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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 for dependent adult 2
children; creating s. 61.1255, F.S.; providing 3
legislative intent; defining the term "dependent adult 4
child"; requiring that certain rights of a parent or 5
another person be established in a guardianship 6
proceeding; providing construction; specifying 7
individuals who may file a suit to establish support 8
for a dependent adult child; specifying a timeframe 9
during which such suits may be filed; providing an 10
exception; specifying procedures for establishing 11
support; providing construct ion; specifying who may 12
receive such support before and after the dependent 13
adult child reaches the age of 18; authorizing the 14
court to assign support to certain trusts established 15
for a dependent adult child for a specified purpose; 16
prohibiting the Depart ment of Revenue from filing 17
petitions to establish, modify, or enforce certain 18
support orders; amending s. 61.13, F.S.; conforming a 19
provision to changes made by the act; specifying that 20
a child support order does not terminate on the 21
child's 18th birthday in certain circumstances; 22
specifying that a court may modify a child support 23
order for a minor child or child who is dependent in 24
fact under certain circumstances; authorizing either 25
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parent to consent to mental health treatment for a 26
child unless stated o therwise in the parenting plan; 27
amending s. 61.29, F.S.; providing that the child 28
support guidelines do not apply to certain cases and 29
that such cases are determined under other provisions 30
of law; amending s. 61.30, F.S.; conforming a 31
provision to changes made by the act; creating s. 32
61.31, F.S.; providing factors a court must consider 33
when determining the amount of support for a dependent 34
adult child; authorizing the court to assign support 35
to certain trusts established for a dependent adult 36
child for a specified purpose; requiring the court to 37
consider certain state and federal programs and 38
benefits when making its decisions; prohibiting the 39
court from ordering support that will cause 40
ineligibility for certain programs; amending s. 41
393.12, F.S.; providing an additional circumstance 42
under which a guardian advocate must be represented by 43
an attorney in guardianship proceedings; specifying 44
that petitions to appoint a guardian advocate for a 45
person with a developmental disability may include 46
certain requests for support from the person's parent 47
or parents; providing construction; amending s. 48
742.031, F.S.; authorizing, rather than requiring, the 49
court to order a father pay attorney fees to certain 50
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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
persons under certain circumstances; amending s. 51
742.06, F.S.; conforming a provision to changes made 52
by the act; creating s. 744.1013, F.S.; assigning 53
jurisdiction over petitions for support of dependent 54
adult children to the guardianship court; specifying 55
who may receive such support for dependent adult 56
children over the age of 18; authorizing a court to 57
assign support to certain trusts established for a 58
dependent adult child for a specified purpose; 59
specifying that such support orders supersede any 60
orders entered under certain provisions of law; 61
amending s. 744.3021, F.S.; conforming provisions to 62
changes made by the act; creating s. 744.422, F.S.; 63
authorizing a guardian of a dependent adult child to 64
petition the court for certain support payments from 65
the dependent adult child's parent or parents in 66
certain circumstances; specifying that the amount of 67
such support is determined pursuant to certain 68
provisions of law; providing construction; providing 69
an effective date. 70
71
Be It Enacted by the Legislature of the State of Florida: 72
73
Section 1. Section 61.1255, Florid a Statutes, is created 74
to read: 75
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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
61.1255 Support for dependent adult children; legislative 76
intent; powers of court. — 77
(1) LEGISLATIVE INTENT. —It is the intent of the 78
Legislature to: 79
(a) Codify and clarify existing common law and Florida 80
case law recognizing that the parents of a dependent adult child 81
have an obligation to support that child; 82
(b) Provide procedures for establishing support for a 83
dependent adult child; and 84
(c) Provide safeguards, when establishing court -ordered 85
support for a dependent adult child, to protect and preserve any 86
means-based government benefits the dependent adult child is 87
receiving or may be entitled to receive. 88
(2) POWERS OF COURT. — 89
(a) For purposes of this section, the term "dependent 90
adult child" means an unmarried adult who is incapable of self -91
support as a result of a physical or mental incapacity that 92
began before the person reached the age of 18. 93
(b) The right of a parent or another person to decide 94
where the dependent adult child will live must be established in 95
a guardianship proceeding brought under chapter 393 or chapter 96
744. This paragraph may not be construed to require guardian 97
advocacy under chapter 393 or a guardianship under chapter 744 98
in order for a court to order support for a dependent adult 99
child. 100
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(c) A suit to establish support for a dependent adult 101
child may only be filed by one of the following: 102
1. The dependent adult child or his or her agent under a 103
durable power of attorney. Any such action must be brought in 104
the circuit court in the coun ty in which the dependent adult 105
child resides. 106
2. A parent or other person on behalf of the dependent 107
adult child. Any such action must be brought under chapter 393 108
or chapter 744. 109
3. The dependent adult child's guardian advocate appointed 110
under chapter 393 or guardian appointed under chapter 744, if 111
the dependent adult child's right to sue or defend lawsuits has 112
been removed by the court. 113
(d) A suit to establish support for a dependent adult 114
child may be filed at any time after he or she reaches the age 115
of 17 years and 6 months, unless such an order is already in 116
place, having been established during the child's minority. 117
(e) If a court has jurisdiction over the parties because 118
of an issue of child support, the parents may agree in writing 119
to provide for dependent adult child support in the existing 120
case if the agreement is submitted to the court for approval 121
before the dependent adult child reaches the age of 18. 122
Otherwise, the amount of support to be paid by one or both 123
parents must be established in a guardianship proceeding or in a 124
separate support proceeding in circuit court pursuant to 125
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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
subparagraph (c)1. This section does not preclude a court from 126
establishing support, ordering continued support, or enforcing 127
or modifying support orders establis hed under this chapter. 128
(f) Support ordered after the dependent adult child 129
reaches the age of 18 may be paid only to the dependent adult 130
child or his or her court -appointed guardian advocate, guardian, 131
or agent under a durable power of attorney. However , the court 132
may irrevocably assign the support to a special needs trust 133
under 42 U.S.C. s. 1396p(d)(4) or to a pooled trust under 42 134
U.S.C. s. 1396p(d)(4)(C) established for the dependent adult 135
child by the dependent adult child, his or her agent under a 136
durable power of attorney, the court, a parent or grandparent, a 137
guardian, or a guardian advocate who has been delegated those 138
rights in order to maintain the dependent adult child's means -139
based government benefits. 140
(g) The Department of Revenue may not f ile a petition to 141
establish, modify, or enforce a support order under this 142
section. 143
Section 2. Paragraph (a) of subsection (1) and paragraph 144
(b) of subsection (2) of section 61.13, Florida Statutes, are 145
amended to read: 146
61.13 Support of children; par enting and time-sharing; 147
powers of court.— 148
(1)(a) In a proceeding under this chapter, the court may 149
at any time order either or both parents who owe a duty of 150
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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
support to a child to pay support to the other parent or , in the 151
case of both parents, to a third party who has custody in 152
accordance with the child support guidelines schedule in s. 153
61.30. 154
1. All child support orders and income deduction orders 155
entered on or after October 1, 2010, must provide: 156
a. For child support to terminate on a child's 18t h 157
birthday unless the court finds or previously found that the 158
minor child, or the child who is dependent in fact and between 159
the ages of 18 and 19, is still in high school and is performing 160
in good faith with a reasonable expectation of graduation before 161
he or she reaches the age of 19 s. 743.07(2) applies , or the 162
continued support is otherwise agreed to by the parties; 163
b. A schedule, based on the record existing at the time of 164
the order, stating the amount of the monthly child support 165
obligation for all the minor children at the time of the order 166
and the amount of child support that will be owed for any 167
remaining children after one or more of the children are no 168
longer entitled to receive child support; and 169
c. The month, day, and year that the reductio n or 170
termination of child support becomes effective. 171
2. The court initially entering an order requiring one or 172
both parents to make child support payments has continuing 173
jurisdiction after the entry of the initial order to modify the 174
amount and terms and conditions of the child support payments 175
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if: the modification is found by the court to be in the best 176
interests of the child; when the child reaches majority; if 177
there is a substantial change in the circumstances of the 178
parties; the minor child, or the ch ild who is dependent in fact 179
and between the ages of 18 and 19, is still in high school and 180
is performing in good faith with a reasonable expectation of 181
graduation before he or she reaches the age of 19 if s. 182
743.07(2) applies; or the when a child is emancipated, marries, 183
joins the armed services, or dies. The court initially entering 184
a child support order has continuing jurisdiction to require the 185
obligee to report to the court on terms prescribed by the court 186
regarding the disposition of the child support payments. 187
(2) 188
(b) A parenting plan approved by the court must, at a 189
minimum: 190
1. Describe in adequate detail how the parents will share 191
and be responsible for the daily tasks associated with the 192
upbringing of the child; 193
2. Include the time -sharing schedule arrangements that 194
specify the time that the minor child will spend with each 195
parent; 196
3. Designate who will be responsible for: 197
a. Any and all forms of health care. If the court orders 198
shared parental responsibility over health care decisions, the 199
parenting plan must provide that either parent may consent to 200
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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
mental health treatment for the child unless stated otherwise in 201
the parenting plan. 202
b. School-related matters, including the address to be 203
used for school-boundary determination and regist ration. 204
c. Other activities; and 205
4. Describe in adequate detail the methods and 206
technologies that the parents will use to communicate with the 207
child. 208
Section 3. Section 61.29, Florida Statutes, is amended to 209
read: 210
61.29 Child support guidelines; principles; 211
applicability.— 212
(1) The following principles establish the public policy 213
of the State of Florida in the creation of the child support 214
guidelines: 215
(a)(1) Each parent has a fundamental obligation to support 216
his or her minor or legally dependent child. 217
(b)(2) The guidelines schedule is based on the parent's 218
combined net income estimated to have been allocated to the 219
child as if the parents and children we re living in an intact 220
household. 221
(c)(3) The guidelines encourage fair and efficient 222
settlement of support issues between parents and minimizes the 223
need for litigation. 224
(2) The guidelines in this section do not apply to support 225
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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
for a dependent adult ch ild as defined in s. 61.1255(2)(a). The 226
amount of support for a dependent adult child is determined by 227
s. 61.31. 228
Section 4. Paragraph (a) of subsection (1) of section 229
61.30, Florida Statutes, is amended to read: 230
61.30 Child support guidelines; retroactive child 231
support.— 232
(1)(a) The child support guideline amount as determined by 233
this section presumptively establishes the amount the trier of 234
fact must shall order as child support for a minor child, or a 235
child who is dependent in fact and betwee n the ages of 18 and 19 236
and who is still in high school and is performing in good faith 237
with a reasonable expectation of graduation before he or she 238
reaches the age of 19, in an initial proceeding for such support 239
or in a proceeding for modification of an existing order for 240
such support, whether the proceeding arises under this or 241
another chapter. The trier of fact may order payment of child 242
support which varies, plus or minus 5 percent, from the 243
guideline amount, after considering all relevant factors, 244
including the needs of the child or children, age, station in 245
life, standard of living, and the financial status and ability 246
of each parent. The trier of fact may order payment of child 247
support in an amount which varies more than 5 percent from such 248
guideline amount only upon a written finding explaining why 249
ordering payment of such guideline amount would be unjust or 250
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inappropriate. Notwithstanding the variance limitations of this 251
section, the trier of fact must shall order payment of child 252
support which varies from the guideline amount as provided in 253
paragraph (11)(b) whenever any of the children are required by 254
court order or mediation agreement to spend a substantial amount 255
of time with either parent. This requirement applies to any 256
living arrangement, wheth er temporary or permanent. 257
Section 5. Section 61.31, Florida Statutes, is created to 258
read: 259
61.31 Amount of support for a dependent adult child. — 260
(1) In determining the amount of support to be paid after 261
a dependent adult child as defined in s. 61.1 255(2)(a) reaches 262
the age of 18, the specific terms and conditions of such 263
support, and the rights and duties of both parents with respect 264
to the support, the court shall determine and give consideration 265
to all of the following: 266
(a) The dependent adult c hild's income and assets. 267
(b) Any existing and future needs of the dependent adult 268
child which are directly related to his or her mental or 269
physical incapacity and the substantial care and personal 270
supervision directly required by or related to that inca pacity. 271
(c) Whether a parent or other person pays for or will pay 272
for the care or supervision of the dependent adult child or 273
provides or will provide substantial care or personal 274
supervision to the dependent adult child himself or herself. 275
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(d) The financial resources available to each parent for 276
the support, care, and supervision of the dependent adult child. 277
(e) Any other financial resources or other resources or 278
programs available for the support, care, and supervision of the 279
dependent adult child. 280
(2) The court may irrevocably assign the support to a 281
special needs trust under 42 U.S.C. s. 1396p(d)(4) or to a 282
pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for 283
the dependent adult child by the dependent adult child, his or 284
her agent under a durable power of attorney, the court, a parent 285
or grandparent, a guardian, or a guardian advocate who has been 286
delegated those rights in order to maintain the dependent adult 287
child's means-based government benefits. 288
(3) In making its decisions, the c ourt shall take into 289
consideration: 290
(a) Any state or federal programs and benefits that the 291
dependent adult child is receiving or may receive due to 292
reaching the age of majority; and 293
(b) The effect that the court -ordered support would have 294
on the dependent adult child's eligibility for such programs and 295
benefits. 296
(4) The court may not order support that will cause 297
ineligibility for programs in which the dependent adult child 298
currently participates, or programs and services for which the 299
dependent adult child is reasonably expected to become eligible 300
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upon reaching the age of majority. 301
Section 6. Paragraph (b) of subsection (2) and subsection 302
(3) of section 393.12, Florida Statutes, are amended to read: 303
393.12 Capacity; appointment of guardian advo cate.— 304
(2) APPOINTMENT OF A GUARDIAN ADVOCATE. — 305
(b) A person who is being considered for appointment or is 306
appointed as a guardian advocate is not required to need not be 307
represented by an attorney unless required by the court or if 308
the guardian advocate is delegated any rights regarding property 309
other than the right to be the representative payee for 310
government benefits or the right of a parent to receive periodic 311
payments for the support, care, maintenance, education, or other 312
needs of the person with a developmental disability . This 313
paragraph applies only to proceedings relating to the 314
appointment of a guardian advocate and the court's supervision 315
of a guardian advocate and is not an exercise of the 316
Legislature's authority under pursuant to s. 2(a), Art. V of the 317
State Constitution. 318
(3) PETITION.— 319
(a) A petition to appoint a guardian advocate for a person 320
with a developmental disability may be executed by an adult 321
person who is a resident of this state. The petition must be 322
verified and must: 323
1.(a) State the name, age, and present address of the 324
petitioner and his or her relationship to the person with a 325
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developmental disability; 326
2.(b) State the name, age, county of residence, and 327
present address of the person with a developmental disability; 328
3.(c) Allege that the petitioner believes that the person 329
needs a guardian advocate and specify the factual information on 330
which such belief is based; 331
4.(d) Specify the exact areas in which the person lacks 332
the decisionmaking ability to make informed dec isions about his 333
or her care and treatment services or to meet the essential 334
requirements for his or her physical health or safety; 335
5.(e) Specify the legal disabilities to which the person 336
is subject; and 337
6.(f) State the name of the proposed guardian a dvocate, 338
the relationship of that person to the person with a 339
developmental disability; the relationship that the proposed 340
guardian advocate had or has with a provider of health care 341
services, residential services, or other services to the person 342
with a developmental disability; and the reason why this person 343
should be appointed. The petition must also state if a willing 344
and qualified guardian advocate cannot be located , the petition 345
shall so state. 346
(b) A petition to appoint a guardian advocate may includ e 347
a request for periodic payments from either or both parents of 348
the person with a developmental disability for the support, 349
care, maintenance, education, or other needs of that person 350
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pursuant to s. 61.1255. This section may not be construed to 351
confer any obligation or duty for a guardian advocate to pursue 352
support for the person with a developmental disability. 353
Section 7. Subsection (1) of section 742.031, Florida 354
Statutes, is amended to read: 355
742.031 Hearings; court orders for support, hospital 356
expenses, and attorney fees attorney's fee.— 357
(1) Hearings for the purpose of establishing or refuting 358
the allegations of the complaint and answer must shall be held 359
in the chambers and may be restricted to persons, in addition to 360
the parties involved and their counsel, as the judge in his or 361
her discretion may direct. The court shall determine the issues 362
of paternity of the child and the ability of the parent s to 363
support the child. Each party's social security number must 364
shall be recorded in the file containing the adjudication of 365
paternity. If the court finds that the alleged father is the 366
father of the child, it must shall so order. If appropriate, the 367
court may shall order the father to pay the complainant, her 368
guardian, or any other person assuming responsibility for the 369
child moneys sufficient to pay reasonable attorney attorney's 370
fees, hospital or medical expenses, cost of confinement, and any 371
other expenses incident to the birth of the child and to pay all 372
costs of the proceeding. Bills for pregnancy, childbirth, and 373
scientific testing are admissible as evidence without requiring 374
third-party foundation testimony , and shall constitute prima 375
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facie evidence of amounts incurred for such services or for 376
testing on behalf of the child. The court shall order either or 377
both parents owing a duty of support to the child to pay support 378
under chapter 61 pursuant to s. 61.30 . The court must shall 379
issue, upon motion by a party, a temporary order requiring child 380
support for a minor child under pursuant to s. 61.30 pending an 381
administrative or judicial determination of parentage , if there 382
is clear and convincing evidence of paternity on the basis of 383
genetic tests or other evidence. The court may also make a 384
determination of an appropriate parenting plan, including a 385
time-sharing schedule, in accordance with chapter 61. 386
Section 8. Section 742.06, Florida Statutes, is amended to 387
read: 388
742.06 Jurisdiction retained for f uture orders.—The court 389
shall retain jurisdiction of the cause for the purpose of 390
entering such other and further orders as changing circumstances 391
of the parties may in justice and equity require. Modifications 392
of child support and time -sharing are determined under chapter 393
61. 394
Section 9. Section 744.1013, Florida Statutes, is created 395
to read: 396
744.1013 Jurisdiction for support claims. —The court has 397
jurisdiction over claims for support of a dependent adult child 398
as defined in s. 61.1255(2)(a) and shall adjudicate the 399
financial obligation, including health insurance, of the 400
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dependent adult child's parents and enforce the financial 401
obligation as provided in chapter 61. All support required to be 402
paid in relation to a dependent adult child over the age of 1 8 403
must be paid to the dependent adult child or his or her court -404
appointed guardian advocate, guardian, or agent under a durable 405
power of attorney. However, the court may irrevocably assign the 406
support to a special needs trust under 42 U.S.C. s. 1396p(d)(4) 407
or to a pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) 408
established for the dependent adult child by the dependent adult 409
child, his or her agent under a durable power of attorney, the 410
court, a parent or grandparent, a guardian, or a guardian 411
advocate who has been delegated those rights in order to 412
maintain the dependent adult child's means -based government 413
benefits. Any order for support entered in a proceeding under 414
this chapter or chapter 393 supersedes any support order entered 415
under chapter 61. 416
Section 10. Subsection (4) of section 744.3021, Florida 417
Statutes, is amended to read: 418
744.3021 Guardians of minors. — 419
(4) If a petition is filed under pursuant to this section 420
requesting appointment of a guardian for a minor who is the 421
subject of any procee ding under chapter 39 or chapter 61 and who 422
is aged 17 years and 6 months or older, the court division with 423
jurisdiction over guardianship matters has jurisdiction over the 424
proceedings under s. 744.331. The alleged incapacitated minor 425
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under this subsection must shall be provided all the due process 426
rights conferred upon an alleged incapacitated adult under 427
pursuant to this chapter and applicable court rules. The order 428
of adjudication under s. 744.331 and the letters of limited or 429
plenary guardianship may is sue upon the minor's 18th birthday or 430
as soon thereafter as possible. Any proceeding under pursuant to 431
this subsection must shall be conducted separately from any 432
other proceeding. 433
Section 11. Section 744.422, Florida Statutes, is created 434
to read: 435
744.422 Petition for child support for a dependent adult 436
child.—Pursuant to s. 61.1255, a guardian may petition the court 437
for an order requiring either or both parents to pay periodic 438
amounts for the support, care, maintenance, education, and any 439
other needs of a dependent adult child if not otherwise provided 440
for in the guardianship plan. The amount of support is 441
determined pursuant to s. 61.31. This section may not be 442
construed to confer any obligation or duty for a guardian to 443
pursue support on behalf of a ward. 444
Section 12. This act shall take effect July 1, 2023. 445