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.