CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2014

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Silver moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 5, between lines 2 and 3,

15

16  insert:

17         Section 3.  Section 25.385, Florida Statutes, is

18  amended to read:

19         25.385  Instruction for circuit and county court judges

20  in domestic violence Standards for instruction of circuit and

21  county court judges in handling domestic violence cases.--

22         (1)  It is crucial to the fair and efficient

23  administration of justice in this state that all members of

24  the judiciary be educated on domestic violence. Therefore, the

25  Florida Court Educational Council shall establish standards

26  for domestic violence instruction and a comprehensive

27  education plan to ensure that each circuit and county court

28  judge who has responsibility for cases of domestic violence

29  has the opportunity to attend educational programs on a

30  periodic, regular, and timely basis of circuit and county

31  court judges who have responsibility for domestic violence

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2014

    Amendment No.    





 1  cases, and the council shall provide such instruction on a

 2  periodic and timely basis.

 3         (2)  As used in this section:

 4         (a)  The term "domestic violence" is defined as in s.

 5  741.28 means any assault, battery, sexual assault, sexual

 6  battery, or any criminal offense resulting in physical injury

 7  or death of one family or household member by another, who is

 8  or was residing in the same single dwelling unit.

 9         (b)  A "judge who has responsibility for cases of

10  domestic violence," includes, but is not limited to, a circuit

11  or county judge who hears domestic violence-related cases, or

12  cases where domestic violence may be present, on a temporary,

13  part-time, or emergency basis, in any division of the court,

14  including, but not limited to, family, civil, criminal,

15  probate, or juvenile divisions Family or household member"

16  means spouse, former spouse, persons related by blood or

17  marriage, persons who are presently residing together, as if a

18  family, or who have resided together in the past, as if a

19  family, and persons who have a child in common regardless of

20  whether they have been married or have resided together at any

21  time.

22         (3)(a)  The Florida Court Education Council shall

23  develop and make available educational tools for instruction

24  in domestic violence, which may include, but are not limited

25  to, bench guides, video training tapes, and any other packaged

26  or presented materials the council deems appropriate, so that

27  judges can obtain information timely and efficiently before

28  hearing cases where domestic violence may be involved.

29         (b)  The Florida Court Education Council shall develop

30  educational programs on domestic violence, which must include

31  training in: laws governing domestic violence; prevalence of

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2014

    Amendment No.    





 1  domestic violence; characteristics and impacts of domestic

 2  violence on children or other dependents; custody and

 3  visitation issues; issues of whether, and under what

 4  conditions, mediation is appropriate; information on community

 5  resources and referral services; and any other information

 6  that the council deems appropriate. The educational programs

 7  may be a part of other programs provided by the Office of the

 8  State Courts Administrator.

 9         (4)  The Office of State Courts Administrator shall

10  maintain records, including the date and curriculum of the

11  programs, of all judges who attend educational programs on

12  domestic violence, and of the current assignment of each

13  attendee, and on request shall make such records available for

14  public inspection.

15         (5)  The Florida Court Education Council shall provide,

16  as part of its annual report to the Governor, the President of

17  the Senate, and the Speaker of the House of Representatives, a

18  description of the types of educational programs on domestic

19  violence offered, course materials, learning objectives, the

20  references and the names and credentials of instructors, the

21  number of judges listed by circuit and county who attend the

22  educational programs, and any other information that is

23  relevant to a full description of the educational programs on

24  domestic violence.

25         Section 4.  Paragraph (b) of subsection (2) of section

26  44.102, Florida Statutes, is amended to read:

27         44.102  Court-ordered mediation.--

28         (2)  A court, under rules adopted by the Supreme Court:

29         (b)  In circuits in which a family mediation program

30  has been established and upon a court finding of a dispute,

31  shall refer to mediation all or part of custody, visitation,

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2014

    Amendment No.    





 1  or other parental responsibility issues as defined in s.

 2  61.13. Upon motion or request of a party, or upon the court's

 3  own motion, a court shall not refer any case to mediation if

 4  it finds there has been a history of domestic violence that

 5  would compromise the mediation process.

 6         Section 5.  Paragraph (b) of subsection (2) of section

 7  61.13, Florida Statutes, is amended to read:

 8         61.13  Custody and support of children; visitation

 9  rights; power of court in making orders.--

10         (2)

11         (b)1.  The court shall determine all matters relating

12  to custody of each minor child of the parties in accordance

13  with the best interests of the child and in accordance with

14  the Uniform Child Custody Jurisdiction Act. It is the public

15  policy of this state to assure that each minor child has

16  frequent and continuing contact with both parents after the

17  parents separate or the marriage of the parties is dissolved

18  and to encourage parents to share the rights and

19  responsibilities, and joys, of childrearing. After considering

20  all relevant facts, the father of the child shall be given the

21  same consideration as the mother in determining the primary

22  residence of a child irrespective of the age or sex of the

23  child.

24         2.  The court shall order that the parental

25  responsibility for a minor child be shared by both parents

26  unless the court finds that shared parental responsibility

27  would be detrimental to the child. Evidence that a parent has

28  been convicted of a felony of the third degree or higher

29  involving domestic violence, as defined in s. 741.28 and

30  chapter 775, or meets the criteria of s. 39.464(1)(d), creates

31  a rebuttable presumption of detriment to the child. If the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2014

    Amendment No.    





 1  presumption is not rebutted, shared parental responsibility,

 2  including visitation, residence of the child, and decisions

 3  made regarding the child, may not be granted to the convicted

 4  parent. However, the convicted parent is not relieved of any

 5  obligation to provide financial support. If the court

 6  determines that shared parental responsibility would be

 7  detrimental to the child, it may order sole parental

 8  responsibility and make such arrangements for visitation as

 9  will best protect the child or abused spouse from further

10  harm. Whether or not there is a conviction of any offense of

11  domestic violence or child abuse or the existence of an

12  injunction for protection against domestic violence, the court

13  shall consider evidence of domestic violence or child abuse as

14  evidence of detriment to the child. If the parent of the child

15  is convicted of a capital felony or a felony of the first

16  degree which involved domestic violence against another parent

17  of the child, the court may not award visitation rights to the

18  convicted parent unless the child is over 16 years of age and

19  agrees to the order of visitation; or unless the convicted

20  parent acted in self-defense and is granted executive clemency

21  or a petition for such clemency is pending on the parent's

22  behalf; or unless the court finds extraordinary circumstances

23  to warrant that visitation is in the manifest best interests

24  of the child. A parent shall not be deemed convicted under

25  this subparagraph until the conviction has been affirmed on

26  appeal or the time for filing an appeal has passed and no

27  appeal has been filed.

28         a.  In ordering shared parental responsibility, the

29  court may consider the expressed desires of the parents and

30  may grant to one party the ultimate responsibility over

31  specific aspects of the child's welfare or may divide those

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2014

    Amendment No.    





 1  responsibilities between the parties based on the best

 2  interests of the child. Areas of responsibility may include

 3  primary residence, education, medical and dental care, and any

 4  other responsibilities that the court finds unique to a

 5  particular family.

 6         b.  The court shall order "sole parental

 7  responsibility, with or without visitation rights, to the

 8  other parent when it is in the best interests of" the minor

 9  child.

10         c.  The court may award the grandparents visitation

11  rights with a minor child if it is in the child's best

12  interest. Grandparents have legal standing to seek judicial

13  enforcement of such an award. This section does not require

14  that grandparents be made parties or given notice of

15  dissolution pleadings or proceedings, nor do grandparents have

16  legal standing as "contestants" as defined in s. 61.1306. A

17  court may not order that a child be kept within the state or

18  jurisdiction of the court solely for the purpose of permitting

19  visitation by the grandparents.

20         3.  Access to records and information pertaining to a

21  minor child, including, but not limited to, medical, dental,

22  and school records, may not be denied to a parent because the

23  parent is not the child's primary residential parent.

24         Section 6.  The Supreme Court, through The Florida Bar,

25  shall report to the Governor, the President of the Senate, and

26  the Speaker of the House of Representatives on the courses

27  which in their brochure outline contain reference to domestic

28  violence and which The Florida Bar approves for continuing

29  legal education credits for members of The Florida Bar. The

30  report must be submitted annually, beginning September 1,

31  1998. For courses offered or sponsored by The Florida Bar, the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2014

    Amendment No.    





 1  report must include course materials; references and names of

 2  instructors; a description of courses offered; the section or

 3  committee of The Florida Bar which sponsors the course; the

 4  number of attorneys who attend such courses, if available; and

 5  any other information that describes or assesses the

 6  continuing legal education courses on domestic violence which

 7  are offered by The Florida Bar.

 8         Section 7.  Section 741.28, Florida Statutes, is

 9  amended to read:

10         741.28  Domestic violence; definitions.--As used in ss.

11  741.28-741.31, the term:

12         (1)  "Domestic violence" means any assault, aggravated

13  assault, battery, aggravated battery, sexual assault, sexual

14  battery, stalking, aggravated stalking, kidnapping, false

15  imprisonment, or any criminal offense resulting in physical

16  injury or death of one family or household member by another

17  family or household member who is or was residing in the same

18  single dwelling unit.

19         (2)  "Family or household member" means spouses, former

20  spouses, persons related by blood or marriage, persons who are

21  presently residing together as if a family or who have resided

22  together in the past as if a family, and persons who have a

23  child in common regardless of whether they have been married

24  or have resided together at any time.

25         (3)  "Department" means the Florida Department of Law

26  Enforcement.

27         (4)  "Law enforcement officer" means any person who is

28  elected, appointed, or employed by any municipality or the

29  state or any political subdivision thereof who meets the

30  minimum qualifications established in s. 943.13 and is

31  certified as a law enforcement officer under s. 943.1395.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2014

    Amendment No.    





 1

 2  (Redesignate subsequent sections.)

 3

 4

 5  ================ T I T L E   A M E N D M E N T ===============

 6  And the title is amended as follows:

 7         On page 2, line 3, after the semicolon

 8

 9  insert:

10         amending s. 25.385, F.S.; providing for

11         instruction for circuit and county judges in

12         domestic violence; redefining the term

13         "domestic violence" for purposes of training

14         provided by the Florida Court Educational

15         Council; defining "judge who has responsibility

16         for cases of domestic violence"; revising

17         duties of the council; providing for a

18         comprehensive domestic violence education plan

19         and tools; requiring the council to develop

20         educational programs on domestic violence;

21         providing the programs may be a part of other

22         programs offered by the Office of State Courts

23         Administrator; providing for maintenance by the

24         office of certain records of judicial

25         attendance of such programs; providing for

26         public inspection of the records; providing for

27         inclusion of certain information with respect

28         to the programs in the annual report by the

29         council to the Governor and Legislature;

30         amending s. 44.102, F.S.; providing for

31         nonreferral of a case to court-ordered family

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2014

    Amendment No.    





 1         mediation upon the court's own motion, under

 2         specified circumstances; amending s. 61.13,

 3         F.S.; prohibiting the court from awarding

 4         visitation rights to a parent who has been

 5         convicted of a capital felony or a first-degree

 6         felony that involved domestic violence;

 7         providing certain exceptions; requiring that

 8         the Supreme Court through The Florida Bar

 9         annually report to the Governor and Legislature

10         on its courses of continuing legal education on

11         domestic violence; amending s. 741.28; deleting

12         requirement that victim and alleged perpetrator

13         currently or formerly have resided in the same

14         single dwelling unit;

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