House Bill 3301c1
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Florida House of Representatives - 1998 CS/HB 3301
By the Committee on Family Law & Children and
Representatives Betancourt, Fasano, Lynn, Diaz de la Portilla,
Crow and Cosgrove
1 A bill to be entitled
2 An act relating to domestic violence; amending
3 s. 25.385, F.S.; providing for instruction for
4 circuit and county judges in domestic violence;
5 redefining the term "domestic violence" for
6 purposes of training provided by the Florida
7 Court Educational Council; defining "judge who
8 has responsibility for cases of domestic
9 violence"; revising duties of the council;
10 providing for a comprehensive domestic violence
11 education plan and tools; requiring the council
12 to develop educational programs on domestic
13 violence; providing the programs may be a part
14 of other programs offered by the Office of
15 State Courts Administrator; providing for
16 maintenance by the office of certain records of
17 judicial attendance of such programs; providing
18 for public inspection of the records; providing
19 for inclusion of certain information with
20 respect to the programs in the annual report by
21 the council to the Governor and Legislature;
22 amending s. 44.102, F.S.; providing for
23 nonreferral of a case to court-ordered family
24 mediation upon the court's own motion, under
25 specified circumstances; amending s. 61.13,
26 F.S.; prohibiting the court from awarding
27 visitation rights to a parent who has been
28 convicted of a capital felony or a first-degree
29 felony that involved domestic violence;
30 providing certain exceptions; requiring that
31 the Supreme Court through The Florida Bar
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1 annually report to the Governor and Legislature
2 on its courses of continuing legal education on
3 domestic violence; providing an effective date.
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5 Be It Enacted by the Legislature of the State of Florida:
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7 Section 1. Section 25.385, Florida Statutes, is
8 amended to read:
9 25.385 Instruction for circuit and county court judges
10 in domestic violence Standards for instruction of circuit and
11 county court judges in handling domestic violence cases.--
12 (1) It is crucial to the fair and efficient
13 administration of justice in this state that all members of
14 the judiciary be educated on domestic violence. Therefore, the
15 Florida Court Educational Council shall establish standards
16 for domestic violence instruction and a comprehensive
17 education plan to ensure that each circuit and county court
18 judge who has responsibility for cases of domestic violence
19 has the opportunity to attend educational programs on a
20 periodic, regular, and timely basis of circuit and county
21 court judges who have responsibility for domestic violence
22 cases, and the council shall provide such instruction on a
23 periodic and timely basis.
24 (2) As used in this section:
25 (a) The term "domestic violence" is defined as in s.
26 741.28 means any assault, battery, sexual assault, sexual
27 battery, or any criminal offense resulting in physical injury
28 or death of one family or household member by another, who is
29 or was residing in the same single dwelling unit.
30 (b) A "judge who has responsibility for cases of
31 domestic violence," includes, but is not limited to, a circuit
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1 or county judge who hears domestic violence-related cases, or
2 cases where domestic violence may be present, on a temporary,
3 part-time, or emergency basis, in any division of the court,
4 including, but not limited to, family, civil, criminal,
5 probate, or juvenile divisions Family or household member"
6 means spouse, former spouse, persons related by blood or
7 marriage, persons who are presently residing together, as if a
8 family, or who have resided together in the past, as if a
9 family, and persons who have a child in common regardless of
10 whether they have been married or have resided together at any
11 time.
12 (3)(a) The Florida Court Education Council shall
13 develop and make available educational tools for instruction
14 in domestic violence, which may include, but are not limited
15 to, bench guides, video training tapes, and any other packaged
16 or presented materials the council deems appropriate, so that
17 judges can obtain information timely and efficiently before
18 hearing cases where domestic violence may be involved.
19 (b) The Florida Court Education Council shall develop
20 educational programs on domestic violence, which must include
21 training in: laws governing domestic violence; prevalence of
22 domestic violence; characteristics and impacts of domestic
23 violence on children or other dependents; custody and
24 visitation issues; issues of whether, and under what
25 conditions, mediation is appropriate; information on community
26 resources and referral services; and any other information
27 that the council deems appropriate. The educational programs
28 may be a part of other programs provided by the Office of the
29 State Courts Administrator.
30 (4) The Office of State Courts Administrator shall
31 maintain records, including the date and curriculum of the
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1 programs, of all judges who attend educational programs on
2 domestic violence, and of the current assignment of each
3 attendee, and on request shall make such records available for
4 public inspection.
5 (5) The Florida Court Education Council shall provide,
6 as part of its annual report to the Governor, the President of
7 the Senate, and the Speaker of the House of Representatives, a
8 description of the types of educational programs on domestic
9 violence offered, course materials, learning objectives, the
10 references and the names and credentials of instructors, the
11 number of judges listed by circuit and county who attend the
12 educational programs, and any other information that is
13 relevant to a full description of the educational programs on
14 domestic violence.
15 Section 2. Paragraph (b) of subsection (2) of section
16 44.102, Florida Statutes, is amended to read:
17 44.102 Court-ordered mediation.--
18 (2) A court, under rules adopted by the Supreme Court:
19 (b) In circuits in which a family mediation program
20 has been established and upon a court finding of a dispute,
21 shall refer to mediation all or part of custody, visitation,
22 or other parental responsibility issues as defined in s.
23 61.13. Upon motion or request of a party, or upon the court's
24 own motion, a court shall not refer any case to mediation if
25 it finds there has been a history of domestic violence that
26 would compromise the mediation process.
27 Section 3. Paragraph (b) of subsection (2) of section
28 61.13, Florida Statutes, is amended to read:
29 61.13 Custody and support of children; visitation
30 rights; power of court in making orders.--
31 (2)
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1 (b)1. The court shall determine all matters relating
2 to custody of each minor child of the parties in accordance
3 with the best interests of the child and in accordance with
4 the Uniform Child Custody Jurisdiction Act. It is the public
5 policy of this state to assure that each minor child has
6 frequent and continuing contact with both parents after the
7 parents separate or the marriage of the parties is dissolved
8 and to encourage parents to share the rights and
9 responsibilities, and joys, of childrearing. After considering
10 all relevant facts, the father of the child shall be given the
11 same consideration as the mother in determining the primary
12 residence of a child irrespective of the age or sex of the
13 child.
14 2. The court shall order that the parental
15 responsibility for a minor child be shared by both parents
16 unless the court finds that shared parental responsibility
17 would be detrimental to the child. Evidence that a parent has
18 been convicted of a felony of the third degree or higher
19 involving domestic violence, as defined in s. 741.28 and
20 chapter 775, or meets the criteria of s. 39.464(1)(d), creates
21 a rebuttable presumption of detriment to the child. If the
22 presumption is not rebutted, shared parental responsibility,
23 including visitation, residence of the child, and decisions
24 made regarding the child, may not be granted to the convicted
25 parent. However, the convicted parent is not relieved of any
26 obligation to provide financial support. If the court
27 determines that shared parental responsibility would be
28 detrimental to the child, it may order sole parental
29 responsibility and make such arrangements for visitation as
30 will best protect the child or abused spouse from further
31 harm. Whether or not there is a conviction of any offense of
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1 domestic violence or child abuse or the existence of an
2 injunction for protection against domestic violence, the court
3 shall consider evidence of domestic violence or child abuse as
4 evidence of detriment to the child. If the parent of the child
5 is convicted of a capital felony or a felony of the first
6 degree which involved domestic violence against another parent
7 of the child, the court may not award visitation rights to the
8 convicted parent unless the child is over 16 years of age and
9 agrees to the order of visitation; or unless the convicted
10 parent acted in self-defense and is granted executive clemency
11 or a petition for such clemency is pending on the parent's
12 behalf; or unless the court finds that visitation is in the
13 manifest best interests of the child.
14 a. In ordering shared parental responsibility, the
15 court may consider the expressed desires of the parents and
16 may grant to one party the ultimate responsibility over
17 specific aspects of the child's welfare or may divide those
18 responsibilities between the parties based on the best
19 interests of the child. Areas of responsibility may include
20 primary residence, education, medical and dental care, and any
21 other responsibilities that the court finds unique to a
22 particular family.
23 b. The court shall order "sole parental
24 responsibility, with or without visitation rights, to the
25 other parent when it is in the best interests of" the minor
26 child.
27 c. The court may award the grandparents visitation
28 rights with a minor child if it is in the child's best
29 interest. Grandparents have legal standing to seek judicial
30 enforcement of such an award. This section does not require
31 that grandparents be made parties or given notice of
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1 dissolution pleadings or proceedings, nor do grandparents have
2 legal standing as "contestants" as defined in s. 61.1306. A
3 court may not order that a child be kept within the state or
4 jurisdiction of the court solely for the purpose of permitting
5 visitation by the grandparents.
6 3. Access to records and information pertaining to a
7 minor child, including, but not limited to, medical, dental,
8 and school records, may not be denied to a parent because the
9 parent is not the child's primary residential parent.
10 Section 4. The Supreme Court, through The Florida Bar,
11 shall report to the Governor, the President of the Senate, and
12 the Speaker of the House of Representatives on the courses
13 which in their brochure outline contain reference to domestic
14 violence and which The Florida Bar approves for continuing
15 legal education credits for members of The Florida Bar. The
16 report must be submitted annually, beginning September 1,
17 1998. For courses offered or sponsored by The Florida Bar, the
18 report must include course materials; references and names of
19 instructors; a description of courses offered; the section or
20 committee of The Florida Bar which sponsors the course; the
21 number of attorneys who attend such courses, if available; and
22 any other information that describes or assesses the
23 continuing legal education courses on domestic violence which
24 are offered by The Florida Bar.
25 Section 5. This act shall take effect July 1 of the
26 year in which enacted.
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