Florida Senate - 2025 SB 1484 By Senator Berman 26-01877-25 20251484__ 1 A bill to be entitled 2 An act relating to family law proceedings; amending s. 3 61.052, F.S.; requiring that a court reporter 4 transcribe or an audio recording be made of certain 5 proceedings in certain disputes; providing that such 6 transcription or recording is admissible as evidence 7 for appellate review; authorizing either party in a 8 dissolution of marriage proceeding to demand a jury 9 trial; amending s. 61.13, F.S.; requiring the court to 10 make certain written findings in proceedings in which 11 certain allegations are made if the party against whom 12 such allegations were made retains parental 13 responsibility; creating a pilot project in a 14 specified judicial circuit for specified purposes; 15 providing the duration of the program; requiring the 16 chief judge of the circuit to submit a report 17 containing certain information and recommendations to 18 the Governor and the Legislature by a specified date; 19 providing an effective date. 20 21 WHEREAS, the Legislature finds that requiring the presence 22 of a court reporter would stabilize the record in certain family 23 law proceedings and facilitate appellate review, and 24 WHEREAS, the Legislature further finds that requiring a 25 specific finding by a judge concerning allegations of abuse 26 helps assure litigants that their voices are heard and the law 27 as written has been considered and applied, and 28 WHEREAS, the Legislature further finds that requiring 29 specific written findings concerning abuse allegations promotes 30 speedy appellate review of such rulings, NOW, THEREFORE, 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1. Subsections (9) and (10) are added to section 35 61.052, Florida Statutes, to read: 36 61.052 Dissolution of marriage.— 37 (9) In all disputes involving allegations of abuse or 38 neglect of children: 39 (a) A court reporter shall transcribe all hearings, 40 testimony, trials, and rulings from the bench; or 41 (b) An audio recording shall be made of all such hearings, 42 testimony, trials, and rulings from the bench, 43 44 which transcription or recording is admissible as evidence to 45 facilitate appellate review. 46 (10) In an action for dissolution of marriage, either party 47 may demand a jury trial. 48 Section 2. Paragraph (c) of subsection (2) of section 49 61.13, Florida Statutes, is amended to read: 50 61.13 Support of children; parenting and time-sharing; 51 powers of court.— 52 (2) 53 (c) The court shall determine all matters relating to 54 parenting and time-sharing of each minor child of the parties in 55 accordance with the best interests of the child and in 56 accordance with the Uniform Child Custody Jurisdiction and 57 Enforcement Act, except that modification of a parenting plan 58 and time-sharing schedule requires a showing of a substantial 59 and material change of circumstances. 60 1. It is the public policy of this state that each minor 61 child has frequent and continuing contact with both parents 62 after the parents separate or the marriage of the parties is 63 dissolved and to encourage parents to share the rights and 64 responsibilities, and joys, of childrearing. Unless otherwise 65 provided in this section or agreed to by the parties, there is a 66 rebuttable presumption that equal time-sharing of a minor child 67 is in the best interests of the minor child. To rebut this 68 presumption, a party must prove by a preponderance of the 69 evidence that equal time-sharing is not in the best interests of 70 the minor child. Except when a time-sharing schedule is agreed 71 to by the parties and approved by the court, the court must 72 evaluate all of the factors set forth in subsection (3) and make 73 specific written findings of fact when creating or modifying a 74 time-sharing schedule. 75 2. The court shall order that the parental responsibility 76 for a minor child be shared by both parents unless the court 77 finds that shared parental responsibility would be detrimental 78 to the child. In determining detriment to the child, the court 79 shall consider: 80 a. Evidence of domestic violence, as defined in s. 741.28; 81 b. Whether either parent has or has had reasonable cause to 82 believe that he or she or his or her minor child or children are 83 or have been in imminent danger of becoming victims of an act of 84 domestic violence as defined in s. 741.28 or sexual violence as 85 defined in s. 784.046(1)(c) by the other parent against the 86 parent or against the child or children whom the parents share 87 in common regardless of whether a cause of action has been 88 brought or is currently pending in the court; 89 c. Whether either parent has or has had reasonable cause to 90 believe that his or her minor child or children are or have been 91 in imminent danger of becoming victims of an act of abuse, 92 abandonment, or neglect, as those terms are defined in s. 39.01, 93 by the other parent against the child or children whom the 94 parents share in common regardless of whether a cause of action 95 has been brought or is currently pending in the court; and 96 d. Any other relevant factors. 97 98 In any proceeding in which allegations under this subparagraph 99 are made, the court shall make specific written findings 100 concerning the allegations if the judge finds that the parent 101 against whom such allegations were made is to have any parental 102 responsibility for the child. 103 3. The following evidence creates a rebuttable presumption 104 that shared parental responsibility is detrimental to the child: 105 a. A parent has been convicted of a misdemeanor of the 106 first degree or higher involving domestic violence, as defined 107 in s. 741.28 and chapter 775; 108 b. A parent meets the criteria of s. 39.806(1)(d); or 109 c. A parent has been convicted of or had adjudication 110 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 111 at the time of the offense: 112 (I) The parent was 18 years of age or older. 113 (II) The victim was under 18 years of age or the parent 114 believed the victim to be under 18 years of age. 115 116 If the presumption is not rebutted after the convicted parent is 117 advised by the court that the presumption exists, shared 118 parental responsibility, including time-sharing with the child, 119 and decisions made regarding the child, may not be granted to 120 the convicted parent. However, the convicted parent is not 121 relieved of any obligation to provide financial support. If the 122 court determines that shared parental responsibility would be 123 detrimental to the child, it may order sole parental 124 responsibility and make such arrangements for time-sharing as 125 specified in the parenting plan as will best protect the child 126 or abused spouse from further harm. Whether or not there is a 127 conviction of any offense of domestic violence or child abuse or 128 the existence of an injunction for protection against domestic 129 violence, the court shall consider evidence of domestic violence 130 or child abuse as evidence of detriment to the child. 131 4. In ordering shared parental responsibility, the court 132 may consider the expressed desires of the parents and may grant 133 to one party the ultimate responsibility over specific aspects 134 of the child’s welfare or may divide those responsibilities 135 between the parties based on the best interests of the child. 136 Areas of responsibility may include education, health care, and 137 any other responsibilities that the court finds unique to a 138 particular family. 139 5. The court shall order sole parental responsibility for a 140 minor child to one parent, with or without time-sharing with the 141 other parent if it is in the best interests of the minor child. 142 6. There is a rebuttable presumption against granting time 143 sharing with a minor child if a parent has been convicted of or 144 had adjudication withheld for an offense enumerated in s. 145 943.0435(1)(h)1.a., and at the time of the offense: 146 a. The parent was 18 years of age or older. 147 b. The victim was under 18 years of age or the parent 148 believed the victim to be under 18 years of age. 149 150 A parent may rebut the presumption upon a specific finding in 151 writing by the court that the parent poses no significant risk 152 of harm to the child and that time-sharing is in the best 153 interests of the minor child. If the presumption is rebutted, 154 the court must consider all time-sharing factors in subsection 155 (3) when developing a time-sharing schedule. 156 7. Access to records and information pertaining to a minor 157 child, including, but not limited to, medical, dental, and 158 school records, may not be denied to either parent. Full rights 159 under this subparagraph apply to either parent unless a court 160 order specifically revokes these rights, including any 161 restrictions on these rights as provided in a domestic violence 162 injunction. A parent having rights under this subparagraph has 163 the same rights upon request as to form, substance, and manner 164 of access as are available to the other parent of a child, 165 including, without limitation, the right to in-person 166 communication with medical, dental, and education providers. 167 Section 3. There is created a pilot project for forensic 168 social workers in the Thirteenth Judicial Circuit. The forensic 169 social workers shall be provided evidence-based resources as 170 directed by the chief judge of the circuit for an expanded 171 family law civil division to provide education to families in 172 domestic relations matters, connect litigants with resources to 173 promote the best interests of children in domestic relations 174 cases, and assist judges in facilitating the speedy resolution 175 of cases. The program shall run from July 1, 2025, through June 176 30, 2026. No later than December 31, 2026, the chief judge of 177 the circuit shall submit to the Governor, the President of the 178 Senate, and the Speaker of the House of Representatives a report 179 concerning the results of the program and containing any 180 recommendations for expansion of such educational programs 181 statewide. 182 Section 4. This act shall take effect July 1, 2025.