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.