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