FL H0813

Creates s. 61.1255, F.S., defining "dependent adult child" as an unmarried adult incapable of self-support due to a physical or mental incapacity that began before age 18, and establishes procedures for filing civil suits in circuit court to obtain parental support for such individuals, with suits permitted after the child reaches age 17 years and 6 months.

Requires courts determining dependent adult child support amounts under new s. 61.31 to consider the child's income and assets, incapacity-related needs, each parent's financial resources, caregiving arrangements, and available programs — and prohibits ordering support that would cause ineligibility for means-based government benefits the child receives or may become eligible for.

Authorizes courts to irrevocably assign support payments to a special needs trust (42 U.S.C. s. 1396p(d)(4)(A)) or pooled trust (42 U.S.C. s. 1396p(d)(4)(C)) established for the dependent adult child's benefit in order to preserve means-based government benefits.

Amends guardian advocate (ch. 393) and guardian (ch. 744) statutes to allow petitions requesting authority to bring civil suits to establish periodic parental support payments for persons with developmental disabilities or dependent adult children, while clarifying no obligation is imposed on guardians to pursue such support.

Prohibits the Department of Revenue from filing petitions to establish, modify, or enforce support orders for dependent adult children, and specifies that standard child support guidelines (s. 61.30) do not apply to dependent adult child support determinations. Effective July 1, 2023.