Senate Bill 1812

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    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

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    Florida Senate - 1998                                  SB 1812
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  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,

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13  Be It Enacted by the Legislature of the State of Florida:

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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

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    Florida Senate - 1998                                  SB 1812
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  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

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    Florida Senate - 1998                                  SB 1812
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  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:

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    Florida Senate - 1998                                  SB 1812
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  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

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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.
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