Florida Senate - 2021                                     SB 932
       By Senator Wright
       14-00989-21                                            2021932__
    1                        A bill to be entitled                      
    2         An act relating to minor time-sharing for registered
    3         sexual offenders and sexual predators; amending s.
    4         61.13, F.S.; prohibiting a court from granting time
    5         sharing with a minor child to a parent registered as a
    6         sexual offender or sexual predator under certain
    7         circumstances; providing an exception; providing an
    8         effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Paragraph (c) of subsection (2) of section
   13  61.13, Florida Statutes, is amended to read:
   14         61.13 Support of children; parenting and time-sharing;
   15  powers of court.—
   16         (2)
   17         (c) The court shall determine all matters relating to
   18  parenting and time-sharing of each minor child of the parties in
   19  accordance with the best interests of the child and in
   20  accordance with the Uniform Child Custody Jurisdiction and
   21  Enforcement Act, except that modification of a parenting plan
   22  and time-sharing schedule requires a showing of a substantial,
   23  material, and unanticipated change of circumstances.
   24         1. It is the public policy of this state that each minor
   25  child has frequent and continuing contact with both parents
   26  after the parents separate or the marriage of the parties is
   27  dissolved and to encourage parents to share the rights and
   28  responsibilities, and joys, of childrearing. There is no
   29  presumption for or against the father or mother of the child or
   30  for or against any specific time-sharing schedule when creating
   31  or modifying the parenting plan of the child.
   32         2. The court shall order that the parental responsibility
   33  for a minor child be shared by both parents unless the court
   34  finds that shared parental responsibility would be detrimental
   35  to the child. Evidence that a parent has been convicted of a
   36  misdemeanor of the first degree or higher involving domestic
   37  violence, as defined in s. 741.28 and chapter 775, or meets the
   38  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
   39  detriment to the child. If the presumption is not rebutted after
   40  the convicted parent is advised by the court that the
   41  presumption exists, shared parental responsibility, including
   42  time-sharing with the child, and decisions made regarding the
   43  child, may not be granted to the convicted parent. However, the
   44  convicted parent is not relieved of any obligation to provide
   45  financial support. If the court determines that shared parental
   46  responsibility would be detrimental to the child, it may order
   47  sole parental responsibility and make such arrangements for
   48  time-sharing as specified in the parenting plan as will best
   49  protect the child or abused spouse from further harm. Whether or
   50  not there is a conviction of any offense of domestic violence or
   51  child abuse or the existence of an injunction for protection
   52  against domestic violence, the court shall consider evidence of
   53  domestic violence or child abuse as evidence of detriment to the
   54  child.
   55         a. In ordering shared parental responsibility, the court
   56  may consider the expressed desires of the parents and may grant
   57  to one party the ultimate responsibility over specific aspects
   58  of the child’s welfare or may divide those responsibilities
   59  between the parties based on the best interests of the child.
   60  Areas of responsibility may include education, health care, and
   61  any other responsibilities that the court finds unique to a
   62  particular family.
   63         b. The court shall order sole parental responsibility for a
   64  minor child to one parent, with or without time-sharing with the
   65  other parent if it is in the best interests of the minor child.
   66         3.a.The court may not grant a parent time-sharing with a
   67  minor child if the parent is required to register as a sexual
   68  offender under s. 943.0435 or a sexual predator under s. 775.21
   69  and at the time of the offense for which the parent had to
   70  register:
   71         (I)The registrant was 18 years of age or older; and
   72         (II)The victim was under 18 years of age or the registrant
   73  believed the victim to be under 18 years of age.
   74         b.Notwithstanding sub-subparagraph a., the court may grant
   75  time-sharing to the registrant if the court makes a specific
   76  finding in writing that the registrant poses no significant risk
   77  of harm to the child and that time-sharing is in the best
   78  interests of the child.
   79         4.3. Access to records and information pertaining to a
   80  minor child, including, but not limited to, medical, dental, and
   81  school records, may not be denied to either parent. Full rights
   82  under this subparagraph apply to either parent unless a court
   83  order specifically revokes these rights, including any
   84  restrictions on these rights as provided in a domestic violence
   85  injunction. A parent having rights under this subparagraph has
   86  the same rights upon request as to form, substance, and manner
   87  of access as are available to the other parent of a child,
   88  including, without limitation, the right to in-person
   89  communication with medical, dental, and education providers.
   90         Section 2. This act shall take effect July 1, 2021.