Florida 2022 2022 Regular Session

Florida House Bill H0339 Introduced / Bill

Filed 10/19/2021

                       
 
HB 339  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0339-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to family law court recordings; 2 
amending s. 61.13, F.S.; requiring that certain family 3 
law court proceedings be electronically or 4 
stenographically recorded; prohibiting such recording 5 
from omitting any part of the proceeding; providing 6 
exceptions; requiring that the recordings or 7 
transcripts of the proceedings be made available to 8 
the parties for purchase; requiring the court to 9 
provide an indigent party with an electronic recording 10 
of the proceedings at no cost, upon request; requiring 11 
the court to provide an indigent party with a 12 
specified transcript of the proceedings at no cost 13 
under certain circumstances; amending ss. 61.1827 and 14 
409.2579, F.S.; conforming cross -references; providing 15 
an effective date. 16 
 17 
Be It Enacted by the Legislature of the State of Florida: 18 
 19 
 Section 1.  Subsections (7), (8), and (9) of section 61.13, 20 
Florida Statutes, are renumbered as subsections (8), (9), and 21 
(10), respectively, and a new subsection (7) is added to that 22 
section, to read: 23 
 61.13  Support of children; parenting and time -sharing; 24 
powers of court.— 25     
 
HB 339  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 (7)(a)  Any court proceeding in which issues of parental 26 
responsibility or time -sharing are noticed must be 27 
electronically or stenographically recorded to establish a 28 
complete record, and the recordings or transcripts of the 29 
proceeding must be made available to the parties for purchase. 30 
The electronic or stenographic recording may not omit any p art 31 
of the proceeding unless all of the parties agree, upon the 32 
request of one party for good cause shown, or upon the request 33 
of the guardian ad litem based on the safety, well -being, or 34 
best interests of the child. The court must approve the 35 
agreement or request. 36 
 (b)  Upon request, the court must provide an electronic 37 
recording of the proceeding, at no cost, to a party who has been 38 
determined indigent by the court or by the clerk of court 39 
pursuant to s. 27.52. Upon entry of a court order or if an 40 
indigent party files an appeal, the court must provide 41 
transcripts of the proceeding that are prepared by an approved 42 
court reporter or transcriptionist at no cost to the indigent 43 
party. 44 
 Section 2.  Subsection (1) of section 61.1827, Florida 45 
Statutes, is amended to read: 46 
 61.1827  Identifying information concerning applicants for 47 
and recipients of child support services. — 48 
 (1)  Any information that reveals the identity of 49 
applicants for or recipients of child support services, 50     
 
HB 339  	2022 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
including the name, address, and t elephone number of such 51 
persons, held by a non -Title IV-D county child support 52 
enforcement agency is confidential and exempt from s. 119.07(1) 53 
and s. 24(a) of Art. I of the State Constitution. The use or 54 
disclosure of such information by the non -Title IV-D county 55 
child support enforcement agency is limited to the purposes 56 
directly connected with: 57 
 (a)  Any investigation, prosecution, or criminal or civil 58 
proceeding connected with the administration of any non -Title 59 
IV-D county child support enforcement prog ram; 60 
 (b)  Mandatory disclosure of identifying and location 61 
information as provided in s. 61.13(8) s. 61.13(7) by the non-62 
Title IV-D county child support enforcement agency when 63 
providing non-Title IV-D services; 64 
 (c)  Mandatory disclosure of information a s required by ss. 65 
409.2577, 61.181, 61.1825, and 61.1826 and Title IV -D of the 66 
Social Security Act; or 67 
 (d)  Disclosure to an authorized person, as defined in 45 68 
C.F.R. s. 303.15, for purposes of enforcing any state or federal 69 
law with respect to the unlaw ful taking or restraint of a child 70 
or making or enforcing a parenting plan. As used in this 71 
paragraph, the term "authorized person" includes a parent with 72 
whom the child does not currently reside, unless a court has 73 
entered an order under s. 741.30, s. 741 .31, or s. 784.046. 74 
 Section 3.  Subsection (1) of section 409.2579, Florida 75     
 
HB 339  	2022 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
Statutes, is amended to read: 76 
 409.2579  Safeguarding Title IV -D case file information. — 77 
 (1)  Information concerning applicants for or recipients of 78 
Title IV-D child support services is confidential and exempt 79 
from the provisions of s. 119.07(1). The use or disclosure of 80 
such information by the IV -D program is limited to purposes 81 
directly connected with: 82 
 (a)  The administration of the plan or program approved 83 
under part A, part B, part D, part E, or part F of Title IV; 84 
under Title II, Title X, Title XIV, Title XVI, Title XIX, or 85 
Title XX; or under the supplemental security income program 86 
established under Title XVI of the Social Security Act; 87 
 (b)  Any investigation, prosecuti on, or criminal or civil 88 
proceeding connected with the administration of any such plan or 89 
program; 90 
 (c)  The administration of any other federal or federally 91 
assisted program which provides service or assistance, in cash 92 
or in kind, directly to individuals on the basis of need; 93 
 (d)  Reporting to an appropriate agency or official, 94 
information on known or suspected instances of physical or 95 
mental injury, child abuse, sexual abuse or exploitation, or 96 
negligent treatment or maltreatment of a child who is the 97 
subject of a support enforcement activity under circumstances 98 
which indicate that the child's health or welfare is threatened 99 
thereby; and 100     
 
HB 339  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
 (e)  Mandatory disclosure of identifying and location 101 
information as provided in s. 61.13(8) s. 61.13(7) by the IV-D 102 
program when providing Title IV -D services. 103 
 Section 4.  This act shall take effect July 1, 2024. 104