Florida Senate - 2021                       CS for CS for SB 932
       By the Committees on Rules; and Children, Families, and Elder
       Affairs; and Senator Wright
       595-03816-21                                           2021932c2
    1                        A bill to be entitled                      
    2         An act relating to parenting and time-sharing of a
    3         minor child for a convicted parent; amending s. 61.13,
    4         F.S.; creating a rebuttable presumption against shared
    5         parental responsibility and time-sharing with a minor
    6         child for certain parents who have been convicted of
    7         or had adjudication withheld for a specified offense;
    8         providing an 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. Except as otherwise
   29  provided in this paragraph, there is no presumption for or
   30  against the father or mother of the child or for or against any
   31  specific time-sharing schedule when creating or modifying the
   32  parenting plan of the child.
   33         2. The court shall order that the parental responsibility
   34  for a minor child be shared by both parents unless the court
   35  finds that shared parental responsibility would be detrimental
   36  to the child. The following evidence creates a rebuttable
   37  presumption of detriment to the child: that
   38         a. A parent has been convicted of a misdemeanor of the
   39  first degree or higher involving domestic violence, as defined
   40  in s. 741.28 and chapter 775;, or
   41         b.A parent meets the criteria of s. 39.806(1)(d); or
   42         c.A parent has been convicted of or had adjudication
   43  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
   44  at the time of the offense:
   45         (I)The parent was 18 years of age or older.
   46         (II)The victim was under 18 years of age or the parent
   47  believed the victim to be under 18 years of age ,creates a
   48  rebuttable presumption of detriment to the child.
   50  If the presumption is not rebutted after the convicted parent is
   51  advised by the court that the presumption exists, shared
   52  parental responsibility, including time-sharing with the child,
   53  and decisions made regarding the child, may not be granted to
   54  the convicted parent. However, the convicted parent is not
   55  relieved of any obligation to provide financial support. If the
   56  court determines that shared parental responsibility would be
   57  detrimental to the child, it may order sole parental
   58  responsibility and make such arrangements for time-sharing as
   59  specified in the parenting plan as will best protect the child
   60  or abused spouse from further harm. Whether or not there is a
   61  conviction of any offense of domestic violence or child abuse or
   62  the existence of an injunction for protection against domestic
   63  violence, the court shall consider evidence of domestic violence
   64  or child abuse as evidence of detriment to the child.
   65         3.a. In ordering shared parental responsibility, the court
   66  may consider the expressed desires of the parents and may grant
   67  to one party the ultimate responsibility over specific aspects
   68  of the child’s welfare or may divide those responsibilities
   69  between the parties based on the best interests of the child.
   70  Areas of responsibility may include education, health care, and
   71  any other responsibilities that the court finds unique to a
   72  particular family.
   73         4.b. The court shall order sole parental responsibility for
   74  a minor child to one parent, with or without time-sharing with
   75  the other parent if it is in the best interests of the minor
   76  child.
   77         5.There is a rebuttable presumption against granting time
   78  sharing with a minor child if a parent has been convicted of or
   79  had adjudication withheld for an offense enumerated in s.
   80  943.0435(1)(h)1.a., and at the time of the offense:
   81         a.The parent was 18 years of age or older.
   82         b.The victim was under 18 years of age or the parent
   83  believed the victim to be under 18 years of age.
   85  A parent may rebut the presumption upon a specific finding in
   86  writing by the court that the parent poses no significant risk
   87  of harm to the child and that time-sharing is in the best
   88  interests of the minor child. If the presumption is rebutted,
   89  the court shall consider all time-sharing factors in subsection
   90  (3) when developing a time-sharing schedule.
   91         6.3. Access to records and information pertaining to a
   92  minor child, including, but not limited to, medical, dental, and
   93  school records, may not be denied to either parent. Full rights
   94  under this subparagraph apply to either parent unless a court
   95  order specifically revokes these rights, including any
   96  restrictions on these rights as provided in a domestic violence
   97  injunction. A parent having rights under this subparagraph has
   98  the same rights upon request as to form, substance, and manner
   99  of access as are available to the other parent of a child,
  100  including, without limitation, the right to in-person
  101  communication with medical, dental, and education providers.
  102         Section 2. This act shall take effect July 1, 2021.