Bill Text: FL S1460 | 2024 | Regular Session | Introduced

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Bill Title: Child Support and Time-sharing Resulting from Unwanted Pregnancies

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-03-08 - Died in Judiciary [S1460 Detail]

Download: Florida-2024-S1460-Introduced.html

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       Florida Senate - 2024                                    SB 1460
       
       
        
       By Senator Osgood
       
       
       
       
       
       32-01237-24                                           20241460__
    1                        A bill to be entitled                      
    2         An act relating to child support and time-sharing
    3         resulting from unwanted pregnancies; amending s.
    4         390.0111, F.S.; providing that the financial
    5         obligation of child support may not be terminated in
    6         instances where a victim of rape, incest, or human
    7         trafficking is unable to receive an abortion for the
    8         resulting pregnancy; providing for the automatic
    9         termination of paternal rights of the offender;
   10         providing for automatic child support orders in such
   11         instances; requiring such offenders to repay the state
   12         for any expenses incurred in support of the child;
   13         requiring physicians to provide pregnant women with
   14         specified documentation if they are denied abortion
   15         care because they are beyond the allowable timeframe
   16         for an abortion; authorizing such women to petition
   17         the court for child support; requiring the court to
   18         automatically enter such orders; specifying procedures
   19         and requirements for such orders; authorizing
   20         petitions for time-sharing to be filed beginning 1
   21         year after the birth of the child; providing an
   22         effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (16) is added to section 390.0111,
   27  Florida Statutes, to read:
   28         390.0111 Termination of pregnancies.—
   29         (16) PATERNAL RIGHTS AND CHILD SUPPORT.—
   30         (a) If a victim of rape, incest, or human trafficking is
   31  unable to receive an abortion under this section:
   32         1. The offender’s paternal rights must be automatically
   33  terminated upon his conviction by a jury or upon a plea of
   34  guilty or nolo contendere for such offense; however, the
   35  financial obligation of child support may not be terminated.
   36         2. An automatic order for child support must be entered.
   37  Any support provided by the state in support of the child must
   38  be repaid to the state by the offender.
   39         (b) If a woman who seeks abortion care is denied such care
   40  because she is beyond the allowable timeframe under this
   41  section, a physician must provide the woman documentation
   42  stating that she is beyond the timeframe to receive abortion
   43  care. Upon receipt of such documentation, the woman may petition
   44  the court for an order of child support. Upon petition to the
   45  court, the order must be entered automatically.
   46         1. The order shall be entered and the child support shall
   47  be at least $350 per month to cover prenatal care. The money
   48  shall be deposited in a depository account with the clerk of
   49  court pending the verification of a DNA test of paternal
   50  parentage. This test may be done before or after the birth of
   51  the child. Once paternity is confirmed, the court shall enter an
   52  order based upon the child support calculation methods already
   53  set in general law.
   54         2. The order must include financial support for 3 months
   55  after the birth of the child. The court shall require financial
   56  support of the child while the mother recovers on maternity
   57  leave. The mother must submit at least 3 months of pay stubs to
   58  the court for an order to be entered providing up to 50 percent
   59  of her income for support while she is on maternity leave.
   60         3. Upon petition to the court, time-sharing for the child
   61  may begin 1 year after the date the child is born or any time
   62  thereafter.
   63         Section 2. This act shall take effect upon becoming a law.