441	HEARING.
442	8.  The mailing address of the parent or other person
443	seeking to relocate to which the objection filed under
444	subsection (5) to the Notice of Intent to Relocate should be
445	sent.
446
447	The contents of the Notice of Intent to Relocate are not
448	privileged. For purposes of encouraging amicable resolution of
449	the relocation issue, a copy of the Notice of Intent to Relocate
450	shall initially not be filed with the court but instead served
451	upon the nonrelocating parent, other person, and every other
452	person entitled to time-sharing with the child, and the original
453	thereof shall be maintained by the parent or other person
454	seeking to relocate.
455	(b)  The parent seeking to relocate shall also prepare a
456	Certificate of Serving Notice of Intent to Relocate. The
457	certificate shall certify the date that the Notice of Intent to
458	Relocate was served on the other parent and on every other
459	person entitled to time-sharing with the child.
460	(b)(c)  The petition Notice of Intent to relocate shall,
461	and the Certificate of Serving Notice of Intent to Relocate,
462	shall be served on the other parent and on every other person
463	entitled to access to and time-sharing with the child. If there
464	is a pending court action regarding the child, service of
465	process may be according to court rule. Otherwise, service of
466	process shall be according to chapters 48 and 49 or via
467	certified mail, restricted delivery, return receipt requested.
468	(c)(d)  A parent or other person seeking to relocate giving
469	notice of a proposed relocation or change of residence address
470	under this section has a continuing duty to provide current and
471	updated information required by this section when that
472	information becomes known.
473	(d)(e)  If the other parent and any other person entitled
474	to access to or time-sharing with the child fails to timely file
475	a response objecting to the petition to relocate an objection,
476	it is shall be presumed that the relocation is in the best
477	interest of the child and that, the relocation should shall be
478	allowed, and the court shall, absent good cause, enter an order
479	specifying, attaching a copy of the Notice of Intent to
480	Relocate, reflecting that the order is entered as a result of
481	the failure to respond to the petition object to the Notice of
482	Intent to Relocate, and adopting the access and time-sharing
483	schedule and transportation arrangements contained in the
484	petition Notice of Intent to Relocate. The order may be issued
485	issue in an expedited manner without the necessity of an
486	evidentiary hearing. If a response an objection is timely filed,
487	the parent or other person may not relocate, and shall proceed
488	to a temporary hearing or trial and burden returns to the parent
489	or person seeking to relocate to initiate court proceedings to
490	obtain court permission to relocate before doing so.
491	(e)(f)  The act of Relocating the child without complying
492	after failure to comply with the requirements of notice of
493	intent to relocate procedure described in this subsection
494	subjects the party in violation thereof to contempt and other
495	proceedings to compel the return of the child and may be taken
496	into account by the court in any initial or postjudgment action
497	seeking a determination or modification of the parenting plan or
498	the access or the time-sharing schedule, or both, as:
499	1.  A factor in making a determination regarding the
500	relocation of a child.
501	2.  A factor in determining whether the parenting plan or
502	the access or time-sharing schedule should be modified.
503	3.  A basis for ordering the temporary or permanent return
504	of the child.
505	4.  Sufficient cause to order the parent or other person
506	seeking to relocate the child to pay reasonable expenses and
507	attorney's fees incurred by the party objecting to the
508	relocation.
509	5.  Sufficient cause for the award of reasonable attorney's
510	fees and costs, including interim travel expenses incident to
511	access or time-sharing or securing the return of the child.
512	(4)  APPLICABILITY OF PUBLIC RECORDS LAW.--If the parent or
513	other person seeking to relocate a child, or the child, is
514	entitled to prevent disclosure of location information under a
515	any public records exemption applicable to that person, the
516	court may enter any order necessary to modify the disclosure
517	requirements of this section in compliance with the public
518	records exemption.
519	(5)  CONTENT OF OBJECTION TO RELOCATION.--An answer
520	objecting to a proposed relocation objection seeking to prevent
521	the relocation of a child must be verified and served within 30
522	days after service of the Notice of Intent to Relocate. The
523	objection must include the specific factual basis supporting the
524	reasons for seeking a prohibition of the relocation, including a
525	statement of the amount of participation or involvement the
526	objecting party currently has or has had in the life of the
527	child.
528	(6)  TEMPORARY ORDER.--
529	(a)  The court may grant a temporary order restraining the
530	relocation of a child, order or ordering the return of the
531	child, if a relocation has previously taken place, or order
532	other appropriate remedial relief, if the court finds:
533	1.  That the petition to relocate does not comply with
534	subsection (3) The required notice of a proposed relocation of a
535	child was not provided in a timely manner;
536	2.  That the child already has been relocated without a
537	notice or written agreement of the parties or without court
538	approval; or
539	3.  From an examination of the evidence presented at the
540	preliminary hearing that there is a likelihood that upon final
541	hearing the court will not approve the relocation of the child.
542	(b)  The court may grant a temporary order permitting the
543	relocation of the child pending final hearing, if the court
544	finds:
545	1.  Finds That the petition required Notice of Intent to
546	relocate was properly filed and is otherwise in compliance with
547	subsection (3) provided in a timely manner; and
548	2.  Finds From an examination of the evidence presented at
549	the preliminary hearing, that there is a likelihood that on
550	final hearing the court will approve the relocation of the
551	child, which findings must be supported by the same factual
552	basis as would be necessary to support approving the permitting
553	of relocation in a final judgment.
554	(c)  If the court has issued a temporary order authorizing
555	a party seeking to relocate or move a child before a final
556	judgment is rendered, the court may not give any weight to the
557	temporary relocation as a factor in reaching its final decision.
558	(d)  If temporary relocation of a child is approved
559	permitted, the court may require the person relocating the child
560	to provide reasonable security, financial or otherwise, and
561	guarantee that the court-ordered contact with the child will not
562	be interrupted or interfered with by the relocating party.
563	(7)  NO PRESUMPTION; FACTORS TO DETERMINE CONTESTED
564	RELOCATION.--A presumption does not arise in favor of or against
565	a request to relocate with the child does not arise if when a
566	parent or other person seeks to relocate move the child and the
567	move will materially affect the current schedule of contact,
568	access, and time-sharing with the nonrelocating parent or other
569	person. In reaching its decision regarding a proposed temporary
570	or permanent relocation, the court shall evaluate all of the
571	following factors:
572	(a)  The nature, quality, extent of involvement, and
573	duration of the child's relationship with the parent or other
574	person proposing to relocate with the child and with the
575	nonrelocating parent, other persons, siblings, half-siblings,
576	and other significant persons in the child's life.
577	(b)  The age and developmental stage of the child, the
578	needs of the child, and the likely impact the relocation will
579	have on the child's physical, educational, and emotional
580	development, taking into consideration any special needs of the
581	child.
582	(c)  The feasibility of preserving the relationship between
583	the nonrelocating parent or other person and the child through
584	substitute arrangements that take into consideration the
585	logistics of contact, access, and time-sharing, as well as the
586	financial circumstances of the parties; whether those factors
587	are sufficient to foster a continuing meaningful relationship
588	between the child and the nonrelocating parent or other person;
589	and the likelihood of compliance with the substitute
590	arrangements by the relocating parent or other person once he or
591	she is out of the jurisdiction of the court.
592	(d)  The child's preference, taking into consideration the
593	age and maturity of the child.
594	(e)  Whether the relocation will enhance the general
595	quality of life for both the parent or other person seeking the
596	relocation and the child, including, but not limited to,
597	financial or emotional benefits or educational opportunities.
598	(f)  The reasons of each parent or other person is for
599	seeking or opposing the relocation.
600	(g)  The current employment and economic circumstances of
601	each parent or other person and whether or not the proposed
602	relocation is necessary to improve the economic circumstances of
603	the parent or other person seeking relocation of the child.
604	(h)  That the relocation is sought in good faith and the
605	extent to which the objecting parent has fulfilled his or her
606	financial obligations to the parent or other person seeking
607	relocation, including child support, spousal support, and
608	marital property and marital debt obligations.
609	(i)  The career and other opportunities available to the
610	objecting parent or objecting other person if the relocation
611	occurs.
612	(j)  A history of substance abuse or domestic violence as
613	defined in s. 741.28 or which meets the criteria of s.
614	39.806(1)(d) by either parent, including a consideration of the
615	severity of such conduct and the failure or success of any
616	attempts at rehabilitation.
617	(k)  Any other factor affecting the best interest of the
618	child or as set forth in s. 61.13.
619	(8)  BURDEN OF PROOF.--The parent or other person wishing
620	to relocate has the burden of proving proof if an objection is
621	filed and must then initiate a proceeding seeking court
622	permission for relocation. The initial burden is on the parent
623	or person wishing to relocate to prove by a preponderance of the
624	evidence that relocation is in the best interest of the child.
625	If that burden of proof is met, the burden shifts to the
626	nonrelocating parent or other person to show by a preponderance
627	of the evidence that the proposed relocation is not in the best
628	interest of the child.
629	(9)  ORDER REGARDING RELOCATION.--If relocation is approved
630	permitted:
631	(a)  The court may, in its discretion, order contact with
632	the nonrelocating parent or other person, including access,
633	time-sharing, telephone, Internet, webcam, and other
634	arrangements sufficient to ensure that the child has frequent,
635	continuing, and meaningful contact, access, and time-sharing
636	with the nonrelocating parent or other person persons, if
637	contact is financially affordable and in the best interest of
638	the child.
639	(b)  If applicable, the court shall specify how the
640	transportation costs are to will be allocated between the
641	parents and other persons entitled to contact, access, and time-
642	sharing and may adjust the child support award, as appropriate,
643	considering the costs of transportation and the respective net
644	incomes of the parents in accordance with the state child
645	support guidelines schedule.
646	(10)  PRIORITY FOR HEARING OR TRIAL.--An evidentiary
647	hearing or nonjury trial on a pleading seeking temporary or
648	permanent relief filed under this section shall be accorded
649	priority on the court's calendar. If a motion seeking a
650	temporary relocation is filed, absent good cause, the hearing
651	shall occur no later than 30 days after the motion for a
652	temporary relocation is filed. If a notice to set the matter for
653	a nonjury trial is filed, absent good cause, the nonjury trial
654	shall occur no later than 90 days after the notice is filed.
655	(11)  APPLICABILITY.--
656	(a)  This section applies:
657	1.  To orders entered before October 1, 2009 2006, if the
658	existing order defining the parenting plan, custody, primary
659	residence, or access to or time-sharing, or visitation of or
660	with the child does not expressly govern the relocation of the
661	child.
662	2.  To an order, whether temporary or permanent, regarding
663	the parenting plan, custody, primary residence, or access to or
664	time-sharing, or visitation of or with the child entered on or
665	after October 1, 2009 2006.
666	3.  To any relocation or proposed relocation, whether
667	permanent or temporary, of a child during any proceeding pending
668	on October 1, 2009 2006, wherein the parenting plan, custody,
669	primary residence, or access to or time-sharing, or visitation
670	of or with the child is an issue.
671	(b)  To the extent that a provision of this section
672	conflicts with an order existing on October 1, 2009 2006, this
673	section does not apply to the terms of that order which
674	expressly govern relocation of the child or a change in the
675	principal residence address of a parent or other person.
676	Section 4.  Subsection (1) of section 61.183, Florida
677	Statutes, is amended to read:
678	61.183  Mediation of certain contested issues.--
679	(1)  In any proceeding in which the issues of parental
680	responsibility, primary residence, access to visitation, or
681	support of a child are contested, the court may refer the
682	parties to mediation in accordance with rules promulgated by the
683	Supreme Court. In Title IV-D cases, any costs, including filing
684	fees, recording fees, mediation costs, service of process fees,
685	and other expenses incurred by the clerk of the circuit court,
686	shall be assessed only against the nonprevailing obligor after
687	the court makes a determination of the nonprevailing obligor's
688	ability to pay such costs and fees.
689	Section 5.  Subsection (3) of section 61.20, Florida
690	Statutes, is amended to read:
691	61.20  Social investigation and recommendations regarding a
692	parenting plan.--
693	(3)  Except as to persons who obtain certification of
694	indigence as specified in subsection (2), for whom no costs are
695	shall be incurred, the parents adult parties involved in a
696	proceeding to determine a parenting plan in which wherein the
697	court has ordered the performance of a social investigation and
698	study are shall be responsible for paying the payment of the
699	costs of the such investigation and study. Upon submitting
700	submission of the study to the court, the agency, staff, or
701	person performing the study shall include a bill for services,
702	which shall be taxed and ordered paid as costs in the
703	proceeding.
704	Section 6.  Paragraph (a) of subsection (2) and subsections
705	(5) and (9) of section 61.21, Florida Statutes, are amended to
706	read:
707	61.21  Parenting course authorized; fees; required
708	attendance authorized; contempt.--
709	(2)  The Department of Children and Family Services shall
710	approve a parenting course which shall be a course of a minimum
711	of 4 hours designed to educate, train, and assist divorcing
712	parents in regard to the consequences of divorce on parents and
713	children.
714	(a)  The parenting course referred to in this section shall
715	be named the Parent Education and Family Stabilization Course
716	and may include, but need not be limited to, the following
717	topics as they relate to court actions between parents involving
718	custody, care, time-sharing visitation, and support of a child
719	or children:
720	1.  Legal aspects of deciding child-related issues between
721	parents.
722	2.  Emotional aspects of separation and divorce on adults.
723	3.  Emotional aspects of separation and divorce on
724	children.
725	4.  Family relationships and family dynamics.
726	5.  Financial responsibilities to a child or children.
727	6.  Issues regarding spousal or child abuse and neglect.
728	7.  Skill-based relationship education that may be
729	generalized to parenting, workplace, school, neighborhood, and
730	civic relationships.
731	(5)  All parties required to complete a parenting course
732	under this section shall begin the course as expeditiously as
733	possible. For dissolution of marriage actions, unless excused by
734	the court pursuant to subsection (4), the petitioner must
735	complete the course within 45 days after the filing of the
736	petition, and all other parties must complete the course within
737	45 days after service of the petition. For paternity actions,
738	unless excused by the court pursuant to subsection (4), the
739	petitioner must complete the course within 45 days after filing
740	the petition, and any other party must complete the course
741	within 45 days after an acknowledgment of paternity by that
742	party, an adjudication of paternity of that party, or an order
743	granting time-sharing visitation to or support from that party.
744	Each party to a dissolution or paternity action shall file proof
745	of compliance with this subsection with the court prior to the
746	entry of the final judgment.
747	(9)  The court may hold any parent who fails to attend a
748	required parenting course in contempt, or that parent may be
749	denied shared parental responsibility or time-sharing visitation
750	or otherwise sanctioned as the court deems appropriate.
751	Section 7.  Paragraph (b) of subsection (11) of section
752	61.30, Florida Statutes, is amended to read:
753	61.30  Child support guidelines; retroactive child
754	support.--
755	(11)
756	(b)  Whenever a particular parenting plan provides that
757	each child spend a substantial amount of time with each parent,
758	the court shall adjust any award of child support, as follows:
759	1.  In accordance with subsections (9) and (10), calculate
760	the amount of support obligation apportioned to each parent
761	without including day care and health insurance costs in the
762	calculation and multiply the amount by 1.5.
763	2.  Calculate the percentage of overnight stays the child
764	spends with each parent.
765	3.  Multiply each parent's support obligation as calculated
766	in subparagraph 1. by the percentage of the other parent's
767	overnight stays with the child as calculated in subparagraph 2.
768	4.  The difference between the amounts calculated in
769	subparagraph 3. shall be the monetary transfer necessary between
770	the parents for the care of the child, subject to an adjustment
771	for day care and health insurance expenses.
772	5.  Pursuant to subsections (7) and (8), calculate the net
773	amounts owed by each parent for the expenses incurred for day
774	care and health insurance coverage for the child. Day care shall
775	be calculated without regard to the 25-percent reduction applied
776	by subsection (7).
777	6.  Adjust the support obligation owed by each parent
778	pursuant to subparagraph 4. by crediting or debiting the amount
779	calculated in subparagraph 5. This amount represents the child
780	support which must be exchanged between the parents.
781	7.  The court may deviate from the child support amount
782	calculated pursuant to subparagraph 6. based upon the deviation
783	factors in paragraph (a), as well as the obligee parent's low
784	income and ability to maintain the basic necessities of the home
785	for the child, the likelihood that either parent will actually
786	exercise the time-sharing schedule set forth in the parenting
787	plan granted by the court, and whether all of the children are
788	exercising the same time-sharing schedule.
789	8.  For purposes of adjusting any award of child support
790	under this paragraph, "substantial amount of time" means that a
791	parent exercises access visitation at least 40 percent of the
792	overnights of the year.
793	Section 8.  Paragraph (a) of subsection (5) of section
794	741.30, Florida Statutes, is amended to read:
795	741.30  Domestic violence; injunction; powers and duties of
796	court and clerk; petition; notice and hearing; temporary
797	injunction; issuance of injunction; statewide verification
798	system; enforcement.--
799	(5)(a)  If When it appears to the court that an immediate
800	and present danger of domestic violence exists, the court may
801	grant a temporary injunction ex parte, pending a full hearing,
802	and may grant such relief as the court deems proper, including
803	an injunction:
804	1.  Restraining the respondent from committing any acts of
805	domestic violence.
806	2.  Awarding to the petitioner the temporary exclusive use
807	and possession of the dwelling that the parties share or
808	excluding the respondent from the residence of the petitioner.
809	3.  On the same basis as provided in s. 61.13, providing
810	the petitioner a temporary parenting plan, including a time-
811	sharing schedule, which may award the petitioner up to with 100
812	percent of the time-sharing. The temporary parenting plan
813	remains that shall remain in effect until the order expires or
814	an order is entered by a court of competent jurisdiction in a
815	pending or subsequent civil action or proceeding affecting the
816	placement of, access to, parental time with, adoption of, or
817	parental rights and responsibilities for the minor child.
818	Section 9.  This act shall take effect October 1, 2009.

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