FL
Florida House Bill H0813

Florida 2023 Regular Session

Florida House Bill H0813 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to support for dependent adult 2
1616 children; creating s. 61.1255, F.S.; providing 3
1717 legislative intent; defining the term "dependent adult 4
18-child"; requiring civil suits to establish support for 5
19-dependent adult children to be filed in a certain 6
20-court by specified in dividuals; specifying a timeframe 7
21-during which such suits may be filed; providing an 8
22-exception; specifying procedures for establishing such 9
23-support; requiring such support to be paid to the 10
24-dependent adult child after he or she reaches the age 11
25-of 18; authorizing the court to assign such support to 12
26-certain trusts established for the benefit of the 13
27-dependent adult child; prohibiting the Department of 14
28-Revenue from filing petitions to establish, modify, or 15
29-enforce certain support orders; amending s. 61.13, 16
30-F.S.; conforming a provision to changes made by the 17
31-act; specifying that a child support order does not 18
32-terminate on the child's 18th birthday in certain 19
33-circumstances; specifying that a court may modify a 20
34-child support order for a minor child or child who is 21
35-dependent in fact under certain circumstances; 22
36-authorizing either parent to consent to mental health 23
37-treatment for a child unless stated otherwise in the 24
38-parenting plan; amending s. 61.29, F.S.; providing 25
18+child"; requiring that certain rights of a parent or 5
19+another person be established in a guardianship 6
20+proceeding; providing construction; specifying 7
21+individuals who may file a suit to establish support 8
22+for a dependent adult child; specifying a timeframe 9
23+during which such suits may be filed; providing an 10
24+exception; specifying procedures for establishing 11
25+support; providing construct ion; specifying who may 12
26+receive such support before and after the dependent 13
27+adult child reaches the age of 18; authorizing the 14
28+court to assign support to certain trusts established 15
29+for a dependent adult child for a specified purpose; 16
30+prohibiting the Depart ment of Revenue from filing 17
31+petitions to establish, modify, or enforce certain 18
32+support orders; amending s. 61.13, F.S.; conforming a 19
33+provision to changes made by the act; specifying that 20
34+a child support order does not terminate on the 21
35+child's 18th birthday in certain circumstances; 22
36+specifying that a court may modify a child support 23
37+order for a minor child or child who is dependent in 24
38+fact under certain circumstances; authorizing either 25
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4747 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
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51-applicability; amending s. 61.30, F.S.; conforming a 26
52-provision to changes made by the act; creating s. 27
53-61.31, F.S.; requiring the court to consider certain 28
54-factors when determining the amount of support for a 29
55-dependent adult child; authorizing the court to assign 30
56-support to certain trusts established for t he benefit 31
57-of the dependent adult child; requiring the court to 32
58-consider certain state and federal programs and 33
59-benefits when making its decisions; prohibiting the 34
60-court from ordering support that will cause 35
61-ineligibility for certain programs; amending s. 36
62-393.12, F.S.; providing an additional circumstance 37
63-under which a guardian advocate must be represented by 38
64-an attorney in guardianship proceedings; specifying 39
65-that petitions to appoint a guardian advocate for a 40
66-person with a developmental disability may req uest 41
67-authority to bring a civil suit to establish periodic 42
68-payments from the person's parent or parents; 43
69-providing construction; amending s. 742.031, F.S.; 44
70-authorizing, rather than requiring, the court to order 45
71-a father to pay attorney fees and certain cos ts and 46
72-expenses to specified persons; amending s. 742.06, 47
73-F.S.; conforming a provision to changes made by the 48
74-act; creating s. 744.422, F.S.; authorizing a guardian 49
75-of a dependent adult child to petition the court for 50
51+parent to consent to mental health treatment for a 26
52+child unless stated o therwise in the parenting plan; 27
53+amending s. 61.29, F.S.; providing that the child 28
54+support guidelines do not apply to certain cases and 29
55+that such cases are determined under other provisions 30
56+of law; amending s. 61.30, F.S.; conforming a 31
57+provision to changes made by the act; creating s. 32
58+61.31, F.S.; providing factors a court must consider 33
59+when determining the amount of support for a dependent 34
60+adult child; authorizing the court to assign support 35
61+to certain trusts established for a dependent adult 36
62+child for a specified purpose; requiring the court to 37
63+consider certain state and federal programs and 38
64+benefits when making its decisions; prohibiting the 39
65+court from ordering support that will cause 40
66+ineligibility for certain programs; amending s. 41
67+393.12, F.S.; providing an additional circumstance 42
68+under which a guardian advocate must be represented by 43
69+an attorney in guardianship proceedings; specifying 44
70+that petitions to appoint a guardian advocate for a 45
71+person with a developmental disability may include 46
72+certain requests for support from the person's parent 47
73+or parents; providing construction; amending s. 48
74+742.031, F.S.; authorizing, rather than requiring, the 49
75+court to order a father pay attorney fees to certain 50
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8484 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
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88-authority to bring a civil suit to est ablish certain 51
89-support payments from the dependent adult child's 52
90-parent or parents in certain circumstances; specifying 53
91-that the amount of such support is determined pursuant 54
92-to certain provisions of law; providing construction; 55
93-providing an effective date . 56
94- 57
95-Be It Enacted by the Legislature of the State of Florida: 58
96- 59
97- Section 1. Section 61.1255, Florida Statutes, is created 60
98-to read: 61
99- 61.1255 Support for dependent adult children; legislative 62
100-intent; powers of court. — 63
101- (1) LEGISLATIVE INTENT. —It is the intent of the 64
102-Legislature to: 65
103- (a) Codify and clarify existing common law and Florida 66
104-case law recognizing that the parents of a dependent adult child 67
105-have an obligation to support that child. 68
106- (b) Provide procedures for establishing support for a 69
107-dependent adult child. 70
108- (c) Provide safeguards, when establishing court -ordered 71
109-support for a dependent adult child, to protect and preserve any 72
110-means-based government benefits the dependent adult child is 73
111-receiving or may be entitled to receive. 74
112- (2) POWERS OF COURT.— 75
88+persons under certain circumstances; amending s. 51
89+742.06, F.S.; conforming a provision to changes made 52
90+by the act; creating s. 744.1013, F.S.; assigning 53
91+jurisdiction over petitions for support of dependent 54
92+adult children to the guardianship court; specifying 55
93+who may receive such support for dependent adult 56
94+children over the age of 18; authorizing a court to 57
95+assign support to certain trusts established for a 58
96+dependent adult child for a specified purpose; 59
97+specifying that such support orders supersede any 60
98+orders entered under certain provisions of law; 61
99+amending s. 744.3021, F.S.; conforming provisions to 62
100+changes made by the act; creating s. 744.422, F.S.; 63
101+authorizing a guardian of a dependent adult child to 64
102+petition the court for certain support payments from 65
103+the dependent adult child's parent or parents in 66
104+certain circumstances; specifying that the amount of 67
105+such support is determined pursuant to certain 68
106+provisions of law; providing construction; providing 69
107+an effective date. 70
108+ 71
109+Be It Enacted by the Legislature of the State of Florida: 72
110+ 73
111+ Section 1. Section 61.1255, Florid a Statutes, is created 74
112+to read: 75
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121121 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
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125- (a) For purposes of this section, the term "dependent 76
126-adult child" means an unmarried adult who is incapable of self -77
127-support as a result of a physical or mental incapacity that 78
128-began before the person reached the age of 18. 79
129- (b) A civil suit to establish support for a dependent 80
130-adult child may only be filed in circuit court in the county in 81
131-which the dependent adult child resides by one of the following: 82
132- 1. The dependent adult child or his or her agent under a 83
133-durable power of attorney. 84
134- 2. A parent or other person on behalf of the dependent 85
135-adult child. 86
136- 3. The dependent adult child's guardian advocate appointed 87
137-under chapter 393 or guardian appointed under chapter 744, if 88
138-the dependent adult child's right to sue or defend lawsuits has 89
139-been removed by the court. 90
140- (c) A civil suit to establish support for a dependent 91
141-adult child may be filed at any time after he or she reaches the 92
142-age of 17 years and 6 months, unless such an order is already in 93
143-place having been established during the child's minority. 94
144- (d) If a court has jurisdiction over the parties because 95
145-of an issue of child support, the parents may agree in writing 96
146-to provide for dependent adult child support in the existing 97
147-case if the agreement is submitted to the court for app roval 98
148-before the dependent adult child reaches the age of 18. 99
149-Otherwise, the amount of support to be paid by one or both 100
125+ 61.1255 Support for dependent adult children; legislative 76
126+intent; powers of court. — 77
127+ (1) LEGISLATIVE INTENT. —It is the intent of the 78
128+Legislature to: 79
129+ (a) Codify and clarify existing common law and Florida 80
130+case law recognizing that the parents of a dependent adult child 81
131+have an obligation to support that child; 82
132+ (b) Provide procedures for establishing support for a 83
133+dependent adult child; and 84
134+ (c) Provide safeguards, when establishing court -ordered 85
135+support for a dependent adult child, to protect and preserve any 86
136+means-based government benefits the dependent adult child is 87
137+receiving or may be entitled to receive. 88
138+ (2) POWERS OF COURT. — 89
139+ (a) For purposes of this section, the term "dependent 90
140+adult child" means an unmarried adult who is incapable of self -91
141+support as a result of a physical or mental incapacity that 92
142+began before the person reached the age of 18. 93
143+ (b) The right of a parent or another person to decide 94
144+where the dependent adult child will live must be established in 95
145+a guardianship proceeding brought under chapter 393 or chapter 96
146+744. This paragraph may not be construed to require guardian 97
147+advocacy under chapter 393 or a guardianship under chapter 744 98
148+in order for a court to order support for a dependent adult 99
149+child. 100
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158158 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
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162-parents must be established in a separate support proceeding in 101
163-circuit court pursuant to paragraph (b). 102
164- (e) Support ordered after th e dependent adult child 103
165-reaches the age of 18 may be paid only to the dependent adult 104
166-child. However, the court may irrevocably assign the support to 105
167-a special needs trust under 42 U.S.C. s. 1396p(d)(4)(A) or to a 106
168-pooled trust under 42 U.S.C. s. 1396p(d)(4 )(C) established for 107
169-the benefit of the dependent adult child by the dependent adult 108
170-child, his or her agent under a durable power of attorney, the 109
171-court, a parent or grandparent, a guardian, or a guardian 110
172-advocate who has been delegated those rights in or der to 111
173-maintain the dependent adult child's means -based government 112
174-benefits. 113
175- (f) The Department of Revenue may not file a petition to 114
176-establish, modify, or enforce a support order under this 115
177-section. 116
178- Section 2. Paragraph (a) of subsection (1) and par agraph 117
179-(b) of subsection (2) of section 61.13, Florida Statutes, are 118
180-amended to read: 119
181- 61.13 Support of children; parenting and time -sharing; 120
182-powers of court.— 121
183- (1)(a) In a proceeding under this chapter, the court may 122
184-at any time order either or both par ents who owe a duty of 123
185-support to a child to pay support to the other parent or , in the 124
186-case of both parents, to a third party who has custody in 125
162+ (c) A suit to establish support for a dependent adult 101
163+child may only be filed by one of the following: 102
164+ 1. The dependent adult child or his or her agent under a 103
165+durable power of attorney. Any such action must be brought in 104
166+the circuit court in the coun ty in which the dependent adult 105
167+child resides. 106
168+ 2. A parent or other person on behalf of the dependent 107
169+adult child. Any such action must be brought under chapter 393 108
170+or chapter 744. 109
171+ 3. The dependent adult child's guardian advocate appointed 110
172+under chapter 393 or guardian appointed under chapter 744, if 111
173+the dependent adult child's right to sue or defend lawsuits has 112
174+been removed by the court. 113
175+ (d) A suit to establish support for a dependent adult 114
176+child may be filed at any time after he or she reaches the age 115
177+of 17 years and 6 months, unless such an order is already in 116
178+place, having been established during the child's minority. 117
179+ (e) If a court has jurisdiction over the parties because 118
180+of an issue of child support, the parents may agree in writing 119
181+to provide for dependent adult child support in the existing 120
182+case if the agreement is submitted to the court for approval 121
183+before the dependent adult child reaches the age of 18. 122
184+Otherwise, the amount of support to be paid by one or both 123
185+parents must be established in a guardianship proceeding or in a 124
186+separate support proceeding in circuit court pursuant to 125
187187
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195195 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
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199-accordance with the child support guidelines schedule in s. 126
200-61.30. 127
201- 1. All child support orders and income de duction orders 128
202-entered on or after October 1, 2010, must provide: 129
203- a. For child support to terminate on a child's 18th 130
204-birthday unless the court finds or previously found that the 131
205-minor child, or the child who is dependent in fact and between 132
206-the ages of 18 and 19, is still in high school and is performing 133
207-in good faith with a reasonable expectation of graduation before 134
208-he or she reaches the age of 19 s. 743.07(2) applies , or the 135
209-continued support is otherwise agreed to by the parties; 136
210- b. A schedule, based on the record existing at the time of 137
211-the order, stating the amount of the monthly child support 138
212-obligation for all the minor children at the time of the order 139
213-and the amount of child support that will be owed for any 140
214-remaining children after one or mor e of the children are no 141
215-longer entitled to receive child support; and 142
216- c. The month, day, and year that the reduction or 143
217-termination of child support becomes effective. 144
218- 2. The court initially entering an order requiring one or 145
219-both parents to make chil d support payments has continuing 146
220-jurisdiction after the entry of the initial order to modify the 147
221-amount and terms and conditions of the child support payments 148
222-if: the modification is found by the court to be in the best 149
223-interests of the child; when the child reaches majority; if 150
199+subparagraph (c)1. This section does not preclude a court from 126
200+establishing support, ordering continued support, or enforcing 127
201+or modifying support orders establis hed under this chapter. 128
202+ (f) Support ordered after the dependent adult child 129
203+reaches the age of 18 may be paid only to the dependent adult 130
204+child or his or her court -appointed guardian advocate, guardian, 131
205+or agent under a durable power of attorney. However , the court 132
206+may irrevocably assign the support to a special needs trust 133
207+under 42 U.S.C. s. 1396p(d)(4) or to a pooled trust under 42 134
208+U.S.C. s. 1396p(d)(4)(C) established for the dependent adult 135
209+child by the dependent adult child, his or her agent under a 136
210+durable power of attorney, the court, a parent or grandparent, a 137
211+guardian, or a guardian advocate who has been delegated those 138
212+rights in order to maintain the dependent adult child's means -139
213+based government benefits. 140
214+ (g) The Department of Revenue may not f ile a petition to 141
215+establish, modify, or enforce a support order under this 142
216+section. 143
217+ Section 2. Paragraph (a) of subsection (1) and paragraph 144
218+(b) of subsection (2) of section 61.13, Florida Statutes, are 145
219+amended to read: 146
220+ 61.13 Support of children; par enting and time-sharing; 147
221+powers of court.— 148
222+ (1)(a) In a proceeding under this chapter, the court may 149
223+at any time order either or both parents who owe a duty of 150
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232232 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
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236-there is a substantial change in the circumstances of the 151
237-parties; the minor child, or the child who is dependent in fact 152
238-and between the ages of 18 and 19, is still in high school and 153
239-is performing in good faith with a reasonable expectation of 154
240-graduation before he or she reaches the age of 19 if s. 155
241-743.07(2) applies; or the when a child is emancipated, marries, 156
242-joins the armed services, or dies. The court initially entering 157
243-a child support order has continuing jurisdiction to requ ire the 158
244-obligee to report to the court on terms prescribed by the court 159
245-regarding the disposition of the child support payments. 160
246- (2) 161
247- (b) A parenting plan approved by the court must, at a 162
248-minimum: 163
249- 1. Describe in adequate detail how the parents will sha re 164
250-and be responsible for the daily tasks associated with the 165
251-upbringing of the child; 166
252- 2. Include the time -sharing schedule arrangements that 167
253-specify the time that the minor child will spend with each 168
254-parent; 169
255- 3. Designate who will be responsible for: 170
256- a. Any and all forms of health care. If the court orders 171
257-shared parental responsibility over health care decisions, the 172
258-parenting plan must provide that either parent may consent to 173
259-mental health treatment for the child unless stated otherwise in 174
260-the parenting plan. 175
236+support to a child to pay support to the other parent or , in the 151
237+case of both parents, to a third party who has custody in 152
238+accordance with the child support guidelines schedule in s. 153
239+61.30. 154
240+ 1. All child support orders and income deduction orders 155
241+entered on or after October 1, 2010, must provide: 156
242+ a. For child support to terminate on a child's 18t h 157
243+birthday unless the court finds or previously found that the 158
244+minor child, or the child who is dependent in fact and between 159
245+the ages of 18 and 19, is still in high school and is performing 160
246+in good faith with a reasonable expectation of graduation before 161
247+he or she reaches the age of 19 s. 743.07(2) applies , or the 162
248+continued support is otherwise agreed to by the parties; 163
249+ b. A schedule, based on the record existing at the time of 164
250+the order, stating the amount of the monthly child support 165
251+obligation for all the minor children at the time of the order 166
252+and the amount of child support that will be owed for any 167
253+remaining children after one or more of the children are no 168
254+longer entitled to receive child support; and 169
255+ c. The month, day, and year that the reductio n or 170
256+termination of child support becomes effective. 171
257+ 2. The court initially entering an order requiring one or 172
258+both parents to make child support payments has continuing 173
259+jurisdiction after the entry of the initial order to modify the 174
260+amount and terms and conditions of the child support payments 175
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269269 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
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273- b. School-related matters, including the address to be 176
274-used for school-boundary determination and registration. 177
275- c. Other activities; and 178
276- 4. Describe in adequate detail the methods and 179
277-technologies that the parents will use to communicate with the 180
278-child. 181
279- Section 3. Section 61.29, Florida Statutes, is amended to 182
280-read: 183
281- 61.29 Child support guidelines; principles ; 184
282-applicability.— 185
283- (1) The following principles establish the public policy 186
284-of the State of Florida in the creation of the chil d support 187
285-guidelines: 188
286- (a)(1) Each parent has a fundamental obligation to support 189
287-his or her minor or legally dependent child. 190
288- (b)(2) The guidelines schedule is based on the parent's 191
289-combined net income estimated to have been allocated to the 192
290-child as if the parents and children were living in an intact 193
291-household. 194
292- (c)(3) The guidelines encourage fair and efficient 195
293-settlement of support issues between parents and minimizes the 196
294-need for litigation. 197
295- (2) The guidelines in this section do not apply to support 198
296-for a dependent adult child as defined in s. 61.1255(2)(a). The 199
273+if: the modification is found by the court to be in the best 176
274+interests of the child; when the child reaches majority; if 177
275+there is a substantial change in the circumstances of the 178
276+parties; the minor child, or the ch ild who is dependent in fact 179
277+and between the ages of 18 and 19, is still in high school and 180
278+is performing in good faith with a reasonable expectation of 181
279+graduation before he or she reaches the age of 19 if s. 182
280+743.07(2) applies; or the when a child is emancipated, marries, 183
281+joins the armed services, or dies. The court initially entering 184
282+a child support order has continuing jurisdiction to require the 185
283+obligee to report to the court on terms prescribed by the court 186
284+regarding the disposition of the child support payments. 187
285+ (2) 188
286+ (b) A parenting plan approved by the court must, at a 189
287+minimum: 190
288+ 1. Describe in adequate detail how the parents will share 191
289+and be responsible for the daily tasks associated with the 192
290+upbringing of the child; 193
291+ 2. Include the time -sharing schedule arrangements that 194
292+specify the time that the minor child will spend with each 195
293+parent; 196
294+ 3. Designate who will be responsible for: 197
295+ a. Any and all forms of health care. If the court orders 198
296+shared parental responsibility over health care decisions, the 199
297+parenting plan must provide that either parent may consent to 200
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305306 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
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309-amount of support for a dependent adult child is determined by 200
310-s. 61.31. 201
311- Section 4. Paragraph (a) of subsection (1) of section 202
312-61.30, Florida Statutes, is amended to read: 203
313- 61.30 Child support guidelines; retroactive child 204
314-support.— 205
315- (1)(a) The child support guideline amount as determined by 206
316-this section presumptively establishes the amount the trier of 207
317-fact must shall order as child support for a minor child, or a 208
318-child who is dependent in fact and between the ages of 18 and 209
319-19, who is still in high school and is performing in good faith 210
320-with a reasonable expectation of graduation before he or she 211
321-reaches the age of 19, in an initial proceeding for such support 212
322-or in a proceeding for modification of an existing order for 213
323-such support, whether the proceeding arises under this or 214
324-another chapter. The trier of fact may order payment of child 215
325-support which varies, plus or minus 5 percent, from the 216
326-guideline amount, after considering all relevant factors, 217
327-including the needs of the child or children, age, station in 218
328-life, standard of living, and the financial status and ability 219
329-of each parent. The trier of fact may order payment of child 220
330-support in an amount which varies more than 5 percent from such 221
331-guideline amount only upon a written find ing explaining why 222
332-ordering payment of such guideline amount would be unjust or 223
333-inappropriate. Notwithstanding the variance limitations of this 224
310+mental health treatment for the child unless stated otherwise in 201
311+the parenting plan. 202
312+ b. School-related matters, including the address to be 203
313+used for school-boundary determination and regist ration. 204
314+ c. Other activities; and 205
315+ 4. Describe in adequate detail the methods and 206
316+technologies that the parents will use to communicate with the 207
317+child. 208
318+ Section 3. Section 61.29, Florida Statutes, is amended to 209
319+read: 210
320+ 61.29 Child support guidelines; principles; 211
321+applicability.— 212
322+ (1) The following principles establish the public policy 213
323+of the State of Florida in the creation of the child support 214
324+guidelines: 215
325+ (a)(1) Each parent has a fundamental obligation to support 216
326+his or her minor or legally dependent child. 217
327+ (b)(2) The guidelines schedule is based on the parent's 218
328+combined net income estimated to have been allocated to the 219
329+child as if the parents and children we re living in an intact 220
330+household. 221
331+ (c)(3) The guidelines encourage fair and efficient 222
332+settlement of support issues between parents and minimizes the 223
333+need for litigation. 224
334+ (2) The guidelines in this section do not apply to support 225
334335
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336+CS/HB 813 2023
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342343 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
343344
344345
345346
346-section, the trier of fact must shall order payment of child 225
347-support which varies from the guideline amount as p rovided in 226
348-paragraph (11)(b) whenever any of the children are required by 227
349-court order or mediation agreement to spend a substantial amount 228
350-of time with either parent. This requirement applies to any 229
351-living arrangement, whether temporary or permanent. 230
352- Section 5. Section 61.31, Florida Statutes, is created to 231
353-read: 232
354- 61.31 Amount of support for a dependent adult child. — 233
355- (1) In determining the amount of support to be paid after 234
356-a dependent adult child as defined in s. 61.1255(2)(a) reaches 235
357-the age of 18, the specific terms and conditions of such 236
358-support, and the rights and duties of both parents with respect 237
359-to the support, the court shall determine and consider all of 238
360-the following: 239
361- (a) The dependent adult child's income and assets. 240
362- (b) Any existing and future needs of the dependent adult 241
363-child which are directly related to his or her mental or 242
364-physical incapacity and the substantial care and personal 243
365-supervision directly required by or related to that incapacity. 244
366- (c) Whether a parent or other perso n pays for or will pay 245
367-for the care or supervision of the dependent adult child or 246
368-provides or will provide substantial care or personal 247
369-supervision to the dependent adult child himself or herself. 248
347+for a dependent adult ch ild as defined in s. 61.1255(2)(a). The 226
348+amount of support for a dependent adult child is determined by 227
349+s. 61.31. 228
350+ Section 4. Paragraph (a) of subsection (1) of section 229
351+61.30, Florida Statutes, is amended to read: 230
352+ 61.30 Child support guidelines; retroactive child 231
353+support.— 232
354+ (1)(a) The child support guideline amount as determined by 233
355+this section presumptively establishes the amount the trier of 234
356+fact must shall order as child support for a minor child, or a 235
357+child who is dependent in fact and betwee n the ages of 18 and 19 236
358+and who is still in high school and is performing in good faith 237
359+with a reasonable expectation of graduation before he or she 238
360+reaches the age of 19, in an initial proceeding for such support 239
361+or in a proceeding for modification of an existing order for 240
362+such support, whether the proceeding arises under this or 241
363+another chapter. The trier of fact may order payment of child 242
364+support which varies, plus or minus 5 percent, from the 243
365+guideline amount, after considering all relevant factors, 244
366+including the needs of the child or children, age, station in 245
367+life, standard of living, and the financial status and ability 246
368+of each parent. The trier of fact may order payment of child 247
369+support in an amount which varies more than 5 percent from such 248
370+guideline amount only upon a written finding explaining why 249
371+ordering payment of such guideline amount would be unjust or 250
370372
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373+CS/HB 813 2023
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377-Page 11 of 16
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378380 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
379381
380382
381383
382- (d) The financial resources available to each parent for 249
383-the support, care, and supervision of the dependent adult child. 250
384- (e) Any other financial resources or other resources or 251
385-programs available for the support, care, and supervision of the 252
386-dependent adult child. 253
387- (2) The court may irrevocably assign the s upport to a 254
388-special needs trust under 42 U.S.C. s. 1396p(d)(4)(A) or to a 255
389-pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for 256
390-the benefit of the dependent adult child by the dependent adult 257
391-child, his or her agent under a durable power of attorn ey, the 258
392-court, a parent or grandparent, a guardian, or a guardian 259
393-advocate who has been delegated those rights in order to 260
394-maintain the dependent adult child's means -based government 261
395-benefits. 262
396- (3) In making its decisions, the court shall consider: 263
397- (a) Any state or federal programs and benefits that the 264
398-dependent adult child is receiving or may receive due to 265
399-reaching the age of majority; and 266
400- (b) The effect that the court -ordered support would have 267
401-on the dependent adult child's eligibility for such pr ograms and 268
402-benefits. 269
403- (4) The court may not order support that will cause 270
404-ineligibility for programs in which the dependent adult child 271
405-currently participates or programs and services for which the 272
384+inappropriate. Notwithstanding the variance limitations of this 251
385+section, the trier of fact must shall order payment of child 252
386+support which varies from the guideline amount as provided in 253
387+paragraph (11)(b) whenever any of the children are required by 254
388+court order or mediation agreement to spend a substantial amount 255
389+of time with either parent. This requirement applies to any 256
390+living arrangement, wheth er temporary or permanent. 257
391+ Section 5. Section 61.31, Florida Statutes, is created to 258
392+read: 259
393+ 61.31 Amount of support for a dependent adult child. — 260
394+ (1) In determining the amount of support to be paid after 261
395+a dependent adult child as defined in s. 61.1 255(2)(a) reaches 262
396+the age of 18, the specific terms and conditions of such 263
397+support, and the rights and duties of both parents with respect 264
398+to the support, the court shall determine and give consideration 265
399+to all of the following: 266
400+ (a) The dependent adult c hild's income and assets. 267
401+ (b) Any existing and future needs of the dependent adult 268
402+child which are directly related to his or her mental or 269
403+physical incapacity and the substantial care and personal 270
404+supervision directly required by or related to that inca pacity. 271
405+ (c) Whether a parent or other person pays for or will pay 272
406+for the care or supervision of the dependent adult child or 273
407+provides or will provide substantial care or personal 274
408+supervision to the dependent adult child himself or herself. 275
406409
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410+CS/HB 813 2023
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414417 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
415418
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418-dependent adult child is reasonably expected to become el igible 273
419-upon reaching the age of majority. 274
420- Section 6. Paragraph (b) of subsection (2) and subsection 275
421-(3) of section 393.12, Florida Statutes, are amended to read: 276
422- 393.12 Capacity; appointment of guardian advocate. — 277
423- (2) APPOINTMENT OF A GUARDIAN ADVO CATE.— 278
424- (b) A person who is being considered for appointment or is 279
425-appointed as a guardian advocate is not required to need not be 280
426-represented by an attorney unless required by the court or if 281
427-the guardian advocate is delegated any rights regarding proper ty 282
428-other than the right to be the representative payee for 283
429-government benefits or the right of a parent to receive periodic 284
430-payments for the support, care, maintenance, education, or other 285
431-needs of the person with a developmental disability . This 286
432-paragraph applies only to proceedings relating to the 287
433-appointment of a guardian advocate and the court's supervision 288
434-of a guardian advocate and is not an exercise of the 289
435-Legislature's authority under pursuant to s. 2(a), Art. V of the 290
436-State Constitution. 291
437- (3) PETITION.— 292
438- (a) A petition to appoint a guardian advocate for a person 293
439-with a developmental disability may be executed by an adult 294
440-person who is a resident of this state. The petition must be 295
441-verified and must: 296
421+ (d) The financial resources available to each parent for 276
422+the support, care, and supervision of the dependent adult child. 277
423+ (e) Any other financial resources or other resources or 278
424+programs available for the support, care, and supervision of the 279
425+dependent adult child. 280
426+ (2) The court may irrevocably assign the support to a 281
427+special needs trust under 42 U.S.C. s. 1396p(d)(4) or to a 282
428+pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for 283
429+the dependent adult child by the dependent adult child, his or 284
430+her agent under a durable power of attorney, the court, a parent 285
431+or grandparent, a guardian, or a guardian advocate who has been 286
432+delegated those rights in order to maintain the dependent adult 287
433+child's means-based government benefits. 288
434+ (3) In making its decisions, the c ourt shall take into 289
435+consideration: 290
436+ (a) Any state or federal programs and benefits that the 291
437+dependent adult child is receiving or may receive due to 292
438+reaching the age of majority; and 293
439+ (b) The effect that the court -ordered support would have 294
440+on the dependent adult child's eligibility for such programs and 295
441+benefits. 296
442+ (4) The court may not order support that will cause 297
443+ineligibility for programs in which the dependent adult child 298
444+currently participates, or programs and services for which the 299
445+dependent adult child is reasonably expected to become eligible 300
442446
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450454 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
451455
452456
453457
454- 1.(a) State the name, age, and present address of the 297
455-petitioner and his or her relationship to the person with a 298
456-developmental disability; 299
457- 2.(b) State the name, age, county of residence, and 300
458-present address of the person with a developmental disability; 301
459- 3.(c) Allege that the petitioner believes t hat the person 302
460-needs a guardian advocate and specify the factual information on 303
461-which such belief is based; 304
462- 4.(d) Specify the exact areas in which the person lacks 305
463-the decisionmaking ability to make informed decisions about his 306
464-or her care and treatment services or to meet the essential 307
465-requirements for his or her physical health or safety; 308
466- 5.(e) Specify the legal disabilities to which the person 309
467-is subject; and 310
468- 6.(f) State the name of the proposed guardian advocate, 311
469-the relationship of that person to the person with a 312
470-developmental disability; the relationship that the proposed 313
471-guardian advocate had or has with a provider of health care 314
472-services, residential services, or other services to the person 315
473-with a developmental disability; and the reason why this person 316
474-should be appointed. The petition must also state if a willing 317
475-and qualified guardian advocate cannot be located , the petition 318
476-shall so state. 319
477- (b) A petition to appoint a guardian advocate may include 320
478-a request for the authority to bring a civil action in circuit 321
458+upon reaching the age of majority. 301
459+ Section 6. Paragraph (b) of subsection (2) and subsection 302
460+(3) of section 393.12, Florida Statutes, are amended to read: 303
461+ 393.12 Capacity; appointment of guardian advo cate.— 304
462+ (2) APPOINTMENT OF A GUARDIAN ADVOCATE. — 305
463+ (b) A person who is being considered for appointment or is 306
464+appointed as a guardian advocate is not required to need not be 307
465+represented by an attorney unless required by the court or if 308
466+the guardian advocate is delegated any rights regarding property 309
467+other than the right to be the representative payee for 310
468+government benefits or the right of a parent to receive periodic 311
469+payments for the support, care, maintenance, education, or other 312
470+needs of the person with a developmental disability . This 313
471+paragraph applies only to proceedings relating to the 314
472+appointment of a guardian advocate and the court's supervision 315
473+of a guardian advocate and is not an exercise of the 316
474+Legislature's authority under pursuant to s. 2(a), Art. V of the 317
475+State Constitution. 318
476+ (3) PETITION.— 319
477+ (a) A petition to appoint a guardian advocate for a person 320
478+with a developmental disability may be executed by an adult 321
479+person who is a resident of this state. The petition must be 322
480+verified and must: 323
481+ 1.(a) State the name, age, and present address of the 324
482+petitioner and his or her relationship to the person with a 325
479483
480-CS/CS/HB 813 2023
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487491 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
488492
489493
490494
491-court to establish periodic payments from either or both parents 322
492-of the person with a developmental disability for the support, 323
493-care, maintenance, education, or other needs of that person 324
494-pursuant to s. 61.1255. This section may not be construed to 325
495-confer any obligation or duty for a guardian advocate to pursue 326
496-support for the person with a developmental disability. 327
497- Section 7. Subsection (1) of section 742.031, Florida 328
498-Statutes, is amended to read: 329
499- 742.031 Hearings; court orders for support, hospital 330
500-expenses, and attorney fees attorney's fee.— 331
501- (1) Hearings for the purpose of establishing or refuting 332
502-the allegations of the complai nt and answer must shall be held 333
503-in the chambers and may be restricted to persons, in addition to 334
504-the parties involved and their counsel, as the judge in his or 335
505-her discretion may direct. The court shall determine the issues 336
506-of paternity of the child and the ability of the parent s to 337
507-support the child. Each party's social security number must 338
508-shall be recorded in the file containing the adjudication of 339
509-paternity. If the court finds that the alleged father is the 340
510-father of the child, it must shall so order. If appropriate, the 341
511-court may shall order the father to pay the complainant, her 342
512-guardian, or any other person assuming responsibility for the 343
513-child moneys sufficient to pay reasonable attorney attorney's 344
514-fees, hospital or medical expenses, cost of confinement, and any 345
515-other expenses incident to the birth of the child and to pay all 346
495+developmental disability; 326
496+ 2.(b) State the name, age, county of residence, and 327
497+present address of the person with a developmental disability; 328
498+ 3.(c) Allege that the petitioner believes that the person 329
499+needs a guardian advocate and specify the factual information on 330
500+which such belief is based; 331
501+ 4.(d) Specify the exact areas in which the person lacks 332
502+the decisionmaking ability to make informed dec isions about his 333
503+or her care and treatment services or to meet the essential 334
504+requirements for his or her physical health or safety; 335
505+ 5.(e) Specify the legal disabilities to which the person 336
506+is subject; and 337
507+ 6.(f) State the name of the proposed guardian a dvocate, 338
508+the relationship of that person to the person with a 339
509+developmental disability; the relationship that the proposed 340
510+guardian advocate had or has with a provider of health care 341
511+services, residential services, or other services to the person 342
512+with a developmental disability; and the reason why this person 343
513+should be appointed. The petition must also state if a willing 344
514+and qualified guardian advocate cannot be located , the petition 345
515+shall so state. 346
516+ (b) A petition to appoint a guardian advocate may includ e 347
517+a request for periodic payments from either or both parents of 348
518+the person with a developmental disability for the support, 349
519+care, maintenance, education, or other needs of that person 350
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524528 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
525529
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528-costs of the proceeding. Bills for pregnancy, childbirth, and 347
529-scientific testing are admissible as evidence without requiring 348
530-third-party foundation testimony , and shall constitute prima 349
531-facie evidence of amounts incurred for such services or for 350
532-testing on behalf of the child. The court shall order either or 351
533-both parents owing a duty of support to the child to pay support 352
534-under chapter 61 pursuant to s. 61.30 . The court must shall 353
535-issue, upon motion by a party, a temporary order requiring child 354
536-support for a minor child under pursuant to s. 61.30 pending an 355
537-administrative or judicial determination of parentage , if there 356
538-is clear and convincing evidence of paternity on the basis of 357
539-genetic tests or other evidence. The court may also make a 358
540-determination of an appropriate parenting plan, including a 359
541-time-sharing schedule, in accordance with chapter 61. 360
542- Section 8. Section 742.06, Florida Statutes, is amended to 361
543-read: 362
544- 742.06 Jurisdiction retained for f uture orders.—The court 363
545-shall retain jurisdiction of the cause for the purpose of 364
546-entering such other and further orders as changing circumstances 365
547-of the parties may in justice and equity require. Modifications 366
548-and enforcement of child support, time -sharing, and support for 367
549-a dependent adult child are determined under chapter 61. 368
550- Section 9. Section 744.422, Florida Statutes, is created 369
551-to read: 370
552- 744.422 Petition for support for a dependent adult child. —371
532+pursuant to s. 61.1255. This section may not be construed to 351
533+confer any obligation or duty for a guardian advocate to pursue 352
534+support for the person with a developmental disability. 353
535+ Section 7. Subsection (1) of section 742.031, Florida 354
536+Statutes, is amended to read: 355
537+ 742.031 Hearings; court orders for support, hospital 356
538+expenses, and attorney fees attorney's fee.— 357
539+ (1) Hearings for the purpose of establishing or refuting 358
540+the allegations of the complaint and answer must shall be held 359
541+in the chambers and may be restricted to persons, in addition to 360
542+the parties involved and their counsel, as the judge in his or 361
543+her discretion may direct. The court shall determine the issues 362
544+of paternity of the child and the ability of the parent s to 363
545+support the child. Each party's social security number must 364
546+shall be recorded in the file containing the adjudication of 365
547+paternity. If the court finds that the alleged father is the 366
548+father of the child, it must shall so order. If appropriate, the 367
549+court may shall order the father to pay the complainant, her 368
550+guardian, or any other person assuming responsibility for the 369
551+child moneys sufficient to pay reasonable attorney attorney's 370
552+fees, hospital or medical expenses, cost of confinement, and any 371
553+other expenses incident to the birth of the child and to pay all 372
554+costs of the proceeding. Bills for pregnancy, childbirth, and 373
555+scientific testing are admissible as evidence without requiring 374
556+third-party foundation testimony , and shall constitute prima 375
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561565 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
562566
563567
564568
565-Pursuant to s. 61.1255, a guardian may petition th e court for 372
566-the authority to bring a civil suit in circuit court to 373
567-establish periodic payments from either or both parents of the 374
568-dependent adult child for the support, care, maintenance, 375
569-education, and any other needs of a dependent adult child if not 376
570-otherwise provided for in the guardianship plan. The amount of 377
571-support is determined pursuant to s. 61.31. This section may not 378
572-be construed to confer any obligation or duty for a guardian to 379
573-pursue support on behalf of a dependent adult child. 380
574- Section 10. This act shall take effect July 1, 2023. 381
569+facie evidence of amounts incurred for such services or for 376
570+testing on behalf of the child. The court shall order either or 377
571+both parents owing a duty of support to the child to pay support 378
572+under chapter 61 pursuant to s. 61.30 . The court must shall 379
573+issue, upon motion by a party, a temporary order requiring child 380
574+support for a minor child under pursuant to s. 61.30 pending an 381
575+administrative or judicial determination of parentage , if there 382
576+is clear and convincing evidence of paternity on the basis of 383
577+genetic tests or other evidence. The court may also make a 384
578+determination of an appropriate parenting plan, including a 385
579+time-sharing schedule, in accordance with chapter 61. 386
580+ Section 8. Section 742.06, Florida Statutes, is amended to 387
581+read: 388
582+ 742.06 Jurisdiction retained for f uture orders.—The court 389
583+shall retain jurisdiction of the cause for the purpose of 390
584+entering such other and further orders as changing circumstances 391
585+of the parties may in justice and equity require. Modifications 392
586+of child support and time -sharing are determined under chapter 393
587+61. 394
588+ Section 9. Section 744.1013, Florida Statutes, is created 395
589+to read: 396
590+ 744.1013 Jurisdiction for support claims. —The court has 397
591+jurisdiction over claims for support of a dependent adult child 398
592+as defined in s. 61.1255(2)(a) and shall adjudicate the 399
593+financial obligation, including health insurance, of the 400
594+
595+CS/HB 813 2023
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597+
598+
599+CODING: Words stricken are deletions; words underlined are additions.
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602+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
603+
604+
605+
606+dependent adult child's parents and enforce the financial 401
607+obligation as provided in chapter 61. All support required to be 402
608+paid in relation to a dependent adult child over the age of 1 8 403
609+must be paid to the dependent adult child or his or her court -404
610+appointed guardian advocate, guardian, or agent under a durable 405
611+power of attorney. However, the court may irrevocably assign the 406
612+support to a special needs trust under 42 U.S.C. s. 1396p(d)(4) 407
613+or to a pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) 408
614+established for the dependent adult child by the dependent adult 409
615+child, his or her agent under a durable power of attorney, the 410
616+court, a parent or grandparent, a guardian, or a guardian 411
617+advocate who has been delegated those rights in order to 412
618+maintain the dependent adult child's means -based government 413
619+benefits. Any order for support entered in a proceeding under 414
620+this chapter or chapter 393 supersedes any support order entered 415
621+under chapter 61. 416
622+ Section 10. Subsection (4) of section 744.3021, Florida 417
623+Statutes, is amended to read: 418
624+ 744.3021 Guardians of minors. — 419
625+ (4) If a petition is filed under pursuant to this section 420
626+requesting appointment of a guardian for a minor who is the 421
627+subject of any procee ding under chapter 39 or chapter 61 and who 422
628+is aged 17 years and 6 months or older, the court division with 423
629+jurisdiction over guardianship matters has jurisdiction over the 424
630+proceedings under s. 744.331. The alleged incapacitated minor 425
631+
632+CS/HB 813 2023
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639+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
640+
641+
642+
643+under this subsection must shall be provided all the due process 426
644+rights conferred upon an alleged incapacitated adult under 427
645+pursuant to this chapter and applicable court rules. The order 428
646+of adjudication under s. 744.331 and the letters of limited or 429
647+plenary guardianship may is sue upon the minor's 18th birthday or 430
648+as soon thereafter as possible. Any proceeding under pursuant to 431
649+this subsection must shall be conducted separately from any 432
650+other proceeding. 433
651+ Section 11. Section 744.422, Florida Statutes, is created 434
652+to read: 435
653+ 744.422 Petition for child support for a dependent adult 436
654+child.—Pursuant to s. 61.1255, a guardian may petition the court 437
655+for an order requiring either or both parents to pay periodic 438
656+amounts for the support, care, maintenance, education, and any 439
657+other needs of a dependent adult child if not otherwise provided 440
658+for in the guardianship plan. The amount of support is 441
659+determined pursuant to s. 61.31. This section may not be 442
660+construed to confer any obligation or duty for a guardian to 443
661+pursue support on behalf of a ward. 444
662+ Section 12. This act shall take effect July 1, 2023. 445