Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 718
                                Barcode 209714                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/13/2013           .                                

       The Committee on Judiciary (Lee) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 410 and 411
    4  insert:
    5         Section 3. Paragraph (c) of subsection (2) of section
    6  61.13, Florida Statutes, is amended to read:
    7         61.13 Support of children; parenting and time-sharing;
    8  powers of court.—
    9         (2)
   10         (c) The court shall determine all matters relating to
   11  parenting and time-sharing of each minor child of the parties in
   12  accordance with the best interests of the child and in
   13  accordance with the Uniform Child Custody Jurisdiction and
   14  Enforcement Act, except that modification of a parenting plan
   15  and time-sharing schedule requires a showing of a substantial,
   16  material, and unanticipated change of circumstances.
   17         1. It is the public policy of this state that each minor
   18  child has frequent and continuing contact with both parents
   19  after the parents separate or the marriage of the parties is
   20  dissolved and to encourage parents to share the rights and
   21  responsibilities, and joys, of childrearing. There is no
   22  presumption for or against the father or mother of the child or
   23  for or against any specific time-sharing schedule when creating
   24  or modifying the parenting plan of the child. Equal time-sharing
   25  with a minor child by both parents is presumed to be in the best
   26  interests of the child unless the court finds that a parent is
   27  unfit, that the distance between parental residences makes equal
   28  time-sharing impracticable, or that a parent does not request at
   29  least 50 percent time-sharing.
   30         2. The court shall order that the parental responsibility
   31  for a minor child be shared by both parents unless the court
   32  finds that shared parental responsibility would be detrimental
   33  to the child. Evidence that a parent has been convicted of a
   34  misdemeanor of the first degree or higher involving domestic
   35  violence, as defined in s. 741.28 and chapter 775, or meets the
   36  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
   37  detriment to the child. If the presumption is not rebutted after
   38  the convicted parent is advised by the court that the
   39  presumption exists, shared parental responsibility, including
   40  time-sharing with the child, and decisions made regarding the
   41  child, may not be granted to the convicted parent. However, the
   42  convicted parent is not relieved of any obligation to provide
   43  financial support. If the court determines that shared parental
   44  responsibility would be detrimental to the child, it may order
   45  sole parental responsibility and make such arrangements for
   46  time-sharing as specified in the parenting plan as will best
   47  protect the child or abused spouse from further harm. Whether or
   48  not there is a conviction of any offense of domestic violence or
   49  child abuse or the existence of an injunction for protection
   50  against domestic violence, the court shall consider evidence of
   51  domestic violence or child abuse as evidence of detriment to the
   52  child.
   53         a. In ordering shared parental responsibility, the court
   54  may consider the expressed desires of the parents and may grant
   55  to one party the ultimate responsibility over specific aspects
   56  of the child’s welfare or may divide those responsibilities
   57  between the parties based on the best interests of the child.
   58  Areas of responsibility may include education, health care, and
   59  any other responsibilities that the court finds unique to a
   60  particular family.
   61         b. The court shall order sole parental responsibility for a
   62  minor child to one parent, with or without time-sharing with the
   63  other parent if it is in the best interests of the minor child.
   64  3. Access to records and information pertaining to a minor
   65  child, including, but not limited to, medical, dental, and
   66  school records, may not be denied to either parent. Full rights
   67  under this subparagraph apply to either parent unless a court
   68  order specifically revokes these rights, including any
   69  restrictions on these rights as provided in a domestic violence
   70  injunction. A parent having rights under this subparagraph has
   71  the same rights upon request as to form, substance, and manner
   72  of access as are available to the other parent of a child,
   73  including, without limitation, the right to in-person
   74  communication with medical, dental, and education providers.
   75         Section 4. The amendments by this act to s. 61.13, Florida
   76  Statutes, which create a presumption in favor of equal time
   77  sharing apply prospectively to initial final custody orders made
   78  on or after July 1, 2013. The amendments do not constitute a
   79  substantial change in circumstances which warrant the
   80  modification of a final custody order entered before July 1,
   81  2013.
   83  ================= T I T L E  A M E N D M E N T ================
   84         And the title is amended as follows:
   85         Delete line 28
   86  and insert:
   87         alimony; amending 61.13, F.S.; establishing a
   88         presumption that it is in the best interests of the
   89         child for the court to order equal time-sharing for
   90         each minor child; providing exceptions; amending s.
   91         61.14, F.S.; providing for prospective application of
   92         the presumption in favor of equal time-sharing;
   93         authorizing a party