Florida Senate - 2021                              CS for SB 932
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Wright
       586-02349-21                                           2021932c1
    1                        A bill to be entitled                      
    2         An act relating to minor time-sharing for parent
    3         convicted of or had adjudication withheld for a
    4         specified offense; amending s. 61.13, F.S.;
    5         prohibiting a court from granting time-sharing with a
    6         minor child to a parent under certain circumstances;
    7         providing an exception; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Paragraph (c) of subsection (2) of section
   12  61.13, Florida Statutes, is amended to read:
   13         61.13 Support of children; parenting and time-sharing;
   14  powers of court.—
   15         (2)
   16         (c) The court shall determine all matters relating to
   17  parenting and time-sharing of each minor child of the parties in
   18  accordance with the best interests of the child and in
   19  accordance with the Uniform Child Custody Jurisdiction and
   20  Enforcement Act, except that modification of a parenting plan
   21  and time-sharing schedule requires a showing of a substantial,
   22  material, and unanticipated change of circumstances.
   23         1. It is the public policy of this state that each minor
   24  child has frequent and continuing contact with both parents
   25  after the parents separate or the marriage of the parties is
   26  dissolved and to encourage parents to share the rights and
   27  responsibilities, and joys, of childrearing. There is no
   28  presumption for or against the father or mother of the child or
   29  for or against any specific time-sharing schedule when creating
   30  or modifying the parenting plan of the child.
   31         2. The court shall order that the parental responsibility
   32  for a minor child be shared by both parents unless the court
   33  finds that shared parental responsibility would be detrimental
   34  to the child. Evidence that a parent has been convicted of a
   35  misdemeanor of the first degree or higher involving domestic
   36  violence, as defined in s. 741.28 and chapter 775, or meets the
   37  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
   38  detriment to the child. If the presumption is not rebutted after
   39  the convicted parent is advised by the court that the
   40  presumption exists, shared parental responsibility, including
   41  time-sharing with the child, and decisions made regarding the
   42  child, may not be granted to the convicted parent. However, the
   43  convicted parent is not relieved of any obligation to provide
   44  financial support. If the court determines that shared parental
   45  responsibility would be detrimental to the child, it may order
   46  sole parental responsibility and make such arrangements for
   47  time-sharing as specified in the parenting plan as will best
   48  protect the child or abused spouse from further harm. Whether or
   49  not there is a conviction of any offense of domestic violence or
   50  child abuse or the existence of an injunction for protection
   51  against domestic violence, the court shall consider evidence of
   52  domestic violence or child abuse as evidence of detriment to the
   53  child.
   54         a. In ordering shared parental responsibility, the court
   55  may consider the expressed desires of the parents and may grant
   56  to one party the ultimate responsibility over specific aspects
   57  of the child’s welfare or may divide those responsibilities
   58  between the parties based on the best interests of the child.
   59  Areas of responsibility may include education, health care, and
   60  any other responsibilities that the court finds unique to a
   61  particular family.
   62         b. The court shall order sole parental responsibility for a
   63  minor child to one parent, with or without time-sharing with the
   64  other parent if it is in the best interests of the minor child.
   65         3.a.The court may not grant a parent time-sharing with his
   66  or her minor child if the parent has been convicted of or had
   67  adjudication withheld for an offense enumerated in s.
   68  943.0435(1)(h)1.a. and at the time of the offense:
   69         (I)The parent was 18 years of age or older; and
   70         (II)The victim was under 18 years of age or the parent
   71  believed the victim to be under 18 years of age.
   72         b.Notwithstanding sub-subparagraph a., the court may grant
   73  time-sharing to the parent if the court makes a specific finding
   74  in writing that he or she poses no significant risk of harm to
   75  the child and that time-sharing is in the best interests of the
   76  child.
   77         4.3. Access to records and information pertaining to a
   78  minor child, including, but not limited to, medical, dental, and
   79  school records, may not be denied to either parent. Full rights
   80  under this subparagraph apply to either parent unless a court
   81  order specifically revokes these rights, including any
   82  restrictions on these rights as provided in a domestic violence
   83  injunction. A parent having rights under this subparagraph has
   84  the same rights upon request as to form, substance, and manner
   85  of access as are available to the other parent of a child,
   86  including, without limitation, the right to in-person
   87  communication with medical, dental, and education providers.
   88         Section 2. This act shall take effect July 1, 2021.