Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1598
       
       
       
       
       
       
                                Ì874598hÎ874598                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Passidomo) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 61.13002, Florida Statutes, is repealed.
    6         Section 2. Part IV of chapter 61, Florida Statutes,
    7  consisting of sections 61.703-61.773, Florida Statutes, is
    8  created and entitled “Uniform Deployed Parents Custody and
    9  Visitation Act.”
   10         61.703Definitions.—As used in this part:
   11         (1)“Adult” means an individual who has attained 18 years
   12  of age or who has had the disability of nonage removed under
   13  chapter 743.
   14         (2)“Caretaking authority” means the right to live with and
   15  care for a child on a day-to-day basis. The term includes
   16  physical custody, parenting time, right to access, and
   17  visitation.
   18         (3)“Child” means:
   19         (a)An individual who has not attained 18 years of age and
   20  who has not had the disability of nonage removed under chapter
   21  743; or
   22         (b)An adult son or daughter by birth or adoption, or
   23  designated by general law, who is the subject of a court order
   24  concerning custodial responsibility.
   25         (4)“Close and substantial relationship” means a positive
   26  relationship of substantial duration and depth in which a
   27  significant bond exists between a child and a nonparent.
   28         (5)“Court” means the court of legal jurisdiction.
   29         (6)“Custodial responsibility” includes all powers and
   30  duties relating to caretaking authority and decisionmaking
   31  authority for a child. The term includes physical custody, legal
   32  custody, parenting time, right to access, visitation, and
   33  authority to grant limited contact with a child.
   34         (7)“Decisionmaking authority” means the power to make
   35  important decisions regarding a child, including decisions
   36  regarding the child’s education, religious training, health
   37  care, extracurricular activities, and travel. The term does not
   38  include the power to make decisions that necessarily accompany a
   39  grant of caretaking authority.
   40         (8)“Deploying parent” means a servicemember who is
   41  deployed or has been notified of impending deployment and is:
   42         (a)A parent of a child; or
   43         (b)An individual who has custodial responsibility for a
   44  child.
   45         (9)“Deployment” means the movement or mobilization of a
   46  servicemember for more than 90 days but less than 18 months
   47  pursuant to uniformed service orders that:
   48         (a)Are designated as unaccompanied;
   49         (b)Do not authorize dependent travel; or
   50         (c)Otherwise do not permit the movement of family members
   51  to the location to which the servicemember is deployed.
   52         (10)“Family member” means a sibling, aunt, uncle, cousin,
   53  stepparent, or grandparent of a child or an individual
   54  recognized by the deploying parent and the other parent to be in
   55  a familial relationship with a child.
   56         (11)“Limited contact” means the authority of a nonparent
   57  to visit a child for a limited time. The term includes authority
   58  to take the child to a place other than the child’s residence.
   59         (12)“Nonparent” means an individual other than a deploying
   60  parent or other parent.
   61         (13) “Notice of deployment” means official notification to
   62  a servicemember, through orders or other written or electronic
   63  communication from higher authority, that the servicemember is
   64  subject to deployment on or about a specified date.
   65         (14)“Other parent” means an individual who, in addition to
   66  a deploying parent, is:
   67         (a)A parent of a child; or
   68         (b)An individual who has custodial responsibility for a
   69  child.
   70         (15)“Record” means information that is created in a
   71  tangible medium or stored in an electronic or other medium and
   72  is retrievable in perceivable form.
   73         (16)“Return from deployment” means the conclusion of a
   74  servicemember’s deployment as specified in uniformed service
   75  orders.
   76         (17)“Servicemember” means a member of a uniformed service.
   77         (18)“Sign” means, with the intent to authenticate or adopt
   78  a record, to:
   79         (a)Execute or adopt a tangible symbol; or
   80         (b)Attach to or logically associate with the record an
   81  electronic symbol, sound, or process.
   82         (19)“State” means a state of the United States, the
   83  District of Columbia, Puerto Rico, the United States Virgin
   84  Islands, or any territory or insular possession subject to the
   85  jurisdiction of the United States.
   86         (20)“Uniformed service” means any of the following:
   87         (a)Active and reserve components of the Army, Navy, Air
   88  Force, Marine Corps, or Coast Guard of the United States.
   89         (b)The United States Merchant Marine.
   90         (c)The commissioned corps of the United States Public
   91  Health Service.
   92         (d)The commissioned corps of the National Oceanic and
   93  Atmospheric Administration.
   94         (e)The National Guard of a state or territory of the
   95  United States, Puerto Rico, or the District of Columbia.
   96         61.705Remedies for noncompliance.—In addition to other
   97  remedies authorized by general law, if a court finds that a
   98  party to a proceeding acts in bad faith or intentionally fails
   99  to comply with this part or a court order issued under this
  100  part, the court may assess reasonable attorney fees and costs
  101  against the party, and order other appropriate relief.
  102         61.707Jurisdiction.—
  103         (1)A court may issue an order regarding custodial
  104  responsibility only if the court has jurisdiction under the
  105  Uniform Child Custody Jurisdiction and Enforcement Act.
  106         (2)For purposes of the Uniform Child Custody Jurisdiction
  107  and Enforcement Act, the residence of the deploying parent does
  108  not change by reason of the deployment if:
  109         (a)A court has issued a temporary order regarding
  110  custodial responsibility.
  111         (b)A court has issued a permanent order regarding
  112  custodial responsibility before notice of deployment and the
  113  parents modify that order temporarily by agreement.
  114         (c)A court in another state has issued a temporary order
  115  regarding custodial responsibility as a result of impending or
  116  current deployment.
  117         (3)This section does not prevent a court from exercising
  118  temporary emergency jurisdiction under the Uniform Child Custody
  119  Jurisdiction and Enforcement Act.
  120         61.709Notice requirement for deploying parent.—
  121         (1)Except as otherwise provided in subsection (3), and
  122  subject to subsection (2), a deploying parent shall notify in a
  123  record to the other parent:
  124         (a)A pending deployment not later than 7 days after
  125  receiving notice of deployment unless he or she is reasonably
  126  prevented from doing so by the circumstances of service, in
  127  which case the deploying parent shall provide notice as soon as
  128  reasonably possible.
  129         (b)A plan fulfilling each parent’s share of custodial
  130  responsibility during deployment provided as soon as reasonably
  131  possible after notice of deployment is given under paragraph
  132  (a).
  133         (2)If a court order prohibits disclosure of the address or
  134  contact information of the other parent, notice pursuant to
  135  subsection (1) must be provided to the issuing court. If the
  136  address of the other parent is available to the issuing court,
  137  the court shall forward the notice to the other parent. The
  138  court shall keep confidential the address or contact information
  139  of the other parent.
  140         (3)Notice pursuant to subsection (1) is not required if
  141  both parents are living in the same residence and have actual
  142  notice of the deployment or plan.
  143         (4)In a proceeding regarding custodial responsibility, a
  144  court may consider the reasonableness of a parent’s efforts to
  145  comply with this section.
  146         61.711Duty to notify of change of address.—
  147         (1)Except as otherwise provided in subsection (2), an
  148  individual granted custodial responsibility during deployment
  149  must notify the deploying parent and any other individual with
  150  custodial responsibility of a child of any change of mailing
  151  address or residence until the grant is terminated. The
  152  individual must provide the notice to any court that has issued
  153  a custody or child support order concerning the child.
  154         (2)If a court order prohibits disclosure of the address or
  155  contact information of an individual to whom custodial
  156  responsibility has been granted, notice pursuant to subsection
  157  (1) must be provided to the issuing court. The court shall keep
  158  confidential the mailing address or residence of the individual
  159  granted custodial responsibility.
  160         61.713General consideration in custody proceeding of
  161  parent’s service.—In a proceeding for custodial responsibility
  162  of a child of a servicemember, a court may not consider a
  163  parent’s past deployment or possible future deployment in
  164  determining the best interest of the child.
  165         61.721Form of custodial responsibility agreement.—
  166         (1)The parents of a child may enter into a temporary
  167  agreement granting custodial responsibility during deployment.
  168         (2)The agreement must be in writing and signed by both
  169  parents and any nonparent granted custodial responsibility.
  170         (3)Subject to subsection (4), the agreement, if feasible,
  171  must:
  172         (a)Identify the destination, duration, and conditions of
  173  the deployment that is the basis for the agreement.
  174         (b)Specify the allocation of caretaking authority among
  175  the deploying parent, the other parent, and any nonparent.
  176         (c)Specify any decisionmaking authority that accompanies a
  177  grant of caretaking authority.
  178         (d)Specify any grant of limited contact to a nonparent.
  179         (e)Provide a process to resolve any dispute that may arise
  180  if custodial responsibility is shared by the other parent and a
  181  nonparent, or by other nonparents.
  182         (f)Specify the frequency, duration, and means, including
  183  electronic means, by which the deploying parent will have
  184  contact with the child, any role to be played by the other
  185  parent or nonparent in facilitating the contact, and the
  186  allocation of any costs of contact.
  187         (g)Specify contact between the deploying parent and child
  188  during the time the deploying parent is on leave or is otherwise
  189  available.
  190         (h)Acknowledge that the agreement does not modify any
  191  existing child support obligation and that changing the terms of
  192  the obligation during deployment requires modification in the
  193  appropriate court.
  194         (i)Provide that the agreement will terminate according to
  195  the procedures under this part after the deploying parent
  196  returns from deployment.
  197         (j)Specify which parent is required to file the agreement
  198  if the agreement must be filed pursuant to s. 61.729.
  199         (4)The omission of any item in subsection (3) does not
  200  invalidate the agreement.
  201         61.723Nature of authority created by custodial
  202  responsibility agreement.—
  203         (1)An agreement granting custodial responsibility during
  204  deployment is temporary and terminates after the deploying
  205  parent returns from deployment unless the agreement has been
  206  terminated before that time by court order or modification under
  207  s. 61.725. The agreement does not create an independent,
  208  continuing right to caretaking authority, decisionmaking
  209  authority, or limited contact for an individual granted
  210  custodial responsibility.
  211         (2)A nonparent granted caretaking authority,
  212  decisionmaking authority, or limited contact by agreement has
  213  standing to enforce the agreement until it is terminated in
  214  writing by agreement of the deploying parent and the other
  215  parent, or in the absence of such agreement, by court order,
  216  under s. 61.761, or modified under s. 61.725.
  217         61.725Modification of agreement.—
  218         (1)The parents of a child may modify an agreement granting
  219  custodial responsibility by mutual consent.
  220         (2)If an agreement is modified before deployment of a
  221  deploying parent, the modification must be in writing and signed
  222  by both parents and any nonparent granted custodial
  223  responsibility under the modified agreement.
  224         (3)If an agreement is modified during deployment of a
  225  deploying parent, the modification must be agreed to in a record
  226  by both parents and any nonparent granted custodial
  227  responsibility.
  228         61.727Power of attorney.—A deploying parent may, by power
  229  of attorney, grant all or part of custodial responsibility to an
  230  adult nonparent for the period of deployment if no other parent
  231  possesses custodial responsibility, or if a court order
  232  currently in effect prohibits contact between the child and the
  233  other parent. The deploying parent may revoke the power of
  234  attorney by signing a revocation of the power of attorney.
  235         61.729Filing custodial responsibility agreement or power
  236  of attorney with court.—An agreement or power of attorney must
  237  be filed within a reasonable time with a court that has entered
  238  an order in effect relating to custodial responsibility or child
  239  support concerning the child who is the subject of the agreement
  240  or power. The case number and heading of the pending case
  241  concerning custodial responsibility or child support must be
  242  provided to the court with the agreement or power.
  243         61.733Proceeding for temporary custody order.—
  244         (1)After a deploying parent receives notice of deployment
  245  and until the deployment terminates, a court may issue a
  246  temporary order granting custodial responsibility unless
  247  prohibited by the Servicemembers Civil Relief Act, Title 50,
  248  Appendix U.S.C. ss. 501 et seq. A court may not issue a
  249  permanent order granting custodial responsibility without the
  250  consent of the deploying parent.
  251         (2)(a)At any time after a deploying parent receives notice
  252  of deployment, either parent may file a motion regarding
  253  custodial responsibility of a child during deployment. The
  254  motion must be filed in a pending proceeding for custodial
  255  responsibility in a court with jurisdiction under s. 61.707 or,
  256  if a pending proceeding does not exist in a court with
  257  jurisdiction under s. 61.707, the motion must be filed in a new
  258  action for granting custodial responsibility during deployment.
  259         (b)If a motion to grant custodial responsibility is filed
  260  under paragraph (a) before a deploying parent deploys, the court
  261  shall conduct an expedited hearing.
  262         61.735Testimony by electronic means.—In a proceeding for a
  263  temporary custody order, a deploying parent, servicemember, or
  264  witness who is not reasonably able to appear in person may
  265  appear, provide testimony, and present evidence by electronic
  266  means unless the court finds good cause to require in-person
  267  testimony.
  268         61.737Effect of prior judicial order or agreement.—In a
  269  proceeding for a temporary grant of custodial responsibility:
  270         (1)A prior judicial order granting custodial
  271  responsibility in the event of deployment is binding on the
  272  court unless circumstances meet the requirements authorized by
  273  general law for modifying a judicial order regarding custodial
  274  responsibility.
  275         (2)The court shall enforce a prior written agreement
  276  between the parents for granting custodial responsibility in the
  277  event of deployment, including an agreement for custodial
  278  responsibility during deployment, unless the court finds that
  279  the agreement is not in the best interest of the child.
  280         61.739Grant of caretaking authority to nonparent.—
  281         (1)Upon the motion of a deploying parent and in accordance
  282  with general law, if it is in the best interest of the child, a
  283  court may grant caretaking authority to a nonparent who is an
  284  adult family member of the child or an adult with whom the child
  285  has a close and substantial relationship.
  286         (2)Unless a grant of caretaking authority to a nonparent
  287  is agreed to by the other parent, the grant is limited to an
  288  amount of time that may not exceed:
  289         (a)The amount of time granted to the deploying parent
  290  under a permanent custody order; however, the court may add
  291  travel time necessary to transport the child; or
  292         (b)In the absence of a permanent custody order that is
  293  currently in effect, the amount of time the deploying parent
  294  habitually cared for the child before being notified of
  295  deployment; however, the court may add travel time necessary to
  296  transport the child.
  297         (3)If the deploying parent is unable to exercise
  298  decisionmaking authority, a court may grant part of that
  299  authority to a nonparent who is an adult family member of the
  300  child or an adult with whom the child has a close and
  301  substantial relationship. If a court grants the authority to a
  302  nonparent, the court shall specify the decisionmaking powers
  303  granted.
  304         61.741Grant of limited contact.—A court shall grant
  305  limited contact to a nonparent who is a family member of the
  306  child or an individual with whom the child has a close and
  307  substantial relationship on motion of a deploying parent and in
  308  accordance with general law unless the court finds that limited
  309  contact with a nonparent would not be in the best interest of
  310  the child.
  311         61.743Nature of authority created by temporary custody
  312  order.—
  313         (1)A grant of authority is temporary and terminates after
  314  the deploying parent returns from deployment unless the grant
  315  has been terminated before that time by written agreement of the
  316  deploying parent and the other parent, or in the absence of such
  317  an agreement, by court order. The grant does not create an
  318  independent, continuing right to caretaking authority,
  319  decisionmaking authority, or limited contact to an individual
  320  granted temporary custody.
  321         (2)A nonparent granted caretaking authority,
  322  decisionmaking authority, or limited contact has standing to
  323  enforce the grant until it is terminated in writing by agreement
  324  of the deploying parent and the other parent, or in the absence
  325  of such an agreement, by court order or under this part.
  326         (3) If a grant of authority is terminated in writing by
  327  agreement of the deploying parent and the other parent, a copy
  328  of the termination agreement shall be filed with the court and
  329  the temporary custody order shall be modified to reflect the
  330  termination. Thereafter the deploying parent and the other
  331  parent may agree on alternative arrangements for custodial
  332  responsibility in compliance with s. 61.721 or either parent may
  333  seek an alternative arrangement for custodial responsibility
  334  under s. 61.749.
  335         61.745Content of temporary custody order.—An order
  336  granting custodial responsibility, when applicable, must:
  337         (1)Designate the order as temporary and provide for
  338  termination after the deploying parent returns from deployment.
  339         (2)Identify, to the extent feasible, the destination,
  340  duration, and conditions of the deployment.
  341         (3)Specify the allocation of caretaking authority,
  342  decisionmaking authority, or limited contact among the deploying
  343  parent, the other parent, and any nonparent.
  344         (4)Provide a process to resolve any dispute that may arise
  345  if the order divides caretaking or decisionmaking authority
  346  between individuals, or grants caretaking authority to one
  347  individual and limited contact to another individual.
  348         (5)Provide for liberal communication between the deploying
  349  parent and the child during deployment, including through
  350  electronic means, unless it is not in the best interest of the
  351  child, and allocate any costs of communication.
  352         (6)Provide for liberal contact between the deploying
  353  parent and the child during the time the deploying parent is on
  354  leave or otherwise available, unless it is not in the best
  355  interest of the child.
  356         (7)Provide for reasonable contact between the deploying
  357  parent and the child after the parent’s return from deployment
  358  until the temporary order is terminated, even if the time of
  359  contact exceeds the time the deploying parent spent with the
  360  child before entry of the temporary order.
  361         61.747Order for child support.—If a court has issued an
  362  order granting caretaking authority, or an agreement granting
  363  caretaking authority has been executed, the court may enter a
  364  temporary order for child support authorized by general law if
  365  the court has jurisdiction under the Uniform Interstate Family
  366  Support Act.
  367         61.749Modifying or terminating grant of custodial
  368  responsibility or limited contact to nonparent.—
  369         (1)Except for an agreement under s. 61.723, or as
  370  otherwise provided in subsection (2), and consistent with the
  371  Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss.
  372  501 et seq., a court may modify or terminate a temporary grant
  373  of custodial responsibility on motion of a deploying parent,
  374  other parent, or any nonparent granted caretaking authority if
  375  the modification or termination is consistent with this part and
  376  is in the best interest of the child. A modification is
  377  temporary and terminates after the deploying parent returns from
  378  deployment, unless the grant has been terminated before that
  379  time by court order.
  380         (2)The court shall terminate a grant of limited contact on
  381  motion of a deploying parent.
  382         61.761Procedure for terminating temporary agreement
  383  granting custodial responsibility.—
  384         (1)After a deploying parent returns from deployment, a
  385  deploying parent and the other parent may file with the court an
  386  agreement to terminate a temporary order for custodial
  387  responsibility.
  388         (2)After an agreement has been filed, it shall terminate:
  389         (a)On the date specified on an agreement to terminate
  390  under subsection (1); or
  391         (b)On the date the agreement is signed by the deploying
  392  parent and the other parent if the agreement to terminate does
  393  not specify a date.
  394         (3)In the absence of an agreement to terminate under (1),
  395  a temporary agreement granting custodial responsibility
  396  terminates 30 days after the deploying parent gives notice of
  397  return from deployment to the other parent.
  398         (4)If a temporary agreement granting custodial
  399  responsibility was filed with a court pursuant to s. 61.729, an
  400  agreement to terminate must be filed with the court within a
  401  reasonable time after the deploying parent and other parent sign
  402  the agreement. The case number and heading of the case
  403  concerning custodial responsibility or child support must be
  404  provided to the court with the agreement to terminate.
  405         (5)A proceeding seeking to prevent termination of a
  406  temporary order for custodial responsibility is governed by
  407  general law.
  408         61.763Visitation before termination of temporary grant of
  409  custodial responsibility.—From the time a deploying parent
  410  returns from deployment until a temporary agreement or order for
  411  custodial responsibility is terminated, the court shall issue a
  412  temporary order granting the deploying parent reasonable contact
  413  with the child even if the time of contact exceeds the time the
  414  deploying parent spent with the child before deployment unless
  415  it is not in the best interest of the child.
  416         61.771Relation to electronic signatures in Global and
  417  National Commerce Act.—This act modifies, limits, or supersedes
  418  the Electronic Signatures in Global and National Commerce Act,
  419  15 U.S.C. s. 7001 et seq., but does not modify, limit, or
  420  supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or
  421  authorize electronic delivery of any of the notices described in
  422  s. 103(b) of that act, 15 U.S.C. s. 7003(b).
  423         61.773Applicability.—This act does not affect the validity
  424  of a temporary court order concerning custodial responsibility
  425  during deployment entered before July 1, 2018.
  426         Section 3. This act shall take effect July 1, 2018.
  427  
  428  ================= T I T L E  A M E N D M E N T ================
  429  And the title is amended as follows:
  430         Delete everything before the enacting clause
  431  and insert:
  432                        A bill to be entitled                      
  433         An act relating to deployed parent custody and
  434         visitation; repealing s. 61.13002, F.S., relating to
  435         temporary time-sharing modification and child support
  436         modification due to military service; creating part IV
  437         of ch. 61, F.S., entitled “Uniform Deployed Parents
  438         Custody and Visitation Act”; providing definitions;
  439         providing remedies for noncompliance; authorizing a
  440         court to issue certain custodial orders only under
  441         certain jurisdiction; providing notice requirements;
  442         providing requirements for proceeding for custodial
  443         responsibility of a child of a servicemember;
  444         providing requirements for agreement forms,
  445         termination, modification, power of attorney, and
  446         filing; providing requirements for temporary orders of
  447         custodial responsibility; authorizing electronic
  448         testimony in a proceeding for temporary custody;
  449         providing for the effect of any prior judicial order
  450         or agreement; authorizing a court to grant caretaking
  451         authority or limited contact to a nonparent under
  452         certain conditions; providing for the termination of a
  453         grant of authority; providing requirements for an
  454         order of temporary custody; authorizing a court to
  455         enter a temporary order for child support under
  456         certain circumstances; authorizing a court to modify
  457         or terminate a temporary grant of custodial
  458         responsibility; providing procedures for termination
  459         of a temporary custodial responsibility agreement;
  460         providing for visitation; providing construction;
  461         providing applicability; providing an effective date.