Bill Text: FL S0130 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Domestic Violence

Spectrum: Slight Partisan Bill (Republican 28-12-2)

Status: (Passed) 2023-05-25 - Chapter No. 2023-112 [S0130 Detail]

Download: Florida-2023-S0130-Introduced.html

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       Florida Senate - 2023                                     SB 130
       
       
        
       By Senator Berman
       
       
       
       
       
       26-00331-23                                            2023130__
    1                        A bill to be entitled                      
    2         An act relating to domestic violence; providing a
    3         short title; amending s. 61.13, F.S.; requiring the
    4         court with jurisdiction over the proceeding to
    5         consider certain factors in deciding whether shared
    6         parental responsibility is detrimental to the child;
    7         making technical and conforming changes; providing
    8         additional conduct regarding domestic violence which
    9         the court must consider when ordering a parenting
   10         plan; amending s. 741.30, F.S.; providing an
   11         additional factor that the court must consider in
   12         determining whether a petitioner of a domestic
   13         violence injunction is in imminent danger; providing
   14         an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. This act may be cited as “Greyson’s Law.”
   19         Section 2. Paragraph (c) of subsection (2) and paragraph
   20  (m) of subsection (3) of section 61.13, Florida Statutes, are
   21  amended to read:
   22         61.13 Support of children; parenting and time-sharing;
   23  powers of court.—
   24         (2)
   25         (c) The court shall determine all matters relating to
   26  parenting and time-sharing of each minor child of the parties in
   27  accordance with the best interests of the child and in
   28  accordance with the Uniform Child Custody Jurisdiction and
   29  Enforcement Act, except that modification of a parenting plan
   30  and time-sharing schedule requires a showing of a substantial,
   31  material, and unanticipated change of circumstances.
   32         1. It is the public policy of this state that each minor
   33  child has frequent and continuing contact with both parents
   34  after the parents separate or the marriage of the parties is
   35  dissolved and to encourage parents to share the rights and
   36  responsibilities, and joys, of childrearing. Except as otherwise
   37  provided in this paragraph, there is no presumption for or
   38  against the father or mother of the child or for or against any
   39  specific time-sharing schedule when creating or modifying the
   40  parenting plan of the child.
   41         2. The court shall order that the parental responsibility
   42  for a minor child be shared by both parents unless the court
   43  finds that shared parental responsibility would be detrimental
   44  to the child. In determining detriment to the child, the court
   45  shall consider:
   46         a. Evidence of domestic violence, as defined in s. 741.28;
   47         b. Whether either parent has or has had reasonable cause to
   48  believe that he or she or his or her minor child or children are
   49  or have been in imminent danger of becoming victims of an act of
   50  domestic violence as defined in s. 741.28 or sexual violence as
   51  defined in s. 784.046(1)(c) by the other parent against the
   52  parent or against the child or children whom the parents share
   53  in common regardless of whether a cause of action has been
   54  brought or is currently pending in the court;
   55         c. Whether either parent has or has had reasonable cause to
   56  believe that his or her minor child or children are or have been
   57  in imminent danger of becoming victims of an act of abuse as
   58  defined in s. 39.01(2), abandonment as defined in s. 39.01(1),
   59  or neglect as defined in s. 39.01(50) by the other parent
   60  against the child or children whom the parents share in common
   61  regardless of whether a cause of action has been brought or is
   62  currently pending in the court; and
   63         d. Any other relevant factors.
   64         3. The following evidence creates a rebuttable presumption
   65  that shared parental responsibility is detrimental of detriment
   66  to the child:
   67         a. A parent has been convicted of a misdemeanor of the
   68  first degree or higher involving domestic violence, as defined
   69  in s. 741.28 and chapter 775;
   70         b. A parent meets the criteria of s. 39.806(1)(d); or
   71         c. A parent has been convicted of or had adjudication
   72  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
   73  at the time of the offense:
   74         (I) The parent was 18 years of age or older.
   75         (II) The victim was under 18 years of age or the parent
   76  believed the victim to be under 18 years of age.
   77  
   78  If the presumption is not rebutted after the convicted parent is
   79  advised by the court that the presumption exists, shared
   80  parental responsibility, including time-sharing with the child,
   81  and decisions made regarding the child, may not be granted to
   82  the convicted parent. However, the convicted parent is not
   83  relieved of any obligation to provide financial support. If the
   84  court determines that shared parental responsibility would be
   85  detrimental to the child, it may order sole parental
   86  responsibility and make such arrangements for time-sharing as
   87  specified in the parenting plan as will best protect the child
   88  or abused spouse from further harm. Whether or not there is a
   89  conviction of any offense of domestic violence or child abuse or
   90  the existence of an injunction for protection against domestic
   91  violence, the court shall consider evidence of domestic violence
   92  or child abuse as evidence of detriment to the child.
   93         4.3. In ordering shared parental responsibility, the court
   94  may consider the expressed desires of the parents and may grant
   95  to one party the ultimate responsibility over specific aspects
   96  of the child’s welfare or may divide those responsibilities
   97  between the parties based on the best interests of the child.
   98  Areas of responsibility may include education, health care, and
   99  any other responsibilities that the court finds unique to a
  100  particular family.
  101         5.4. The court shall order sole parental responsibility for
  102  a minor child to one parent, with or without time-sharing with
  103  the other parent if it is in the best interests of the minor
  104  child.
  105         6.5. There is a rebuttable presumption against granting
  106  time-sharing with a minor child if a parent has been convicted
  107  of or had adjudication withheld for an offense enumerated in s.
  108  943.0435(1)(h)1.a., and at the time of the offense:
  109         a. The parent was 18 years of age or older.
  110         b. The victim was under 18 years of age or the parent
  111  believed the victim to be under 18 years of age.
  112  
  113  A parent may rebut the presumption upon a specific finding in
  114  writing by the court that the parent poses no significant risk
  115  of harm to the child and that time-sharing is in the best
  116  interests of the minor child. If the presumption is rebutted,
  117  the court must shall consider all time-sharing factors in
  118  subsection (3) when developing a time-sharing schedule.
  119         7.6. Access to records and information pertaining to a
  120  minor child, including, but not limited to, medical, dental, and
  121  school records, may not be denied to either parent. Full rights
  122  under this subparagraph apply to either parent unless a court
  123  order specifically revokes these rights, including any
  124  restrictions on these rights as provided in a domestic violence
  125  injunction. A parent having rights under this subparagraph has
  126  the same rights upon request as to form, substance, and manner
  127  of access as are available to the other parent of a child,
  128  including, without limitation, the right to in-person
  129  communication with medical, dental, and education providers.
  130         (3) For purposes of establishing or modifying parental
  131  responsibility and creating, developing, approving, or modifying
  132  a parenting plan, including a time-sharing schedule, which
  133  governs each parent’s relationship with his or her minor child
  134  and the relationship between each parent with regard to his or
  135  her minor child, the best interest of the child shall be the
  136  primary consideration. A determination of parental
  137  responsibility, a parenting plan, or a time-sharing schedule may
  138  not be modified without a showing of a substantial, material,
  139  and unanticipated change in circumstances and a determination
  140  that the modification is in the best interests of the child.
  141  Determination of the best interests of the child shall be made
  142  by evaluating all of the factors affecting the welfare and
  143  interests of the particular minor child and the circumstances of
  144  that family, including, but not limited to:
  145         (m) Evidence of domestic violence, sexual violence, child
  146  abuse, child abandonment, or child neglect or evidence that a
  147  parent has or has had reasonable cause to believe that he or she
  148  or his or her minor child or children are in imminent danger of
  149  becoming victims of an act of domestic violence, regardless of
  150  whether a prior or pending action relating to those issues has
  151  been brought. If the court accepts evidence of prior or pending
  152  actions regarding domestic violence, sexual violence, child
  153  abuse, child abandonment, or child neglect, the court must
  154  specifically acknowledge in writing that such evidence was
  155  considered when evaluating the best interests of the child.
  156         Section 3. Paragraph (b) of subsection (6) of section
  157  741.30, Florida Statutes, is amended to read:
  158         741.30 Domestic violence; injunction; powers and duties of
  159  court and clerk; petition; notice and hearing; temporary
  160  injunction; issuance of injunction; statewide verification
  161  system; enforcement; public records exemption.—
  162         (6)
  163         (b) In determining whether a petitioner has reasonable
  164  cause to believe he or she is in imminent danger of becoming a
  165  victim of domestic violence, the court shall consider and
  166  evaluate all relevant factors alleged in the petition,
  167  including, but not limited to:
  168         1. The history between the petitioner and the respondent,
  169  including threats, harassment, stalking, and physical abuse.
  170         2. Whether the respondent has attempted to harm the
  171  petitioner or family members or individuals closely associated
  172  with the petitioner.
  173         3. Whether the respondent has threatened to conceal,
  174  kidnap, or harm the petitioner’s child or children.
  175         4. Whether the respondent has intentionally injured or
  176  killed a family pet.
  177         5. Whether the respondent has used, or has threatened to
  178  use, against the petitioner any weapons such as guns or knives.
  179         6. Whether the respondent has physically restrained the
  180  petitioner from leaving the home or calling law enforcement.
  181         7. Whether the respondent has a criminal history involving
  182  violence or the threat of violence.
  183         8. The existence of a verifiable order of protection issued
  184  previously or from another jurisdiction.
  185         9. Whether the respondent has destroyed personal property,
  186  including, but not limited to, telephones or other
  187  communications equipment, clothing, or other items belonging to
  188  the petitioner.
  189         10. Whether the respondent has or had engaged in a pattern
  190  of abusive, threatening, intimidating, or controlling behavior
  191  composed of a series of acts over a period of time, however
  192  short, which evidences a continuity of purpose and which
  193  reasonably causes the petitioner to believe that the petitioner
  194  or his or her minor child or children are in imminent danger of
  195  becoming victims of any act of domestic violence.
  196         11. Whether the respondent engaged in any other behavior or
  197  conduct that leads the petitioner to have reasonable cause to
  198  believe that he or she is in imminent danger of becoming a
  199  victim of domestic violence.
  200  
  201  In making its determination under this paragraph, the court is
  202  not limited to those factors enumerated in subparagraphs 1.-10.
  203         Section 4. This act shall take effect July 1, 2023.