Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. SB 1106
Ì798132%Î798132
LEGISLATIVE ACTION
Senate . House
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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,