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When is it a crime? Florida's Laws on Stalking
Steven Bowden • Dec 20, 2018
When is Stalking Considered a Misdemeanor, and when is It Considered a Felony?
Stalking is a very serious offense under Florida law, as well it should be. From a victim’s perspective, stalking is one of the more scary crimes that can be committed against them. Stalking not only involves an invasion of privacy, but it also incites a great deal of fear in the victim, and more often than not results in grave harm or danger to the victim. Because of this, stalking is a criminal offense in all 50 states; however, in Florida, stalking can be charged as a misdemeanor as well, which will be explained in more detail later on. No matter the degree of stalking committed, however, the perpetrator can expect to spend up to at least one full year in jail for the crime.
What is Considered “Stalking”?
Stalking is generally considered to be a pattern of following, watching, or monitoring another person with the sole intent to harass, frighten, intimidate, threaten, or cause emotional duress. The act of stalking is varied in nature, and can include the following:
- Following someone, both on a one-time and on a routine basis;
- Driving past or randomly showing up at someone’s residence, place of work, or school;
- Monitoring a person’s computer, cell phone, or social networking activity (otherwise known as cyberstalking);
- Monitoring a person’s whereabouts via a secretly implanted GPS device on their vehicle or person;
- Sending unwanted letters, gifts, or emails;
- Creating unwanted contact via phone calls and text messages;
- Secretly videotaping or photographing someone;
- Gathering information about a person without their permission via public records, internet searches, private investigators, or by contacting the person’s friends, family members, and acquaintances;
- Threatening to harm the victim’s friends, family members, or pets, or even the victim themselves; and Performing damage to the person’s home, vehicle, or other property.
So, When is Stalking Considered a Misdemeanor, and when is It Considered a Felony?
Under Florida law, a person who repeatedly, willfully, and maliciously follows or harasses another person is guilty of a misdemeanor of the first degree, punishable by up to one year in prison and a $1,000 fine. However, should the stalker repeatedly, willfully, and maliciously follow or harass another individual, and make a credible threat towards that person with the intent to cause fear of death or bodily harm, the offender will be charged with a third degree felony, punishable by up to five years in prison, and a $5,000 fine, or no less than five years, and no more than 10 for a habitual felony offender.
While most married couples choose where to reside, the U.S. military decides where active service members live and for how long. Relocating, often repeatedly, and lengthy deployments place a lot of stress on Florida military families and marriages. Laws applicable to military divorces differ from non-military divorces, whether a service member is stationed stateside or overseas. In some ways, military spouses have more divorce issues than other couples. Jurisdictional options open when divorcing service members have been stationed or married somewhere other than their states of origin. You don’t have to divorce in the state where you were married, but you must divorce in a state where residency requirements have been satisfied. Federal laws are incorporated in military divorces which are granted by states under civilian laws. States have different requirements for how long a person must live there before being considered an official resident. Some states have no time limits to establish residency — in Florida, at least one spouse must live in or be stationed in the state a minimum of six months before a divorce petition can be filed. A half year residency may seem like an easily attainable goal, unless your address has been bounced around by the U.S. military. There may be several states where you can file, but divorce laws vary widely. Spouses also must consider how individual states view separation, grounds for divorce, division of military benefits, child custody, support and alimony. A complete legal assessment should factor in any added time and costs of taking legal action in another state. Keep in mind, if you do file for divorce in a state other than the one in which you now live, you may need to retain another lawyer, specifically licensed to practice family law in that state. Among other services, a civilian attorney can advise military personnel or their spouses about jurisdictional rules for divorce.
A law that went into effect on July 1, the Uniform Deployed Parents Custody and Visitation Act addresses issues of child custody and visitation that arise when parents are deployed in the military or another national service. With several military bases around and near Pensacola, FL. an effort to widen control military service members being deployed have over issues concerning their children is great for those dealing with Family Law issues here in Florida. This act has been enacted in 13 states and provides more framework for military parents deploying to find agreements for their child’s care. Florida will be the 14th state to take on the new law which allows a deploying person to enter into quick agreements for child time-sharing and custody issues with the other parent. In addition, it allows for timely court hearings to decide settlements if there are disagreements between parents, prohibits the entry of a permanent custody arrangement prior to a deployment, and termination of a temporary agreement when a service member returns. In addition, the new law allows a person who is deploying to have a broader selection of people who can be given “caretaking” authority over a child where the current law only allows for a designee to be a “family member, step-parent, or relative of the child by marriage,” according to a House staff analysis. “The bill allows a deployed parent to grant caretaking authority to a nonparent with whom the child has a close positive relationship of substantial duration and depth,” the report states. The law’s ultimate goal is to empower the deploying parent so that when they deploy, they are not compromising or negatively affecting their relationship with their child. To read the full bill that took effect, visit the Florida Senate’s page .
Social media has not only become a regular part of our lives, but also a regular issue arising in Pensacola Florida divorce cases for a variety of reasons. Although most things that are shared on social media have no relevance in court, there are occasions when social media postings can have a significant impact on your family law case. Here, we will examine issues that make social media relevant to your divorce proceedings: Spousal Support: When determining whether to award spousal support, the court must first determine whether either party has a need for support. Parties are not entitled to alimony simply because the other spouse can afford it, but rather, it is awarded based on the other spouses’ needs. If a spouse is in opposition to the court awarding alimony/spousal support, he or she may want to review their ex-spouse’s social media accounts and perhaps obtain photographs or other information to show the court that the requesting spouse does not have a need for support. That evidence may be in the form of a photograph of you on the beach in Tahiti drinking mai tai’s while making paper airplanes with one-hundred-dollar bills, or it may be some other damaging evidence. Custody & Visitation: As we are all aware, social media tends to draw people to share photographs and other personal information about their lives with the world. However, in many cases, parents have posted or shared information that was later used against them in custody and visitation proceedings. Property & Assets: Oftentimes, there is a propensity for divorcing spouses to hide property and assets from being divided during the dissolution process. However, many spouses have been exposed for concealing community assets when they posted or shared something on their social media account that revealed the hidden property or asset. Sources of Income: In many cases involving issues of spousal or child support, there are instances when parties will undertake great efforts to reduce or conceal their income in order to reduce the amount of support that will be ordered. However, spouses have been found to have perjured themselves after it was discovered that they were running undisclosed online business or other income generating activities that the spouse advertised on their social media accounts. Character & Credibility: There are many instances in family law cases when a judge may weigh information or evidence to test or determine character or credibility, and it is certainly admissible to produce evidence from your social media account to persuade the court. Contact Us Today For Assistance Steven W. Bowden, Attorney at Law has been handling contested divorces and custody issues that involve complex assets, complicated parenting plans, and other family law issues for our clients in Pensacola and surrounding areas. If you have any questions. Contact us today to find out about next steps.
The marriage has not worked out and it’s time to move on – Divorce. What should you expect? The list of questions rolling through your head will be fast and furious to say the least. Though a clean start is best for you, you need to make sure that the divorce is handled properly, whether you have property, debt, spousal support or child related issues that need resolution. The legal work is technical, the extent of which depends on the issues: more issues, more work. Uncontested Florida Divorce Process without Children An uncontested divorce without property or children, requires some “nuts and bolts’ information about you and your spouse. We can prepare and get those documents to you for execution the day we are retained and get you divorced about 30 days after filing; no fuss, no muss – divorced. An uncontested divorce case with property and no children requires us to discuss how you and your spouse intend to divide your property. Once we have that information, documents are prepared and sent to you a day or two later. You will be divorced about 30 days after filing. Remember, no court hearing is required in uncontested cases without children; stay home and save time and money. We can also restore a wife’s maiden, former or other name without requiring court hearing. Uncontested Florida Divorce Process with Children When there are children of the marriage, there are two issues that must be addressed – parenting plan and child support. The court is not concerned with you, your spouse or your property. However, when there is a child involved, every judge is concerned about the best interests of your children and will make sure that I, as your lawyer, have addressed the necessary issues in accordance with Florida law. Parenting Plan The Florida parenting plan is a twelve-page form (two of them are for signatures) that you and your spouse will fill out. When the parenting plan concept was introduced way back when, it was met with resistance by parties and lawyers alike – changes to the old way of doing things usually does. However, it really is a good idea and it works, for a couple of reasons. First, it is a comprehensive question and answer/fill in the blanks form that discusses pretty much all aspects of the child’s life; most importantly, when will each parent have the children. You can be as specific or vague as you’d like depending on you and your spouse’s situation. The parenting plan discusses enrollment in and payment for extracurricular activities, traveling, contact, school registration, etc. A good parenting plan will keep you out of court. Here’s why: before parenting plans, visitation agreements were all over the place; some marital settlement agreements would simply state that the parties would agree to agree as time went by; nothing specific, just a “vague understanding.” Well, when the “vague understanding” went south for whatever reason (usually because the divorce “honeymoon” period was over), back to court one party went seeking specificity of the nonfunctioning “vague understanding” visitation schedule. Too much unnecessary litigation caused a major change to the Florida family law system and the parenting plan was born. The terms of your agreement are there in black and white for all to see; most importantly, the judge assigned to your case. Sometimes court is necessary but a good parenting plan cuts down on potential controversies. Child Support Child Support must be calculated in every case with children; no exceptions. The amount of child supports depends on the following factors: income of the parents, certain child related expenses and the number of nights per year that each parent has the children, as set forth in your parenting plan form. Once we have both affidavits and parenting plan form, we prepare all required documents to file with the court including the Florida child support guidelines worksheet. Child support amounts, terms of payment, arrearage amounts, if any, will be set forth in the marital settlement agreement. Final Hearing Final hearings are usually set in the morning during a process known as motion calendar; a gathering of lawyers and clients wanting 5 minutes of a judge’s time. Get to court early to get in and out quickly. Here’s what to expect at the final hearing: the clerk or judge will administer the oath to tell the truth and the lawyer or judge will ask a series of routine questions: name, rank and serial number type of stuff. You will be asked whether you entered your agreement voluntarily, exchanged financial affidavits with spouse and want to be divorced. If a wife wants her maiden, former or other name restored, she must be at the final hearing. If there are children, you will be asked whether you entered a parenting plan, whether child support has been calculated and the guidelines followed and whether you took the required Florida parenting class. The entire process takes 3 minutes and the judge will usually execute the final judgment on the spot and give you a copy on your way out. If a wife has restored her maiden name, the clerk will take her to the clerk’s office to get certified copies. Contested Divorce What to expect in a contested divorce case? Here’s the thing: the issues are the same in every divorce case, contested or not. In an efficient contested divorce case with an efficient Florida divorce lawyer such as Steven Bowden, you should expect the process to move as quickly as the system allows. The goal should always be to get from A to B as quickly, efficiently and cost effectively as possible. Get your work done before its due. Get to mediation as soon as possible. Most cases settle but, if not, you can’t get to trial unless and until mediation fails. Assuming case settles at mediation, agreements will be drafted, signed, filed and final hearing set soon thereafter. No settlement? Trial – not an event the most adversarial parties should attend. Sometimes its 110% necessary, but most times not. Trial discussion best left for another day.
In order to be granted a divorce in Florida, you must be able to prove that one spouse has been mentally incapacitated for a period of time, or that the marriage is irretrievably broken. Florida is also a no-fault divorce state, which means that, when spouses divorce, there is no need for evidence that one spouse is to blame—proof of adultery, financial indiscretions, etc. However, deciding to divorce can still be complicated, particularly when one spouse does not agree that the marriage is irretrievably broken. Divorce can sometimes come as a surprise. One spouse filing for divorce on the grounds that the marriage is irretrievably broken does not ensure that the other spouse concurs. Additionally, the spouse filing must prove his or her claim, and that can be harder if spouses are not in agreement. Even if one person believes that all terms of divorce are accepted, proceeds to file, seeks legal help, and other steps in the process, the judge may still delay the decision, seeking additional proof that the marriage is, in fact, broken. This is particularly true if one party responds to the petition by claiming that the marriage is not so. While this circumstance could mean that the divorce process is drawn out and more difficult, it may also mean the possibility for reconciliation. The latter is not impossible, but should one spouse be unwilling to reconcile, or should the conditions be such that reunion is not what is best for all involved, then mediation may be the best step to avoid a lengthy, expensive divorce. However, you may still have to work in order to prove the marriage cannot be saved. If you have filed for divorce and found your spouse does not agree that the marriage is irretrievable, but reconciliation is not possible for you, then you must be prepared to prove that the marriage is irretrievably broken. If you must respond to a petition for divorce and you do not agree that the marriage is broken, claiming so does not guarantee that the divorce will be stayed, or not granted. Do you need to file for divorce, or respond to a filing? Come see us at Steven Bowden, Attorney at Law. We can help you no matter what your position.
Fight for Your License After Being Arrested for DUI A driver’s license will automatically be suspended if the driver suspected of DUI refuses to take the breath or blood test. After being arrested for drunk driving, you only have 10 days to request a DMV hearing to challenge the suspension of your driver’s license. This is an action completely separate from the criminal case, which is addressed in criminal court. A Pensacola DUI attorney can help you request a formal hearing with the DMV, and can take action to help you fight to preserve your legal right to operate a vehicle. Get Powerful Defense The 10-day rule is a very tight time frame in which to take action. It is imperative that you retain our services immediately after your arrest, so the matters related to your driver’s license are addressed by a professional with a long record of success at DMV hearings. As your ability to legally operate your vehicle is at stake, you cannot take any chances if you are facing charges for DUI. Get a law firm on your side that can manage every aspect of your case, and is in your corner. Our firm is dedicated to practicing DUI in Escambia, Santa Rosa and Okaloosa County. This focus gives us an edge in the courtroom due to our familiarity with the local courts and our thorough understanding of Florida’s DUI laws. Our team can build the strong defense that your case needs, no matter what type of DUI case you are facing. Don’t hesitate to give us a call to review your possible DUI defenses! We are rated AV® Preeminent by Martindale-Hubbell®, the most respected attorney rating service. Contact us right away for professional legal representation in DMV hearings and in court.
If you are the target or subject of a criminal investigation, it is critical that you do not speak with any law enforcement agent or officer before consulting with an attorney. An experienced Pensacola Criminal Lawyer at Steven W. Bowden, Attorney at Law can help you navigate this often complex and confusing process. As our Pensacola and Escambia County criminal defense lawyers know, the Constitutions of both the United States of America and the State of Florida afford you the right to remain silent. Unfortunately, law enforcement agencies routinely attempt to get suspects to offer recorded statements regarding their involvement in the alleged crime being investigated. In most cases, you have absolutely nothing to gain by giving a statement to law enforcement. It is the government’s responsibility to prove the charges against you; it is not their job to trick you into potentially giving a self-detrimental statement under duress. By giving a statement to a police officer, you are not only waiving a fundamental Constitutional right, but you are also making it easier for the government to prove your guilt. In a significant number of cases, without your statement or cooperation, the government may not have a case at all and thus might drop the charges against you. Do not be afraid to exercise your Fifth Amendment right against self-incrimination. Never give law enforcement officers or agents permission or consent to search you, your home, your car or any of your belongings. The Fourth Amendment of the United States Constitution mandates that law enforcement obtain a search warrant or conduct searches by way of a recognizable warrant exception (incident to lawful arrest, inventory searches, etc.). By consenting to a search, as ourPensacola and Escambia County criminal defense lawyers know, you are helping law enforcement build their case against you and eliminating some crucial defenses that may exist, which could lead to dismissal or reduction of your charges. Many people often think that by allowing law enforcement officers to search their person or property, they are demonstrating innocence and transparency; unfortunately, police officers just use such transparency as a way to build a stronger case against you. Constitutional Rights The Fifth Amendment (United States Constitution) “No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.” The Fourth Amendment (United States Constitution) “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
DUI laws vary across all 50 states, as do the punishments for conviction. The penalties in Florida look very different from those in California or Massachusetts. If you’re facing a charge of driving under the influence of drugs or alcohol, you may be served with the following penalties. First-Time Offense A first-time DUI conviction comes with the lightest consequences. The court will assume the first offense is a mistake you can easily prevent from happening again. Therefore, there it comes with no mandatory minimum jail time. You could, however, get 6 months for a standard DUI charge or 9 months if your blood alcohol content (BAC) was .15% or higher (or you drove with a minor). You may even receive 1 to 5 years in prison if another person received “serious bodily injury” during a collision. In addition, you could face the following: Probation for less than a year 50 hours of community service Driver license suspension from 6 months to 1 year Installation of an ignition interlock device (IID) in your car Vehicle impoundment for 10 days Second-Time Offense Penalties for subsequent DUI offenses tend to be severe. Jail time, for example, will increase if your last DUI was within the previous five years. A standard, second-time DUI charge could put you in jail for 9 months at the very least. On the other end of the scale, you could be imprisoned for 1–5 years, depending on the circumstances of your arrest. Your punishments could also include: Fines from $1,000–$5,000 Driver license revocation for 5 years Installation of an IID for at least 1 year Vehicle impoundment for 30 days Third-Time Offense A third DUI will incur even higher penalties. If your last conviction was more than 10 years ago, a third DUI would still be a misdemeanor, and you would probably face many of the above punishments. However, if your last DUI was less than a decade ago, you will be charged with a felony. You could serve up to 5 years in state prison on top of a mandatory 30-day jail sentence. Also, some of the following penalties could be imposed: Fines from $2,000–$5,000 Minimum 10-year driver license revocation Installation of an IID for 2 years after driver license reinstatement Vehicle impoundment for 90 days Even misdemeanors can cause serious financial harm to an individual. Call our top-rated criminal defense attorneys for help with your case. Our aggressive Florida criminal defense lawyers can defend your rights as a driver. We have more than 150 years of collective experience defending people in tough situations.
Being charged with any type of crime is a stressful experience which can carry lasting consequences. Both your professional and personal reputation can be affected, in addition to any legal consequences. Being accused of a personal crime like stalking can be frightening and put you in a very tricky position. In Florida, stalking is considered to be a semi-violent crime and allegations of this nature are taken quite seriously. If you are facing charges of stalking or know someone who is, it is important that you educate yourself on the consequences you could be facing. Understanding How & Why Stalking Is Charged Stalking involves the act of intentionally harassing, following, or cyber stalking another person. If the alleged victim has asked to be left alone and is claiming that the alleged defendant has not complied, it could lead to an arrest or criminal charges. Charges of stalking are often associated with other crimes, such as domestic violence, which can tack on additional penalties. If you are charged with multiple crimes at the same time, the normal charges or consequences could be increased. Stalking can be charged as a result of the following types of actions: Communicating via e-mail or electronic communication Showing up at the person’s home or work Making verbal or nonverbal threats Following the person when they drive What Are the Consequences of a Stalking Conviction? Stalking can potentially lead to heavy consequences, which can involve legal penalties and social repercussions. These consequences depend on the details of the alleged offense but may involve up to a year in jail for a misdemeanor offense. If the crime is charged as a felony, you could face up to five years in prison and up to $5,000 in fines. If you are in need of legal defense from a Florida criminal defense attorney, we are here to protect you.
** Update: March 9th, 2017 The 2017 Florida Legislative session is officially upon us as two alimony reform bills received their formal introductions in the House and Senate as proceedings kicked off March 7. Senate Bill 412, sponsored by Sen. Kathleen Passidomo, R-Naples, was introduced in the Senate but has not yet been placed on a committee agenda. Currently, SB 412 has been referred to the Children, Families and Elder Affairs, Judiciary, and Rules committees. In the House, Lakeland Republican Rep. Colleen Burton’s House Bill 283 received a first reading and is now in the Civil Justice and Claims subcommittee, which met today but did not take up the proposed bill. The two bills are similar in language in proposing to set calculation guidelines for judges to use in setting alimony, as well as allowing judges to deviate from those guidelines based on certain criteria. In years past, several alimony bills have generated strong debate and failed passage, two of which fell to veto by Gov. Rick Scott. So far the bill has been endorsed by the National Parents Organization of Florida, but it remains to be seen if any opposition arises as debate kicks off in various committees. We will keep you posted. ** Update: March 1st, 2017 Next week will mark the beginning of a new legislative session that is sure to spark renewed debate over alimony reform in Florida. Both the House and Senate will again be tackling bills dealing with the always controversial issue that has now spanned several sessions after falling to two governor vetoes and a stalled session over healthcare in recent years. As the 2017 session officially kicks off March 7, two alimony reform bills – House Bill 283 and Senate Bill 412 – have been referred to various committees. Both bills contain similar language that would set guideline calculations for judges to use in setting alimony in divorce cases. The bills, however, do provide for several circumstances in which judges can deviate from the guidelines. Both bills, if passed and signed by the Gov. Rick Scott, would take effect Oct. 1, 2017. Currently, HB 283, sponsored by Rep. Colleen Burton, R-Lakeland, is now in the Civil Justice & Claims Subcommittee. The committee has not yet released its meeting notice for March 8, but we will keep you posted as to when HB 283 will be heard by the board and of course let you know the outcome of any debate. SB 412, sponsored by Kathleen Passidomo, R-Naples, is also in committee but did not yet make the agenda for the March 6 meeting of the Committee on Children, Families, and Elder Affairs. We are also keeping a close eye on this bill’s progress, so stay tuned. Another family law bill did make the March 6 Children, Families, and Elder Affairs committee agenda, which if passed could streamline numerous child time-sharing cases in Florida. Senate Bill 590, sponsored Sen. Jeff Brandes, R-St. Petersburg, could add language to Florida law that governs the handling of child support by the Florida Department of Revenue. If passed, when people meet with the revenue department to set up their child support per his or her Title IV-D order, they would also be presented with an optional child visitation plan for unmarried parents, allowing the option of bypassing circuit court. The goal of the bill is to “encourage contact between non-custodial parents and their children,” Brandes stated in a press release last month. We will let you know how the committee votes on this next week. ** Update: February 2nd, 2017 Alimony reform bills filed in both the Florida House and Senate are now making progress into committee debate. Senate Bill 412 has been referred today to the Children, Families & Elder Affairs, Judiciary, and Rules committees to begin its run through this legislative session. This comes on the heels of its sister bill, HB 283, being referred to the Civil Justice & Claims and Judiciary committees in the House. Both bills are similar in proposing guideline calculations for judges to use in setting alimony in divorce cases. The bills, however, do provide for several circumstances in which judges can deviate from the calculations. Both bills, if passed and signed by the Gov. Rick Scott, would take effect Oct. 1, 2017. Scott vetoed a similar bill last year citing language that was included in the 2016 bill dealing with presumption of 50/50 time-sharing for children, an issue that is not addressed in the 2017 bills. SB 412 is sponsored by Sen. Kathleen Passidomo, R-Naples, who gave this commentary last year in speaking of the 2016 bill Scott vetoed: “I talked to lawyers on both sides of the issue. Both people representing plaintiffs and defendants and they have all said to me that this is the best compromise they can envision.” Colleen Burton, R- Lakeland, sponsor of HB 283, also commented on the issue last year during debate on the 2016 bill: “The intent of this bill is to reduce litigation therefore preserving the assets of the families and spouses. The bill provides clear guidance. These are guidelines. The courts always have the discretion to look at the entire situation and use that discretion to decide the outcome of any potential adjustments to alimony.” ** Update: January 19th, 2017 First impressions: 2017 Alimony bill season is underway. Florida House Representative Colleen Burton filed a proposed bill on Wednesday, January 18th. As with previous attempts at modifying Florida alimony law this bill will have many people for and many people against the bill. There are few subjects as contentious as what is now known as Alimony Reform. Here are our first impressions of the bill: Overall Impression: This bill appears more “balanced” than previous attempts and is less ambitious. Opponents of the bill will find fewer changes to hate. Supporters of the bill will find fewer things to cheer on. The bill does not contain anything controversial such as the presumed 50/50 parenting law. Also absent from the bill is the non-starter provision from the initial year: the provision that potentially changed all prior judgments. This alimony bill is a bit watered down, easier to swallow, and people may see it as a less extreme version from prior years. Out of the Gate Support: There is less legislative support for House Bill 283 right out of the gate. Most bills with bi-partisan support start out with a House version, and a Senate Version. The two chambers normally refine their versions through the committee process and add or change language. Many successful bills end up with identical versions from both chambers that merge into one proposed bill on the governor’s desk. This alimony reform bill is missing last year’s Senate version, previously filed by Florida Senator Kelli Stargel. Stargel’s office has indicated a lack of interest in the 2017 version of the bill. It remains to be seen whether more supporters line up but chances are there will be other legislators that will announce support. We would not be surprised if a Senate version popped up shortly. Also unknown is the current position of The Florida Bar Family Law Section. They were behind the law last year but pulled their support mid-stream. Changes contained in the proposed alimony bill: Alimony Guidelines – a repeat from previous years. The guidelines will provide a predictable formula for the calculation of alimony and remove the unpredictability that many Florida judges inject in the process. Potential Income – a way to define whether a spouse is avoiding work. This represents a stronger method of determining whether someone is not working to his or her potential. This provision will assist potential alimony payers and may also work to their advantage during alimony modification cases. Duration of Alimony Not Modifiable – Courts may modify the duration of several different types of alimony. The new law would change this and prohibit modification of duration. This is a big change and will provide predictability for both sides of the alimony issue. Nominal Alimony – Courts have always had the right to award “nominal alimony.” This could be a $1 per month alimony payment that keeps the alimony-door open. It is used in situations where someone’s income is expected to change dramatically sometime after the case is closed. The new bill spells out nominal alimony in detail – a big difference from the past. This makes us think the bill has the support of The Florida Bar Family Law Section because a nominal alimony provision almost had to come at the request of family law practitioners. These changes will not substantially benefit or change rights for either side but they will serve to clarify the law to courts. Maximum Combined Award – the new bill limits combined alimony and child support to 55% of the net income of a payer. This is a common sense change and will mimic some provisions already in federal law. Cohabitation / Supportive Relationships – this bill recycled some language from previous versions. Cohabitation, or Supportive Relationships are carefully defined. Claims of supportive relationships will be easier to support. A former spouse no longer would need to live with someone to be subject to a “supportive relationship” claim. Payers of alimony will find it easier to file for modification based on an alleged supportive relationship. New Spouses after Divorce – new spouses will no longer be fair game in alimony fights. Their income and financial records will be mostly off limits. Retirement – former spouses paying alimony will find it easier to retire under this new bill. Like former version, HB283 contains language defining the date for retirement, criteria for courts, and a presumption that retirement will affect alimony. The bill also provided temporary relief for retirees by allowing them to reduce or terminate payments while their petition is pending. There is other language that will affect alimony rights in Florida. But this list represents the major changes. Check back to this page for more detailed analysis and coverage of the proposed law.