Florida Senate - 2021 CS for CS for SB 932
By the Committees on Rules; and Children, Families, and Elder
Affairs; and Senator Wright
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.—
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:
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
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.