Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 668
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2016           .                                

       The Committee on Appropriations (Lee) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 469 - 637
    4  and insert:
    5         Section 3. Paragraph (c) of subsection (2) and subsection
    6  (3) of section 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. In establishing a parenting plan and time-sharing
   18  schedule, the court shall begin with the premise that a minor
   19  child should spend approximately equal amounts of time with each
   20  parent. Using this premise as a starting point, the court shall
   21  formulate a parenting plan and time-sharing schedule taking into
   22  account the best interest of the child after considering all of
   23  the relevant factors in subsection (3). It is the public policy
   24  of this state that each minor child has frequent and continuing
   25  contact with both parents after the parents separate or the
   26  marriage of the parties is dissolved and to encourage parents to
   27  share the rights and responsibilities, and joys, of
   28  childrearing. There is no presumption for or against the father
   29  or mother of the child or for or against any specific time
   30  sharing schedule when creating or modifying the parenting plan
   31  of the child.
   32         2. The court shall order that the parental responsibility
   33  for a minor child be shared by both parents unless the court
   34  finds that shared parental responsibility would be detrimental
   35  to the child. Evidence that a parent has been convicted of a
   36  misdemeanor of the first degree or higher involving domestic
   37  violence, as defined in s. 741.28 and chapter 775, or meets the
   38  criteria of s. 39.806(1)(d), creates a rebuttable presumption of
   39  detriment to the child. If the presumption is not rebutted after
   40  the convicted parent is advised by the court that the
   41  presumption exists, shared parental responsibility, including
   42  time-sharing with the child, and decisions made regarding the
   43  child, may not be granted to the convicted parent. However, the
   44  convicted parent is not relieved of any obligation to provide
   45  financial support. If the court determines that shared parental
   46  responsibility would be detrimental to the child, it may order
   47  sole parental responsibility and make such arrangements for
   48  time-sharing as specified in the parenting plan as will best
   49  protect the child or abused spouse from further harm. Whether or
   50  not there is a conviction of any offense of domestic violence or
   51  child abuse or the existence of an injunction for protection
   52  against domestic violence, the court shall consider evidence of
   53  domestic violence or child abuse as evidence of detriment to the
   54  child.
   55         a. In ordering shared parental responsibility, the court
   56  may consider the expressed desires of the parents and may grant
   57  to one party the ultimate responsibility over specific aspects
   58  of the child’s welfare or may divide those responsibilities
   59  between the parties based on the best interests of the child.
   60  Areas of responsibility may include education, health care, and
   61  any other responsibilities that the court finds unique to a
   62  particular family.
   63         b. The court shall order sole parental responsibility for a
   64  minor child to one parent, with or without time-sharing with the
   65  other parent if it is in the best interests of the minor child.
   66         3. Access to records and information pertaining to a minor
   67  child, including, but not limited to, medical, dental, and
   68  school records, may not be denied to either parent. Full rights
   69  under this subparagraph apply to either parent unless a court
   70  order specifically revokes these rights, including any
   71  restrictions on these rights as provided in a domestic violence
   72  injunction. A parent having rights under this subparagraph has
   73  the same rights upon request as to form, substance, and manner
   74  of access as are available to the other parent of a child,
   75  including, without limitation, the right to in-person
   76  communication with medical, dental, and education providers.
   77         (3) For purposes of establishing or modifying parental
   78  responsibility and creating, developing, approving, or modifying
   79  a parenting plan, including a time-sharing schedule, which
   80  governs each parent’s relationship with his or her minor child
   81  and the relationship between each parent with regard to his or
   82  her minor child, the best interest of the child shall be the
   83  primary consideration. A determination of parental
   84  responsibility, a parenting plan, or a time-sharing schedule may
   85  not be modified without a showing of a substantial, material,
   86  and unanticipated change in circumstances and a determination
   87  that the modification is in the best interests of the child.
   88  Determination of the best interests of the child shall be made
   89  by evaluating all of the factors affecting the welfare and
   90  interests of the particular minor child and the circumstances of
   91  that family, including, but not limited to:
   92         (a) The demonstrated capacity and disposition of each
   93  parent to facilitate and encourage a close and continuing
   94  parent-child relationship, to honor the time-sharing schedule,
   95  and to be reasonable when changes are required.
   96         (b) The anticipated division of parental responsibilities
   97  after the litigation, including the extent to which parental
   98  responsibilities will be delegated to third parties.
   99         (c) The demonstrated capacity and disposition of each
  100  parent to determine, consider, and act upon the needs of the
  101  child as opposed to the needs or desires of the parent.
  102         (d) The length of time the child has lived in a stable,
  103  satisfactory environment and the desirability of maintaining
  104  continuity.
  105         (e) The geographic viability of the parenting plan, with
  106  special attention paid to the needs of school-age children and
  107  the amount of time to be spent traveling to effectuate the
  108  parenting plan. This factor does not create a presumption for or
  109  against relocation of either parent with a child.
  110         (f) The moral fitness of the parents.
  111         (g) The mental and physical health of the parents.
  112         (h) The home, school, and community record of the child.
  113         (i) The reasonable preference of the child, if the court
  114  deems the child to be of sufficient intelligence, understanding,
  115  and experience to express a preference.
  116         (j) The demonstrated knowledge, capacity, or and
  117  disposition of each parent to be informed of the circumstances
  118  of the minor child, including, but not limited to, the child’s
  119  friends, teachers, medical care providers, daily activities, and
  120  favorite things.
  121         (k) The demonstrated capacity or and disposition of each
  122  parent to provide a consistent routine for the child, such as
  123  discipline, and daily schedules for homework, meals, and
  124  bedtime.
  125         (l) The demonstrated capacity of each parent to communicate
  126  with and keep the other parent informed of issues and activities
  127  regarding the minor child, and the willingness of each parent to
  128  adopt a unified front on all major issues when dealing with the
  129  child.
  130         (m) Evidence of domestic violence, sexual violence, child
  131  abuse, child abandonment, or child neglect, regardless of
  132  whether a prior or pending action relating to those issues has
  133  been brought. If the court accepts evidence of prior or pending
  134  actions regarding domestic violence, sexual violence, child
  135  abuse, child abandonment, or child neglect, the court must
  136  specifically acknowledge in writing that such evidence was
  137  considered when evaluating the best interests of the child.
  138         (n) Evidence that either parent has knowingly provided
  139  false information to the court regarding any prior or pending
  140  action regarding domestic violence, sexual violence, child
  141  abuse, child abandonment, or child neglect.
  142         (o) The demonstrated capacity or disposition of each parent
  143  to perform or ensure the performance of particular parenting
  144  tasks customarily performed by the other each parent and the
  145  division of parental responsibilities before the institution of
  146  litigation and during the pending litigation, including the
  147  extent to which parenting responsibilities were undertaken by
  148  third parties.
  149         (p) The demonstrated capacity and disposition of each
  150  parent to participate and be involved in the child’s school and
  151  extracurricular activities.
  152         (q) The demonstrated capacity and disposition of each
  153  parent to maintain an environment for the child which is free
  154  from substance abuse.
  155         (r) The capacity and disposition of each parent to protect
  156  the child from the ongoing litigation as demonstrated by not
  157  discussing the litigation with the child, not sharing documents
  158  or electronic media related to the litigation with the child,
  159  and refraining from disparaging comments about the other parent
  160  to the child.
  161         (s) The developmental stages and needs of the child and the
  162  demonstrated capacity and disposition of each parent to meet the
  163  child’s developmental needs.
  164         (t) Any other factor that is relevant to the determination
  165  of a specific parenting plan, including the time-sharing
  166  schedule.
  168  The court shall make detailed written findings of fact which
  169  support and justify any parenting plan or time-sharing schedule
  170  that is not based on an agreement between the parents.
  172  ================= T I T L E  A M E N D M E N T ================
  173  And the title is amended as follows:
  174         Delete lines 30 - 35
  175  and insert:
  176         awards; amending s. 61.13, F.S.; specifying a premise
  177         that a minor child should spend approximately equal
  178         amounts of time with each parent; revising a finite
  179         list of factors that a court must evaluate when
  180         establishing or modifying parental responsibility or a
  181         parenting plan; requiring a court order to be
  182         supported by written findings of fact under certain
  183         circumstances; amending s. 61.14, F.S.; prohibiting a
  184         court