Florida Senate - 2023 SB 226 By Senator Berman 26-00577A-23 2023226__ 1 A bill to be entitled 2 An act relating to support for dependent adult 3 children; creating s. 61.1255, F.S.; defining the term 4 dependent adult child; specifying that parents are 5 responsible for supporting their dependent adult 6 child; requiring that certain rights of the parents of 7 a dependent adult child be established in a 8 guardianship proceeding; specifying individuals who 9 may file a suit to establish support for a dependent 10 adult child; specifying a timeframe during which such 11 suits may be filed; providing an exception; specifying 12 procedures for establishing support; specifying who 13 may receive such support before and after the 14 dependent adult child reaches the age of 18; providing 15 construction; authorizing the court to assign support 16 to certain trusts established for a dependent adult 17 child; prohibiting the Department of Revenue from 18 filing petitions to establish, modify, or enforce 19 certain support orders; amending s. 61.13, F.S.; 20 conforming a provision to changes made by the act; 21 specifying that a child support order does not 22 terminate on the childs 18th birthday in certain 23 circumstances; specifying that a court may modify a 24 child support order for adult children in certain 25 circumstances; authorizing either parent to consent to 26 mental health treatment for a child in certain 27 circumstances unless stated otherwise in the parenting 28 plan; amending s. 61.29, F.S.; providing that child 29 support guidelines do not apply to certain cases; 30 amending s. 61.30, F.S.; conforming a provision to 31 changes made by the act; creating s. 61.31, F.S.; 32 providing factors a court must consider when 33 determining the amount of child support for a 34 dependent adult child; authorizing a court to assign 35 support to certain trusts established for a dependent 36 adult child for a specified purpose; requiring the 37 court to consider certain state and federal programs 38 and benefits when making its decisions; amending s. 39 393.12, F.S.; providing an additional circumstance 40 under which a guardian advocate must be represented by 41 an attorney in guardianship proceedings; specifying 42 that petitions to appoint a guardian advocate for a 43 person with disabilities may include certain requests 44 for support from the persons parents; amending ss. 45 742.031 and 742.06, F.S.; conforming provisions to 46 changes made by the act; creating s. 744.1013, F.S.; 47 assigning jurisdiction over petitions for support of 48 dependent adult children to the guardianship court; 49 specifying who may receive such support for dependent 50 adult children over the age of 18; authorizing a court 51 to assign support to certain trusts established for a 52 dependent adult child for a specified purpose; 53 specifying that such support orders supersede any 54 orders entered under certain other provisions; 55 amending s. 744.3021, F.S.; conforming provisions to 56 changes made by the act; creating s. 744.422, F.S.; 57 authorizing a guardian of a dependent adult child to 58 petition the court for certain support payments from 59 the dependent adult childs parents in certain 60 circumstances; specifying that the amount of such 61 support is determined pursuant to certain provisions; 62 providing an effective date. 63 64 Be It Enacted by the Legislature of the State of Florida: 65 66 Section 1.Section 61.1255, Florida Statutes, is created to 67 read: 68 61.1255Support for dependent adult children; powers of 69 court. 70 (1)For purposes of this section, the term dependent adult 71 child means an unmarried adult who is incapable of self-support 72 as a result of a physical or mental incapacity that began before 73 the person reached the age of 18. 74 (2)The parents of a dependent adult child are responsible 75 for supporting that child. 76 (3)The right of a parent or other person to decide where 77 the dependent adult child will live must be established in a 78 guardianship proceeding brought under chapter 393 or chapter 79 744. 80 (4)A suit to establish support for a dependent adult child 81 may only be filed by one of the following: 82 (a)The dependent adult child or his or her agent under a 83 durable power of attorney, if the dependent adult childs right 84 to sue or defend lawsuits has not been removed by the court. Any 85 such action must be brought in the circuit court in the county 86 in which the child resides. 87 (b)A parent or other person on behalf of the dependent 88 adult child. Any such action must be brought under chapter 393 89 or chapter 744. 90 (c)The dependent adult childs guardian advocate appointed 91 under chapter 393 or guardian appointed under chapter 744. 92 (5)A suit to establish support for a dependent adult child 93 may be filed at any time after he or she reaches the age of 17 94 years and 6 months, unless such an order is already in place, 95 having been established during the childs minority. 96 (6)If a court has jurisdiction over the parties because of 97 an issue of child support, the parents may agree in writing to 98 extend support in the existing case if the agreement is 99 submitted to the court for approval before the dependent adult 100 child reaches the age of 18. Otherwise, the amount of support to 101 be paid by one parent to the other must be established in a 102 guardianship proceeding or in a separate support proceeding in 103 circuit court pursuant to paragraph (4)(a). This section does 104 not preclude a court from establishing support, ordering 105 continued support, or enforcing or modifying support orders 106 established under this chapter absent an agreement by the 107 parents. 108 (7)Support ordered after the dependent adult child reaches 109 the age of 18 may be paid only to the dependent adult child or 110 his or her court-appointed guardian advocate, guardian, or 111 attorney in fact. However, the court may irrevocably assign the 112 support to a special needs trust under 42 U.S.C. s. 1396p(d)(4) 113 or to a pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) 114 established for the dependent adult child by the dependent adult 115 child, his or her agent under a durable power of attorney, the 116 court, a parent or grandparent, a guardian, or a guardian 117 advocate who has been delegated those rights in order to 118 maintain the dependent adult childs means-based government 119 benefits. 120 (8)The Department of Revenue may not file a petition to 121 establish, modify, or enforce a support order under this 122 section. 123 Section 2.Paragraph (a) of subsection (1) and paragraph 124 (b) of subsection (2) of section 61.13, Florida Statutes, are 125 amended to read: 126 61.13Support of children; parenting and time-sharing; 127 powers of court. 128 (1)(a)In a proceeding under this chapter, the court may at 129 any time order either or both parents who owe a duty of support 130 to a child to pay support to the other parent or, in the case of 131 both parents, to a third party who has custody in accordance 132 with the child support guidelines schedule in s. 61.30. 133 1.All child support orders and income deduction orders 134 entered on or after October 1, 2010, must provide: 135 a.For child support to terminate on a childs 18th 136 birthday unless the court finds or previously found that the 137 minor child, or the child who is dependent in fact and between 138 the ages of 18 and 19, is still in high school and is performing 139 in good faith with a reasonable expectation of graduation before 140 he or she reaches the age of 19 s. 743.07(2) applies, or the 141 continued support is otherwise agreed to by the parties; 142 b.A schedule, based on the record existing at the time of 143 the order, stating the amount of the monthly child support 144 obligation for all the minor children at the time of the order 145 and the amount of child support that will be owed for any 146 remaining children after one or more of the children are no 147 longer entitled to receive child support; and 148 c.The month, day, and year that the reduction or 149 termination of child support becomes effective. 150 2.The court initially entering an order requiring one or 151 both parents to make child support payments has continuing 152 jurisdiction after the entry of the initial order to modify the 153 amount and terms and conditions of the child support payments if 154 the modification is found by the court to be in the best 155 interests of the child and ; when the child reaches majority; if 156 there is a substantial change in the circumstances of the 157 parties; if the minor child, or the child who is dependent in 158 fact and between the ages of 18 and 19, is still in high school 159 and is performing in good faith with a reasonable expectation of 160 graduation before he or she reaches the age of 19 s. 743.07(2) 161 applies; or when a child is emancipated, marries, joins the 162 armed services, or dies. The court initially entering a child 163 support order has continuing jurisdiction to require the obligee 164 to report to the court on terms prescribed by the court 165 regarding the disposition of the child support payments. 166 (2) 167 (b)A parenting plan approved by the court must, at a 168 minimum: 169 1.Describe in adequate detail how the parents will share 170 and be responsible for the daily tasks associated with the 171 upbringing of the child; 172 2.Include the time-sharing schedule arrangements that 173 specify the time that the minor child will spend with each 174 parent; 175 3.Designate who will be responsible for: 176 a.Any and all forms of health care. If the court orders 177 shared parental responsibility over health care decisions, the 178 parenting plan must provide that either parent may consent to 179 mental health treatment for the child unless stated otherwise in 180 the parenting plan. 181 b.School-related matters, including the address to be used 182 for school-boundary determination and registration. 183 c.Other activities; and 184 4.Describe in adequate detail the methods and technologies 185 that the parents will use to communicate with the child. 186 Section 3.Section 61.29, Florida Statutes, is amended to 187 read: 188 61.29Child support guidelines; principles; application. 189 (1)The following principles establish the public policy of 190 the State of Florida in the creation of the child support 191 guidelines: 192 (a)(1)Each parent has a fundamental obligation to support 193 his or her minor or legally dependent child. 194 (b)(2)The guidelines schedule is based on the parents 195 combined net income estimated to have been allocated to the 196 child as if the parents and children were living in an intact 197 household. 198 (c)(3)The guidelines encourage fair and efficient 199 settlement of support issues between parents and minimizes the 200 need for litigation. 201 (2)The guidelines in this section do not apply to support 202 for a dependent adult child as defined in s. 61.1255. The amount 203 of support for a dependent adult child is determined by s. 204 61.31. 205 Section 4.Paragraph (a) of subsection (1) of section 206 61.30, Florida Statutes, is amended to read: 207 61.30Child support guidelines; retroactive child support. 208 (1)(a)The child support guideline amount as determined by 209 this section presumptively establishes the amount the trier of 210 fact must shall order as child support for a minor child, or a 211 child who is dependent in fact and between the ages of 18 and 19 212 and who is still in high school and is performing in good faith 213 with a reasonable expectation of graduation before he or she 214 reaches the age of 19, in an initial proceeding for such support 215 or in a proceeding for modification of an existing order for 216 such support, whether the proceeding arises under this or 217 another chapter. The trier of fact may order payment of child 218 support which varies, plus or minus 5 percent, from the 219 guideline amount, after considering all relevant factors, 220 including the needs of the child or children, age, station in 221 life, standard of living, and the financial status and ability 222 of each parent. The trier of fact may order payment of child 223 support in an amount which varies more than 5 percent from such 224 guideline amount only upon a written finding explaining why 225 ordering payment of such guideline amount would be unjust or 226 inappropriate. Notwithstanding the variance limitations of this 227 section, the trier of fact must shall order payment of child 228 support which varies from the guideline amount as provided in 229 paragraph (11)(b) whenever any of the children are required by 230 court order or mediation agreement to spend a substantial amount 231 of time with either parent. This requirement applies to any 232 living arrangement, whether temporary or permanent. 233 Section 5.Section 61.31, Florida Statutes, is created to 234 read: 235 61.31Amount of support for a dependent adult child. 236 (1)In determining the amount of support to be paid after a 237 dependent adult child as defined in s. 61.1255 reaches the age 238 of 18, the specific terms and conditions of such support, and 239 the rights and duties of both parents with respect to the 240 support, the court shall determine and give consideration to all 241 of the following: 242 (a)The dependent adult childs income and assets. 243 (b)Any existing and future needs of the dependent adult 244 child which are directly related to his or her mental or 245 physical incapacity and the substantial care and personal 246 supervision directly required by or related to that incapacity. 247 (c)Whether a parent pays for or will pay for the care or 248 supervision of the dependent adult child or provides or will 249 provide substantial care or personal supervision to the 250 dependent adult child himself or herself. 251 (d)The financial resources available to each parent for 252 the support, care, and supervision of the dependent adult child. 253 (e)Any other financial resources or other resources or 254 programs available for the support, care, and supervision of the 255 dependent adult child. 256 (2)The court may irrevocably assign the support to a 257 special needs trust under 42 U.S.C. s. 1396p(d)(4) or to a 258 pooled trust under 42 U.S.C. s. 1396p(d)(4)(C) established for 259 the dependent adult child by the dependent adult child, his or 260 her agent under a durable power of attorney, the court, a parent 261 or grandparent, a guardian, or a guardian advocate who has been 262 delegated those rights in order to maintain the dependent adult 263 childs means-based government benefits. 264 (3)In making its decisions, the court shall take into 265 consideration any state or federal programs and benefits that 266 the dependent adult child is receiving and the effect that the 267 court-ordered support would have on the dependent adult childs 268 continued eligibility for such programs and benefits. 269 Section 6.Paragraph (b) of subsection (2) and subsection 270 (3) of section 393.12, Florida Statutes, are amended to read: 271 393.12Capacity; appointment of guardian advocate. 272 (2)APPOINTMENT OF A GUARDIAN ADVOCATE. 273 (b)A person who is being considered for appointment or is 274 appointed as a guardian advocate is not required to need not be 275 represented by an attorney unless required by the court or if 276 the guardian advocate is delegated any rights regarding property 277 other than the right to be the representative payee for 278 government benefits or the right of a parent to receive periodic 279 payments for the support, care, maintenance, education, or other 280 needs of the person with a developmental disability. This 281 paragraph applies only to proceedings relating to the 282 appointment of a guardian advocate and the courts supervision 283 of a guardian advocate and is not an exercise of the 284 Legislatures authority under pursuant to s. 2(a), Art. V of the 285 State Constitution. 286 (3)PETITION. 287 (a)A petition to appoint a guardian advocate for a person 288 with a developmental disability may be executed by an adult 289 person who is a resident of this state. The petition must be 290 verified and must: 291 1.(a)State the name, age, and present address of the 292 petitioner and his or her relationship to the person with a 293 developmental disability; 294 2.(b)State the name, age, county of residence, and present 295 address of the person with a developmental disability; 296 3.(c)Allege that the petitioner believes that the person 297 needs a guardian advocate and specify the factual information on 298 which such belief is based; 299 4.(d)Specify the exact areas in which the person lacks the 300 decisionmaking ability to make informed decisions about his or 301 her care and treatment services or to meet the essential 302 requirements for his or her physical health or safety; 303 5.(e)Specify the legal disabilities to which the person is 304 subject; and 305 6.(f)State the name of the proposed guardian advocate, the 306 relationship of that person to the person with a developmental 307 disability; the relationship that the proposed guardian advocate 308 had or has with a provider of health care services, residential 309 services, or other services to the person with a developmental 310 disability; and the reason why this person should be appointed. 311 The petition must also state if a willing and qualified guardian 312 advocate cannot be located, the petition shall so state. 313 (b)A petition to appoint a guardian advocate may include a 314 request for periodic payments from either or both parents of the 315 person with a developmental disability for the support, care, 316 maintenance, education, or other needs of that person. 317 Section 7.Subsection (1) of section 742.031, Florida 318 Statutes, is amended to read: 319 742.031Hearings; court orders for support, hospital 320 expenses, and attorney attorneys fee. 321 (1)Hearings for the purpose of establishing or refuting 322 the allegations of the complaint and answer must shall be held 323 in the chambers and may be restricted to persons, in addition to 324 the parties involved and their counsel, as the judge in his or 325 her discretion may direct. The court shall determine the issues 326 of paternity of the child and the ability of the parents to 327 support the child. Each partys social security number must 328 shall be recorded in the file containing the adjudication of 329 paternity. If the court finds that the alleged father is the 330 father of the child, it must shall so order. If appropriate, the 331 court may shall order the father to pay the complainant, her 332 guardian, or any other person assuming responsibility for the 333 child moneys sufficient to pay reasonable attorney attorneys 334 fees, hospital or medical expenses, cost of confinement, and any 335 other expenses incident to the birth of the child and to pay all 336 costs of the proceeding. Bills for pregnancy, childbirth, and 337 scientific testing are admissible as evidence without requiring 338 third-party foundation testimony, and shall constitute prima 339 facie evidence of amounts incurred for such services or for 340 testing on behalf of the child. The court shall order either or 341 both parents owing a duty of support to the child to pay support 342 under chapter 61 pursuant to s. 61.30. The court must shall 343 issue, upon motion by a party, a temporary order requiring child 344 support for a minor child under pursuant to s. 61.30 pending an 345 administrative or judicial determination of parentage, if there 346 is clear and convincing evidence of paternity on the basis of 347 genetic tests or other evidence. The court may also make a 348 determination of an appropriate parenting plan, including a 349 time-sharing schedule, in accordance with chapter 61. 350 Section 8.Section 742.06, Florida Statutes, is amended to 351 read: 352 742.06Jurisdiction retained for future orders.The court 353 shall retain jurisdiction of the cause for the purpose of 354 entering such other and further orders as changing circumstances 355 of the parties may in justice and equity require. Modifications 356 of child support and time-sharing are determined under chapter 357 61. 358 Section 9.Section 744.1013, Florida Statutes, is created 359 to read: 360 744.1013Jurisdiction for support claims.The court has 361 jurisdiction over claims for support of a dependent adult child 362 as defined in s. 61.1255 and shall adjudicate the financial 363 obligation, including health insurance, of the dependent adult 364 childs parents and enforce the financial obligation as provided 365 in chapter 61. All support required to be paid in relation to a 366 dependent adult child over the age of 18 must be paid to the 367 dependent adult child or his or her court-appointed guardian 368 advocate, guardian, or attorney in fact. However, the court may 369 irrevocably assign the support to a special needs trust under 42 370 U.S.C. s. 1396p(d)(4) or to a pooled trust under 42 U.S.C. s. 371 1396p(d)(4)(C) established for the dependent adult child by the 372 dependent adult child, his or her agent under a durable power of 373 attorney, the court, a parent or grandparent, a guardian, or a 374 guardian advocate who has been delegated those rights in order 375 to maintain the dependent adult childs means-based government 376 benefits. Any order for support entered in a proceeding under 377 this chapter or chapter 393 supersedes any support order entered 378 under chapter 61. 379 Section 10.Subsection (4) of section 744.3021, Florida 380 Statutes, is amended to read: 381 744.3021Guardians of minors. 382 (4)If a petition is filed under pursuant to this section 383 requesting appointment of a guardian for a minor who is the 384 subject of any proceeding under chapter 39 or chapter 61 and who 385 is aged 17 years and 6 months or older, the court division with 386 jurisdiction over guardianship matters has jurisdiction over the 387 proceedings under s. 744.331. The alleged incapacitated minor 388 under this subsection must shall be provided all the due process 389 rights conferred upon an alleged incapacitated adult under 390 pursuant to this chapter and applicable court rules. The order 391 of adjudication under s. 744.331 and the letters of limited or 392 plenary guardianship may issue upon the minors 18th birthday or 393 as soon thereafter as possible. Any proceeding under pursuant to 394 this subsection must shall be conducted separately from any 395 other proceeding. 396 Section 11.Section 744.422, Florida Statutes, is created 397 to read: 398 744.422Petition for child support for a dependent adult 399 child.Pursuant to s. 61.1255, a guardian may petition the court 400 for an order requiring either or both parents to pay periodic 401 amounts for the support, care, maintenance, education, and any 402 other needs of a dependent adult child if not otherwise provided 403 for in the guardianship plan. The amount of support is 404 determined pursuant to s. 61.31. 405 Section 12.This act shall take effect July 1, 2023.