FL
Florida House Bill H1409

Florida 2023 Regular Session

Florida House Bill H1409 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 dissolution of marriage; amending 2
1616 s. 61.08, F.S.; making technical changes; authorizing 3
1717 the court to consider the adultery of either spouse 4
1818 and any resulting economic impact in determining the 5
1919 amount of alimony awarded; requiring the cou rt to make 6
2020 certain written findings in its awards of alimony; 7
2121 authorizing the court to award a combination of forms 8
2222 of alimony or forms of payment for certain purposes; 9
2323 providing a burden of proof for the party seeking 10
2424 support, maintenance, or alimony; req uiring the court 11
2525 to make written findings under certain circumstances; 12
2626 revising factors that the court must consider in 13
2727 determining the form or forms of support, maintenance, 14
2828 or alimony; requiring the court to make specific 15
2929 findings regarding the purchase or maintenance of a 16
3030 life insurance policy or a bond to secure alimony; 17
3131 authorizing the court to apportion costs of such 18
3232 policies or bonds; modifying certain rebuttable 19
3333 presumptions related to the duration of a marriage for 20
3434 purposes of determining alimony; prohibiting the 21
3535 length of an award of rehabilitative alimony from 22
3636 exceeding a specified timeframe; revising a provision 23
3737 authorizing the modification of rehabilitative alimony 24
3838 upon completion of the rehabilitative plan; revising 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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5151 provisions related to durati onal alimony; prohibiting 26
5252 the length of an award of durational alimony from 27
5353 exceeding specified timeframes; authorizing the court 28
5454 to extend durational alimony under certain 29
5555 circumstances; specifying the calculation of 30
5656 durational alimony; removing a provisi on authorizing 31
5757 the court to award permanent alimony; providing 32
5858 applicability; amending s. 61.13, F.S.; removing the 33
5959 unanticipated change of circumstances requirement 34
6060 regarding modifying a parenting plan and time -sharing 35
6161 schedule; authorizing the court to c onsider a certain 36
6262 relocation of a parent as a substantial and material 37
6363 change for the purpose of a modification to the time -38
6464 sharing schedule, subject to a certain determination; 39
6565 amending s. 61.14, F.S.; requiring the court to reduce 40
6666 or terminate support, m aintenance, or alimony under 41
6767 certain circumstances; clarifying provisions relating 42
6868 to supportive relationships; specifying burdens of 43
6969 proof for the obligor and obligee when the court must 44
7070 determine that a supportive relationship exists or has 45
7171 existed and the extent to which an award of support, 46
7272 maintenance, or alimony should be reduced or 47
7373 terminated; requiring the court to make certain 48
7474 written findings; revising the additional factors the 49
7575 court must consider regarding supportive 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-relationships; revising cons truction and 51
89-applicability; authorizing the court to reduce or 52
90-terminate an award of support, maintenance, or alimony 53
91-upon specific written findings of fact regarding the 54
92-obligor's retirement; providing burdens of proof for 55
93-the obligor and obligee; requiri ng the court to make 56
94-written findings regarding specified factors when 57
95-deciding whether to reduce or terminate support, 58
96-maintenance, or alimony; authorizing the obligor to 59
97-file a petition within a certain timeframe to modify 60
98-or terminate his or her support , maintenance, or 61
99-alimony obligation in anticipation of retirement; 62
100-requiring the court to consider certain factors and 63
101-make certain written findings; amending s. 741.0306, 64
102-F.S.; revising the information contained in a certain 65
103-family law handbook; conformi ng a provision to changes 66
104-made by the act; providing an effective date. 67
88+relationships; revising cons truction and application; 51
89+authorizing the court to reduce or terminate an award 52
90+of support, maintenance, or alimony upon specific 53
91+written findings of fact regarding the obligor's 54
92+retirement; providing burdens of proof for the obligor 55
93+and obligee; requiring the court to make written 56
94+findings regarding specified factors when deciding 57
95+whether to reduce or terminate support, maintenance, 58
96+or alimony; authorizing the obligor to file a petition 59
97+within a certain timeframe to modify or terminate his 60
98+or her support, maintenance, or alimony obligation in 61
99+anticipation of retirement; requiring the court to 62
100+consider certain factors and make certain written 63
101+findings; amending s. 741.0306, F.S.; revising the 64
102+information contained in a certain family law 65
103+handbook; conforming a provision to changes made by 66
104+the act; providing an effective date. 67
105105 68
106106 Be It Enacted by the Legislature of the State of Florida: 69
107107 70
108108 Section 1. Section 61.08, Florida Statutes, is amended to 71
109109 read: 72
110110 61.08 Alimony.— 73
111111 (1)(a) In a proceeding for dissolu tion of marriage, the 74
112112 court may grant alimony to either party in the form or forms of 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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125125 temporary, which alimony may be bridge-the-gap, rehabilitative, 76
126126 or durational alimony, as is equitable or permanent in nature or 77
127127 any combination of these forms of alimony . In an any award of 78
128128 alimony, the court may order periodic or lump sum payments or 79
129129 payments in lump sum or both . The court may consider the 80
130130 adultery of either spouse and any resulting economic impact in 81
131131 determining the amount of alimony, if any, to be awar ded. 82
132132 (b) The court shall make written findings of fact 83
133133 regarding the basis for awarding a form or any combination of 84
134134 forms of alimony, including the type of alimony and the length 85
135135 of time for which the alimony is awarded. The court may award a 86
136136 combination of forms of alimony or forms of payment, including 87
137137 lump sum payments, to provide greater economic assistance in 88
138138 order to allow the obligee to achieve self -support The court may 89
139139 consider the adultery of either spouse and the circumstances 90
140140 thereof in determining the amount of alimony, if any, to be 91
141141 awarded. In all dissolution actions, the court shall include 92
142142 findings of fact relative to the factors enumerated in 93
143143 subsection (2) supporting an award or denial of alimony . 94
144144 (2)(a) In determining whether to awar d support, 95
145145 maintenance, or alimony or maintenance, the court shall first 96
146146 make a specific, factual determination as to whether the either 97
147147 party seeking support, maintenance, or alimony has an actual 98
148148 need for it alimony or maintenance and whether the other either 99
149149 party has the ability to pay support, maintenance, or alimony or 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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162162 maintenance. The party seeking support, maintenance, or alimony 101
163163 has the burden of proving his or her need for support, 102
164164 maintenance, or alimony and the other party's ability to pay 103
165165 support, maintenance, or alimony. 104
166166 (b) When determining a support, maintenance, or alimony 105
167167 claim, the court shall include written findings of fact relative 106
168168 to the factors provided in subsection (3) supporting an award or 107
169169 denial of support, maintenance, or alim ony, unless the denial is 108
170170 based upon a failure to establish a need for or ability to pay 109
171171 support, maintenance, or alimony. However, the court shall make 110
172172 written findings of fact as to the lack of need or lack of 111
173173 ability to pay in denying a request for supp ort, maintenance, or 112
174174 alimony. 113
175175 (3) If the court finds that the a party seeking support, 114
176176 maintenance, or alimony has a need for it alimony or maintenance 115
177177 and that the other party has the ability to pay support, 116
178178 maintenance, or alimony or maintenance, then in determining the 117
179179 proper form or forms type and amount of support, maintenance, or 118
180180 alimony or maintenance under subsections (5) -(8), or a deviation 119
181181 therefrom, the court shall consider all of the following 120
182182 relevant factors, including, but not limited to: 121
183183 (b)(a) The standard of living established during the 122
184184 marriage and the anticipated needs and necessities of life for 123
185185 each party after the entry of the final judgment . 124
186186 (a)(b) The duration of the marriage. 125
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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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199199 (c) The age, and the physical, mental, and emotional 126
200200 condition of each party , including whether either party is 127
201201 physically or mentally disabled and the resulting impact on 128
202202 either the obligee's ability to provide for his or her own needs 129
203203 or the obligor's ability to pay alimony and whether such 130
204204 conditions are expected to be temporary or permanent . 131
205205 (d) The financial resources and income of each party, 132
206206 including the income generated from both nonmarital and the 133
207207 marital assets and liabilities distributed to each . 134
208208 (e) The earning capacities, educational le vels, vocational 135
209209 skills, and employability of the parties , including the ability 136
210210 of either party to obtain the necessary skills or education to 137
211211 become self-supporting or to contribute to his or her self -138
212212 support prior to the termination of the support, main tenance, or 139
213213 alimony award and, when applicable, the time necessary for 140
214214 either party to acquire sufficient education or training to 141
215215 enable such party to find appropriate employment . 142
216216 (f) The contribution of each party to the marriage, 143
217217 including, but not li mited to, services rendered in homemaking, 144
218218 child care, education, and career building of the other party. 145
219219 (g) The responsibilities each party will have with regard 146
220220 to any minor children whom the parties they have in common, with 147
221221 special consideration given to the need to care for a child with 148
222222 a mental or physical disability . 149
223223 (h) The tax treatment and consequences to both parties 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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236236 any alimony award, including the designation of all or a portion 151
237237 of the payment as a nontaxable, nondeductible payment. 152
238238 (i) All sources of income available to either party, 153
239239 including income available to either party through investments 154
240240 of any asset held by that party. 155
241241 (j) Any other factor necessary for to do equity and 156
242242 justice between the parties , which shall be specifi cally 157
243243 identified in the written findings of fact. This may include a 158
244244 finding of a supportive relationship as provided for in s. 159
245245 61.14(1)(b) or a reasonable retirement as provided for in s. 160
246246 61.14(1)(c)1. 161
247247 (4)(3) To the extent necessary to protect an award of 162
248248 alimony, the court may order the obligor any party who is 163
249249 ordered to pay alimony to purchase or maintain a life insurance 164
250250 policy or a bond, or to otherwise secure such alimony award with 165
251251 any other assets that which may be suitable for that purpose. 166
252252 The court must make specific findings that there are special 167
253253 circumstances that warrant the purchase or maintenance of a life 168
254254 insurance policy or a bond to secure the alimony award. If the 169
255255 court orders a party to purchase or maintain a life insurance 170
256256 policy or a bond, the court may apportion the costs of such 171
257257 insurance or bond to either or both parties based upon a 172
258258 determination of the ability of the obligee and obligor to pay 173
259259 such costs. 174
260260 (5)(4) For purposes of determining alimony, there is a 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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273273 rebuttable presumption that a short-term marriage is a marriage 176
274274 having a duration of less than 10 7 years, a moderate-term 177
275275 marriage is a marriage having a duration between 10 and 20 of 178
276276 greater than 7 years but less than 17 years, and a long-term 179
277277 marriage is a marriage hav ing a duration of 20 17 years or 180
278278 longer greater. The length of a marriage is the period of time 181
279279 from the date of marriage until the date of filing of an action 182
280280 for dissolution of marriage. 183
281281 (6)(5) Bridge-the-gap alimony may be awarded to provide 184
282282 support to assist a party in making the by providing support to 185
283283 allow the party to make a transition from being married to being 186
284284 single. Bridge-the-gap alimony assists is designed to assist a 187
285285 party with legitimate identifiable short -term needs., and The 188
286286 length of an award of bridge-the-gap alimony may not exceed 2 189
287287 years. An award of bridge -the-gap alimony terminates upon the 190
288288 death of either party or upon the remarriage of the obligee 191
289289 party receiving alimony . An award of bridge -the-gap alimony is 192
290290 shall not be modifiable in amount or duration. 193
291291 (7)(a)(6)(a) Rehabilitative alimony may be awarded to 194
292292 assist a party in establishing the capacity for self -support 195
293293 through either: 196
294294 1. The redevelopment of previous skills or credentials; or 197
295295 2. The acquisition of education, training, or work 198
296296 experience necessary to develop appropriate employment skills or 199
297297 credentials. 200
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306306 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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310310 (b) In order to award rehabilitative alimony, there must 201
311311 be a specific and defined rehabilitative plan which shall be 202
312312 included as a part of any order awardin g rehabilitative alimony. 203
313313 (c) The length of an award of rehabilitative alimony may 204
314314 not exceed 5 years. 205
315315 (d) An award of rehabilitative alimony may be modified or 206
316316 terminated in accordance with s. 61.14 based upon a substantial 207
317317 change in circumstances, up on noncompliance with the 208
318318 rehabilitative plan, or upon completion of the rehabilitative 209
319319 plan if the plan is completed before the length of the award of 210
320320 rehabilitative alimony expires . 211
321321 (8)(a)(7) Durational alimony may be awarded when permanent 212
322322 periodic alimony is inappropriate. The purpose of durational 213
323323 alimony is to provide a party with economic assistance for a set 214
324324 period of time following a marriage of short or moderate 215
325325 duration or following a marriage of long duration if there is no 216
326326 ongoing need for support on a permanent basis . An award of 217
327327 durational alimony terminates upon the death of either party or 218
328328 upon the remarriage of the obligee party receiving alimony . The 219
329329 amount of an award of durational alimony may be modified or 220
330330 terminated based upon a subs tantial change in circumstances in 221
331331 accordance with s. 61.14. Durational alimony may not be awarded 222
332332 following a marriage lasting less than 3 years. However, The 223
333333 length of an award of durational alimony may not be modified 224
334334 except under exceptional circumstan ces and may not exceed the 225
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343343 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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347347 length of the marriage except as set forth in this subsection . 226
348348 (b) An award of durational alimony may not exceed 50 227
349349 percent of the length of a short -term marriage, 60 percent of 228
350350 the length of a moderate -term marriage, or 75 per cent of the 229
351351 length of a long-term marriage. Under exceptional circumstances, 230
352352 the court may extend the term of durational alimony by a showing 231
353353 of clear and convincing evidence that it is necessary after 232
354354 application of the factors in subsection (3) and upon 233
355355 consideration of all of the following additional factors: 234
356356 1. The extent to which the obligee's age and employability 235
357357 limit the obligee's ability for self -support, either in whole or 236
358358 in part. 237
359359 2. The extent to which the obligee's available financial 238
360360 resources limit the obligee's ability for self -support, either 239
361361 in whole or in part. 240
362362 3. The extent to which the obligee is mentally or 241
363363 physically disabled or has been diagnosed with a mental or 242
364364 physical condition that has rendered, or will render, him or her 243
365365 incapable of self-support, either in whole or in part. 244
366366 4. The extent to which the obligee is the caregiver to a 245
367367 mentally or physically disabled child, whether or not the child 246
368368 has attained the age of majority, who is common to the parties. 247
369369 Any extension terminates upon the child no longer requiring 248
370370 caregiving by the obligee, or upon death of the child, unless 249
371371 one of the other factors in this paragraph apply. 250
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380380 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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384384 (c) The amount of durational alimony is the amount 251
385385 determined to be the obligee's reasonable nee d, or an amount not 252
386386 to exceed 35 percent of the difference between the parties' net 253
387387 incomes, whichever amount is less. Net income shall be 254
388388 calculated in conformity with s. 61.30(2) and (3), excluding 255
389389 spousal support paid pursuant to a court order in the ac tion 256
390390 between the parties. 257
391391 (8) Permanent alimony may be awarded to provide for the 258
392392 needs and necessities of life as they were established during 259
393393 the marriage of the parties for a party who lacks the financial 260
394394 ability to meet his or her needs and necessiti es of life 261
395395 following a dissolution of marriage. Permanent alimony may be 262
396396 awarded following a marriage of long duration if such an award 263
397397 is appropriate upon consideration of the factors set forth in 264
398398 subsection (2), following a marriage of moderate duration if 265
399399 such an award is appropriate based upon clear and convincing 266
400400 evidence after consideration of the factors set forth in 267
401401 subsection (2), or following a marriage of short duration if 268
402402 there are written findings of exceptional circumstances. In 269
403403 awarding permanent alimony, the court shall include a finding 270
404404 that no other form of alimony is fair and reasonable under the 271
405405 circumstances of the parties. An award of permanent alimony 272
406406 terminates upon the death of either party or upon the remarriage 273
407407 of the party receivi ng alimony. An award may be modified or 274
408408 terminated based upon a substantial change in circumstances or 275
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417417 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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421421 upon the existence of a supportive relationship in accordance 276
422422 with s. 61.14. 277
423423 (9) The award of alimony may not leave the payor with 278
424424 significantly less n et income than the net income of the 279
425425 recipient unless there are written findings of exceptional 280
426426 circumstances. 281
427427 (10)(a) With respect to any order requiring the payment of 282
428428 alimony entered on or after January 1, 1985, unless the 283
429429 provisions of paragraph (c) or paragraph (d) applies apply, the 284
430430 court shall direct in the order that the payments of alimony be 285
431431 made through the appropriate depository as provided in s. 286
432432 61.181. 287
433433 (b) With respect to any order requiring the payment of 288
434434 alimony entered before January 1, 1985, upon the subsequent 289
435435 appearance, on or after that date , of one or both parties before 290
436436 the court having jurisdiction for the purpose of modifying or 291
437437 enforcing the order or in any other proceeding related to the 292
438438 order, or upon the application of either party, unless the 293
439439 provisions of paragraph (c) or paragraph (d) applies apply, the 294
440440 court shall modify the terms of the order as necessary to direct 295
441441 that payments of alimony be made through the appropriate 296
442442 depository as provided in s. 61.181. 297
443443 (c) If there is no minor child, alimony payments need not 298
444444 be directed through the depository. 299
445445 (d)1. If there is a minor child of the parties and both 300
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454454 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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458458 parties so request, the court may order that alimony payments 301
459459 need not be directed through the depository. In this c ase, the 302
460460 order of support must shall provide, or be deemed to provide, 303
461461 that either party may subsequently apply to the depository to 304
462462 require that payments be made through the depository. The court 305
463463 shall provide a copy of the order to the depository. 306
464464 2. If the provisions of subparagraph 1. applies apply, 307
465465 either party may subsequently file with the depository an 308
466466 affidavit alleging default or arrearages in payment and stating 309
467467 that the party wishes to initiate participation in the 310
468468 depository program. The party shall provide copies of the 311
469469 affidavit to the court and the other party or parties. Fifteen 312
470470 days after receipt of the affidavit, the depository shall notify 313
471471 all parties that future payments must shall be directed to the 314
472472 depository. 315
473473 3. In IV-D cases, the IV-D agency has shall have the same 316
474474 rights as the obligee in requesting that payments be made 317
475475 through the depository. 318
476476 (11) The court shall apply this section to all initial 319
477477 petitions for dissolution of marriage or support unconnected 320
478478 with dissolution of marriage pending or filed on or after July 321
479479 1, 2023. 322
480480 Section 2. Paragraph (c) of subsection (2) and subsection 323
481481 (3) of section 61.13, Florida Statutes, are amended to read: 324
482482 61.13 Support of children; parenting and time -sharing; 325
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491491 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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495495 powers of court.— 326
496496 (2) 327
497497 (c) The court shall determine all matters relating to 328
498498 parenting and time-sharing of each minor child of the parties in 329
499499 accordance with the best interests of the child and in 330
500500 accordance with the Uniform Child Custody Jurisdiction and 331
501501 Enforcement Act, excep t that modification of a parenting plan 332
502502 and time-sharing schedule requires a showing of a substantial 333
503503 and, material, and unanticipated change of circumstances. 334
504504 1. It is the public policy of this state that each minor 335
505505 child has frequent and continuing con tact with both parents 336
506506 after the parents separate or the marriage of the parties is 337
507507 dissolved and to encourage parents to share the rights and 338
508508 responsibilities, and joys, of childrearing. Except as otherwise 339
509509 provided in this paragraph, there is no presumpt ion for or 340
510510 against the father or mother of the child or for or against any 341
511511 specific time-sharing schedule when creating or modifying the 342
512512 parenting plan of the child. 343
513513 2. The court shall order that the parental responsibility 344
514514 for a minor child be shared by both parents unless the court 345
515515 finds that shared parental responsibility would be detrimental 346
516516 to the child. The following evidence creates a rebuttable 347
517517 presumption of detriment to the child: 348
518518 a. A parent has been convicted of a misdemeanor of the 349
519519 first degree or higher involving domestic violence, as defined 350
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528528 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
529529
530530
531531
532532 in s. 741.28 and chapter 775; 351
533533 b. A parent meets the criteria of s. 39.806(1)(d); or 352
534534 c. A parent has been convicted of or had adjudication 353
535535 withheld for an offense enumerated in s. 943.0435(1)(h)1.a. , and 354
536536 at the time of the offense: 355
537537 (I) The parent was 18 years of age or older. 356
538538 (II) The victim was under 18 years of age or the parent 357
539539 believed the victim to be under 18 years of age. 358
540540 359
541541 If the presumption is not rebutted after the convicted parent is 360
542542 advised by the court that the presumption exists, shared 361
543543 parental responsibility, including time -sharing with the child, 362
544544 and decisions made regarding the child, may not be granted to 363
545545 the convicted parent. However, the convicted parent is not 364
546546 relieved of any obligation to provide financial support. If the 365
547547 court determines that shared parental responsibility would be 366
548548 detrimental to the child, it may order sole parental 367
549549 responsibility and make such arrangements for time -sharing as 368
550550 specified in the parenting plan as will best protect the child 369
551551 or abused spouse from further harm. Whether or not there is a 370
552552 conviction of any offense of domestic violence or child abuse or 371
553553 the existence of an injunction for protection against domestic 372
554554 violence, the court shall consider evidence of domestic violence 373
555555 or child abuse as evidence of detriment to the child. 374
556556 3. In ordering shared parental responsibility, the court 375
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565565 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
566566
567567
568568
569569 may consider the expressed desires of the parents and may grant 376
570570 to one party the ultimate responsibility over sp ecific aspects 377
571571 of the child's welfare or may divide those responsibilities 378
572572 between the parties based on the best interests of the child. 379
573573 Areas of responsibility may include education, health care, and 380
574574 any other responsibilities that the court finds unique to a 381
575575 particular family. 382
576576 4. The court shall order sole parental responsibility for 383
577577 a minor child to one parent, with or without time -sharing with 384
578578 the other parent if it is in the best interests of the minor 385
579579 child. 386
580580 5. There is a rebuttable presumption ag ainst granting 387
581581 time-sharing with a minor child if a parent has been convicted 388
582582 of or had adjudication withheld for an offense enumerated in s. 389
583583 943.0435(1)(h)1.a., and at the time of the offense: 390
584584 a. The parent was 18 years of age or older. 391
585585 b. The victim was under 18 years of age or the parent 392
586586 believed the victim to be under 18 years of age. 393
587587 394
588588 A parent may rebut the presumption upon a specific finding in 395
589589 writing by the court that the parent poses no significant risk 396
590590 of harm to the child and that time -sharing is in the best 397
591591 interests of the minor child. If the presumption is rebutted, 398
592592 the court shall consider all time -sharing factors in subsection 399
593593 (3) when developing a time -sharing schedule. 400
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602602 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
603603
604604
605605
606606 6. Access to records and information pertaining to a minor 401
607607 child, including, but not limited to, medical, dental, and 402
608608 school records, may not be denied to either parent. Full rights 403
609609 under this subparagraph apply to either parent unless a court 404
610610 order specifically revokes these rights, including any 405
611611 restrictions on these r ights as provided in a domestic violence 406
612612 injunction. A parent having rights under this subparagraph has 407
613613 the same rights upon request as to form, substance, and manner 408
614614 of access as are available to the other parent of a child, 409
615615 including, without limitation, the right to in-person 410
616616 communication with medical, dental, and education providers. 411
617617 (3) For purposes of establishing or modifying parental 412
618618 responsibility and creating, developing, approving, or modifying 413
619619 a parenting plan, including a time -sharing schedule, which 414
620620 governs each parent's relationship with his or her minor child 415
621621 and the relationship between each parent with regard to his or 416
622622 her minor child, the best interests interest of the child must 417
623623 shall be the primary consideration. A determination of pa rental 418
624624 responsibility, a parenting plan, or a time -sharing schedule may 419
625625 not be modified without a showing of a substantial and, 420
626626 material, and unanticipated change in circumstances and a 421
627627 determination that the modification is in the best interests of 422
628628 the child. If the parents of a child are residing greater than 423
629629 50 miles apart at the time of the entry of the last order 424
630630 establishing time sharing and a parent moves within 50 miles of 425
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639639 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
640640
641641
642642
643643 the other parent, then that move may be considered a substantial 426
644644 and material change in circumstances for the purpose of a 427
645645 modification to the time -sharing schedule, so long as there is a 428
646646 determination that the modification is in the best interests of 429
647647 the child. Determination of the best interests of the child must 430
648648 shall be made by evaluating all of the factors affecting the 431
649649 welfare and interests of the particular minor child and the 432
650650 circumstances of that family, including, but not limited to: 433
651651 (a) The demonstrated capacity and disposition of each 434
652652 parent to facilitate and encourage a close and continuing 435
653653 parent-child relationship, to honor the time -sharing schedule, 436
654654 and to be reasonable when changes are required. 437
655655 (b) The anticipated division of parental responsibilities 438
656656 after the litigation, including the extent to which parental 439
657657 responsibilities will be delegated to third parties. 440
658658 (c) The demonstrated capacity and disposition of each 441
659659 parent to determine, consider, and act upon the needs of the 442
660660 child as opposed to the needs or desires of the parent. 443
661661 (d) The length of time the c hild has lived in a stable, 444
662662 satisfactory environment and the desirability of maintaining 445
663663 continuity. 446
664664 (e) The geographic viability of the parenting plan, with 447
665665 special attention paid to the needs of school -age children and 448
666666 the amount of time to be spent tr aveling to effectuate the 449
667667 parenting plan. This factor does not create a presumption for or 450
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676676 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
677677
678678
679679
680680 against relocation of either parent with a child. 451
681681 (f) The moral fitness of the parents. 452
682682 (g) The mental and physical health of the parents. 453
683683 (h) The home, school, and community record of the child. 454
684684 (i) The reasonable preference of the child, if the court 455
685685 deems the child to be of sufficient intelligence, understanding, 456
686686 and experience to express a preference. 457
687687 (j) The demonstrated knowledge, capacity, and d isposition 458
688688 of each parent to be informed of the circumstances of the minor 459
689689 child, including, but not limited to, the child's friends, 460
690690 teachers, medical care providers, daily activities, and favorite 461
691691 things. 462
692692 (k) The demonstrated capacity and disposition o f each 463
693693 parent to provide a consistent routine for the child, such as 464
694694 discipline, and daily schedules for homework, meals, and 465
695695 bedtime. 466
696696 (l) The demonstrated capacity of each parent to 467
697697 communicate with and keep the other parent informed of issues 468
698698 and activities regarding the minor child, and the willingness of 469
699699 each parent to adopt a unified front on all major issues when 470
700700 dealing with the child. 471
701701 (m) Evidence of domestic violence, sexual violence, child 472
702702 abuse, child abandonment, or child neglect, regardless of 473
703703 whether a prior or pending action relating to those issues has 474
704704 been brought. If the court accepts evidence of prior or pending 475
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713713 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
714714
715715
716716
717717 actions regarding domestic violence, sexual violence, child 476
718718 abuse, child abandonment, or child neglect, the court must 477
719719 specifically acknowledge in writing that such evidence was 478
720720 considered when evaluating the best interests of the child. 479
721721 (n) Evidence that either parent has knowingly provided 480
722722 false information to the court regarding any prior or pending 481
723723 action regarding domesti c violence, sexual violence, child 482
724724 abuse, child abandonment, or child neglect. 483
725725 (o) The particular parenting tasks customarily performed 484
726726 by each parent and the division of parental responsibilities 485
727727 before the institution of litigation and during the pendi ng 486
728728 litigation, including the extent to which parenting 487
729729 responsibilities were undertaken by third parties. 488
730730 (p) The demonstrated capacity and disposition of each 489
731731 parent to participate and be involved in the child's school and 490
732732 extracurricular activities. 491
733733 (q) The demonstrated capacity and disposition of each 492
734734 parent to maintain an environment for the child which is free 493
735735 from substance abuse. 494
736736 (r) The capacity and disposition of each parent to protect 495
737737 the child from the ongoing litigation as demonstrated by not 496
738738 discussing the litigation with the child, not sharing documents 497
739739 or electronic media related to the litigation with the child, 498
740740 and refraining from disparaging comments about the other parent 499
741741 to the child. 500
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750750 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
751751
752752
753753
754754 (s) The developmental stages and needs of the child and 501
755755 the demonstrated capacity and disposition of each parent to meet 502
756756 the child's developmental needs. 503
757757 (t) Any other factor that is relevant to the determination 504
758758 of a specific parenting plan, including the time -sharing 505
759759 schedule. 506
760760 Section 3. Present paragraphs (c) and (d) of subsection 507
761761 (1) of section 61.14, Florida Statutes, are redesignated as 508
762762 paragraphs (d) and (e), respectively, a new paragraph (c) is 509
763763 added to that subsection, and paragraph (b) of that subsection 510
764764 is amended, to read: 511
765765 61.14 Enforcement and modification of support, 512
766766 maintenance, or alimony agreements or orders. — 513
767767 (1) 514
768768 (b)1. The court must may reduce or terminate an award of 515
769769 support, maintenance, or alimony upon specific written findings 516
770770 by the court that since the granting of a d ivorce and the award 517
771771 of alimony a supportive relationship has existed between the 518
772772 obligee and a person who is not related to the obligee by 519
773773 consanguinity or affinity with whom the obligee resides . On the 520
774774 issue of whether alimony should be reduced or termin ated under 521
775775 this paragraph, the burden is on the obligor to prove by a 522
776776 preponderance of the evidence that a supportive relationship 523
777777 exists. 524
778778 2. In determining the nature of the relationship between 525
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787787 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
788788
789789
790790
791791 an obligee and another person and the extent to which an whether 526
792792 an existing award of support, maintenance, or alimony should be 527
793793 reduced or terminated because of the existence of a an alleged 528
794794 supportive relationship between an obligee and a person who is 529
795795 not related by consanguinity or affinity , the court shall make 530
796796 written findings of fact and with whom the obligee resides, the 531
797797 court shall elicit the nature and extent of the relationship in 532
798798 question. The burden is on the obligor to prove, by a 533
799799 preponderance of the evidence, that a supportive relationship 534
800800 exists or has existed in the 365 days before the filing of the 535
801801 petition for dissolution of marriage, separate maintenance, or 536
802802 supplemental petition for modification. If a supportive 537
803803 relationship is proven to exist or to have existed, the burden 538
804804 shifts to the obligee to prove, by a preponderance of the 539
805805 evidence, that the court should not deny or reduce an initial 540
806806 award of support, maintenance, or alimony or reduce or terminate 541
807807 an existing award of support, maintenance, or alimony. The court 542
808808 shall consider and make written findings of fact regarding all 543
809809 relevant facts in s. 61.08(3) and give consideration, without 544
810810 limitation, to circumstances, including, but not limited to, the 545
811811 following additional factors, in determining the relationship of 546
812812 an obligee to another pers on: 547
813813 a. The extent to which the obligee and the other person 548
814814 have held themselves out as a married couple by engaging in 549
815815 conduct such as using the same last name, using a common mailing 550
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824824 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
825825
826826
827827
828828 address, referring to each other in terms such as "my husband" 551
829829 or "my wife," or otherwise conducting themselves in a manner 552
830830 that evidences a permanent supportive relationship. 553
831831 b. The period of time that the obligee has resided with 554
832832 the other person in a permanent place of abode . 555
833833 c. The extent to which the obligee and th e other person 556
834834 have pooled their assets or income , acquired or maintained a 557
835835 joint bank account or other financial accounts, or otherwise 558
836836 exhibited financial interdependence. 559
837837 d. The extent to which the obligee or the other person has 560
838838 financially supported the other, in whole or in part , including 561
839839 payment of the other's debts, expenses, or liabilities . 562
840840 e. The extent to which the obligee or the other person has 563
841841 performed valuable services for the other. 564
842842 f. The extent to which the obligee or the other per son has 565
843843 performed valuable services for the other's business entity 566
844844 company or employer. 567
845845 g. The extent to which Whether the obligee and the other 568
846846 person have worked together to acquire any assets create or to 569
847847 enhance the anything of value of any assets. 570
848848 h. The extent to which Whether the obligee and the other 571
849849 person have jointly contributed to the purchase of any real or 572
850850 personal property. 573
851851 i. The extent to which Evidence in support of a claim that 574
852852 the obligee and the other person have an express or implied 575
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861861 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
862862
863863
864864
865865 agreement regarding property sharing or financial support. 576
866866 j. The extent to which the obligor has paid the existing 577
867867 alimony award or failed to do so and the existence and amount of 578
868868 any arrearage Evidence in support of a claim that the obligee 579
869869 and the other person have an implied agreement regarding 580
870870 property sharing or support . 581
871871 k. The extent to which Whether the obligee and the other 582
872872 person have provided support to the children or other family 583
873873 members of one another, regardless of any legal duty to do so. 584
874874 3. This paragraph does not abrogate the requirement that 585
875875 every marriage in this state be solemnized under a license, does 586
876876 not recognize a common law marriage as valid, and does not 587
877877 recognize a de facto marriage. This paragraph recognizes only 588
878878 that relationships do exist that provide financial or economic 589
879879 support equivalent to a marriage and that support, maintenance, 590
880-or alimony must be modified or terminated if such a relationship 591
880+or alimony may be modified or terminated if such a relationship 591
881881 is proven to exist terminable on remarriage may be reduced or 592
882882 terminated upon the establishment of equivalent equitable 593
883883 circumstances as described in this paragraph . The existence of a 594
884884 conjugal relationship , though it may be relevant to the nature 595
885885 and extent of the relationship, is not necessary for the 596
886886 application of the provisions of this paragraph. 597
887887 (c)1. The court may reduce or terminate an award of 598
888888 support, maintenance, or alimony upon specific, written findings 599
889889 of fact that the obligor has reached normal retirement age as 600
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898898 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
899899
900900
901901
902902 defined by the Social Security Administra tion or the customary 601
903903 retirement age for his or her profession and that the obligor 602
904904 has taken demonstrative and measurable efforts or actions to 603
905905 retire or has actually retired. The burden is on the obligor to 604
906906 prove, by a preponderance of the evidence, that his or her 605
907907 retirement reduces his or her ability to pay support, 606
908908 maintenance, or alimony. If the court determines that the 607
909909 obligor's retirement has reduced or will reduce the obligor's 608
910910 ability to pay, the burden shifts to the obligee to prove, by a 609
911911 preponderance of the evidence, that the obligor's support, 610
912912 maintenance, or alimony obligation should not be terminated or 611
913913 reduced. 612
914914 2. In determining whether an award of support, 613
915915 maintenance, or alimony should be reduced or terminated because 614
916916 of the obligor's voluntary retirement, the court shall give 615
917917 consideration to, and make written findings of fact regarding 616
918918 the following factors: 617
919919 a. The age and health of the obligor. 618
920920 b. The nature and type of work performed by the obligor. 619
921921 c. The customary age of reti rement in the obligor's 620
922922 profession. 621
923923 d. The obligor's motivation for retirement and likelihood 622
924924 of returning to work. 623
925925 e. The needs of the obligee and the ability of the obligee 624
926926 to contribute toward his or her own basic needs. 625
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935935 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
936936
937937
938938
939939 f. The economic impact tha t a termination or reduction of 626
940940 alimony would have on the obligee. 627
941941 g. All assets of the obligee and the obligor accumulated 628
942942 or acquired prior to the marriage, during the marriage, or 629
943943 following the entry of the final judgment as well as the obligor 630
944944 and obligee's respective roles in the wasteful depletion of any 631
945945 marital assets received by him or her at the time of the entry 632
946946 of the final judgment. 633
947947 h. The income of the obligee and the obligor earned during 634
948948 the marriage or following the entry of the final ju dgment. 635
949949 i. The social security benefits, retirement plan benefits, 636
950950 or pension benefits payable to the obligor and the obligee 637
951951 following the final judgment of dissolution. 638
952952 j. The obligor's compliance, in whole or in part, with the 639
953953 existing alimony oblig ation. 640
954954 3. In reasonable anticipation of retirement, but not more 641
955955 than 6 months before retirement, the obligor may file a petition 642
956956 for modification of his or her support, maintenance, or alimony 643
957957 obligation, which shall be effective upon his or her reasona ble 644
958958 and voluntary retirement as determined by the court pursuant to 645
959959 the factors in subparagraph 2. The court shall give 646
960960 consideration to, and make written findings of fact regarding, 647
961961 the factors in subparagraph 2. and s. 61.08(3) when granting or 648
962962 denying the obligor's petition for modification; when 649
963963 confirming, reducing, or terminating the obligor's alimony 650
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972972 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
973973
974974
975975
976976 obligation; and when granting or denying any request for 651
977977 modification, the date of filing of the obligor's modification 652
978978 petition, or other date post -filing as equity requires, giving 653
979979 due regard and consideration to the changed circumstances or the 654
980980 financial ability of the parties. 655
981981 Section 4. Paragraph (f) of subsection (3) of section 656
982982 741.0306, Florida Statutes, is amended to read: 657
983983 741.0306 Creation of a family law handbook. — 658
984984 (3) The information contained in the handbook or other 659
985985 electronic media presentation may be reviewed and updated 660
986986 annually, and may include, but need not be limited to: 661
987987 (f) Alimony, including temporary, durational, permanent 662
988988 rehabilitative, and lump sum. 663
989989 Section 5. This act shall take effect July 1, 2023. 664