Florida Senate - 2018                      CS for CS for SB 1598
       
       
        
       By the Committees on Rules; and Judiciary; and Senator Passidomo
       
       
       
       
       
       595-02998-18                                          20181598c2
    1                        A bill to be entitled                      
    2         An act relating to deployed parent custody and
    3         visitation; repealing s. 61.13002, F.S., relating to
    4         temporary time-sharing modification and child support
    5         modification due to military service; creating part IV
    6         of ch. 61, F.S., entitled “Uniform Deployed Parents
    7         Custody and Visitation Act”; providing definitions;
    8         providing remedies for noncompliance; authorizing a
    9         court to issue certain custodial orders only under
   10         certain jurisdiction; providing notice requirements;
   11         providing requirements for proceeding for custodial
   12         responsibility of a child of a servicemember;
   13         providing requirements for agreement forms,
   14         termination, modification, power of attorney, and
   15         filing; providing requirements for temporary orders of
   16         custodial responsibility; authorizing electronic
   17         testimony in a proceeding for temporary custody;
   18         providing for the effect of any prior judicial order
   19         or agreement; authorizing a court to grant caretaking
   20         authority or limited contact to a nonparent under
   21         certain conditions; providing for the termination of a
   22         grant of authority; providing requirements for an
   23         order of temporary custody; authorizing a court to
   24         enter a temporary order for child support under
   25         certain circumstances; authorizing a court to modify
   26         or terminate a temporary grant of custodial
   27         responsibility; providing procedures for termination
   28         of a temporary custodial responsibility agreement;
   29         providing for visitation; providing construction;
   30         providing applicability; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 61.13002, Florida Statutes, is repealed.
   35         Section 2. Part IV of chapter 61, Florida Statutes,
   36  consisting of sections 61.703-61.773, Florida Statutes, is
   37  created and entitled “Uniform Deployed Parents Custody and
   38  Visitation Act.”
   39         61.703Definitions.—As used in this part:
   40         (1)“Adult” means an individual who has attained 18 years
   41  of age or who has had the disability of nonage removed under
   42  chapter 743.
   43         (2)“Caretaking authority” means the right to live with and
   44  care for a child on a day-to-day basis. The term includes
   45  physical custody, parenting time, right to access, and
   46  visitation.
   47         (3)“Child” means:
   48         (a)An individual who has not attained 18 years of age and
   49  who has not had the disability of nonage removed under chapter
   50  743; or
   51         (b)An adult son or daughter by birth or adoption, or
   52  designated by general law, who is the subject of a court order
   53  concerning custodial responsibility.
   54         (4)“Close and substantial relationship” means a positive
   55  relationship of substantial duration and depth in which a
   56  significant bond exists between a child and a nonparent.
   57         (5)“Court” means the court of legal jurisdiction.
   58         (6)“Custodial responsibility” includes all powers and
   59  duties relating to caretaking authority and decisionmaking
   60  authority for a child. The term includes physical custody, legal
   61  custody, parenting time, right to access, visitation, and
   62  authority to grant limited contact with a child.
   63         (7)“Decisionmaking authority” means the power to make
   64  important decisions regarding a child, including decisions
   65  regarding the child’s education, religious training, health
   66  care, extracurricular activities, and travel. The term does not
   67  include the power to make decisions that necessarily accompany a
   68  grant of caretaking authority.
   69         (8)“Deploying parent” means a servicemember who is
   70  deployed or has been notified of impending deployment and is:
   71         (a)A parent of a child; or
   72         (b)An individual who has custodial responsibility for a
   73  child.
   74         (9)“Deployment” means the movement or mobilization of a
   75  servicemember for more than 90 days but less than 18 months
   76  pursuant to uniformed service orders that:
   77         (a)Are designated as unaccompanied;
   78         (b)Do not authorize dependent travel; or
   79         (c)Otherwise do not permit the movement of family members
   80  to the location to which the servicemember is deployed.
   81         (10)“Family member” means a sibling, aunt, uncle, cousin,
   82  stepparent, or grandparent of a child or an individual
   83  recognized by the deploying parent and the other parent to be in
   84  a familial relationship with a child.
   85         (11)“Limited contact” means the authority of a nonparent
   86  to visit a child for a limited time. The term includes authority
   87  to take the child to a place other than the child’s residence.
   88         (12)“Nonparent” means an individual other than a deploying
   89  parent or other parent.
   90         (13) “Notice of deployment” means official notification to
   91  a servicemember, through orders or other written or electronic
   92  communication from higher authority, that the servicemember is
   93  subject to deployment on or about a specified date.
   94         (14)“Other parent” means an individual who, in addition to
   95  a deploying parent, is:
   96         (a)A parent of a child; or
   97         (b)An individual who has custodial responsibility for a
   98  child.
   99         (15)“Record” means information that is created in a
  100  tangible medium or stored in an electronic or other medium and
  101  is retrievable in perceivable form.
  102         (16)“Return from deployment” means the conclusion of a
  103  servicemember’s deployment as specified in uniformed service
  104  orders.
  105         (17)“Servicemember” means a member of a uniformed service.
  106         (18)“Sign” means, with the intent to authenticate or adopt
  107  a record, to:
  108         (a)Execute or adopt a tangible symbol; or
  109         (b)Attach to or logically associate with the record an
  110  electronic symbol, sound, or process.
  111         (19)“State” means a state of the United States, the
  112  District of Columbia, Puerto Rico, the United States Virgin
  113  Islands, or any territory or insular possession subject to the
  114  jurisdiction of the United States.
  115         (20)“Uniformed service” means any of the following:
  116         (a)Active and reserve components of the Army, Navy, Air
  117  Force, Marine Corps, or Coast Guard of the United States.
  118         (b)The United States Merchant Marine.
  119         (c)The commissioned corps of the United States Public
  120  Health Service.
  121         (d)The commissioned corps of the National Oceanic and
  122  Atmospheric Administration.
  123         (e)The National Guard of a state or territory of the
  124  United States, Puerto Rico, or the District of Columbia.
  125         61.705Remedies for noncompliance.—In addition to other
  126  remedies authorized by general law, if a court finds that a
  127  party to a proceeding acts in bad faith or intentionally fails
  128  to comply with this part or a court order issued under this
  129  part, the court may assess reasonable attorney fees and costs
  130  against the party, and order other appropriate relief.
  131         61.707Jurisdiction.—
  132         (1)A court may issue an order regarding custodial
  133  responsibility only if the court has jurisdiction under the
  134  Uniform Child Custody Jurisdiction and Enforcement Act.
  135         (2)For purposes of the Uniform Child Custody Jurisdiction
  136  and Enforcement Act, the residence of the deploying parent does
  137  not change by reason of the deployment if:
  138         (a)A court has issued a temporary order regarding
  139  custodial responsibility.
  140         (b)A court has issued a permanent order regarding
  141  custodial responsibility before notice of deployment and the
  142  parents modify that order temporarily by agreement.
  143         (c)A court in another state has issued a temporary order
  144  regarding custodial responsibility as a result of impending or
  145  current deployment.
  146         (3)This section does not prevent a court from exercising
  147  temporary emergency jurisdiction under the Uniform Child Custody
  148  Jurisdiction and Enforcement Act.
  149         61.709Notice requirement for deploying parent.—
  150         (1)Except as otherwise provided in subsection (3), and
  151  subject to subsection (2), a deploying parent shall notify in a
  152  record to the other parent:
  153         (a)A pending deployment not later than 7 days after
  154  receiving notice of deployment unless he or she is reasonably
  155  prevented from doing so by the circumstances of service, in
  156  which case the deploying parent shall provide notice as soon as
  157  reasonably possible.
  158         (b)A plan fulfilling each parent’s share of custodial
  159  responsibility during deployment provided as soon as reasonably
  160  possible after notice of deployment is given under paragraph
  161  (a).
  162         (2)If a court order prohibits disclosure of the address or
  163  contact information of the other parent, notice pursuant to
  164  subsection (1) must be provided to the issuing court. If the
  165  address of the other parent is available to the issuing court,
  166  the court shall forward the notice to the other parent. The
  167  court shall keep confidential the address or contact information
  168  of the other parent.
  169         (3)Notice pursuant to subsection (1) is not required if
  170  both parents are living in the same residence and have actual
  171  notice of the deployment or plan.
  172         (4)In a proceeding regarding custodial responsibility, a
  173  court may consider the reasonableness of a parent’s efforts to
  174  comply with this section.
  175         61.711Duty to notify of change of address.—
  176         (1)Except as otherwise provided in subsection (2), an
  177  individual granted custodial responsibility during deployment
  178  must notify the deploying parent and any other individual with
  179  custodial responsibility of a child of any change of mailing
  180  address or residence until the grant is terminated. The
  181  individual must provide the notice to any court that has issued
  182  a custody or child support order concerning the child.
  183         (2)If a court order prohibits disclosure of the address or
  184  contact information of an individual to whom custodial
  185  responsibility has been granted, notice pursuant to subsection
  186  (1) must be provided to the issuing court. The court shall keep
  187  confidential the mailing address or residence of the individual
  188  granted custodial responsibility.
  189         61.713General consideration in custody proceeding of
  190  parent’s service.—In a proceeding for custodial responsibility
  191  of a child of a servicemember, a court may not consider a
  192  parent’s past deployment or possible future deployment in
  193  determining the best interest of the child.
  194         61.721Form of custodial responsibility agreement.—
  195         (1)The parents of a child may enter into a temporary
  196  agreement granting custodial responsibility during deployment.
  197         (2)The agreement must be in writing and signed by both
  198  parents and any nonparent granted custodial responsibility.
  199         (3)Subject to subsection (4), the agreement, if feasible,
  200  must:
  201         (a)Identify the destination, duration, and conditions of
  202  the deployment that is the basis for the agreement.
  203         (b)Specify the allocation of caretaking authority among
  204  the deploying parent, the other parent, and any nonparent.
  205         (c)Specify any decisionmaking authority that accompanies a
  206  grant of caretaking authority.
  207         (d)Specify any grant of limited contact to a nonparent.
  208         (e)Provide a process to resolve any dispute that may arise
  209  if custodial responsibility is shared by the other parent and a
  210  nonparent, or by other nonparents.
  211         (f)Specify the frequency, duration, and means, including
  212  electronic means, by which the deploying parent will have
  213  contact with the child, any role to be played by the other
  214  parent or nonparent in facilitating the contact, and the
  215  allocation of any costs of contact.
  216         (g)Specify contact between the deploying parent and child
  217  during the time the deploying parent is on leave or is otherwise
  218  available.
  219         (h)Acknowledge that the agreement does not modify any
  220  existing child support obligation and that changing the terms of
  221  the obligation during deployment requires modification in the
  222  appropriate court.
  223         (i)Provide that the agreement will terminate according to
  224  the procedures under this part after the deploying parent
  225  returns from deployment.
  226         (j)Specify which parent is required to file the agreement
  227  if the agreement must be filed pursuant to s. 61.729.
  228         (4)The omission of any item in subsection (3) does not
  229  invalidate the agreement.
  230         61.723Nature of authority created by custodial
  231  responsibility agreement.—
  232         (1)An agreement granting custodial responsibility during
  233  deployment is temporary and terminates after the deploying
  234  parent returns from deployment unless the agreement has been
  235  terminated before that time by court order or modification under
  236  s. 61.725. The agreement does not create an independent,
  237  continuing right to caretaking authority, decisionmaking
  238  authority, or limited contact for an individual granted
  239  custodial responsibility.
  240         (2)A nonparent granted caretaking authority,
  241  decisionmaking authority, or limited contact by agreement has
  242  standing to enforce the agreement until it is terminated in
  243  writing by agreement of the deploying parent and the other
  244  parent, or in the absence of such agreement, by court order,
  245  under s. 61.761, or modified under s. 61.725.
  246         61.725Modification of agreement.—
  247         (1)The parents of a child may modify an agreement granting
  248  custodial responsibility by mutual consent.
  249         (2)If an agreement is modified before deployment of a
  250  deploying parent, the modification must be in writing and signed
  251  by both parents and any nonparent granted custodial
  252  responsibility under the modified agreement.
  253         (3)If an agreement is modified during deployment of a
  254  deploying parent, the modification must be agreed to in a record
  255  by both parents and any nonparent granted custodial
  256  responsibility.
  257         61.727Power of attorney.—A deploying parent may, by power
  258  of attorney, grant all or part of custodial responsibility to an
  259  adult nonparent for the period of deployment if no other parent
  260  possesses custodial responsibility, or if a court order
  261  currently in effect prohibits contact between the child and the
  262  other parent. The deploying parent may revoke the power of
  263  attorney by signing a revocation of the power of attorney.
  264         61.729Filing custodial responsibility agreement or power
  265  of attorney with court.—An agreement or power of attorney must
  266  be filed within a reasonable time with a court that has entered
  267  an order in effect relating to custodial responsibility or child
  268  support concerning the child who is the subject of the agreement
  269  or power. The case number and heading of the pending case
  270  concerning custodial responsibility or child support must be
  271  provided to the court with the agreement or power.
  272         61.733Proceeding for temporary custody order.—
  273         (1)After a deploying parent receives notice of deployment
  274  and until the deployment terminates, a court may issue a
  275  temporary order granting custodial responsibility unless
  276  prohibited by the Servicemembers Civil Relief Act, Title 50,
  277  Appendix U.S.C. ss. 501 et seq. A court may not issue a
  278  permanent order granting custodial responsibility without the
  279  consent of the deploying parent.
  280         (2)(a)At any time after a deploying parent receives notice
  281  of deployment, either parent may file a motion regarding
  282  custodial responsibility of a child during deployment. The
  283  motion must be filed in a pending proceeding for custodial
  284  responsibility in a court with jurisdiction under s. 61.707 or,
  285  if a pending proceeding does not exist in a court with
  286  jurisdiction under s. 61.707, the motion must be filed in a new
  287  action for granting custodial responsibility during deployment.
  288         (b)If a motion to grant custodial responsibility is filed
  289  under paragraph (a) before a deploying parent deploys, the court
  290  shall conduct an expedited hearing.
  291         61.735Testimony by electronic means.—In a proceeding for a
  292  temporary custody order, a deploying parent, servicemember, or
  293  witness who is not reasonably able to appear in person may
  294  appear, provide testimony, and present evidence by electronic
  295  means unless the court finds good cause to require in-person
  296  testimony.
  297         61.737Effect of prior judicial order or agreement.—In a
  298  proceeding for a temporary grant of custodial responsibility:
  299         (1)A prior judicial order granting custodial
  300  responsibility in the event of deployment is binding on the
  301  court unless circumstances meet the requirements authorized by
  302  general law for modifying a judicial order regarding custodial
  303  responsibility.
  304         (2)The court shall enforce a prior written agreement
  305  between the parents for granting custodial responsibility in the
  306  event of deployment, including an agreement for custodial
  307  responsibility during deployment, unless the court finds that
  308  the agreement is not in the best interest of the child.
  309         61.739Grant of caretaking authority to nonparent.—
  310         (1)Upon the motion of a deploying parent and in accordance
  311  with general law, if it is in the best interest of the child, a
  312  court may grant caretaking authority to a nonparent who is an
  313  adult family member of the child or an adult with whom the child
  314  has a close and substantial relationship.
  315         (2)Unless a grant of caretaking authority to a nonparent
  316  is agreed to by the other parent, the grant is limited to an
  317  amount of time that may not exceed:
  318         (a)The amount of time granted to the deploying parent
  319  under a permanent custody order; however, the court may add
  320  travel time necessary to transport the child; or
  321         (b)In the absence of a permanent custody order that is
  322  currently in effect, the amount of time the deploying parent
  323  habitually cared for the child before being notified of
  324  deployment; however, the court may add travel time necessary to
  325  transport the child.
  326         (3)If the deploying parent is unable to exercise
  327  decisionmaking authority, a court may grant part of that
  328  authority to a nonparent who is an adult family member of the
  329  child or an adult with whom the child has a close and
  330  substantial relationship. If a court grants the authority to a
  331  nonparent, the court shall specify the decisionmaking powers
  332  granted.
  333         61.741Grant of limited contact.—A court shall grant
  334  limited contact to a nonparent who is a family member of the
  335  child or an individual with whom the child has a close and
  336  substantial relationship on motion of a deploying parent and in
  337  accordance with general law unless the court finds that limited
  338  contact with a nonparent would not be in the best interest of
  339  the child.
  340         61.743Nature of authority created by temporary custody
  341  order.—
  342         (1)A grant of authority is temporary and terminates after
  343  the deploying parent returns from deployment unless the grant
  344  has been terminated before that time by written agreement of the
  345  deploying parent and the other parent, or in the absence of such
  346  an agreement, by court order. The grant does not create an
  347  independent, continuing right to caretaking authority,
  348  decisionmaking authority, or limited contact to an individual
  349  granted temporary custody.
  350         (2)A nonparent granted caretaking authority,
  351  decisionmaking authority, or limited contact has standing to
  352  enforce the grant until it is terminated in writing by agreement
  353  of the deploying parent and the other parent, or in the absence
  354  of such an agreement, by court order or under this part.
  355         (3) If a grant of authority is terminated in writing by
  356  agreement of the deploying parent and the other parent, a copy
  357  of the termination agreement shall be filed with the court and
  358  the temporary custody order shall be modified to reflect the
  359  termination. Thereafter the deploying parent and the other
  360  parent may agree on alternative arrangements for custodial
  361  responsibility in compliance with s. 61.721 or either parent may
  362  seek an alternative arrangement for custodial responsibility
  363  under s. 61.749.
  364         61.745Content of temporary custody order.—An order
  365  granting custodial responsibility, when applicable, must:
  366         (1)Designate the order as temporary and provide for
  367  termination after the deploying parent returns from deployment.
  368         (2)Identify, to the extent feasible, the destination,
  369  duration, and conditions of the deployment.
  370         (3)Specify the allocation of caretaking authority,
  371  decisionmaking authority, or limited contact among the deploying
  372  parent, the other parent, and any nonparent.
  373         (4)Provide a process to resolve any dispute that may arise
  374  if the order divides caretaking or decisionmaking authority
  375  between individuals, or grants caretaking authority to one
  376  individual and limited contact to another individual.
  377         (5)Provide for liberal communication between the deploying
  378  parent and the child during deployment, including through
  379  electronic means, unless it is not in the best interest of the
  380  child, and allocate any costs of communication.
  381         (6)Provide for liberal contact between the deploying
  382  parent and the child during the time the deploying parent is on
  383  leave or otherwise available, unless it is not in the best
  384  interest of the child.
  385         (7)Provide for reasonable contact between the deploying
  386  parent and the child after the parent’s return from deployment
  387  until the temporary order is terminated, even if the time of
  388  contact exceeds the time the deploying parent spent with the
  389  child before entry of the temporary order.
  390         61.747Order for child support.—If a court has issued an
  391  order granting caretaking authority, or an agreement granting
  392  caretaking authority has been executed, the court may enter a
  393  temporary order for child support authorized by general law if
  394  the court has jurisdiction under the Uniform Interstate Family
  395  Support Act.
  396         61.749Modifying or terminating grant of custodial
  397  responsibility or limited contact to nonparent.—
  398         (1)Except for an agreement under s. 61.723, or as
  399  otherwise provided in subsection (2), and consistent with the
  400  Servicemembers Civil Relief Act, Title 50, Appendix U.S.C. ss.
  401  501 et seq., a court may modify or terminate a temporary grant
  402  of custodial responsibility on motion of a deploying parent,
  403  other parent, or any nonparent granted caretaking authority if
  404  the modification or termination is consistent with this part and
  405  is in the best interest of the child. A modification is
  406  temporary and terminates after the deploying parent returns from
  407  deployment, unless the grant has been terminated before that
  408  time by court order.
  409         (2)The court shall terminate a grant of limited contact on
  410  motion of a deploying parent.
  411         61.761Procedure for terminating temporary agreement
  412  granting custodial responsibility.—
  413         (1)After a deploying parent returns from deployment, a
  414  deploying parent and the other parent may file with the court an
  415  agreement to terminate a temporary order for custodial
  416  responsibility.
  417         (2)After an agreement has been filed, it shall terminate:
  418         (a)On the date specified on an agreement to terminate
  419  under subsection (1); or
  420         (b)On the date the agreement is signed by the deploying
  421  parent and the other parent if the agreement to terminate does
  422  not specify a date.
  423         (3)In the absence of an agreement to terminate under (1),
  424  a temporary agreement granting custodial responsibility
  425  terminates 30 days after the deploying parent gives notice of
  426  return from deployment to the other parent.
  427         (4)If a temporary agreement granting custodial
  428  responsibility was filed with a court pursuant to s. 61.729, an
  429  agreement to terminate must be filed with the court within a
  430  reasonable time after the deploying parent and other parent sign
  431  the agreement. The case number and heading of the case
  432  concerning custodial responsibility or child support must be
  433  provided to the court with the agreement to terminate.
  434         (5)A proceeding seeking to prevent termination of a
  435  temporary order for custodial responsibility is governed by
  436  general law.
  437         61.763Visitation before termination of temporary grant of
  438  custodial responsibility.—From the time a deploying parent
  439  returns from deployment until a temporary agreement or order for
  440  custodial responsibility is terminated, the court shall issue a
  441  temporary order granting the deploying parent reasonable contact
  442  with the child even if the time of contact exceeds the time the
  443  deploying parent spent with the child before deployment unless
  444  it is not in the best interest of the child.
  445         61.771Relation to electronic signatures in Global and
  446  National Commerce Act.—This act modifies, limits, or supersedes
  447  the Electronic Signatures in Global and National Commerce Act,
  448  15 U.S.C. s. 7001 et seq., but does not modify, limit, or
  449  supersede s. 101(c) of that act, 15 U.S.C. s. 7001(c), or
  450  authorize electronic delivery of any of the notices described in
  451  s. 103(b) of that act, 15 U.S.C. s. 7003(b).
  452         61.773Applicability.—This act does not affect the validity
  453  of a temporary court order concerning custodial responsibility
  454  during deployment entered before July 1, 2018.
  455         Section 2. This act shall take effect July 1, 2018.