Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 250
       
       
       
       
       
       
                                Ì113284)Î113284                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/26/2016           .                                
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       The Committee on Judiciary (Stargel) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (3) of section 61.13, Florida
    6  Statutes, is amended to read:
    7         61.13 Support of children; parenting and time-sharing;
    8  powers of court.—
    9         (3) For purposes of establishing or modifying parental
   10  responsibility and creating, developing, approving, or modifying
   11  a parenting plan, including a time-sharing schedule, which
   12  governs each parent’s relationship with his or her minor child
   13  and the relationship between each parent with regard to his or
   14  her minor child, the best interest of the child shall be the
   15  primary consideration.
   16         (a) Approximately equal time-sharing with a minor child by
   17  both parents is presumed to be in the best interest of the
   18  child. In determining whether the presumption is overcome, the
   19  court shall evaluate the evidence based on A determination of
   20  parental responsibility, a parenting plan, or a time-sharing
   21  schedule may not be modified without a showing of a substantial,
   22  material, and unanticipated change in circumstances and a
   23  determination that the modification is in the best interests of
   24  the child. Determination of the best interests of the child
   25  shall be made by evaluating all of the factors affecting the
   26  welfare and interests of the particular minor child and the
   27  circumstances of that family, including, but not limited to:
   28         1.(a) The demonstrated capacity or and disposition of each
   29  parent to facilitate and encourage a close and continuing
   30  parent-child relationship, to honor the time-sharing schedule,
   31  and to be reasonable when changes are required.
   32         2.(b) The anticipated division of parental responsibilities
   33  after the litigation, including the extent to which parental
   34  responsibilities will be delegated to third parties.
   35         3.(c) The demonstrated capacity and disposition of each
   36  parent to determine, consider, and act upon the needs of the
   37  child as opposed to the needs or desires of the parent.
   38         4.(d) The length of time the child has lived in a stable,
   39  satisfactory environment and the desirability of maintaining
   40  continuity.
   41         5.(e) The geographic viability of the parenting plan, with
   42  special attention paid to the needs of school-age children and
   43  the amount of time to be spent traveling to carry out effectuate
   44  the parenting plan. This factor does not create a presumption
   45  for or against relocation of either parent with a child.
   46         6.(f) The moral fitness of the parents.
   47         7.(g) The mental and physical health of the parents.
   48         8.(h) The home, school, and community record of the child.
   49         9.(i) The reasonable preference of the child, if the court
   50  deems the child to be of sufficient intelligence, understanding,
   51  and experience to express a preference.
   52         10.(j) The demonstrated knowledge, capacity, or and
   53  disposition of each parent to be informed of the circumstances
   54  of the minor child, including, but not limited to, the child’s
   55  friends, teachers, medical care providers, daily activities, and
   56  favorite things.
   57         11.(k) The demonstrated capacity or and disposition of each
   58  parent to provide a consistent routine for the child, such as
   59  discipline, and daily schedules for homework, meals, and
   60  bedtime.
   61         12.(l) The demonstrated capacity of each parent to
   62  communicate with the other parent and keep the other parent
   63  informed of issues and activities regarding the minor child, and
   64  the willingness of each parent to adopt a unified front on all
   65  major issues when dealing with the child.
   66         13.(m) Evidence of domestic violence, sexual violence,
   67  child abuse, child abandonment, or child neglect, regardless of
   68  whether a prior or pending action relating to those issues has
   69  been brought. If the court accepts evidence of prior or pending
   70  actions regarding domestic violence, sexual violence, child
   71  abuse, child abandonment, or child neglect, the court must
   72  specifically acknowledge in writing that such evidence was
   73  considered when evaluating the best interests of the child.
   74         14.(n) Evidence that either parent has knowingly provided
   75  false information to the court regarding any prior or pending
   76  action regarding domestic violence, sexual violence, child
   77  abuse, child abandonment, or child neglect.
   78         15.(o) The demonstrated capacity or disposition of each
   79  parent to perform or ensure the performance of particular
   80  parenting tasks customarily performed by the other each parent
   81  and the division of parental responsibilities before the
   82  institution of litigation and during the pending litigation,
   83  including the extent to which parenting responsibilities were
   84  undertaken by third parties.
   85         16.(p) The demonstrated capacity and disposition of each
   86  parent to participate and be involved in the child’s school and
   87  extracurricular activities.
   88         17.(q) The demonstrated capacity and disposition of each
   89  parent to maintain an environment for the child which is free
   90  from substance abuse.
   91         18.(r) The capacity and disposition of each parent to
   92  protect the child from the ongoing litigation as demonstrated by
   93  not discussing the litigation with the child, not sharing
   94  documents or electronic media related to the litigation with the
   95  child, and refraining from disparaging comments about the other
   96  parent to the child.
   97         19.(s) The developmental stages and needs of the child and
   98  the demonstrated capacity and disposition of each parent to meet
   99  the child’s developmental needs.
  100         20. The amount of time-sharing requested by each parent.
  101         21. The frequency that a parent would likely leave the
  102  child in the care of a nonrelative on evenings and weekends when
  103  the other parent would be available and willing to provide care.
  104         22.(t) Any other factor that is relevant to the
  105  determination of a specific parenting plan, including the time
  106  sharing schedule.
  107         (b) A court order must be supported by written findings of
  108  fact if the order establishes an initial permanent time-sharing
  109  schedule that does not provide for approximately equal time
  110  sharing.
  111         (c) A determination of parental responsibility, a parenting
  112  plan, or a time-sharing schedule may not be modified without a
  113  determination that such modification is in the best interest of
  114  the child and upon a showing of a substantial, material, and
  115  unanticipated change in circumstances.
  116         Section 2. This act shall take effect October, 1, 2016.
  117  
  118  ================= T I T L E  A M E N D M E N T ================
  119  And the title is amended as follows:
  120         Delete everything before the enacting clause
  121  and insert:
  122                        A bill to be entitled                      
  123         An act relating to parenting and time-sharing;
  124         amending s. 61.13, F.S.; creating a presumption that
  125         approximately equal time-sharing by both parents is in
  126         the best interest of the child; revising a finite list
  127         of factors that a court must evaluate when determining
  128         whether the presumption of approximately equal time
  129         sharing is overcome; requiring a court order to be
  130         supported by written findings of fact under certain
  131         circumstances; prohibiting the modification of a
  132         determination of parental responsibility, a parenting
  133         plan, or a time-sharing schedule unless certain
  134         determinations are made; providing an effective date.