CS/HB 141 — Parenting and Time-Sharing of a Minor Child for a Convicted Parent
by Judiciary Committee and Rep. Leek (CS/CS/SB 932 by the Committees on Rules; Children, Families, and Elder Affairs and Senator Wright)
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Children, Families, and Elder Affairs Committee (CF)
The bill amends s. 61.13, F.S., expanding the application of the rebuttable presumption of detriment to the child to include when a parent has been convicted of or had adjudication withheld for an offense enumerated in s. 943.0435(1)(h)1.a., F.S. (offense criteria relevant to sexual offender registration), and at the time of the offense:
- The parent was 18 years of age or older; and
- The victim was under 18 years of age or the parent believed the victim was under 18 years of age.
A rebuttable presumption against granting a parent time-sharing with his or her minor child is also created based on the same criteria. The bill provides that the presumption against granting time-sharing may be rebutted upon the court making written findings that the parent poses no significant risk of harm to the child and that time-sharing is in the child’s best interest. If the presumption is rebutted, the bill also requires the court to consider all time-sharing factors provided for in s. 61.13(3), F.S.
If approved by the Governor, these provisions take effect July 1, 2021.
Vote: Senate 40-0; House 116-0