Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 718
                                Barcode 316752                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2013           .                                

       The Committee on Judiciary (Lee) recommended the following:
    1         Senate Substitute for Amendment (209714) (with title
    2  amendment)
    4         Between lines 410 and 411
    5  insert:
    6         Section 3. Paragraph (c) of subsection (2) of section
    7  61.13, Florida Statutes, is amended to read:
    8         61.13 Support of children; parenting and time-sharing;
    9  powers of court.—
   10         (2)
   11         (c) The court shall determine all matters relating to
   12  parenting and time-sharing of each minor child of the parties in
   13  accordance with the best interests of the child and in
   14  accordance with the Uniform Child Custody Jurisdiction and
   15  Enforcement Act, except that modification of a parenting plan
   16  and time-sharing schedule requires a showing of a substantial,
   17  material, and unanticipated change of circumstances.
   18         1. It is the public policy of this state that each minor
   19  child has frequent and continuing contact with both parents
   20  after the parents separate or the marriage of the parties is
   21  dissolved and to encourage parents to share the rights and
   22  responsibilities, and joys, of childrearing. There is no
   23  presumption for or against the father or mother of the child or
   24  for or against any specific time-sharing schedule when creating
   25  or modifying the parenting plan of the child. Equal time-sharing
   26  with a minor child by both parents is presumed to be in the best
   27  interests of the child unless the court finds that:
   28         a. The safety, well-being, and physical, mental, and
   29  emotional health of the child would be endangered by equal time
   30  sharing, that visitation would be presumed detrimental
   31  consistent with s. 39.0139(3), or that supervised visitation is
   32  appropriate, if any is appropriate;
   33         b. Clear and convincing evidence of extenuating
   34  circumstances justify a departure from equal time-sharing and
   35  the court makes written findings justifying the departure from
   36  equal time-sharing;
   37         c. A parent is incarcerated;
   38         d. The distance between parental residences makes equal
   39  time-sharing impracticable;
   40         e. A parent does not request at least 50 percent time
   41  sharing;
   42         f. A parent has been convicted of a misdemeanor of the
   43  first degree or higher involving domestic violence; or
   44         g. A parent is subject to an injunction for protection
   45  against domestic violence.
   46         2. The court shall order that the parental responsibility
   47  for a minor child be shared by both parents unless the court
   48  finds that shared parental responsibility would be detrimental
   49  to the child. Evidence that a parent has been convicted of a
   50  misdemeanor of the first degree or higher involving domestic
   51  violence, as defined in s. 741.28 and chapter 775, or meets the
   52  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
   53  detriment to the child. If the presumption is not rebutted after
   54  the convicted parent is advised by the court that the
   55  presumption exists, shared parental responsibility, including
   56  time-sharing with the child, and decisions made regarding the
   57  child, may not be granted to the convicted parent. However, the
   58  convicted parent is not relieved of any obligation to provide
   59  financial support. If the court determines that shared parental
   60  responsibility would be detrimental to the child, it may order
   61  sole parental responsibility and make such arrangements for
   62  time-sharing as specified in the parenting plan as will best
   63  protect the child or abused spouse from further harm. Whether or
   64  not there is a conviction of any offense of domestic violence or
   65  child abuse or the existence of an injunction for protection
   66  against domestic violence, the court shall consider evidence of
   67  domestic violence or child abuse as evidence of detriment to the
   68  child.
   69         a. In ordering shared parental responsibility, the court
   70  may consider the expressed desires of the parents and may grant
   71  to one party the ultimate responsibility over specific aspects
   72  of the child’s welfare or may divide those responsibilities
   73  between the parties based on the best interests of the child.
   74  Areas of responsibility may include education, health care, and
   75  any other responsibilities that the court finds unique to a
   76  particular family.
   77         b. The court shall order sole parental responsibility for a
   78  minor child to one parent, with or without time-sharing with the
   79  other parent if it is in the best interests of the minor child.
   80  3. Access to records and information pertaining to a minor
   81  child, including, but not limited to, medical, dental, and
   82  school records, may not be denied to either parent. Full rights
   83  under this subparagraph apply to either parent unless a court
   84  order specifically revokes these rights, including any
   85  restrictions on these rights as provided in a domestic violence
   86  injunction. A parent having rights under this subparagraph has
   87  the same rights upon request as to form, substance, and manner
   88  of access as are available to the other parent of a child,
   89  including, without limitation, the right to in-person
   90  communication with medical, dental, and education providers.
   91         Section 4. The amendment by this act to s. 61.13, Florida
   92  Statutes, which creates a presumption in favor of equal time
   93  sharing applies prospectively to initial final custody orders
   94  made on or after July 1, 2013. The amendments do not constitute
   95  a substantial change in circumstances which warrant the
   96  modification of a final custody order entered before July 1,
   97  2013.
   99  ================= T I T L E  A M E N D M E N T ================
  100         And the title is amended as follows:
  101         Delete line 28
  102  and insert:
  103         alimony; amending 61.13, F.S.; establishing a
  104         presumption that it is in the best interests of the
  105         child for the court to order equal time-sharing for
  106         each minor child; providing exceptions; amending s.
  107         61.14, F.S.; providing for prospective application of
  108         the presumption in favor of equal time-sharing;
  109         authorizing a party