House Bill 0447

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    Florida House of Representatives - 1999                 HB 447

        By Representative Lynn






  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. 39.902, F.S.; conforming certain

23         definitions; amending s. 44.102, F.S.;

24         providing for nonreferral of a case to

25         court-ordered family mediation upon the court's

26         own motion, under specified circumstances;

27         amending s. 61.13, F.S.; prohibiting the court

28         from awarding visitation rights to a parent who

29         has been convicted of a capital felony or a

30         first-degree felony that involved domestic

31         violence; providing certain exceptions;

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    Florida House of Representatives - 1999                 HB 447

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  1         amending ss. 39.902 and 943.171, F.S.;

  2         conforming certain definitions; requiring that

  3         the Supreme Court through The Florida Bar

  4         annually report to the Governor and Legislature

  5         on its courses of continuing legal education on

  6         domestic violence; providing an effective date.

  7

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

  9

10         Section 1.  Section 25.385, Florida Statutes, is

11  amended to read:

12         25.385  Instruction for circuit and county court judges

13  in domestic violence Standards for instruction of circuit and

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

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

16  administration of justice in this state that all members of

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

18  Florida Court Educational Council shall establish standards

19  for domestic violence instruction and a comprehensive

20  education plan to ensure that each circuit and county court

21  judge who has responsibility for cases of domestic violence

22  has the opportunity to attend educational programs on a

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

24  court judges who have responsibility for domestic violence

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

26  periodic and timely basis.

27         (2)  As used in this section:

28         (a)  The term "domestic violence" has the same meaning

29  as provided in s. 741.28 means any assault, battery, sexual

30  assault, sexual battery, or any criminal offense resulting in

31  physical injury or death of one family or household member by

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    Florida House of Representatives - 1999                 HB 447

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  1  another, who is or was residing in the same single dwelling

  2  unit.

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

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

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

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

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

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

  9  probate, or juvenile divisions Family or household member"

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

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

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

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

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

15  time.

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

17  develop and make available educational tools for instruction

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

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

20  or presented materials the council deems appropriate, so that

21  judges can obtain information timely and efficiently before

22  hearing cases where domestic violence may be involved.

23         (b)  The Florida Court Education Council shall develop

24  educational programs on domestic violence, which must include

25  training in: laws governing domestic violence; prevalence of

26  domestic violence; characteristics and impacts of domestic

27  violence on children or other dependents; custody and

28  visitation issues; issues of whether, and under what

29  conditions, mediation is appropriate; information on community

30  resources and referral services; and any other information

31  that the council deems appropriate. The educational programs

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

  2  State Courts Administrator.

  3         (4)  The Office of State Courts Administrator shall

  4  maintain records, including the date and curriculum of the

  5  programs, of all judges who attend educational programs on

  6  domestic violence, and of the current assignment of each

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

  8  public inspection.

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

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

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

12  description of the types of educational programs on domestic

13  violence offered, course materials, learning objectives, the

14  references and the names and credentials of instructors, the

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

16  educational programs, and any other information that is

17  relevant to a full description of the educational programs on

18  domestic violence.

19         Section 2.  Subsections (1) and (3) of section 39.902,

20  Florida Statutes, 1998 Supplement, are amended to read:

21         39.902  Definitions.--As used in this part, the term:

22         (1)  "Domestic violence" has the same meaning as

23  provided in s. 741.28 means any assault, battery, sexual

24  assault, sexual battery, or any criminal offense resulting in

25  physical injury or death of one family or household member by

26  another who is or was residing in the same single dwelling

27  unit.

28         (3)  "Family or household member" has the same meaning

29  as provided in s. 741.28 means spouses, former spouses, adults

30  related by blood or marriage, persons who are presently

31  residing together as if a family or who have resided together

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    Florida House of Representatives - 1999                 HB 447

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  1  in the past as if a family, and persons who have a child in

  2  common regardless of whether they have been married or have

  3  resided together at any time.

  4         Section 3.  Paragraph (b) of subsection (2) of section

  5  44.102, Florida Statutes, is amended to read:

  6         44.102  Court-ordered mediation.--

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

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

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

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

11  or other parental responsibility issues as defined in s.

12  61.13. Upon motion or request of a party, or upon the court's

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

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

15  would compromise the mediation process.

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

17  61.13, Florida Statutes, 1998 Supplement, is amended to read:

18         61.13  Custody and support of children; visitation

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

20         (2)

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

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

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

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

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

26  frequent and continuing contact with both parents after the

27  parents separate or the marriage of the parties is dissolved

28  and to encourage parents to share the rights and

29  responsibilities, and joys, of childrearing. After considering

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

31  same consideration as the mother in determining the primary

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

  2  child.

  3         2.  The court shall order that the parental

  4  responsibility for a minor child be shared by both parents

  5  unless the court finds that shared parental responsibility

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

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

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

  9  chapter 775, or meets the criteria of s. 39.806(1)(d), creates

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

11  presumption is not rebutted, shared parental responsibility,

12  including visitation, residence of the child, and decisions

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

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

15  obligation to provide financial support. If the court

16  determines that shared parental responsibility would be

17  detrimental to the child, it may order sole parental

18  responsibility and make such arrangements for visitation as

19  will best protect the child or abused spouse from further

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

21  domestic violence or child abuse or the existence of an

22  injunction for protection against domestic violence, the court

23  shall consider evidence of domestic violence or child abuse as

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

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

26  degree which involved domestic violence against another parent

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

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

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

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

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

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    Florida House of Representatives - 1999                 HB 447

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  1  behalf; or unless the court finds that visitation is in the

  2  manifest best interests of the child.

  3         a.  In ordering shared parental responsibility, the

  4  court may consider the expressed desires of the parents and

  5  may grant to one party the ultimate responsibility over

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

  7  responsibilities between the parties based on the best

  8  interests of the child. Areas of responsibility may include

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

10  other responsibilities that the court finds unique to a

11  particular family.

12         b.  The court shall order "sole parental

13  responsibility, with or without visitation rights, to the

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

15  child.

16         c.  The court may award the grandparents visitation

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

18  interest. Grandparents have legal standing to seek judicial

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

20  that grandparents be made parties or given notice of

21  dissolution pleadings or proceedings, nor do grandparents have

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

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

24  jurisdiction of the court solely for the purpose of permitting

25  visitation by the grandparents.

26         3.  Access to records and information pertaining to a

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

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

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

30         Section 5.  Subsection (2) of section 943.171, Florida

31  Statutes, is amended to read:

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    Florida House of Representatives - 1999                 HB 447

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  1         943.171  Basic skills training in handling domestic

  2  violence cases.--

  3         (2)  As used in this section, the term:

  4         (a)  "Domestic violence" has the same meaning as

  5  provided in s. 741.28 means any assault, battery, sexual

  6  assault, sexual battery, or any criminal offense resulting in

  7  the physical injury or death of one family or household member

  8  by another who is or was residing in the same single dwelling

  9  unit.

10         (b)  "Family or household member" has the same meaning

11  as provided in s. 741.28 means spouse, former spouse, persons

12  related by blood or marriage, persons who are presently

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

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

15  child in common regardless of whether they have been married

16  or have resided together at any time.

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

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

19  the Speaker of the House of Representatives on the courses

20  which in their brochure outline contain reference to domestic

21  violence and which The Florida Bar approves for continuing

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

23  report must be submitted annually, beginning September 1,

24  1998. For courses offered or sponsored by The Florida Bar, the

25  report must include course materials; references and names of

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

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

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

29  any other information that describes or assesses the

30  continuing legal education courses on domestic violence which

31  are offered by The Florida Bar.

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  1         Section 7.  This act shall take effect July 1, 1999.

  2

  3            *****************************************

  4                          HOUSE SUMMARY

  5
      Provides for instruction for circuit and county judges in
  6    domestic violence cases. Redefines the term "domestic
      violence" for purposes of training provided by the
  7    Florida Court Educational Council and revises duties of
      the council. Provides for a comprehensive domestic
  8    violence education plan and tools and requires the
      council to develop educational programs on domestic
  9    violence. Provides for maintenance by the Office of the
      State Courts Administrator of records of judicial
10    attendance of such programs. Requires inclusion of
      specified information with respect to the programs in the
11    annual report by the council to the Governor and
      Legislature. Prohibits a court from awarding visitation
12    rights to a parent who has been convicted of a capital
      felony or a first-degree felony that involved domestic
13    violence. Requires the Supreme Court to annually report
      to the Governor and Legislature on its courses of
14    continuing legal education on domestic violence. See bill
      for details.
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