Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 250
Senate . House
Comm: RCS .
The Committee on Judiciary (Stargel) recommended the following:
1 Senate Amendment (with title amendment)
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
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
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
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.
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.