Senate Bill 0494

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


    Florida Senate - 1998                                   SB 494

    By Senator Silver





    38-185A-98

  1                      A bill to be entitled

  2         An act relating to domestic violence; amending

  3         s. 25.385, F.S.; redefining the term "domestic

  4         violence" for purposes of training provided by

  5         the Florida Court Educational Council; amending

  6         s. 61.13, F.S.; prohibiting the court from

  7         awarding visitation rights to a parent who has

  8         been convicted of a capital felony or a

  9         first-degree felony that involved domestic

10         violence; providing certain exceptions;

11         requiring that the Supreme Court require judges

12         who hear cases involving domestic violence to

13         attend educational programs on domestic

14         violence; requiring the Florida Court Education

15         Council to develop the programs; requiring that

16         the Office of State Courts Administrator report

17         to the Governor and Legislature on the

18         programs; requiring that The Florida Bar report

19         on its courses of continuing legal education on

20         domestic violence; providing an effective date.

21

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

23

24         Section 1.  Section 25.385, Florida Statutes, is

25  amended to read:

26         25.385  Standards for instruction of circuit and county

27  court judges in handling domestic violence cases.--

28         (1)  The Florida Court Educational Council shall

29  establish standards for instruction of circuit and county

30  court judges who have responsibility for domestic violence

31

                                  1

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






    Florida Senate - 1998                                   SB 494
    38-185A-98




  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" means any assault,

  5  aggravated assault, battery, aggravated battery, sexual

  6  assault, sexual battery, stalking, aggravated stalking,

  7  kidnapping, false imprisonment, or any criminal offense

  8  resulting in physical injury or death of one family or

  9  household member by another, who is or was residing in the

10  same single dwelling unit.

11         (b)  "Family or household member" means spouse, former

12  spouse, persons related by blood or marriage, persons who are

13  presently residing together, as if a family, or who have

14  resided together in the past, as if a family, and persons who

15  have a child in common regardless of whether they have been

16  married or have resided together at any time.

17         Section 2.  Paragraph (b) of subsection (2) of section

18  61.13, Florida Statutes, is amended to read:

19         61.13  Custody and support of children; visitation

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

21         (2)

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

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

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

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

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

27  frequent and continuing contact with both parents after the

28  parents separate or the marriage of the parties is dissolved

29  and to encourage parents to share the rights and

30  responsibilities, and joys, of childrearing. After considering

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

                                  2

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






    Florida Senate - 1998                                   SB 494
    38-185A-98




  1  same consideration as the mother in determining the primary

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

  3  child.

  4         2.  The court shall order that the parental

  5  responsibility for a minor child be shared by both parents

  6  unless the court finds that shared parental responsibility

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

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

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

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

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

12  presumption is not rebutted, shared parental responsibility,

13  including visitation, residence of the child, and decisions

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

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

16  obligation to provide financial support. If the court

17  determines that shared parental responsibility would be

18  detrimental to the child, it may order sole parental

19  responsibility and make such arrangements for visitation as

20  will best protect the child or abused spouse from further

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

22  domestic violence or child abuse or the existence of an

23  injunction for protection against domestic violence, the court

24  shall consider evidence of domestic violence or child abuse as

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

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

27  degree which involved domestic violence against another parent

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

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

30  agrees to the order of visitation, unless the convicted parent

31  acted in self defense and is granted executive clemency or a

                                  3

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






    Florida Senate - 1998                                   SB 494
    38-185A-98




  1  petition for such executive clemency is pending on the

  2  parent's behalf, or unless the court finds that extraordinary

  3  circumstances warrant such visitation.

  4         a.  In ordering shared parental responsibility, the

  5  court may consider the expressed desires of the parents and

  6  may grant to one party the ultimate responsibility over

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

  8  responsibilities between the parties based on the best

  9  interests of the child. Areas of responsibility may include

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

11  other responsibilities that the court finds unique to a

12  particular family.

13         b.  The court shall order "sole parental

14  responsibility, with or without visitation rights, to the

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

16  child.

17         c.  The court may award the grandparents visitation

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

19  interest. Grandparents have legal standing to seek judicial

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

21  that grandparents be made parties or given notice of

22  dissolution pleadings or proceedings, nor do grandparents have

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

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

25  jurisdiction of the court solely for the purpose of permitting

26  visitation by the grandparents.

27         3.  Access to records and information pertaining to a

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

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

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

31         Section 3.  Judicial education on domestic violence.--

                                  4

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






    Florida Senate - 1998                                   SB 494
    38-185A-98




  1         (1)  The Supreme Court shall require each judge in this

  2  state who is responsible for or who hears cases that involve

  3  domestic violence to attend educational programs on domestic

  4  violence. The educational programs may be a part of the

  5  educational programs provided by the Office of the State

  6  Courts Administrator. The Florida Court Education Council

  7  shall develop the educational programs, which must include

  8  training on the laws governing domestic violence, the

  9  prevalence and dynamics of domestic violence, the impact of

10  domestic violence on children, and any other information that

11  the council deems appropriate. This section applies regardless

12  of whether a judge hears cases on a temporary, part-time, or

13  emergency basis, and applies to any judge who hears civil,

14  criminal, or juvenile cases that involve domestic violence.

15         (2)  The Office of State Courts Administrator shall

16  maintain records of all judges who attend educational programs

17  on domestic violence, including the date and curriculum of the

18  programs, and shall provide an annual report to the Governor,

19  the President of the Senate, and the Speaker of the House of

20  Representatives. The report must include a description of the

21  type of programs, the proficiency of judges in understanding

22  domestic violence, the number of judges listed by circuit and

23  county who attend the educational programs, the cases assigned

24  to the judges who attend the programs, and any other

25  information that is relevant to a full description of the

26  educational programs on domestic violence.

27         Section 4.  The Florida Bar shall report to the

28  Governor, the Chief Justice of the Supreme Court, the

29  President of the Senate, and the Speaker of the House of

30  Representatives on the courses on domestic violence which The

31  Florida Bar approves for continuing legal education credits

                                  5

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






    Florida Senate - 1998                                   SB 494
    38-185A-98




  1  for members of The Florida Bar. The report must be submitted

  2  by September 1, 1998, and must include course materials,

  3  references, names of instructors, a description of courses

  4  offered, the section or committee of The Florida Bar which

  5  sponsors the course, the number of attorneys who attend such

  6  courses, and any other information that describes or assesses

  7  the continuing legal education courses on domestic violence

  8  which are offered by The Florida Bar.

  9         Section 5.  This act shall take effect July 1, 1998.

10

11            *****************************************

12                          SENATE SUMMARY

13    Provides that if a parent of a child in a divorce
      proceeding is convicted of a capital felony or a
14    first-degree felony that involved domestic violence
      against another parent of the child, the court may not
15    award visitation rights to the convicted parent.
      Authorizes the court to make an exception and award
16    visitation rights if the child is 16 years of age or
      older and agrees to the visitation, if the parent acted
17    in self defense in committing the act of domestic
      violence and has been granted clemency or a petition for
18    clemency is pending, or if the court finds extraordinary
      circumstances warrant such visitation. Requires judges
19    who hear cases involving domestic violence to attend
      educational programs on domestic violence. Requires that
20    the Office of State Courts Administrator annually report
      to the Governor and Legislature on the programs and on
21    judges who attend the programs. Requires that The Florida
      Bar report to the Governor, the Supreme Court, and the
22    Legislature on The Florida Bar's continuing legal
      education on domestic violence.
23

24

25

26

27

28

29

30

31

                                  6