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.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
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.