Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 124
       
       
       
       
       
       
                                Ì692654<Î692654                         
       
                              LEGISLATIVE ACTION                        
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       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; or
   19         (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 and
   34  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 of The 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.