Parenting plan bill that skip courts, lifts court overload gets unilateral support in Senate committee

A bill heard by a Florida Senate committee Monday seeks to streamline the process of setting up a parenting plan for unmarried parents, according to its sponsor.

The proposal in the Senate’s Committee on Children, Families and Elder Affairs Committee – SB 590 – was introduced by its lead author, Sen. Jeff Brandes, with members voting in the end to forward the bill.

After that, the bill still must go through several more committees, then heard on the floor of the Statehouse before it becomes law.

The bill looks to authorize the Florida Department of Revenue to establish parenting time plans agreed to by both parents under Title IV-D child support actions of the Social Security Act, as permitted by the U.S. Department of Health and Human Services. (Title Iv-D is a federal public welfare program that took effect in 1975. It is a conduit for states to enforce child support programs on parent’s delinquent in such responsibilities, etc.)

“The bottom line is that this bill is not just about money, it’s about spending quality time with kids,” Brandes told the committee.

He was asked what costs the bill would incur to the state, responding there would be a one-time, non-recurring cost of $419,000, with annual recurring costs of $20,000.

“It’s a very economical way for kids to see their dads,” Brandes said.

Brandes’ bill also looks to encourage frequent contact between a child and a parent, or parents, for the positive development of children.

The committee peppered the senator with questions, with one came from Sen. Victor Torres, vice-chair of the committee, who wondered whether it affected parents who lived in other states or under nontraditional conditions. He also mentioned he thought it might need a little tweaking before a vote on the floor of the Florida Senate.

Brandes said if a child is under 3-years old, or if one of the parents has committed a crime – like not paying child support or having been convicted of domestic violence – then the custodial parent wouldn’t have to agree to a parenting plan.

In the event the parents can’t agree on a parenting time plan, they would be referred to a circuit court in their district for the establishment of a program. In these instances, parents wouldn’t pay a fee to file a petition to determine a parenting time plan.

The bill would go into effect Jan. 1, 2018.

It has long been agreed upon by child development experts and those in the psychiatric communities that closer parent-child relationships can often lead to emotional and behavioral stability in adulthood, and overall better mental health, according to the online journal Psychology Today.

The article also noted when parents and children fall out of timing with each other, either of the parties may become mentally distressed.

However, there was a voice of dissent.

Beth Luna, a Jacksonville-based attorney who spoke to the committee about her opposition to the measure, said it SB 590 needs improvements.

“It’s a long-standing policy of this state to do what’s best for a child,” Luna said. “You just can’t implement a plan that’s a one size fits all approach. … Not every child is the same. A child at 16 or 17 is going to be different than a child who is 3 or 4 – the same goes for a special needs child.”

All parenting plans are approved in Family Court in the state of Florida.

Her concerns elicited a host of questions by the committee members, who considered her viewpoint.

But in the end, there was unanimous support for Brandes’ bill.