Gov. Rick Scott vetoed the family law reform bill on Friday, legislation to reform alimony in the Sunshine State. Scott said he feared SB 668 would improperly place the needs of a parent before the needs of a child.
“As a husband, father, and grandfather, I understand the importance of family and sensitivity and passion that comes with the subject of family law,” wrote Scott in a letter to Secretary of State Ken Detzner when discussing the veto of SB 668. “Family law issues are very personal, and nearly every family comes to the court with different circumstances and needs. As such, we must be judicious and carefully consider the long term and real life repercussions on Florida families.”
Scott acknowledged the responses to the legislation were passionate because divorce affects families in many different ways, but said the child should come before all others.
As Florida law currently stands, a judge considers the needs and interests of a child when determining a time-sharing schedule and parenting plan.
But Scott expressed fears the proposal would “up-end” the policy in favor of putting the wants of a parent before the child’s best interest by creating a premise of equal time-sharing.
The bill, which had originally been presented in 2013, was revised this year to allign it with the governor's concerns. It was controversial during this year’s legislative session, but it eventually passed through both chambers. One of the main provisions of the bill would have established a legal provision requiring a child to spend equal time with each parent.
While they said they understood Scott’s reasoning for vetoing the bill, some lawmakers were still disappointed.
“I am disappointed in the governor’s veto of the Alimony Reform legislation but fully understand his reasons for doing so,’’ said Rep. Ritch Workman, R-Melbourne, who sponsored the bill in the House. “The governor’s message is clear: we must tackle each issue in family law separately rather than lumping them all together.”
“Today’s news comes as quite a surprise given the work we have undertaken to address the concerns the governor expressed in his 2013 veto of family law reform legislation, said Sen. Tom Lee, R-Brandon, alluding to Scott’s veto of the alimony law in 2013. “The only express concern cited at that time related to retroactivity provisions that were not included in the 2016 legislation.”
Lee said he had met with Scott’s staff to assure them he’d address the governor’s concerns in this year’s legislation, but said no specific concerns were articulated beyond the concerns Scott expressed in his 2013 veto message. Lee himself had put the child-sharing provision in bill.
“At this point it is unclear what future family law reform legislation the governor may find acceptable,” Lee continued. “Today’s veto message is vague and does nothing to further illuminate the governor’s concerns. Specifically, the veto message focuses exclusively on potential outcomes, without giving reasons for how the legislation could actually result in those outcomes. Current law is clear that the best interest of the children remains paramount and it is the primary responsibility of judges to make a determination based on 20 factors listed in current law. Senate Bill 668 does nothing to change the primary role of the court, which is to do what is in the best interest of the children.”
Lee said he was still hopeful lawmakers would be able to continue to work on changes to state family law.
Reach reporter Allison Nielsen by email at allison@sunshinestatenews.com or follow her on Twitter: @AllisonNielsen.
