Family Law.

CS/HB 663--Termination of Parental Rights

The bill substantially amends Chapter 63, F.S. relating to the adoption of children. Provisions include: providing for constructive service by publication for termination of parental rights proceedings under Chapter 63, F.S.; making substantive changes to the definitions of "parent," "primarily lives and works outside Florida" and "unmarried biological father"; providing that an unmarried biological father who fails to file a claim of paternity with the Putative Father Registry prior to the date a petition for termination of parental rights is filed is also barred from filing a paternity claim pursuant to Chapter 742, F.S., with some exceptions; providing that the consent of an unmarried biological father is required only when he secures a paternity judgment or files a paternity affidavit prior to the date that a petition for termination of parental rights is filed; providing for the court to enter a default in such cases under certain circumstances and specifying what actions an unmarried biological father must take in order to avoid default; providing that written disclosure shall be provided to the parent who did not initiate contact with the adoption entity, adding language to the adoption disclosure that provides information about the Florida Putative Father Registry and what actions an unmarried biological father must take in order to protect his parental rights, and specifying the exact information that must be provided to a prospective adoptive family prior to the child's placement in the home; providing that abandonment as a result of incarceration may be found when the time period for which a person has been, as well as is expected to be, incarcerated constitutes a significant (rather than substantial) portion of the child's minority; and clarifying that a foreign judgment terminating a parental relationship is recognized in this state and no further proceedings are required before adoption can be finalized. Subject to the Governor's veto powers, the effective date of this bill is July 1, 2008.

CS/SB 1474--Dissolution of Marriage

This bill allows a court to order an interim partial distribution of marital assets and liabilities if good cause is shown. The bill provides that all real property held by the parties as tenants by the entireties and all personal property titled jointly by the parties as tenants by the entireties shall be presumed to be a marital asset, which presumption can be overcome by showing that the property is non-marital. The bill provides that the burden of proof to overcome the gift presumption shall be by clear and convincing evidence. The bill abolishes all special equity claims and replaces them with claims for unequal distribution of marital property or as a claim of enhancement in value or appreciation of non-marital property. Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-46, L.O.F.

CS/CS/SB 2532--Child Custody and Support

This bill makes changes to a significant number of sections of Florida Statues relating to custody, visitation, and child support. It re-designates Chapter 61 as "Dissolution of Marriage; Support; Time-Sharing" and deletes definitions of the terms "custodial parent" or "primary residential parent" and "non-custodial parent." It creates a definition for the terms "parenting plan," "parenting plan recommendation" and "time-sharing schedule," and amends all applicable sections of Chapter 61 by deleting the terms "custodial parent" and "non-custodial parent," and replacing references to either term with "parent" or "obligee" or "obligor." It also replaces existing references to "custody order" or visitation order" with "parenting plan" and/or "time-sharing plan" and repeals s. 61.121, F.S., re rotating custody. The bill also amends provisions within Chapters 409, 414, 445, 741, 742, 753 & 827, F.S., to conform to these changes in terminology in Chapter 61. Approved by the Governor, these provisions take effect October 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-61, L.O.F.

HB 7007--Safe Haven Protection for Surrendered Newborn Infants

This bill extends the period of time in which a newborn infant may be safely abandoned, from 3 days to 7 days. The bill requires hospitals to complete an infant's birth certificate without naming the mother if the infant is born in the hospital, the mother expresses intent to leave the infant and not return, and the mother requests it. The bill makes several changes to provide consistency between the two sections of law governing safe newborn abandonment regarding the treatment of the abandoning parent's anonymity, pursuit, and consent to termination of parental rights. The bill reiterates in s. 63.0423, F.S., the provision currently found in s. 383.50, F.S., creating a presumption of consent to termination of parental rights for the abandoning parent and providing that express consent is not required. The bill reiterates in s. 63.0423, F.S., the provision currently found in s. 383.50, F.S., prohibiting pursuit of the abandoning parent, and expressly prohibits pursuit, search, and notification of the abandoning parent unless there is actual or suspected child abuse or neglect. The bill deletes current requirements for child-placing agencies to pursue the parent of a safely abandoned child, if known, for the purpose of providing notice of hearings and obtaining consent to termination of parental rights. Similarly, the bill deletes the current requirement of consent to adoption or an affidavit of non-paternity for termination of parental rights to a safely abandoned infant. The bill replaces the term "abandoned" in this context with "surrendered." Approved by the Governor, these provisions take effect July 1, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-90, L.O.F.

HB 7073--Child Support Enforcement

The bill makes changes related to the child support enforcement program, including providing that past due support payments are applied first to the principal amount due and then to interest that accrued on the past due amount. The bill further provides that if a putative father is incarcerated, the correctional facility shall assist him in complying with an administrative order for genetic testing. The bill also requires that any payments made to the State Disbursement Unit which are owed to the obligee or any payments owed to an obligee in a Title IV-D case shall be disbursed electronically. Other provisions not summarized. Approved by the Governor, these provisions take effect May 28, 2008 and shall apply to causes of action accruing on or after that date. Ch. 08-92, L.O.F.