The 2023 Florida Statutes (including Special Session C)
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. . . In response, Silva filed a motion pursuant to section 742.12, Florida Statutes (2014), requesting scientific . . . Second, Silva filed his motion for scientific paternity testing pursuant to section 742.12, which, by . . . applicable to the present proceeding as this statute pertains to “any proceeding to establish paternity.” § 742.12 . . .
. . . . § 742.12(2), Fla. Stat. (2010). . . . reasonable possibility of the requisite sexual contact” with the mother to justify a paternity test. § 742.12 . . .
. . . (emphasis supplied)); § 742.12(4), Fla. . . . Williams, 566 So.2d 9, 11 (Fla. 3d DCA 1990) (citing § 742.12, Fla. Stat. (1989)); Jones v. . . . Crawford, 552 So.2d 926, 927-28 (Fla. 1st DCA 1989) (citing § 742.12(1), Fla. Stat. (1987)). . . .
. . . See § 742.12(4), Florida Statutes (2009), concerning the probability for determining fatherhood of a . . .
. . . See § 742.12(2), Fla. Stat. (2010); see also Florida Dep’t of Revenue ex rel. McKnight v. . . .
. . . So.2d 9, 11 (Fla. 3d DCA 1990) (explaining that the statutory presumption of paternity under section 742.12 . . .
. . . See § 742.12(1), Fla. . . . applicable exception in this case is the use of the DNA to determine paternity as provided in section 742.12 . . . Section 742.12 is entitled “Scientific testing to determine paternity,” and subsection (1) provides as . . . However, because section 742.12(1) does not authorize a court to require a putative sibling to submit . . . While the circuit court was authorized by section 742.12(1) to order DNA testing of the child, the mother . . . In support of her motion, Madelin cited section 742.12, Florida Statutes (2005), which provides for scientific . . . stating that the court was without authority to compel them to submit to DNA testing because section 742.12 . . . See § 742.12(2) (requiring a sworn statement or declaration under penalty of perjury alleging paternity . . . Section 742.12 provides in pertinent part: 742.12. . . . For example, section 760.40 omits section 742.12(2), which provides for court-ordered scientific testing . . .
. . . accompanying Motion for Scientific Paternity Testing sought scientific paternity testing under section 742.12 . . .
. . . In that motion, Blocker sought an order requiring scientific paternity testing pursuant to section 742.12 . . . Section 742.12 states that “[i]n any proceeding to establish paternity, the court on its own motion may . . . paternity, and the trial court lacked jurisdiction to order scientific ■ testing pursuant to section 742.12 . . .
. . . Further, section 742.12 only authorizes the trial court to order DNA testing “[i]n any proceeding to . . .
. . . . § 742.12(4), Fla. Stat. (2006). . . . .
. . . We affirm the judgment of paternity established in the permanent support order pursuant to section 742.12 . . .
. . . blood test provides clear and convincing evidence of paternity pursuant to section 742.031(1), section 742.12 . . . (4), and section 742.12(6), the court is simply awarding the mandatory temporary child support.” . . .
. . . I request, under section 742.12, Florida Statutes, that the Court enter an order for appropriate scientific . . .
. . . He argues on appeal that the trial court failed to give him notice pursuant to section 742.12(3) concerning . . . At the hearing the attorney for Monts objected, on the sole ground that section 742.12 required that . . . the parties could present case law on the issue of whether the Department had complied with section 742.12 . . . Based on this record, Monts failed to establish he had not been properly advised under section 742.12 . . .
. . . facts establishing a reasonable possibility of the requisite sexual contact between the parties.... ” § 742.12 . . . While the Department contends that under section 742.12(1) the court on its own motion can require an . . . to allow the testing to be ordered based on the Department’s motion without compliance with section 742.12 . . .
. . . . § 742.12(2), Fla. Stat. . . .
. . . Section 742.12(5), Fla. . . .
. . . In addition, pursuant to section 742.12(2), Morris timely filed her notice of objections to the initial . . . Section 742.12, Florida Statutes (1995), relied upon by the court in dismissing the cause, states in . . . As discussed below, before the trial court could rely upon the language from section 742.12(3) which . . . See §§ 742.12(2) and (5), Fla. Stat. (1995). . . . Subsections (2) and (5) of 742.12 make it clear that upon timely objection to paternity test results, . . .
. . . Greg Contino filed a Petition for Authorization of DNA Blood Typing, pursuant to sections 742.10 and 742.12 . . . erred by denying his petition for authorization for DNA blood typing, pursuant to sections 742.10 and 742.12 . . . Section 742.12(1), Florida Statutes (1997), states, “In any proceeding to establish paternity, the court . . .
. . . parties and the children first submit to scientific testing to determine paternity pursuant to section 742.12 . . .
. . . that he had a reasonable basis to believe that he may not be the child’s father, arguing that section 742.12 . . .
. . . H.L.A. test result, H.H. moved for summary judgment on the question of paternity pursuant to section 742.12 . . .
. . . See § 742.12, Fla. Stat. (1989). Blood was drawn and submitted to Roche Biomedical Laboratories. . . . Section 742.12(4) regulates scientific testing to determine paternity. . . . . § 742.12(4), Fla. Stat. (1995). . . . The court shall direct that the tests be conducted by a qualified technical laboratory.” § 742.12(1), . . . Id. § 742.12(3). . . .
. . . In dismissing, the trial court stated: The court interprets Florida Statute 742.12(4) as indicated under . . . See § 742.12(4), Fla. Stat. (1994 Supp.). Cf. Vidal v. . . . alleged father could not be the biological father, the ease “would be dismissed with prejudice.” § 742.12 . . .
. . . Section 742.12(1) requires the child, mother and father to submit to Human Leukocyte Antigen (HLA) tests . . . , she could possibly have prevailed upon HRS to dispute the original HLA test results under section 742.12 . . .
. . . See § 742.12, Fla.Stat. (1989). . . .
. . . court erred in denying their motion to require blood tests to determine paternity, based on section 742.12 . . .
. . . of discovery, the legislature has established the public policy of Florida when it enacted section 742.12 . . . Because section 742.12(1) reflects the public policy of requiring HLA testing in paternity actions, the . . .
. . . Furthermore, it does not appear that the court required the requested HLA test as directed by section 742.12 . . .
. . . the court stated: Although [paternity] test results may be admitted into evidence pursuant to section 742.12 . . .
. . . Section 742.12(1), Florida Statutes (1989), provides, in pertinent part: In any proceeding to establish . . . The reason for applying a permissive construction to section 742.12(2), the Third District explained . . . These legislative analyses explain that section 742.12(1) had formerly provided for HLA testing at the . . . Because respondent filed her motion for HLA testing after the legislature had amended section 742.12( . . . Because the Fourth District did not consider the mandatory language of section 742.12(1), these cases . . . Section 742.12(1), Florida Statutes, authorizes HLA testing in certain circumstances. . . . But, to whatever extent section 742.12(1) might otherwise apply, such evidence would not be relevant . . .
. . . Instead, the trial court appears to have relied solely upon section 742.12, Florida Statutes (1989), . . .
. . . Section 742.12(1), Florida Statutes (1989), provides that “[i]n any proceeding to establish paternity . . . husband’s request was made within two weeks following the child’s birth. (3) She contends that section 742.12 . . . raise and resolve those doubts during the dissolution proceeding.”). (4) She contends that section 742.12 . . .
. . . period, Lambert filed a motion for summary judgment on the issue of paternity “pursuant to section 742.12 . . . In opposition to the motion, Valdes filed no affidavits, but his counsel argued that section 742.12 was . . .
. . . (Fla. 5th DCA 1984), both of which hold that although HLA test results are admissible under section 742.12 . . .
. . . Section 742.12, Florida Statutes (1989), provides that HLA test results, “together with the opinions . . . Section 742.12 creates a statutory presumption. . . . Although the test results may be admitted into evidence pursuant to section 742.12, the records reflecting . . . The presumption created by section 742.12 affects the burden of proof. . . . As we stated earlier, section 742.12 merely creates a statutory presumption; it does not repeal the Florida . . .
. . . I cannot agree, however, with the majority’s interpretation of section 742.12(2), Florida Statutes (1987 . . . Given the probability levels associated with the test, see id. § 742.12(1), the HLA test results will . . . Id. § 742.12(2). . . . Id. § 742.12(1). . . . Until such time as scientific testing is shown to be infallible, litigants proceeding under section 742.12 . . . Appellant urges error in: (I) The denial of his right to have an additional blood test, pursuant to section 742.12 . . . This appeal requires a construction of Section 742.12, Florida Statutes, and particularly, a determination . . . Section 742.12, Florida Statutes ("Scientific testing to determine paternity”) reads in part as follows . . .
. . . Section 742.12, Florida Statutes, adopted effective October 1, 1986, admittedly applicable in the proceedings . . . The trial court recognized the presumption created by Section 742.12(1) but found that appellant’s credibility . . . Section 742.12(1), Florida Statutes (1987), provides that where HLA test results of less than a 95-percent . . . results were erroneous, did not avail himself of the procedures for retesting permitted under Section 742.12 . . . relations with the mother did not overcome the presumption established by the HLA test results and Section 742.12 . . .
. . . . § 742.12, Fla.Stat. (Supp. 1986). . . .
. . . paternity and moved to compel Daniel O’Meara to submit to a Human Leukocyte Antigen (HLA) test under § 742.12 . . .
. . . . § 742.12, Fla.Stat. (1986). . . .
. . . The act also creates § 742.12, Fla.Stat., which establishes the definitive nature of scientific tests . . . the alleged father cannot be the biological father, the case shall be dismissed with prejudice." § 742.12 . . .