Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 1106
       
       
       
       
       
       
                                Ì798132%Î798132                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/18/2022           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Children, Families, and Elder Affairs (Berman)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 39 - 403
    4  and insert:
    5         Section 1. This act may be cited as “Greyson’s Law.”
    6         Section 2. Subsections (2) through (23) of section 61.046,
    7  Florida Statutes, are renumbered as subsections (3) through
    8  (24), respectively, and a new subsection (2) is added to that
    9  section to read:
   10         61.046 Definitions.—As used in this chapter, the term:
   11         (2)“Child” has the same meaning as in s. 39.01(11).
   12         Section 3. Paragraph (t) of subsection (3) of section
   13  61.13, Florida Statutes, is redesignated as paragraph (w),
   14  paragraph (c) of subsection (2) is amended, and new paragraphs
   15  (t) and (v) are added to subsection (3) of that section, to
   16  read:
   17         61.13 Support of children; parenting and time-sharing;
   18  powers of court.—
   19         (2)
   20         (c) The court shall determine all matters relating to
   21  parenting and time-sharing of each minor child of the parties in
   22  accordance with the best interests of the child and in
   23  accordance with the Uniform Child Custody Jurisdiction and
   24  Enforcement Act, except that modification of a parenting plan
   25  and time-sharing schedule requires a showing of a substantial,
   26  material, and unanticipated change of circumstances.
   27         1. It is the public policy of this state that each minor
   28  child has frequent and continuing contact with both parents
   29  after the parents separate or the marriage of the parties is
   30  dissolved and to encourage parents to share the rights and
   31  responsibilities, and joys, of childrearing. Except as otherwise
   32  provided in this paragraph, there is no presumption for or
   33  against the father or mother of the child or for or against any
   34  specific time-sharing schedule when creating or modifying the
   35  parenting plan of the child.
   36         2. The court shall order that the parental responsibility
   37  for a minor child be shared by both parents if determined to be
   38  in the best interests of the child based on reasonable factors,
   39  including, but not limited to, the time-sharing factors in
   40  subsection (3), unless the court finds that shared parental
   41  responsibility would be detrimental to the child. There is The
   42  following evidence creates a rebuttable presumption that shared
   43  parental responsibility is not in the best interests of the
   44  child and would be detrimental of detriment to the child if it
   45  is proven by clear and convincing evidence that:
   46         a. A parent has been convicted of a misdemeanor of the
   47  first degree or higher involving domestic violence, as defined
   48  in s. 741.28 and chapter 775;
   49         b. A parent meets the criteria of s. 39.806(1)(d); or
   50         c. A parent has been convicted of or had adjudication
   51  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
   52  at the time of the offense:
   53         (I) The parent was 18 years of age or older.
   54         (II) The victim was under 18 years of age or the parent
   55  believed the victim to be under 18 years of age;
   56         d.A parent or child has reasonable cause to believe he or
   57  she is in imminent danger of becoming a victim of domestic
   58  violence, as defined in s. 741.28, caused by the other parent
   59  upon a review of all relevant factors, including, but not
   60  limited to, the factors in s. 741.30(6)(b); or
   61         e.There is domestic violence, as defined in s. 741.28;
   62  sexual violence, as defined in s. 784.046(1)(c); child abuse, as
   63  defined in s. 39.01(2); child abandonment, as defined in s.
   64  39.01(1); or child neglect, as defined in s. 39.01(50), by a
   65  parent against the other parent, or against a child or children
   66  who the parents share in common, regardless of whether a cause
   67  of action has been brought or is currently pending in the court.
   68  Whether or not there is a conviction of any offense of domestic
   69  violence or child abuse or the existence of an injunction for
   70  protection against domestic violence, the court shall consider
   71  evidence of domestic violence or child abuse as evidence of
   72  detriment to the child.
   73  
   74  A parent may rebut the presumption that shared parental
   75  responsibility is not in the best interests of the child upon a
   76  specific finding in writing by the court that the parent poses
   77  no significant risk of harm to the child and that time-sharing
   78  is in the best interests of the child. If the presumption is
   79  rebutted, the court shall consider all time-sharing factors in
   80  subsection (3) when developing the time-sharing schedule.
   81         3. If the presumption is not rebutted after the offending
   82  or convicted parent is advised by the court that the presumption
   83  exists, shared parental responsibility, including time-sharing
   84  with the child, and decisions made regarding the child, may not
   85  be granted to the offending or convicted parent. However, the
   86  offending or convicted parent is not relieved of any obligation
   87  to provide financial support.
   88         4. If the court determines that shared parental
   89  responsibility would be detrimental to the child based on
   90  factors other than those in subparagraph 2., it may order sole
   91  parental responsibility for the child to one parent and make
   92  such arrangements for time-sharing as specified in the parenting
   93  plan that as will best protect the child or parent, including,
   94  but not limited to, supervised visitation by a third party at
   95  the expense of the parent without sole parental responsibility
   96  or a designated location in which to pick up and drop off the
   97  child abused spouse from further harm. Whether or not there is a
   98  conviction of any offense of domestic violence or child abuse or
   99  the existence of an injunction for protection against domestic
  100  violence, the court shall consider evidence of domestic violence
  101  or child abuse as evidence of detriment to the child.
  102         5.3. In ordering shared parental responsibility, the court
  103  may consider the expressed desires of the parents and may grant
  104  to one party the ultimate responsibility over specific aspects
  105  of the child’s welfare or may divide those responsibilities
  106  between the parties based on the best interests of the child.
  107  Areas of responsibility may include education, health care, and
  108  any other responsibilities that the court finds unique to a
  109  particular family.
  110         6.4. The court shall order sole parental responsibility for
  111  a minor child to one parent, with or without time-sharing with
  112  the other parent if it is in the best interests of the minor
  113  child.
  114         7.5. There is a rebuttable presumption against granting
  115  time-sharing with a minor child if a parent has been convicted
  116  of or had adjudication withheld for an offense enumerated in s.
  117  943.0435(1)(h)1.a., and at the time of the offense:
  118         a. The parent was 18 years of age or older.
  119         b. The victim was under 18 years of age or the parent
  120  believed the victim to be under 18 years of age.
  121  
  122  A parent may rebut the presumption upon a specific finding in
  123  writing by the court that the parent poses no significant risk
  124  of harm to the child and that time-sharing is in the best
  125  interests of the minor child. If the presumption is rebutted,
  126  the court shall consider all time-sharing factors in subsection
  127  (3) when developing a time-sharing schedule.
  128         8.6. Access to records and information pertaining to a
  129  minor child, including, but not limited to, medical, dental, and
  130  school records, may not be denied to either parent. Full rights
  131  under this subparagraph apply to either parent unless a court
  132  order specifically revokes these rights, including any
  133  restrictions on these rights as provided in a domestic violence
  134  injunction. A parent having rights under this subparagraph has
  135  the same rights upon request as to form, substance, and manner
  136  of access as are available to the other parent of a child,
  137  including, without limitation, the right to in-person
  138  communication with medical, dental, and education providers.
  139         (3) For purposes of establishing or modifying parental
  140  responsibility and creating, developing, approving, or modifying
  141  a parenting plan, including a time-sharing schedule, which
  142  governs each parent’s relationship with his or her minor child
  143  and the relationship between each parent with regard to his or
  144  her minor child, the best interest of the child shall be the
  145  primary consideration. A determination of parental
  146  responsibility, a parenting plan, or a time-sharing schedule may
  147  not be modified without a showing of a substantial, material,
  148  and unanticipated change in circumstances and a determination
  149  that the modification is in the best interests of the child.
  150  Determination of the best interests of the child shall be made
  151  by evaluating all of the factors affecting the welfare and
  152  interests of the particular minor child and the circumstances of
  153  that family, including, but not limited to:
  154         (t)Whether and to what extent the child has developed a
  155  relationship with either parent and the nature of any bond that
  156  has been established between such parent and the child.
  157         (u)Whether the child has expressed or exhibited behavior
  158  which suggests that the child has a well-founded fear of a
  159  parent.
  160         (v)Clear and convincing evidence that a parent has an
  161  improper motive for seeking shared parental responsibility, and
  162  whether such motive will negatively interfere with that parent’s
  163  ability to safely and effectively share parental
  164  responsibilities.
  165         Section 4. Subsection (4) of section 414.0252, Florida
  166  Statutes, is amended to read:
  167         414.0252 Definitions.—As used in ss. 414.025-414.55, the
  168  term:
  169         (4) “Domestic violence” means coercive control or any
  170  assault, aggravated assault, battery, aggravated battery, sexual
  171  assault, sexual battery, stalking, aggravated stalking,
  172  kidnapping, false imprisonment, or other any criminal offense
  173  that results in the physical injury or death of one family or
  174  household member by another.
  175         Section 5. Subsections (1) through (4) of section 741.28,
  176  Florida Statutes, are renumbered as subsections (2) through (5),
  177  respectively, present subsection (2) is amended, and a new
  178  subsection (1) is added to that section, to read:
  179         741.28 Domestic violence; definitions.—As used in ss.
  180  741.28-741.31:
  181         (1)“Coercive control” means a pattern of threatening,
  182  humiliating, or intimidating actions by one family or household
  183  member against another family or household member, which actions
  184  are used to harm, punish, or frighten the family or household
  185  member and make him or her dependent on the other family or
  186  household member by isolating, exploiting, or regulating him or
  187  her. The term includes, but is not limited to:
  188         (a)Isolating the family or household member from his or
  189  her friends or family.
  190         (b)Controlling the amount of money accessible to the
  191  family or household member and how he or she spends such money.
  192         (c)Monitoring the family or household member’s activities,
  193  communications, or movements.
  194         (d)Frequently engaging in conduct meant to demean,
  195  degrade, dehumanize, or embarrass the family or household
  196  member.
  197         (e)Threatening to cause physical harm to or kill a child
  198  or relative of the family or household member.
  199         (f)Threatening to publish false information or make false
  200  reports to a law enforcement officer or other law enforcement
  201  personnel about the family or household member.
  202         (g)Damaging the family or household member’s property,
  203  household goods, or personal effects.
  204         (h)Forcing the family or household member to participate
  205  in criminal activity.
  206         (3)(2) “Domestic violence” means coercive control or any
  207  assault, aggravated assault, battery, aggravated battery, sexual
  208  assault, sexual battery, stalking, aggravated stalking,
  209  kidnapping, false imprisonment, or other any criminal offense
  210  resulting in physical injury or death of one family or household
  211  member by another family or household member.
  212         Section 6. Paragraph (c) of subsection (2) and paragraph
  213  (b) of subsection (3) of section 741.30, Florida Statutes, are
  214  amended to read:
  215         741.30 Domestic violence; injunction; powers and duties of
  216  court and clerk; petition; notice and hearing; temporary
  217  injunction; issuance of injunction; statewide verification
  218  system; enforcement; public records exemption.—
  219         (2)
  220         (c)1. The clerk of the court shall assist petitioners in
  221  seeking both injunctions for protection against domestic
  222  violence and enforcement for a violation thereof as specified in
  223  this section.
  224         2. All clerks’ offices shall provide simplified petition
  225  forms for the injunction, any modifications, and the enforcement
  226  thereof, including instructions for completion. The instructions
  227  must inform the petitioner that if he or she intends to seek an
  228  injunction that prohibits or limits time-sharing between the
  229  respondent and the child of the parties, he or she must state
  230  with specificity details regarding the circumstances that give
  231  rise to the petitioner fearing that the respondent imminently
  232  will abuse, remove, or hide the child from the petitioner.
  233         3. The clerk of the court shall advise petitioners of the
  234  opportunity to apply for a certificate of indigence in lieu of
  235  prepayment for the cost of the filing fee, as provided in
  236  paragraph (a).
  237         4. The clerk of the court shall ensure the petitioner’s
  238  privacy to the extent practical while completing the forms for
  239  injunctions for protection against domestic violence.
  240         5. The clerk of the court shall provide petitioners with a
  241  minimum of two certified copies of the order of injunction, one
  242  of which is serviceable and will inform the petitioner of the
  243  process for service and enforcement.
  244         6. Clerks of court and appropriate staff in each county
  245  shall receive training in the effective assistance of
  246  petitioners as provided or approved by the Florida Association
  247  of Court Clerks.
  248         7. The clerk of the court in each county shall make
  249  available informational brochures on domestic violence when such
  250  brochures are provided by local certified domestic violence
  251  centers.
  252         8. The clerk of the court in each county shall distribute a
  253  statewide uniform informational brochure to petitioners at the
  254  time of filing for an injunction for protection against domestic
  255  or repeat violence when such brochures become available. The
  256  brochure must include information about the effect of giving the
  257  court false information about domestic violence.
  258         (3)(a) The sworn petition must allege the existence of such
  259  domestic violence and must include the specific facts and
  260  circumstances upon the basis of which relief is sought.
  261         (b) The sworn petition shall be in substantially the
  262  following form:
  263                            PETITION FOR                           
  264                      INJUNCTION FOR PROTECTION                    
  265                      AGAINST DOMESTIC VIOLENCE                    
  266  
  267  Before me, the undersigned authority, personally appeared
  268  Petitioner ...(Name)..., who has been sworn and says that the
  269  following statements are true:
  270         (a) Petitioner resides at: ...(address)...
  271         (Petitioner may furnish address to the court in a separate
  272  confidential filing if, for safety reasons, the petitioner
  273  requires the location of the current residence to be
  274  confidential.)
  275         (b) Respondent resides at: ...(last known address)...
  276         (c) Respondent’s last known place of employment: ...(name
  277  of business and address)...
  278         (d) Physical description of respondent:..................
  279         Race........
  280         Sex........
  281         Date of birth........
  282         Height........
  283         Weight........
  284         Eye color........
  285         Hair color........
  286         Distinguishing marks or scars........
  287         (e) Aliases of respondent:...............................
  288         (f) Respondent is the spouse or former spouse of the
  289  petitioner or is any other person related by blood or marriage
  290  to the petitioner or is any other person who is or was residing
  291  within a single dwelling unit with the petitioner, as if a
  292  family, or is a person with whom the petitioner has a child in
  293  common, regardless of whether the petitioner and respondent are
  294  or were married or residing together, as if a family.
  295         (g) The following describes any other cause of action
  296  currently pending between the petitioner and respondent:........
  297  ................................................................
  298         The petitioner should also describe any previous or pending
  299  attempts by the petitioner to obtain an injunction for
  300  protection against domestic violence in this or any other
  301  circuit, and the results of that attempt:.......................
  302  ................................................................
  303  Case numbers should be included if available.
  304         (h) Petitioner is either a victim of domestic violence or
  305  has reasonable cause to believe he or she is in imminent danger
  306  of becoming a victim of domestic violence because respondent
  307  has: ...(mark all sections that apply and describe in the spaces
  308  below the incidents of violence or threats of violence,
  309  specifying when and where they occurred, including, but not
  310  limited to, locations such as a home, school, place of
  311  employment, or visitation exchange)...
  312         .........................................................
  313         .........................................................
  314         ....committed or threatened to commit domestic violence
  315  defined in s. 741.28, Florida Statutes, as coercive control or
  316  any assault, aggravated assault, battery, aggravated battery,
  317  sexual assault, sexual battery, stalking, aggravated stalking,
  318  kidnapping, false imprisonment, or other any criminal offense
  319  resulting in physical injury or death of one family or household
  320  member by another. With the exception of persons who are parents
  321  of a child in common, the family or household members must be
  322  currently residing or have in the past resided together in the
  323  same single dwelling unit.
  324         ....previously threatened, harassed, stalked, or physically
  325  abused the petitioner.
  326         ....attempted to harm the petitioner or family members or
  327  individuals closely associated with the petitioner.
  328         ....threatened to conceal, kidnap, or harm the petitioner’s
  329  child or children (provide details in paragraph (i) below).
  330         ....intentionally injured or killed a family pet.
  331         ....used, or has threatened to use, against the petitioner
  332  any weapons such as guns or knives.
  333         ....physically restrained the petitioner from leaving the
  334  home or calling law enforcement.
  335         ....a criminal history involving violence or the threat of
  336  violence (if known).
  337         ....another order of protection issued against him or her
  338  previously or from another jurisdiction (if known).
  339         ....destroyed personal property, including, but not limited
  340  to, telephones or other communication equipment, clothing, or
  341  other items belonging to the petitioner.
  342         ....engaged in any other behavior or conduct that leads the
  343  petitioner to have reasonable cause to believe he or she is in
  344  imminent danger of becoming a victim of domestic violence.
  345         (i) Petitioner alleges the following additional specific
  346  facts: ...(mark appropriate sections)...
  347         ....A minor child or minor children reside with the
  348  petitioner whose names and ages are as follows:	
  349  	
  350         ....Petitioner needs the exclusive use and possession of
  351  the dwelling that the parties share.
  352         ....Petitioner is unable to obtain safe alternative housing
  353  because:	
  354  	
  355         ....Petitioner genuinely fears that respondent imminently
  356  will abuse, remove, or hide the minor child or children from
  357  petitioner because: ...(describe any actions taken or threats
  358  made by the respondent to cause such fear, including where and
  359  when the actions were taken or the threats were made, directly
  360  or indirectly; whether and how the respondent failed to comply
  361  with an existing parenting plan or time-sharing schedule; and
  362  any actions taken or comments made by the child or children that
  363  suggest the respondent has caused the child or children to
  364  ================= T I T L E  A M E N D M E N T ================
  365  And the title is amended as follows:
  366         Delete lines 3 - 33
  367  and insert:
  368         responsibility determinations; providing a short
  369         title; amending s. 61.046, F.S.; providing a
  370         definition; amending s. 61.13, F.S.; requiring a court
  371         to order shared parental responsibility if it is found
  372         to be in the best interests of the child based on
  373         certain factors; providing that clear and convincing
  374         evidence of certain conduct creates a rebuttable
  375         presumption that shared parental responsibility is not
  376         in the best interests of the child; providing
  377         additional conduct that may create a rebuttable
  378         presumption against shared parental responsibility;
  379         authorizing a parent to rebut such presumption if
  380         specified criteria are met; requiring the court to
  381         rely upon specific evidence to make required findings
  382         that the presumption has been rebutted; requiring the
  383         court to consider all time-sharing factors when
  384         developing the time-sharing schedule if such
  385         presumption is rebutted; providing for sole parental
  386         responsibility with specified time-sharing
  387         arrangements under certain circumstances; relocating
  388         the requirement for the court to consider certain
  389         evidence regardless of whether there is a conviction;
  390         providing additional factors that the court must
  391         consider when determining the best interests of the
  392         child; making technical and conforming changes;
  393         amending s. 414.0252, F.S.; conforming provisions to
  394         changes made by the act; amending s. 741.28, F.S.;
  395         providing and revising definitions; amending s.
  396         741.30, F.S.; requiring the instructions for certain
  397         petition forms to contain specified information;
  398         revising the form for a Petition for Injunction for
  399         Protection Against Domestic Violence to require the
  400         inclusion of certain information; amending ss.
  401         921.0024,