Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 124 Ì692654<Î692654 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (4) is added to section 751.01, 6 Florida Statutes, to read: 7 751.01 Purpose of act.—The purposes of this chapter are to: 8 (4) Protect the welfare of minor children by allowing 9 transitions of custody consistent with their best interest. 10 Section 2. Section 751.011, Florida Statutes, is amended to 11 read: 12 751.011 Definitions.—As used in this chapter, the term: 13 (1) “Concurrent custody” means that an eligible extended 14 family member is awarded custodial rights to care for a child 15 concurrently with the child’s parent or parents. 16 (2) “Extended family member” means a person who is: 17 (a) A relative of a minor child within the third degree by 18 blood or marriage to the parent;
or19 (b) The stepparent of a minor child if the stepparent is 20 currently married to the parent of the child and is not a party 21 in a pending dissolution, separate maintenance, domestic 22 violence, or other civil or criminal proceeding in any court of 23 competent jurisdiction involving one or both of the child’s 24 parents as an adverse party; or 25 (c) An individual who qualifies as “fictive kin” as defined 26 in s. 39.01. 27 Section 3. Subsection (2) of section 751.02, Florida 28 Statutes, is amended to read 29 751.02 Temporary or concurrent custody proceedings; 30 jurisdiction.— 31 (2) In addition to the requirements of subsection (1), an 32 individual seeking concurrent custody must: 33 (a) Currently have physical custody of the child or and34 have had physical custody of the child for at least 10 days in 35 any 30-day period within the last 12 months; and 36 (b) Not have signed, written documentation from a parent 37 which is sufficient to enable the custodian to do all of the 38 things necessary to care for the child which are available to 39 custodians who have an order issued under s. 751.05. 40 Section 4. Subsection (13) of section 751.03, Florida 41 Statutes, is amended, and subsection (14) is added to that 42 section, to read: 43 751.03 Petition for temporary or concurrent custody; 44 contents.—Each petition for temporary or concurrent custody of a 45 minor child must be verified by the petitioner, who must be an 46 extended family member, and must contain statements, to the best 47 of the petitioner’s knowledge and belief, providing: 48 (13) A statement ofThe period of time for which the 49 petitioner is requesting temporary custody, including a 50 statement of the reasons supporting that request. 51 (14) Any other provisions that are related to the best 52 interest of the child which have been requested by the parties, 53 including, but not limited to, a plan for transitioning custody. 54 Section 5. Subsections (4), (6), and (7) of section 751.05, 55 Florida Statutes, are amended to read: 56 751.05 Order granting temporary or concurrent custody.— 57 (4) The order granting: 58 (a) Concurrent custody of the minor child may not eliminate 59 or diminish the custodial rights of the child’s parent or 60 parents. The order must expressly state that the grant of 61 custody does not affect the ability of the child’s parent or 62 parents to obtain physical custody of the child at any time, 63 except that the court may approve provisions requested in the 64 petition which are related to the best interest of the child. 65 (b) Temporary custody of the minor child to the petitioner 66 may include provisions requested in the petition which are 67 related to the best interest of the child and may also grant 68 visitation rights to the child’s parent or parents, if it is in 69 the best interest of the child. 70 (6) At any time, either or both of the child’s parents may 71 petition the court to modify or terminate the order granting 72 temporary custody. The court shall terminate the order upon a 73 finding that the parent is a fit parent, or by consent of the 74 parties, except that the court may require the parties to comply 75 with provisions approved in the order which are related to the 76 best interest of the child. The court may modify an order 77 granting temporary custody if the parties consent or if 78 modification is in the best interest of the child. 79 (7) At any time, the petitioner or either or both of the 80 child’s parents may move the court to terminate the order 81 granting concurrent custody. 82 (a) The court shall terminate the order upon a finding that 83 either or both of the child’s parents object to the order, 84 except that the court may require the parties to comply with 85 provisions approved in the order which are related to the best 86 interest of the child. 87 (b) The fact that an order for concurrent custody has been 88 terminated does not preclude any person who is otherwise 89 eligible to petition for temporary custody from filing such 90 petition. 91 Section 6. This act shall take effect July 1, 2020. 92 93 ================= T I T L E A M E N D M E N T ================ 94 And the title is amended as follows: 95 Delete everything before the enacting clause 96 and insert: 97 A bill to be entitled 98 An act relating to custody of minor children by 99 extended family; amending s. 751.01, F.S.; revising 100 the purposes of ch. 751, F.S.; amending s. 751.011, 101 F.S.; revising the definition of the term “extended 102 family member”; amending s. 751.02, F.S.; revising the 103 requirements for individuals seeking concurrent 104 custody; amending s. 751.03, F.S.; allowing any other 105 provisions related to the best interest of the child 106 to be considered in a petition for temporary or 107 concurrent custody; amending s. 751.05, F.S.; 108 authorizing courts to include provisions requested in 109 petitions for temporary or concurrent custody which 110 relate to the best interest of the child; authorizing 111 courts to require parties to comply with provisions 112 approved in the order which relate to the best 113 interest of the child; providing an effective date.