HB 1315

1
A bill to be entitled
2An act relating to child custody and visitation; amending
3s. 61.13, F.S.; revising the application of a rebuttable
4presumption that a parent is a detriment to his or her
5child if he or she is convicted of a crime involving
6domestic violence from a felony of the third degree or
7higher to a misdemeanor of the first degree or higher;
8requiring a court to make explicit written findings that,
9when determining the best interests of a child for the
10purposes of shared parental responsibility and visitation,
11the court considered evidence of domestic violence and
12child abuse; amending ss. 61.1827 and 409.2579, F.S.;
13conforming cross-references; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraph (b) of subsection (2) and paragraph
18(l) of subsection (3) of section 61.13, Florida Statutes, are
19amended, present subsections (4) through (9) of that section are
20redesignated as subsections (5) through (10), respectively, and
21a new subsection (4) is added to that section, to read:
22     61.13  Custody and support of children; visitation rights;
23power of court in making orders.--
24     (2)
25     (b)1.  The court shall determine all matters relating to
26custody of each minor child of the parties in accordance with
27the best interests of the child and in accordance with the
28Uniform Child Custody Jurisdiction and Enforcement Act. It is
29the public policy of this state to assure that each minor child
30has frequent and continuing contact with both parents after the
31parents separate or the marriage of the parties is dissolved and
32to encourage parents to share the rights and responsibilities,
33and joys, of childrearing. After considering all relevant facts,
34the father of the child shall be given the same consideration as
35the mother in determining the primary residence of a child
36irrespective of the age or sex of the child.
37     2.  The court shall order that the parental responsibility
38for a minor child be shared by both parents unless the court
39finds that shared parental responsibility would be detrimental
40to the child. Evidence that a parent has been convicted of a
41misdemeanor felony of the first third degree or higher involving
42domestic violence, as defined in s. 741.28 and chapter 775, or
43meets the criteria of s. 39.806(1)(d), creates a rebuttable
44presumption of detriment to the child. If the presumption is not
45rebutted, shared parental responsibility, including visitation,
46residence of the child, and decisions made regarding the child,
47may not be granted to the convicted parent. However, the
48convicted parent is not relieved of any obligation to provide
49financial support. If the court determines that shared parental
50responsibility would be detrimental to the child, it may order
51sole parental responsibility and make such arrangements for
52visitation as will best protect the child or abused spouse from
53further harm. Whether or not there is a conviction of any
54offense of domestic violence or child abuse or the existence of
55an injunction for protection against domestic violence, the
56court shall consider evidence of domestic violence or child
57abuse as evidence of detriment to the child.
58     a.  In ordering shared parental responsibility, the court
59may consider the expressed desires of the parents and may grant
60to one party the ultimate responsibility over specific aspects
61of the child's welfare or may divide those responsibilities
62between the parties based on the best interests of the child.
63Areas of responsibility may include primary residence,
64education, medical and dental care, and any other
65responsibilities that the court finds unique to a particular
66family.
67     b.  The court shall order "sole parental responsibility,
68with or without visitation rights, to the other parent when it
69is in the best interests of" the minor child.
70     3.  Access to records and information pertaining to a minor
71child, including, but not limited to, medical, dental, and
72school records, may not be denied to a parent because the parent
73is not the child's primary residential parent. Full rights under
74this subparagraph apply to either parent unless a court order
75specifically revokes these rights, including any restrictions on
76these rights as provided in a domestic violence injunction. A
77parent having rights under this subparagraph has the same rights
78upon request as to form, substance, and manner of access as are
79available to the other parent of a child, including, without
80limitation, the right to in-person communication with medical,
81dental, and education providers.
82     (3)  For purposes of shared parental responsibility and
83primary residence, the best interests of the child, shall
84include an evaluation of all factors affecting the welfare and
85interests of the child, including, but not limited to:
86     (l)  Evidence of domestic violence or child abuse,
87including convictions, arrests, and attempts to obtain
88injunctions for protection and other complaints.
89     (4)  For purposes of shared parental responsibility and
90visitation, the court shall make explicit written findings that,
91when considering the best interests of the child, the court
92specifically considered evidence of domestic violence and child
93abuse as required by paragraph (3)(l).
94     Section 2.  Paragraph (b) of subsection (1) of section
9561.1827, Florida Statutes, is amended to read:
96     61.1827  Identifying information concerning applicants for
97and recipients of child support services.--
98     (1)  Any information that reveals the identity of
99applicants for or recipients of child support services,
100including the name, address, and telephone number of such
101persons, held by a non-Title IV-D county child support
102enforcement agency is confidential and exempt from s. 119.07(1)
103and s. 24(a) of Art. I of the State Constitution. The use or
104disclosure of such information by the non-Title IV-D county
105child support enforcement agency is limited to the purposes
106directly connected with:
107     (b)  Mandatory disclosure of identifying and location
108information as provided in s. 61.13(9)(8) by the non-Title IV-D
109county child support enforcement agency when providing non-Title
110IV-D services;
111     Section 3.  Paragraph (e) of subsection (1) of section
112409.2579, Florida Statutes, is amended to read:
113     409.2579  Safeguarding Title IV-D case file information.--
114     (1)  Information concerning applicants for or recipients of
115Title IV-D child support services is confidential and exempt
116from the provisions of s. 119.07(1). The use or disclosure of
117such information by the IV-D program is limited to purposes
118directly connected with:
119     (e)  Mandatory disclosure of identifying and location
120information as provided in s. 61.13(9)(8) by the IV-D program
121when providing Title IV-D services.
122     Section 4.  This act shall take effect July 1, 2008.


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