(1) A Title IV-D Standard Parenting Time Plan shall be presented to the parents in any administrative action taken by the Title IV-D program to establish or modify child support or to determine paternity. If the parents agree to the Title IV-D Standard Parenting Time Plan or to another parenting time plan, the plan must be signed by the parents and incorporated into the administrative order. If the parents do not agree to a Title IV-D Standard Parenting Time Plan or if an agreed-upon parenting time plan is not included, the Department of Revenue must enter an administrative support order and refer the parents to the court of appropriate jurisdiction to establish a parenting time plan. The department must note on the referral that an administrative support order has been entered. If a parenting time plan is not included in the administrative support order entered pursuant to s. 409.2563, the department must provide information to the parents on the process to establish such a plan.
(2) After the incorporation of an agreed-upon parenting time plan into an administrative order, a modification or enforcement of the parenting time plan may be sought through a court of appropriate jurisdiction.
(3) The parent who owes support is entitled to parenting time with the child. If the parents do not have a signed, agreed-upon parenting time plan, the following Title IV-D Standard Parenting Time Plan must be incorporated into an administrative support order if agreed to and signed by the parents:
(a) Every other weekend.—The second and fourth full weekend of the month from 6 p.m. on Friday through 6 p.m. on Sunday. The weekends may begin upon the child’s release from school on Friday and end on Sunday at 6 p.m. or when the child returns to school on Monday morning. The weekend time may be extended by holidays that fall on Friday or Monday;
(b) One evening per week.—One weekday beginning at 6 p.m. and ending at 8 p.m. or, if both parents agree, from when the child is released from school until 8 p.m.;
(c) Thanksgiving break.—In even-numbered years, the Thanksgiving break from 6 p.m. on the Wednesday before Thanksgiving until 6 p.m. on the Sunday following Thanksgiving. If both parents agree, the Thanksgiving break parenting time may begin upon the child’s release from school and end upon the child’s return to school the following Monday;
(d) Winter break.—In odd-numbered years, the first half of winter break, from the child’s release from school, beginning at 6 p.m. or, if both parents agree, upon the child’s release from school, until noon on December 26. In even-numbered years, the second half of winter break from noon on December 26 until 6 p.m. on the day before school resumes or, if both parents agree, upon the child’s return to school;
(e) Spring break.—In even-numbered years, the week of spring break from 6 p.m. the day the child is released from school until 6 p.m. the night before school resumes. If both parents agree, the spring break parenting time may begin upon the child’s release from school and end upon the child’s return to school the following Monday; and
(f) Summer break.—For 2 weeks in the summer beginning at 6 p.m. the first Sunday following the last day of school.
(4) In the event the parents have not agreed on a parenting schedule at the time of the child support hearing, the department shall enter an administrative support order and refer the parents to a court of appropriate jurisdiction for the establishment of a parenting time plan.
(5) The Title IV-D Standard Parenting Time Plan is not intended for the use by, and may not be provided to, parents and families with domestic or family violence concerns.
(6) If, after the incorporation of an agreed-upon parenting time plan into an administrative support order, a parent becomes concerned about the safety of the child during the child’s time with the other parent, a modification of the parenting time plan may be sought through a court of appropriate jurisdiction.
(7) The department shall create and provide a form for a petition to establish a parenting time plan for parents who have not agreed on a parenting schedule at the time of the child support hearing. The department shall provide the form to the parents, but may not file the petition or represent either parent at the hearing.
(8) The parents may not be required to pay a fee to file the petition to establish a parenting plan.
(9) The department may adopt rules to implement and administer this section.
History.—s. 5, ch. 2017-117.
Structure Florida Statutes
Chapter 409 - Social and Economic Assistance
Part I - Social and Economic Assistance (Ss. 409.016-409.5093)
409.017 - Revenue Maximization Act; legislative intent; revenue maximization program.
409.031 - State agency for administering social service funds.
409.1415 - Parenting partnerships for children in out-of-home care; resources.
409.145 - Care of children; “reasonable and prudent parent” standard.
409.1451 - The Road-to-Independence Program.
409.14515 - Independent living preparation.
409.146 - Children and families client and management information system.
409.1464 - Responsible Fatherhood Initiative.
409.1465 - Grants to address the needs of fathers.
409.1467 - Mentorship for at-risk male students.
409.147 - Children’s initiatives.
409.153 - Implementation of Healthy Families Florida program.
409.165 - Alternate care for children.
409.166 - Children within the child welfare system; adoption assistance program.
409.1662 - Children within the child welfare system; adoption incentive program.
409.1666 - Annual adoption achievement awards.
409.16742 - Shared family care residential services program for substance-exposed newborns.
409.1676 - Comprehensive residential group care services to children who have extraordinary needs.
409.1679 - Additional requirements; reimbursement methodology.
409.16791 - Ongoing study of commercial sexual exploitation of children.
409.1755 - One Church, One Child of Florida Corporation Act; creation; duties.
409.1757 - Persons not required to be refingerprinted or rescreened.
409.176 - Registration of residential child-caring agencies and family foster homes.
409.179 - Family-friendly workplace initiative.
409.212 - Optional supplementation.
409.221 - Consumer-directed care program.
409.2551 - Legislative intent.
409.2554 - Definitions; ss. 409.2551-409.2598.
409.2557 - State agency for administering child support enforcement program.
409.25575 - Support enforcement; privatization.
409.2558 - Support distribution and disbursement.
409.2559 - State disbursement unit.
409.2563 - Administrative establishment of child support obligations.
409.25633 - Title IV-D Standard Parenting Time Plans.
409.25635 - Determination and collection of noncovered medical expenses.
409.2564 - Actions for support.
409.25641 - Procedures for processing interstate enforcement requests.
409.2565 - Publication of delinquent obligors.
409.25657 - Requirements for financial institutions.
409.25658 - Use of unclaimed property for past due support.
409.25659 - Insurance claim data exchange.
409.25661 - Public records exemption for insurance claim data exchange information.
409.2567 - Services to individuals not otherwise eligible.
409.2571 - Court and witness fees; bond.
409.2574 - Income deduction enforcement in Title IV-D cases.
409.2575 - Liens on motor vehicles and vessels.
409.2576 - State Directory of New Hires.
409.2577 - Parent locator service.
409.2578 - Access to employment information; administrative fine.
409.2579 - Safeguarding Title IV-D case file information.
409.2581 - Use of clearing accounts and revolving funds.
409.2584 - Interest on obligations due; waiver.
409.2594 - Record requirements.
409.2597 - Retention of actions.
409.2598 - License suspension proceeding to enforce support order.
409.2599 - Data processing services; interagency agreement.
409.25995 - State Title IV-D agency; contracts.
409.25996 - Organizations that assist noncustodial parents.
409.2673 - Shared county and state health care program for low-income persons.
409.26731 - Certification of local funds as state match for federally funded services.
409.285 - Opportunity for hearing and appeal.
409.401 - Interstate Compact on the Placement of Children.
409.402 - Financial responsibility for child.
409.403 - Definitions; Interstate Compact on the Placement of Children.
409.404 - Agreements between party state officers and agencies.
409.405 - Court placement of delinquent children.
409.406 - Interstate Compact on Adoption and Medical Assistance.
409.408 - Interstate Compact for the Placement of Children.
409.409 - Effect of existing compact provisions.
409.4101 - Rulemaking authority.
409.441 - Runaway youth programs and centers.
409.508 - Low-income home energy assistance program.
409.509 - Definitions; weatherization of low-income residences.
409.5091 - Department responsible for weatherizing agencies; energy assessment.