CODING: Words stricken are deletions; words underlined are additions.
c1473390
Senate
s1300-98
s1312
2002
AA
670834
Senators Meek, Sanderson and Wise moved the following amendment
to amendment (670834):
On page 3, line 2,
   page 7, line 12,




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1312

    Amendment No. ___   Barcode 473390

                            CHAMBER ACTION
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11  Senators Meek, Sanderson and Wise moved the following

12  amendment to amendment (670834):

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14         Senate Amendment (with title amendment) 

15         On page 3, line 2,  through

16            page 7, line 12, delete those lines

17

18  and insert:

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

20  61.13, Florida Statutes, is amended to read:

21         61.13  Custody and support of children; visitation

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

23         (2)

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

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

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

27  the Uniform Child Custody Jurisdiction and Enforcement Act. It

28  is the public policy of this state to assure that each minor

29  child has frequent and continuing contact with both parents

30  after the parents separate or the marriage of the parties is

31  dissolved and to encourage parents to share the rights and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1312

    Amendment No. ___   Barcode 473390





  1  responsibilities, and joys, of childrearing. After considering

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

  3  same consideration as the mother in determining the primary

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

  5  child.

  6         2.  The court shall order that the parental

  7  responsibility for a minor child be shared by both parents

  8  unless the court finds that shared parental responsibility

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

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

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

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

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

14  presumption is not rebutted, shared parental responsibility,

15  including visitation, residence of the child, and decisions

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

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

18  obligation to provide financial support. If the court

19  determines that shared parental responsibility would be

20  detrimental to the child, it may order sole parental

21  responsibility and make such arrangements for visitation as

22  will best protect the child or abused spouse from further

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

24  domestic violence or child abuse or the existence of an

25  injunction for protection against domestic violence, the court

26  shall consider evidence of domestic violence or child abuse as

27  evidence of detriment to the child.

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 1312

    Amendment No. ___   Barcode 473390





  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. Full

24  rights under this subparagraph apply to either parent unless a

25  court order specifically revokes these rights, including any

26  restrictions on these rights as provided in a domestic

27  violence injunction. A parent having rights under this

28  subparagraph has the same rights upon request as to form,

29  substance, and manner of access as are available to the other

30  parent of a child, including, without limitation, the right to

31  in-person communication with medical, dental, and education

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1312

    Amendment No. ___   Barcode 473390





  1  providers.

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

  5  And the title is amended as follows:

  6         On page 42, lines 12-23, delete those lines

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  8  and insert:

  9         F.S.; conforming a reference; creating ss.

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