Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for SB 1598 Ì874598hÎ874598 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 Section 61.13002, Florida Statutes, is repealed. 6 Section 2.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 61.703 Definitions.—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 61.705 Remedies 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 61.707 Jurisdiction.— 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 61.709 Notice 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 61.711 Duty 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 61.713 General 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 61.721 Form 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 61.723 Nature 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 61.725 Modification 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 61.727 Power 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 61.729 Filing 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 61.733 Proceeding 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 61.735 Testimony 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 61.737 Effect 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 61.739 Grant 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 61.741 Grant 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 61.743 Nature 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 61.745 Content 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 61.747 Order 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 61.749 Modifying 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 61.761 Procedure 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 61.763 Visitation 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 61.771 Relation 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 61.773 Applicability.—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.