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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 support of dependent adult 2
children; creating s. 61.1255, F.S.; defining the term 3
"dependent adult child"; specifying that the parent of 4
a dependent adult child is responsible for supporting 5
the dependent adult child; specifying persons who may 6
file an action to establish support of a dependent 7
adult child; specifying a timeframe in which such 8
actions may be filed; providing an exception; 9
providing procedures for establishing such support; 10
specifying persons to whom such support must be p aid; 11
authorizing the court to assign support to certain 12
trusts on behalf of the dependent adult child; 13
prohibiting the Department of Revenue from filing 14
certain petitions; providing applicability; amending 15
s. 61.13, F.S.; prohibiting child support from 16
terminating on a child's 18th birthday under certain 17
circumstances; revising the timeframe in which a court 18
may modify child support orders; authorizing either 19
parent to consent to mental health treatment of his or 20
her child unless otherwise specified in the parenting 21
plan; amending s. 61.29, F.S.; prohibiting child 22
support guidelines from applying to certain cases; 23
amending s. 61.30, F.S.; specifying persons for whom a 24
court may order child support; creating s. 61.31, 25
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F.S.; requiring a court to consider speci fied factors 26
when determining the amount of support for a dependent 27
adult child; authorizing the court to assign support 28
to certain trusts on behalf of the dependent adult 29
child; amending s. 393.12, F.S.; providing an 30
additional circumstance under which a guardian 31
advocate must be represented by an attorney in 32
guardianship proceedings; authorizing a certain 33
petition to include a specified request; amending ss. 34
742.031 and 744.3021, F.S.; conforming provisions to 35
changes made by the act; amending s. 742.06, F.S.; 36
providing requirements for determining modifications 37
of child support and time -sharing; creating s. 38
744.1013, F.S.; providing guardianship courts with 39
jurisdiction over claims for support of a dependent 40
adult child; specifying persons to whom such su pport 41
must be paid; authorizing the court to assign support 42
to certain trusts on behalf of the dependent adult 43
child; specifying that certain support orders take 44
precedence; creating s. 744.422, F.S.; authorizing 45
guardians of dependent adult children to pe tition the 46
court for certain support payments under certain 47
circumstances; providing requirements for determining 48
the amount of such support; providing an effective 49
date. 50
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51
Be It Enacted by the Legislature of the State of Florida: 52
53
Section 1. Section 61.1255, Florida Statutes, is created 54
to read: 55
61.1255 Support of dependent adult children; powers of 56
court.— 57
(1) For purposes of this section, the term "dependent 58
adult child" means an unmarried adult, as defined in s. 39.01, 59
who is incapable of sel f-support as a result of a physical or 60
mental incapacity that began before the person attained the age 61
of 18. 62
(2) The parent of a dependent adult child is responsible 63
for supporting that child. 64
(3) An action to establish support of a dependent adult 65
child may only be filed by: 66
(a) The dependent adult child or his or her agent under a 67
durable power of attorney, if the dependent adult child's right 68
to sue or defend lawsuits has not been removed by the court, in 69
the circuit court in the county in which t he dependent adult 70
child resides; 71
(b) A parent or other person on behalf of the dependent 72
adult child under chapter 393 or chapter 744; or 73
(c) The dependent adult child's guardian advocate 74
appointed under chapter 393 or guardian appointed under chapter 75
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744. 76
(4) An action to establish support of a dependent adult 77
child may be filed at any time after he or she reaches the age 78
of 17 years and 6 months unless a court order for support was 79
established during the child's minority. 80
(5) If a court has conti nuing jurisdiction over the 81
parties based on a child support order, the parties may agree to 82
extend support in the existing case if they file a written 83
agreement, signed by both parties, with the court for approval 84
before the dependent adult child reaches the age of 18. 85
Otherwise, the amount of support to be paid to the dependent 86
adult child must be established in a guardianship proceeding or 87
in a separate support proceeding. This subsection does not 88
prohibit a court from establishing support, ordering cont inued 89
support, or enforcing or modifying a support order established 90
under this chapter absent an agreement by the parties. 91
(6) The payments for a support order entered after the 92
dependent adult child reaches the age of 18 must be paid to the 93
dependent adult child or his or her court -appointed guardian 94
advocate, guardian, or attorney in fact. However, the court may 95
irrevocably assign an amount of support to a special needs trust 96
as described in 42 U.S.C. s. 1396p(d)(4) or to a pooled trust as 97
described in 42 U.S.C. s. 1396p(d)(4)(C) that was established 98
for the dependent adult child by the dependent adult child, his 99
or her agent under a durable power of attorney, the court, a 100
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parent or grandparent, a guardian, or a court -appointed guardian 101
advocate in order to maintain the dependent adult child's means -102
based government benefits. 103
(7) The Department of Revenue may not file a petition to 104
establish, modify, or enforce a support order under this 105
section. 106
(8) This section only applies to a support order, as 107
defined in s. 61.046, for a dependent adult child. Other 108
decisions to be made on behalf of a dependent adult child, 109
including where the dependent adult child will live, must be 110
established in a guardian ship proceeding brought under chapter 111
393 or chapter 744. 112
Section 2. Paragraph (a) of subsection (1) and paragraph 113
(b) of subsection (2) of section 61.13, Florida Statutes, are 114
amended to read: 115
61.13 Support of children; parenting and time -sharing; 116
powers of court.— 117
(1)(a) In a proceeding under this chapter, the court may 118
at any time order either or both parents who owe a duty of 119
support to a child to pay support to the other parent or , in the 120
case of both parents, to a third party who has custody i n 121
accordance with the child support guidelines schedule in s. 122
61.30. 123
1. All child support orders and income deduction orders 124
entered on or after October 1, 2010, must include all of the 125
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following provide: 126
a. For child support to terminate on a child's 18th 127
birthday unless the court finds or previously found that the 128
minor child, or the child who is dependent in fact and 18 years 129
of age, is still in high school, and is performing in good faith 130
with a reasonable expectation of graduation before he or she 131
reaches the age of 19 s. 743.07(2) applies , or the continued 132
support is otherwise agreed to by the parties .; 133
b. A schedule, based on the record existing at the time of 134
the order, stating the amount of the monthly child support 135
obligation for all the mino r children at the time of the order 136
and the amount of child support that will be owed for any 137
remaining children after one or more of the children are no 138
longer entitled to receive child support .; and 139
c. The month, day, and year that the reduction or 140
termination of child support becomes effective. 141
2. The court initially entering an order requiring one or 142
both parents to make child support payments has continuing 143
jurisdiction after the entry of the initial order to modify the 144
amount and terms and conditi ons of the child support payments if 145
the modification is found by the court to be in the best 146
interests of the child and; when the child reaches majority; if 147
there is a substantial change in the circumstances of the 148
parties; if the minor child, or the chil d who is dependent in 149
fact and 18 years of age, is still in high school, and is 150
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performing in good faith with a reasonable expectation of 151
graduation before he or she reaches the age of 19 s. 743.07(2) 152
applies; or when a child is emancipated, marries, joins the 153
armed services, or dies. The court initially entering a child 154
support order has continuing jurisdiction to require the obligee 155
to report to the court on terms prescribed by the court 156
regarding the disposition of the child support payments. 157
(2) 158
(b) A parenting plan approved by the court must, at a 159
minimum: 160
1. Describe in adequate detail how the parents will share 161
and be responsible for the daily tasks associated with the 162
upbringing of the child .; 163
2. Include the time -sharing schedule arrangements that 164
specify the time that the minor child will spend with each 165
parent.; 166
3. Designate who will be responsible for: 167
a. Any and all forms of health care. If the court orders 168
shared parental responsibility over health care decisions, the 169
parenting plan must provide that either parent may consent to 170
mental health treatment for the child unless otherwise stated in 171
the parenting plan. 172
b. School-related matters, including the address to be 173
used for school-boundary determination and registration. 174
c. Other activities.; and 175
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4. Describe in adequate detail the methods and 176
technologies that the parents will use to communicate with the 177
child. 178
Section 3. Section 61.29, Florida Statutes, is amended to 179
read: 180
61.29 Child support guidelines; principles ; 181
applicability.— 182
(1) The following principles establish the public policy 183
of the state of Florida in the creation of the child support 184
guidelines: 185
(a)(1) Each parent has a fundamental obligation to support 186
his or her minor or legally dependent child. 187
(b)(2) The guidelines schedule is based on the parent's 188
combined net income estimated to have been allocated to the 189
child as if the parents and children were living in an intact 190
household. 191
(c)(3) The guidelines encourage fair and efficient 192
settlement of support issues between parents and minimizes the 193
need for litigation. 194
(2) The child support guidelines do not apply to the 195
amount of support for a dependent adult child as defined in s. 196
61.1255(1). The amount of support for a dependent adult child is 197
determined under s. 61.31. 198
Section 4. Paragraph (a) of subsection (1) of section 199
61.30, Florida Statutes, is amended to read: 200
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61.30 Child support guidelines; retroactive child 201
support.— 202
(1)(a) The child support guideline amount as determined by 203
this section presumptively establishes the amount the trier of 204
fact shall order for a minor child or a child who is dependent 205
in fact and 18 years of age, still in high school, and is 206
performing in good faith with a reasonable expectation of 207
graduation before he or s he reaches the age of 19 as child 208
support in an initial proceeding for such support or in a 209
proceeding for modification of an existing order for such 210
support, whether the proceeding arises under this or another 211
chapter. The trier of fact may order payment of child support 212
which varies, plus or minus 5 percent, from the guideline 213
amount, after considering all relevant factors, including the 214
needs of the child or children, age, station in life, standard 215
of living, and the financial status and ability of each parent. 216
The trier of fact may order payment of child support in an 217
amount which varies more than 5 percent from such guideline 218
amount only upon a written finding explaining why ordering 219
payment of such guideline amount would be unjust or 220
inappropriate. Notwithstanding the variance limitations of this 221
section, the trier of fact shall order payment of child support 222
which varies from the guideline amount as provided in paragraph 223
(11)(b) whenever any of the children are required by court order 224
or mediation agreement to spend a substantial amount of time 225
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with either parent. This requirement applies to any living 226
arrangement, whether temporary or permanent. 227
Section 5. Section 61.31, Florida Statutes, is created to 228
read: 229
61.31 Amount of support for a dependent adult child. — 230
(1) In determining the amount of support to be paid after 231
a dependent adult child as defined in s. 61.1255(1) reaches 18 232
years of age, the specific terms and conditions of such support, 233
and the rights and duties of both parents wi th respect to the 234
support, the court must determine and give special consideration 235
to all of the following: 236
(a) The dependent adult child's income and assets. 237
(b) Any existing or future needs of the dependent adult 238
child which are directly related to h is or her mental or 239
physical incapacity and the substantial care and personal 240
supervision directly required by or related to that incapacity. 241
(c) Whether a parent pays for or will pay for the care or 242
supervision of the dependent adult child or provides o r will 243
provide substantial care or personal supervision to the 244
dependent adult child himself or herself. 245
(d) The financial resources available to each parent for 246
the support, care, and supervision of the dependent adult child. 247
(e) Any other financial r esources or other resources or 248
programs available for the support, care, and supervision of the 249
dependent adult child. 250
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(2) The court may irrevocably assign an amount of support 251
to a special needs trust as described in 42 U.S.C. s. 252
1396p(d)(4) or to a poo led trust as described in 42 U.S.C. s. 253
1396p(d)(4)(C) that was established for the dependent adult 254
child by the dependent adult child, his or her agent under a 255
durable power of attorney, the court, a parent or grandparent, a 256
guardian, or a court -appointed guardian advocate in order to 257
maintain the dependent adult child's means -based government 258
benefits. 259
(3) The court must take into consideration any state or 260
federal programs and benefits that the dependent adult child is 261
receiving and the effect that orde ring support would have on the 262
dependent adult child's continued eligibility for such programs 263
and benefits. 264
Section 6. Paragraph (b) of subsection (2) and subsection 265
(3) of section 393.12, Florida Statutes, are amended to read: 266
393.12 Capacity; appo intment of guardian advocate. — 267
(2) APPOINTMENT OF A GUARDIAN ADVOCATE. — 268
(b) A person who is being considered for appointment or is 269
appointed as a guardian advocate does need not need to be 270
represented by an attorney unless required by the court or if 271
the guardian advocate is delegated any rights regarding property 272
other than the right to be the representative payee for 273
government benefits or to receive periodic payments for the 274
support, care, maintenance, education, or other needs of the 275
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person with a developmental disability . This paragraph applies 276
only to proceedings relating to the appointment of a guardian 277
advocate and the court's supervision of a guardian advocate and 278
is not an exercise of the Legislature's authority under pursuant 279
to s. 2(a), Art. V of the State Constitution. 280
(3) PETITION.— 281
(a) A petition to appoint a guardian advocate for a person 282
with a developmental disability may be executed by an adult 283
person who is a resident of this state. The petition must be 284
verified and must include all of the following information : 285
1.(a) State The name, age, and present address of the 286
petitioner and his or her relationship to the person with a 287
developmental disability .; 288
2.(b) State The name, age, county of residence, and 289
present address of the pers on with a developmental disability .; 290
3.(c) Allege that the petitioner believes that the person 291
needs a guardian advocate and specify the factual information on 292
which such belief is based .; 293
4.(d) Specify the exact areas in which the person lacks 294
the decisionmaking ability to make informed decisions about his 295
or her care and treatment services or to meet the essential 296
requirements for his or her physical health or safety .; 297
5.(e) Specify the legal disabilities to which the person 298
is subject.; and 299
6.(f) State The name of the proposed guardian advocate, 300
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the relationship of that person to the person with a 301
developmental disability; the relationship that the proposed 302
guardian advocate had or has with a provider of health care 303
services, residential services, or other services to the person 304
with a developmental disability; and the reason why this person 305
should be appointed. 306
7. If a willing and qualified guardian advocate cannot be 307
located, the petition shall so state . 308
(b) A petition to appoint a guardian a dvocate may include 309
a request for periodic payments to be made by either or both 310
parents of the person with a developmental disability for the 311
support, care, maintenance, education, or other needs of the 312
person with a developmental disability. 313
Section 7. Subsection (1) of section 742.031, Florida 314
Statutes, is amended to read: 315
742.031 Hearings; court orders for support, hospital 316
expenses, and attorney fees attorney's fee.— 317
(1) Hearings for the purpose of establishing or refuting 318
the allegations of th e complaint and answer must shall be held 319
in the chambers and may be restricted to persons, in addition to 320
the parties involved and their counsel, as the judge in his or 321
her discretion may direct. The court shall determine the issues 322
of paternity of the ch ild and the ability of the parents to 323
support the child. Each party's social security number must 324
shall be recorded in the file containing the adjudication of 325
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paternity. If the court finds that the alleged father is the 326
father of the child, it shall so ord er. If appropriate, the 327
court shall order the father to pay the complainant, her 328
guardian, or any other person assuming responsibility for the 329
child moneys sufficient to pay reasonable attorney attorney's 330
fees, hospital or medical expenses, cost of confine ment, and any 331
other expenses incident to the birth of the child and to pay all 332
costs of the proceeding. Bills for pregnancy, childbirth, and 333
scientific testing are admissible as evidence without requiring 334
third-party foundation testimony, and shall constitute prima 335
facie evidence of amounts incurred for such services or for 336
testing on behalf of the child. The court shall order either or 337
both parents owing a duty of support to the child to pay support 338
pursuant to chapter 61 s. 61.30. The court shall issue, u pon 339
motion by a party, a temporary order requiring child support for 340
a minor under pursuant to s. 61.30 pending an administrative or 341
judicial determination of parentage, if there is clear and 342
convincing evidence of paternity on the basis of genetic tests 343
or other evidence. The court may also make a determination of an 344
appropriate parenting plan, including a time -sharing schedule, 345
in accordance with chapter 61. 346
Section 8. Section 742.06, Florida Statutes, is amended to 347
read: 348
742.06 Jurisdiction retaine d for future orders. —The court 349
shall retain jurisdiction of the cause for the purpose of 350
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entering such other and further orders as changing circumstances 351
of the parties may in justice and equity require. Modifications 352
of child support and time -sharing must be determined in 353
accordance with chapter 61. 354
Section 9. Section 744.1013, Florida Statutes, is created 355
to read: 356
744.1013 Jurisdiction. —The court has jurisdiction over 357
claims for support of a dependent adult child as defined in s. 358
61.1255(1) and shall adjudicate the financial obligation, 359
including health insurance, of the dependent adult child's 360
parents and enforce the financial obligation as provided under 361
chapter 61. All support required to be paid in relation to a 362
dependent adult child over the age of 18 must be paid to the 363
dependent adult child or his or her court -appointed guardian 364
advocate, guardian, or attorne y in fact. However, the court may 365
irrevocably assign the amount of support to a special needs 366
trust as described in 42 U.S.C. s. 1396p(d)(4) or to a pooled 367
trust as described in 42 U.S.C. s. 1396p(d)(4)(C) that was 368
established for the dependent adult child by the dependent adult 369
child, his or her agent under a durable power of attorney, the 370
court, a parent or grandparent, a guardian, or a court -appointed 371
guardian advocate in order to maintain the dependent adult 372
child's means-based government benefits. Any order for support 373
entered in a proceeding under this chapter or chapter 393 takes 374
precedence over any support order entered pursuant to chapter 375
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61. 376
Section 10. Subsection (4) of section 744.3021, Florida 377
Statutes, is amended to read: 378
744.3021 Guardians of minors.— 379
(4) If a petition is filed under pursuant to this section 380
requesting appointment of a guardian for a minor who is the 381
subject of any proceeding under chapter 39 or chapter 61 and who 382
is aged 17 years and 6 months or older, the court divisi on with 383
jurisdiction over guardianship matters has jurisdiction over the 384
proceedings under s. 744.331. The alleged incapacitated minor 385
under this subsection shall be provided all the due process 386
rights conferred upon an alleged incapacitated adult under 387
pursuant to this chapter and applicable court rules. The order 388
of adjudication under s. 744.331 and the letters of limited or 389
plenary guardianship may issue upon the minor's 18th birthday or 390
as soon thereafter as possible. Any proceeding under pursuant to 391
this subsection must shall be conducted separately from any 392
other proceeding. 393
Section 11. Section 744.422, Florida Statutes, is created 394
to read: 395
744.422 Petition for support of a dependent adult child. —396
Pursuant to s. 61.1255, the guardian of a dependen t adult child 397
may petition the court for an order requiring either or both 398
parents of the dependent adult child to pay periodic amounts for 399
the support, care, maintenance, education, and any other needs 400
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of the dependent adult child, if not otherwise provid ed for in 401
the guardianship plan. The amount of support for the dependent 402
adult child is determined pursuant to s. 61.31. 403
Section 12. This act shall take effect July 1, 2023. 404