Senate Bill 1812
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1812
By Senator Harris
24-1490-98
1 A bill to be entitled
2 An act relating to proceedings relating to the
3 custody and support of children; amending s.
4 61.13, F.S.; requiring a court to state in
5 writing its findings of fact and conclusions of
6 law pertaining to the court's determination of
7 parental responsibility or residential
8 responsibility; creating s. 61.50, F.S.;
9 requiring notices of hearings under ch. 61,
10 F.S., to include an advisory note; providing an
11 effective date.
12
13 WHEREAS, the Legislature has clearly stated that the
14 public policy of this state is that children who do not live
15 with both parents are entitled to frequent and continuing
16 contact with both parents, unless the children are thereby
17 subjected to abuse or neglect, and
18 WHEREAS, in furtherance of that public policy, the
19 Legislature has removed all gender-based criteria from chapter
20 61, Florida Statutes, so that both fathers and mothers are to
21 be considered equally by the judiciary when determining a
22 child's best interests in a dispute regarding a child's
23 residency, and
24 WHEREAS, some residents of this state have a perception
25 that, despite the gender neutrality of chapter 61, Florida
26 Statutes, the law is being applied by trial courts in a
27 gender-biased manner, and
28 WHEREAS, such a perception, if grounded in fact, is
29 unacceptable, is contrary to children's best interests, and is
30 contrary to the public policy of this state, and
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1812
24-1490-98
1 WHEREAS, such a perception, if not grounded in fact, is
2 against the public interest because it reduces confidence in
3 the judiciary without justification, and
4 WHEREAS, a lack of a record of trial court proceedings
5 can prevent meaningful appellate review or other analysis of
6 trial court action, and
7 WHEREAS, it is in the public interest to ensure that
8 legislative policy is properly implemented by trial courts and
9 that trial courts are properly protected from erroneous
10 perceptions that erode public confidence in the judiciary,
11 NOW, THEREFORE,
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Paragraph (b) of subsection (2) of section
16 61.13, Florida Statutes, is amended to read:
17 61.13 Custody and support of children; visitation
18 rights; power of court in making orders.--
19 (2)
20 (b)1. The court shall determine all matters relating
21 to custody of each minor child of the parties in accordance
22 with the best interests of the child and in accordance with
23 the Uniform Child Custody Jurisdiction Act. It is the public
24 policy of this state to assure that each minor child has
25 frequent and continuing contact with both parents after the
26 parents separate or the marriage of the parties is dissolved
27 and to encourage parents to share the rights and
28 responsibilities, and joys, of childrearing. After considering
29 all relevant facts, the father of the child shall be given the
30 same consideration as the mother in determining the primary
31 residence of a child irrespective of the age or sex of the
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1812
24-1490-98
1 child. If a judicial determination of parental responsibility,
2 residential responsibility, or both is made by a trial court
3 after a hearing on the merits and based on the factors set
4 forth in subsection (3), the court shall state in writing the
5 findings of fact based on competent substantial evidence found
6 in the record and the conclusions of law on which its decision
7 is based.
8 2. The court shall order that the parental
9 responsibility for a minor child be shared by both parents
10 unless the court finds that shared parental responsibility
11 would be detrimental to the child. Evidence that a parent has
12 been convicted of a felony of the third degree or higher
13 involving domestic violence, as defined in s. 741.28 and
14 chapter 775, or meets the criteria of s. 39.464(1)(d), creates
15 a rebuttable presumption of detriment to the child. If the
16 presumption is not rebutted, shared parental responsibility,
17 including visitation, residence of the child, and decisions
18 made regarding the child, may not be granted to the convicted
19 parent. However, the convicted parent is not relieved of any
20 obligation to provide financial support. If the court
21 determines that shared parental responsibility would be
22 detrimental to the child, it may order sole parental
23 responsibility and make such arrangements for visitation as
24 will best protect the child or abused spouse from further
25 harm. Whether or not there is a conviction of any offense of
26 domestic violence or child abuse or the existence of an
27 injunction for protection against domestic violence, the court
28 shall consider evidence of domestic violence or child abuse as
29 evidence of detriment to the child.
30 a. In ordering shared parental responsibility, the
31 court may consider the expressed desires of the parents and
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1812
24-1490-98
1 may grant to one party the ultimate responsibility over
2 specific aspects of the child's welfare or may divide those
3 responsibilities between the parties based on the best
4 interests of the child. Areas of responsibility may include
5 primary residence, education, medical and dental care, and any
6 other responsibilities that the court finds unique to a
7 particular family.
8 b. The court shall order "sole parental
9 responsibility, with or without visitation rights, to the
10 other parent when it is in the best interests of" the minor
11 child.
12 c. The court may award the grandparents visitation
13 rights with a minor child if it is in the child's best
14 interest. Grandparents have legal standing to seek judicial
15 enforcement of such an award. This section does not require
16 that grandparents be made parties or given notice of
17 dissolution pleadings or proceedings, nor do grandparents have
18 legal standing as "contestants" as defined in s. 61.1306. A
19 court may not order that a child be kept within the state or
20 jurisdiction of the court solely for the purpose of permitting
21 visitation by the grandparents.
22 3. Access to records and information pertaining to a
23 minor child, including, but not limited to, medical, dental,
24 and school records, may not be denied to a parent because the
25 parent is not the child's primary residential parent.
26 Section 2. Section 61.50, Florida Statutes, is created
27 to read:
28 61.50 Notice of hearing; required advisory.--Each
29 notice of a hearing under this chapter which is required to be
30 served upon opposing parties or their counsel must include the
31 following advisory:
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 1812
24-1490-98
1 "Proceedings of this type are not automatically
2 recorded or transcribed by the court. You have
3 the right to have a court reporter present to
4 record the proceedings, for a charge, if you
5 wish. Failure to make a record of the
6 proceedings could prevent any opportunity for
7 appellate review."
8 Section 3. This act shall take effect July 1, 1998.
9
10 *****************************************
11 SENATE SUMMARY
12 In connection with proceedings relating to the
dissolution of marriage and the custody of children,
13 requires a court to state in writing its findings of fact
and conclusions of law pertaining to the court's
14 determination of parental responsibility or residential
responsibility. Requires notices of hearings under ch.
15 61, F.S., to include an advisory note relating to
preservation of a record of the hearing.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5