Florida 2024 Regular Session

Florida House Bill H0663 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 663 2024
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0663-00
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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to establishment of paternity; 2
16	16	creating s. 742.092, F.S.; creating a presumption of a 3
17	17	legal father; authorizing certain persons to rebut 4
18	18	such presumption by filing a petition to determine 5
19	19	paternity; providing requirements for a petition to 6
20	20	determine paternity; requiring the court to appoint a 7
21	21	guardian ad litem or attorney ad litem under certain 8
22	22	circumstances; providing requirements for guardians ad 9
23	23	litem; requiring the court to hold an evidentiary 10
24	24	hearing on the petition; providing a burden of proof; 11
25	25	requiring the court to consider certain factors when 12
26	26	determining whether to allow a petition to proceed; 13
27	27	requiring certain persons to submit to genetic testing 14
28	28	if a petition is allowed to proceed; providing 15
29	29	requirements for the order for scientif ic testing; 16
30	30	requiring the genetic test results, along with the 17
31	31	opinions and conclusions of the qualified technical 18
32	32	laboratory, to be filed with the court within a 19
33	33	specified timeframe; creating a rebuttable 20
34	34	presumption; requiring the court to dismiss the 21
35	35	petition and seal the court file under certain 22
36	36	circumstances; requiring written objections to genetic 23
37	37	test results to be filed within a certain time frame; 24
38	38	requiring an evidentiary hearing, at which certain 25
39	39
40	40	HB 663 2024
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47	47	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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49	49
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51	51	experts may testify, if an objection to the test 26
52	52	results is filed; requiring additional testing under 27
53	53	certain circumstances; requiring the court to hold a 28
54	54	trial for certain purposes under certain 29
55	55	circumstances; requiring the court to consider certain 30
56	56	factors when determining the best interests of a child 31
57	57	at trial; providing requirements for the court's final 32
58	58	order or judgment; authorizing the court to approve, 33
59	59	grant, or modify a parenting plan, even if the child 34
60	60	is not physically present in the state; requiring the 35
61	61	court to consider certain factors when app roving, 36
62	62	establishing, or modifying a parenting plan; providing 37
63	63	parenting plan requirements; authorizing the court to 38
64	64	enter an order for the payment of child support; 39
65	65	providing requirements for the calculation of such 40
66	66	child support; authorizing the court to modify a 41
67	67	parenting plan, time -sharing schedule, or child 42
68	68	support order upon a showing of a substantial change 43
69	69	in circumstances; providing construction; amending s. 44
70	70	61.046, F.S.; conforming cross -references; providing 45
71	71	an effective date. 46
72	72	47
73	73	Be It Enacted by the Legislature of the State of Florida: 48
74	74	49
75	75	Section 1. Section 742.092, Florida Statutes, is created 50
76	76
77	77	HB 663 2024
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81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0663-00
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84	84	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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86	86
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88	88	to read: 51
89	89	742.092 Establishment of paternity. — 52
90	90	(1) A man is presumed to be the legal father of a child 53
91	91	if, at the time of the child's conception or birth, he was 54
92	92	married to the child's biological mother or if parentage has 55
93	93	otherwise been established under s. 742.091, s. 742.10, or s. 56
94	94	742.105. 57
95	95	(2) A child, the child's biological mother, or a man who 58
96	96	has a reasonable and well -founded belief that he i s the child's 59
97	97	biological father may rebut the presumption established in 60
98	98	subsection (1) by filing a petition in circuit court to 61
99	99	determine the paternity of the child. The petition must meet all 62
100	100	of the following requirements: 63
101	101	(a) Be signed by the petition er under oath. 64
102	102	(b) Identify as parties the child's biological mother, the 65
103	103	child's legal father, the child's alleged biological father, and 66
104	104	any other person who may be the child's legal parent. 67
105	105	(c) Allege specific facts to support a claim that the 68
106	106	alleged biological father is the child's actual biological 69
107	107	father, that the alleged biological father has manifested a 70
108	108	substantial and continuing concern for the welfare of the child, 71
109	109	and that it is in the best interests of the child to establish 72
110	110	the alleged biological father as a legal parent of the child. 73
111	111	(3)(a) In a proceeding to establish paternity under this 74
112	112	section, the court shall appoint a guardian ad litem for the 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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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123	123
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125	125	child unless good cause is shown that a guardian ad litem is not 76
126	126	necessary to protect th e best interests of the child. A person 77
127	127	appointed as a guardian ad litem must meet the qualifications 78
128	128	and maintain confidentiality as provided under ss. 61.402 and 79
129	129	61.404, respectively; has the powers and authorities specified 80
130	130	under s. 61.403; and is immun e from liability as provided under 81
131	131	s. 61.405. 82
132	132	(b) If the court determines that the child is of 83
133	133	sufficient age and maturity to participate in the proceedings, 84
134	134	the court must appoint an attorney ad litem for the child in 85
135	135	lieu of a guardian ad litem, unless good cause is shown that an 86
136	136	attorney ad litem is not necessary to protect the best interests 87
137	137	of the child. 88
138	138	(4)(a) The court shall hold an evidentiary hearing on the 89
139	139	petition to determine paternity, at which the petitioner has the 90
140	140	burden of producing cle ar and convincing evidence that the 91
141	141	alleged biological father has manifested a substantial and 92
142	142	continuing concern for the welfare of the child and that the 93
143	143	best interests of the child would be served by allowing the 94
144	144	petition to proceed. 95
145	145	(b) In making its determination on whether to allow the 96
146	146	petition to proceed, the court shall give weight to all of the 97
147	147	following: 98
148	148	1. Whether the biological mother is deceased or 99
149	149	incapacitated. 100
150	150
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	2. Whether the biological mother is seeking or has 101
163	163	obtained a dissolution of her marriage to the presumed legal 102
164	164	father. 103
165	165	3. Whether the legal father seeks to maintain his presumed 104
166	166	status as the legal father of the child. 105
167	167	(c) If the court finds that the alleged biological father 106
168	168	has not manifested a substantial and continuing concern for the 107
169	169	welfare of the child or that the child's best interests would 108
170	170	not be served by allowing the petition to proceed, the court 109
171	171	must dismiss the petition with prejudice and seal the court 110
172	172	file. 111
173	173	(5)(a) If a petition to determine paternity is al lowed to 112
174	174	proceed after the evidentiary hearing pursuant to subsection 113
175	175	(4), the child and alleged biological father must submit to 114
176	176	genetic testing conducted by a qualified technical laboratory, 115
177	177	as defined in s. 409.256(1), to determine the probability of 116
178	178	parentage. In the order for genetic testing, the court must 117
179	179	inform each person who is required to be tested of the 118
180	180	procedures and requirements for objecting to the genetic test 119
181	181	results and the consequences for failing to object. 120
182	182	(b) The alleged biological father must file the genetic 121
183	183	test results, together with the opinions and conclusions of the 122
184	184	qualified technical laboratory, with the court no later than 15 123
185	185	days after the alleged biological father receives the test 124
186	186	results from the laboratory. The test re sults are admissible in 125
187	187
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195	195	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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197	197
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199	199	evidence and must be weighed along with any other evidence of 126
200	200	parentage of the alleged biological father, unless the 127
201	201	statistical probability of parentage from the genetic test 128
202	202	results equals or exceeds 95 percent. A statistical prob ability 129
203	203	of parentage of 95 percent or more creates a rebuttable 130
204	204	presumption, as defined in s. 90.304, that the alleged 131
205	205	biological father is the actual biological father of the child. 132
206	206	(c) If the genetic test results indicate that the alleged 133
207	207	biological father is not the actual biological father of the 134
208	208	child, the court must dismiss the petition and seal the court 135
209	209	file. 136
210	210	(6) An objection to the genetic test results must be made 137
211	211	in writing and filed with the court within 30 days after the 138
212	212	test results are filed or as otherwise specified by the court. 139
213	213	(a) If an objection is filed, the court must hold an 140
214	214	evidentiary hearing. At the evidentiary hearing, a party may 141
215	215	call an outside expert to refute or support the genetic testing 142
216	216	procedures or results, or the m athematical theory on which such 143
217	217	results are based. If the test results or the expert analysis of 144
218	218	the inherited characteristics is disputed, the court, upon 145
219	219	reasonable request of a party, must order that an additional 146
220	220	test be made by the same laboratory or an independent laboratory 147
221	221	at the expense of the party requesting the additional testing. 148
222	222	(b) If an objection to the genetic test results is not 149
223	223	filed, the test results may be admitted into evidence without 150
224	224
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232	232	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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234	234
235	235
236	236	the need for predicate to be laid or third -party foundation 151
237	237	testimony to be presented. 152
238	238	(7) If an objection to the genetic testing is not filed, a 153
239	239	party fails to rebut the presumption of paternity established 154
240	240	under paragraph (5)(b), or the genetic testing establishes that 155
241	241	the alleged biological father is the actual biological father of 156
242	242	the child, the court must enter a summary judgment of paternity 157
243	243	and hold a trial to determine: 158
244	244	(a) If the husband of the child's biological mother should 159
245	245	remain the sole legal father of the child based on the best 160
246	246	interests of the child; 161
247	247	(b) If the parentage and the legal rights, 162
248	248	responsibilities, and obligations of the husband of the child's 163
249	249	biological mother should be terminated and granted to the 164
250	250	biological father; or 165
251	251	(c) If the child's biological mother, mother' s husband, 166
252	252	and biological father should share parentage and the legal 167
253	253	rights, responsibilities, and obligations of the child. 168
254	254	(8) At trial, the court must determine the best interests 169
255	255	of the child by evaluating all of the factors affecting the 170
256	256	welfare and interests of the particular child and the 171
257	257	circumstances of the family, including, but not limited to: 172
258	258	(a) The established bond between the child and the 173
259	259	biological mother's husband. 174
260	260	(b) The established bond between the child and the 175
261	261
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266	266	CODING: Words stricken are deletions; words underlined are additions.
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269	269	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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271	271
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273	273	biological father. 176
274	274	(c) The permanency and stability of the child's current 177
275	275	family unit, including the length of time the child has lived in 178
276	276	a satisfactory environment and the desirability to maintain 179
277	277	continuity or create stability for the child. 180
278	278	(d) The capacity and di sposition of the biological 181
279	279	mother's husband and the biological father to provide for the 182
280	280	child's financial needs. 183
281	281	(e) The moral fitness of the biological mother's husband 184
282	282	and the biological father. 185
283	283	(f) The mental and physical health of the biological 186
284	284	mother's husband and the biological father. 187
285	285	(g) The home, school, and community record of the child. 188
286	286	(h) The reasonable preference of the child, if the court 189
287	287	deems the child to be of sufficient intelligence, understanding, 190
288	288	and experience to express a p reference. 191
289	289	(i) Evidence that the biological mother's husband or the 192
290	290	biological father has abandoned, abused, or neglected the child, 193
291	291	or has otherwise been remiss in his responsibilities for the 194
292	292	child. 195
293	293	(j) Evidence that the biological mother's husband o r the 196
294	294	biological father has ever acted contrary to the best interests 197
295	295	of the child. 198
296	296	(k) Evidence that the biological mother's husband or the 199
297	297	biological father wishes to exercise or continue to exercise his 200
298	298
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306	306	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
307	307
308	308
309	309
310	310	parental rights. 201
311	311	(l) If the biological mother of the child is deceased or 202
312	312	incapacitated. 203
313	313	(m) If the biological mother of the child is seeking or 204
314	314	has obtained a dissolution of marriage from her husband. 205
315	315	(n) Any other factor that the court deems relevant. 206
316	316	(9)(a) If the court determines that it is in the best 207
317	317	interests of the child for the biological mother's husband to 208
318	318	remain the legal father of the child to the exclusion of the 209
319	319	biological father, the court must enter a final order or 210
320	320	judgment denying the petition to determine paternity and seal 211
321	321	the court file. 212
322	322	(b) If the court determines that it is in the best 213
323	323	interests of the child for the parental rights of the biological 214
324	324	mother's husband to be terminated and the biological father to 215
325	325	be the legal father of the child, the court must enter a fina l 216
326	326	order or judgment that does both of the following: 217
327	327	1. Terminates the parental rights and responsibilities of 218
328	328	the biological mother's husband, declaring that the biological 219
329	329	father is the legal father of the child, and specifying the 220
330	330	biological father's rights, responsibilities, and obligations, 221
331	331	including, but not limited to, time -sharing and child support. 222
332	332	2. Requires that the biological father's name be 223
333	333	substituted on the child's birth certificate and the name of the 224
334	334	biological mother's husband be rem oved. 225
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343	343	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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347	347	(c) If the court determines that the biological mother's 226
348	348	husband and the biological father each have established a 227
349	349	substantial relationship with the child and that it is in the 228
350	350	best interests of the child for both men to be the child's legal 229
351	351	father, the court must enter a final order or judgment that does 230
352	352	all of the following: 231
353	353	1. Preserves the parental and legal rights of the 232
354	354	biological mother's husband. 233
355	355	2. Establishes the biological father's legal rights, 234
356	356	responsibilities, and obligations as th e child's third legal 235
357	357	parent. 236
358	358	3. Requires the Office of Vital Statistics of the 237
359	359	Department of Health to amend the child's birth certificate to 238
360	360	add the biological father's name as the third legal parent of 239
361	361	the child. 240
362	362	4. Declares that each legal parent i s recognized as an 241
363	363	equal parent to the child and has equal standing to secure 242
364	364	shared parenting rights to time -sharing, parental 243
365	365	responsibility, and child support. 244
366	366	(10) The court may approve, establish, or modify a 245
367	367	parenting plan, as defined in s. 61.046, in a final order or 246
368	368	judgment entered pursuant to paragraph (9)(b) or paragraph 247
369	369	(9)(c). The parenting plan must be developed and agreed to by 248
370	370	all legal parents and approved by the court or established by 249
371	371	the court if all legal parents cannot agree to a pla n or all 250
372	372
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380	380	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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384	384	legal parents agreed to a plan that is not approved by the 251
385	385	court. 252
386	386	(a) The court must consider the factors listed in s. 253
387	387	61.13(3) to determine the best interests of the child before 254
388	388	approving, establishing, or modifying a parenting plan. The best 255
389	389	interests of the child should govern and be of foremost concern 256
390	390	in the court's approval, establishment, or modification of a 257
391	391	parenting plan. 258
392	392	(b) The court may approve, establish, or modify a 259
393	393	parenting plan, notwithstanding that the child is not physicall y 260
394	394	present in the state, if the court finds that the child was 261
395	395	removed from the state for the primary purpose of removing the 262
396	396	child from the court's jurisdiction in an attempt to avoid the 263
397	397	court's approval, creation, or modification of a parenting plan. 264
398	398	(c) A parenting plan that is approved or established by 265
399	399	the court must, at a minimum, include all of the following: 266
400	400	1. Describe the shared responsibilities for the daily 267
401	401	tasks of parenting. 268
402	402	2. The time-sharing schedule specifying the time the child 269
403	403	will spend with each legal parent. 270
404	404	3. A designation of which legal parent will be responsible 271
405	405	for health care, school -related matters, and extracurricular 272
406	406	activities. 273
407	407	4. The address to be used for school boundary 274
408	408	determination and registration. 275
409	409
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417	417	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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421	421	5. The means of communication or technology which the 276
422	422	legal parents will use to communicate with the child. 277
423	423	(d) The court shall determine matters relating to the 278
424	424	parenting and time-sharing of each child of the parties in 279
425	425	accordance with the Uniform Child Custody Jurisdiction and 280
426	426	Enforcement Act, part II of chapter 61, and this section. 281
427	427	(11) The court may order the payment of child support by 282
428	428	any legal parent owing a duty of support in a final order or 283
429	429	judgment entered pursuant to paragraph (9)(b) or paragraph 284
430	430	(9)(c). When calculating child support, the court shall: 285
431	431	(a)1. For an order entered pursuant to paragraph (9)(b), 286
432	432	calculate child support obligations pursuant to s. 61.30. 287
433	433	2. For an order entered pursuant to paragraph (9)(c), 288
434	434	ensure that the child receiv es the same full benefit of the 289
435	435	total amount of child support as a child would receive under the 290
436	436	guidelines schedule in s. 61.30. 291
437	437	(b) Consider each deviation factor listed in s. 292
438	438	61.30(11)(a) to ensure that the distribution of the child 293
439	439	support is fair and equitable. 294
440	440	(12) The court may modify a parenting plan, time -sharing 295
441	441	schedule, or child support order entered under this section upon 296
442	442	a showing by the parent petitioning for modification that a 297
443	443	substantial change in circumstance has occurred. 298
444	444	(13) An order or a judgment entered under this section 299
445	445	does not impugn or affect a child's legitimacy. 300
446	446
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454	454	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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458	458	Section 2. Paragraphs (c) and (d) of subsection (14) of 301
459	459	section 61.046, Florida Statutes, are amended to read: 302
460	460	61.046 Definitions. —As used in this chapter, the term: 303
461	461	(14) "Parenting plan" means a document created to govern 304
462	462	the relationship between the parents relating to decisions that 305
463	463	must be made regarding the minor child and must contain a time -306
464	464	sharing schedule for the parents and child. The issues 307
465	465	concerning the minor child may include, but are not limited to, 308
466	466	the child's education, health care, and physical, social, and 309
467	467	emotional well-being. In creating the plan, all circumstances 310
468	468	between the parents, including their historic relationship, 311
469	469	domestic violence, and other factors must be taken into 312
470	470	consideration. 313
471	471	(c) For purposes of the Uniform Child Custody Jurisdiction 314
472	472	and Enforcement Act, part II of this chapter, a judgment or 315
473	473	order incorporating a parenting plan under this part is a child 316
474	474	custody determination under part II of this chapter or under s. 317
475	475	742.092. 318
476	476	(d) For purposes of the International Child Abduction 319
477	477	Remedies Act, 42 U.S.C. ss. 11601 et seq., and the Convention on 320
478	478	the Civil Aspects of International Child Abduction, enacted at 321
479	479	the Hague on October 25, 1980, rights of custody and rights of 322
480	480	access are determined pursuant to the parenting plan under this 323
481	481	part or under s. 742.092. 324
482	482	Section 3. This act shall take effect July 1, 2024. 325