Florida Senate - 2022                             CS for SB 1106
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senators Berman, Book, Torres, Harrell, and Taddeo
       
       
       
       
       586-02077-22                                          20221106c1
    1                        A bill to be entitled                      
    2         An act relating to domestic violence and parental
    3         responsibility determinations; providing a short
    4         title; amending s. 61.046, F.S.; providing a
    5         definition; amending s. 61.13, F.S.; requiring a court
    6         to order shared parental responsibility if it is found
    7         to be in the best interests of the child based on
    8         certain factors; providing that clear and convincing
    9         evidence of certain conduct creates a rebuttable
   10         presumption that shared parental responsibility is not
   11         in the best interests of the child; providing
   12         additional conduct that may create a rebuttable
   13         presumption against shared parental responsibility;
   14         authorizing a parent to rebut such presumption if
   15         specified criteria are met; requiring the court to
   16         rely upon specific evidence to make required findings
   17         that a presumption has been rebutted; requiring the
   18         court to consider all time-sharing factors when
   19         developing the time-sharing schedule if such
   20         presumption is rebutted; providing for sole parental
   21         responsibility with specified time-sharing
   22         arrangements under certain circumstances; relocating a
   23         provision requiring the court to consider certain
   24         evidence regardless of whether there is a conviction;
   25         providing additional factors that the court must
   26         consider when determining the best interests of the
   27         child; making technical and conforming changes;
   28         amending s. 414.0252, F.S.; conforming provisions to
   29         changes made by the act; amending s. 741.28, F.S.;
   30         providing and revising definitions; amending s.
   31         741.30, F.S.; requiring the instructions for certain
   32         petition forms to contain specified information;
   33         revising the form for a Petition for Injunction for
   34         Protection Against Domestic Violence to require the
   35         inclusion of certain information; amending ss.
   36         921.0024, 943.0584, and 943.171, F.S.; conforming
   37         cross-references; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. This act may be cited as “Greyson’s Law.”
   42         Section 2. Present subsections (2) through (23) of section
   43  61.046, Florida Statutes, are redesignated as subsections (3)
   44  through (24), respectively, and a new subsection (2) is added to
   45  that section, to read:
   46         61.046 Definitions.—As used in this chapter, the term:
   47         (2)“Child” has the same meaning as in s. 39.01(11).
   48         Section 3. Present paragraph (t) of subsection (3) of
   49  section 61.13, Florida Statutes, is redesignated as paragraph
   50  (w), new paragraphs (t), (u), and (v) are added to that
   51  subsection, and paragraph (c) of subsection (2) of that section
   52  is amended, to read:
   53         61.13 Support of children; parenting and time-sharing;
   54  powers of court.—
   55         (2)
   56         (c) The court shall determine all matters relating to
   57  parenting and time-sharing of each minor child of the parties in
   58  accordance with the best interests of the child and in
   59  accordance with the Uniform Child Custody Jurisdiction and
   60  Enforcement Act, except that modification of a parenting plan
   61  and time-sharing schedule requires a showing of a substantial,
   62  material, and unanticipated change of circumstances.
   63         1. It is the public policy of this state that each minor
   64  child has frequent and continuing contact with both parents
   65  after the parents separate or the marriage of the parties is
   66  dissolved and to encourage parents to share the rights and
   67  responsibilities, and joys, of childrearing. Except as otherwise
   68  provided in this paragraph, there is no presumption for or
   69  against the father or mother of the child or for or against any
   70  specific time-sharing schedule when creating or modifying the
   71  parenting plan of the child.
   72         2. The court shall order that the parental responsibility
   73  for a minor child be shared by both parents if determined to be
   74  in the best interests of the child based on reasonable factors,
   75  including, but not limited to, the time-sharing factors in
   76  subsection (3), unless the court finds that shared parental
   77  responsibility would be detrimental to the child. There is The
   78  following evidence creates a rebuttable presumption that shared
   79  parental responsibility is not in the best interests of the
   80  child and would be detrimental of detriment to the child if it
   81  is proven by clear and convincing evidence that:
   82         a. A parent has been convicted of a misdemeanor of the
   83  first degree or higher involving domestic violence, as defined
   84  in s. 741.28 and chapter 775;
   85         b. A parent meets the criteria of s. 39.806(1)(d); or
   86         c. A parent has been convicted of or had adjudication
   87  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
   88  at the time of the offense:
   89         (I) The parent was 18 years of age or older.
   90         (II) The victim was under 18 years of age or the parent
   91  believed the victim to be under 18 years of age;
   92         d.A parent or child has reasonable cause to believe he or
   93  she is in imminent danger of becoming a victim of domestic
   94  violence, as defined in s. 741.28, caused by the other parent
   95  upon a review of all relevant factors, including, but not
   96  limited to, the factors in s. 741.30(6)(b); or
   97         e.There is domestic violence, as defined in s. 741.28;
   98  sexual violence, as defined in s. 784.046(1)(c); child abuse, as
   99  defined in s. 39.01(2); child abandonment, as defined in s.
  100  39.01(1); or child neglect, as defined in s. 39.01(50), by a
  101  parent against the other parent, or against a child or children
  102  whom the parents share in common, regardless of whether a cause
  103  of action has been brought or is currently pending in the court.
  104  Whether or not there is a conviction of any offense of domestic
  105  violence or child abuse or the existence of an injunction for
  106  protection against domestic violence, the court shall consider
  107  evidence of domestic violence or child abuse as evidence of
  108  detriment to the child.
  109  
  110  A parent may rebut the presumption that shared parental
  111  responsibility is not in the best interests of the child upon a
  112  specific finding in writing by the court that the parent poses
  113  no significant risk of harm to the child and that time-sharing
  114  is in the best interests of the child. If the presumption is
  115  rebutted, the court shall consider all time-sharing factors in
  116  subsection (3) when developing the time-sharing schedule.
  117         3. If the presumption is not rebutted after the offending
  118  or convicted parent is advised by the court that the presumption
  119  exists, shared parental responsibility, including time-sharing
  120  with the child, and decisions made regarding the child, may not
  121  be granted to the offending or convicted parent. However, the
  122  offending or convicted parent is not relieved of any obligation
  123  to provide financial support.
  124         4. If the court determines that shared parental
  125  responsibility would be detrimental to the child based on
  126  factors other than those in subparagraph 2., it may order sole
  127  parental responsibility for the child to one parent and make
  128  such arrangements for time-sharing as specified in the parenting
  129  plan that as will best protect the child or parent, including,
  130  but not limited to, supervised visitation by a third party at
  131  the expense of the parent without sole parental responsibility
  132  or a designated location in which to pick up and drop off the
  133  child abused spouse from further harm. Whether or not there is a
  134  conviction of any offense of domestic violence or child abuse or
  135  the existence of an injunction for protection against domestic
  136  violence, the court shall consider evidence of domestic violence
  137  or child abuse as evidence of detriment to the child.
  138         5.3. In ordering shared parental responsibility, the court
  139  may consider the expressed desires of the parents and may grant
  140  to one party the ultimate responsibility over specific aspects
  141  of the child’s welfare or may divide those responsibilities
  142  between the parties based on the best interests of the child.
  143  Areas of responsibility may include education, health care, and
  144  any other responsibilities that the court finds unique to a
  145  particular family.
  146         6.4. The court shall order sole parental responsibility for
  147  a minor child to one parent, with or without time-sharing with
  148  the other parent if it is in the best interests of the minor
  149  child.
  150         7.5. There is a rebuttable presumption against granting
  151  time-sharing with a minor child if a parent has been convicted
  152  of or had adjudication withheld for an offense enumerated in s.
  153  943.0435(1)(h)1.a., and at the time of the offense:
  154         a. The parent was 18 years of age or older.
  155         b. The victim was under 18 years of age or the parent
  156  believed the victim to be under 18 years of age.
  157  
  158  A parent may rebut the presumption upon a specific finding in
  159  writing by the court that the parent poses no significant risk
  160  of harm to the child and that time-sharing is in the best
  161  interests of the minor child. If the presumption is rebutted,
  162  the court shall consider all time-sharing factors in subsection
  163  (3) when developing a time-sharing schedule.
  164         8.6. Access to records and information pertaining to a
  165  minor child, including, but not limited to, medical, dental, and
  166  school records, may not be denied to either parent. Full rights
  167  under this subparagraph apply to either parent unless a court
  168  order specifically revokes these rights, including any
  169  restrictions on these rights as provided in a domestic violence
  170  injunction. A parent having rights under this subparagraph has
  171  the same rights upon request as to form, substance, and manner
  172  of access as are available to the other parent of a child,
  173  including, without limitation, the right to in-person
  174  communication with medical, dental, and education providers.
  175         (3) For purposes of establishing or modifying parental
  176  responsibility and creating, developing, approving, or modifying
  177  a parenting plan, including a time-sharing schedule, which
  178  governs each parent’s relationship with his or her minor child
  179  and the relationship between each parent with regard to his or
  180  her minor child, the best interest of the child shall be the
  181  primary consideration. A determination of parental
  182  responsibility, a parenting plan, or a time-sharing schedule may
  183  not be modified without a showing of a substantial, material,
  184  and unanticipated change in circumstances and a determination
  185  that the modification is in the best interests of the child.
  186  Determination of the best interests of the child shall be made
  187  by evaluating all of the factors affecting the welfare and
  188  interests of the particular minor child and the circumstances of
  189  that family, including, but not limited to:
  190         (t)Whether and to what extent the child has developed a
  191  relationship with either parent and the nature of any bond that
  192  has been established between such parent and the child.
  193         (u)Whether the child has expressed or exhibited behavior
  194  which suggests that the child has a well-founded fear of a
  195  parent.
  196         (v)Clear and convincing evidence that a parent has an
  197  improper motive for seeking shared parental responsibility, and
  198  whether such motive will negatively interfere with that parent’s
  199  ability to safely and effectively share parental
  200  responsibilities.
  201         Section 4. Subsection (4) of section 414.0252, Florida
  202  Statutes, is amended to read:
  203         414.0252 Definitions.—As used in ss. 414.025-414.55, the
  204  term:
  205         (4) “Domestic violence” means coercive control or any
  206  assault, aggravated assault, battery, aggravated battery, sexual
  207  assault, sexual battery, stalking, aggravated stalking,
  208  kidnapping, false imprisonment, or other any criminal offense
  209  that results in the physical injury or death of one family or
  210  household member by another.
  211         Section 5. Present subsections (1) through (4) of section
  212  741.28, Florida Statutes, are redesignated as subsections (2)
  213  through (5), respectively, a new subsection (1) is added to that
  214  section, and present subsection (2) of that section is amended,
  215  to read:
  216         741.28 Domestic violence; definitions.—As used in ss.
  217  741.28-741.31:
  218         (1)“Coercive control” means a pattern of threatening,
  219  humiliating, or intimidating actions by one family or household
  220  member against another family or household member, which actions
  221  are used to harm, punish, or frighten the family or household
  222  member and make him or her dependent on the other family or
  223  household member by isolating, exploiting, or regulating him or
  224  her. The term includes, but is not limited to:
  225         (a)Isolating the family or household member from his or
  226  her friends or family.
  227         (b)Controlling the amount of money accessible to the
  228  family or household member and how he or she spends such money.
  229         (c)Monitoring the family or household member’s activities,
  230  communications, or movements.
  231         (d)Frequently engaging in conduct meant to demean,
  232  degrade, dehumanize, or embarrass the family or household
  233  member.
  234         (e)Threatening to cause physical harm to or kill a child
  235  or relative of the family or household member.
  236         (f)Threatening to publish false information or make false
  237  reports to a law enforcement officer or other law enforcement
  238  personnel about the family or household member.
  239         (g)Damaging the family or household member’s property,
  240  household goods, or personal effects.
  241         (h)Forcing the family or household member to participate
  242  in criminal activity.
  243         (3)(2) “Domestic violence” means coercive control or any
  244  assault, aggravated assault, battery, aggravated battery, sexual
  245  assault, sexual battery, stalking, aggravated stalking,
  246  kidnapping, false imprisonment, or other any criminal offense
  247  resulting in physical injury or death of one family or household
  248  member by another family or household member.
  249         Section 6. Paragraph (c) of subsection (2) and paragraph
  250  (b) of subsection (3) of section 741.30, Florida Statutes, are
  251  amended to read:
  252         741.30 Domestic violence; injunction; powers and duties of
  253  court and clerk; petition; notice and hearing; temporary
  254  injunction; issuance of injunction; statewide verification
  255  system; enforcement; public records exemption.—
  256         (2)
  257         (c)1. The clerk of the court shall assist petitioners in
  258  seeking both injunctions for protection against domestic
  259  violence and enforcement for a violation thereof as specified in
  260  this section.
  261         2. All clerks’ offices shall provide simplified petition
  262  forms for the injunction, any modifications, and the enforcement
  263  thereof, including instructions for completion. The instructions
  264  must inform the petitioner that if he or she intends to seek an
  265  injunction that prohibits or limits time-sharing between the
  266  respondent and the child of the parties, he or she must state
  267  with specificity details regarding the circumstances that give
  268  rise to the petitioner fearing that the respondent imminently
  269  will abuse, remove, or hide the child from the petitioner.
  270         3. The clerk of the court shall advise petitioners of the
  271  opportunity to apply for a certificate of indigence in lieu of
  272  prepayment for the cost of the filing fee, as provided in
  273  paragraph (a).
  274         4. The clerk of the court shall ensure the petitioner’s
  275  privacy to the extent practical while completing the forms for
  276  injunctions for protection against domestic violence.
  277         5. The clerk of the court shall provide petitioners with a
  278  minimum of two certified copies of the order of injunction, one
  279  of which is serviceable and will inform the petitioner of the
  280  process for service and enforcement.
  281         6. Clerks of court and appropriate staff in each county
  282  shall receive training in the effective assistance of
  283  petitioners as provided or approved by the Florida Association
  284  of Court Clerks.
  285         7. The clerk of the court in each county shall make
  286  available informational brochures on domestic violence when such
  287  brochures are provided by local certified domestic violence
  288  centers.
  289         8. The clerk of the court in each county shall distribute a
  290  statewide uniform informational brochure to petitioners at the
  291  time of filing for an injunction for protection against domestic
  292  or repeat violence when such brochures become available. The
  293  brochure must include information about the effect of giving the
  294  court false information about domestic violence.
  295         (3)
  296         (b) The sworn petition shall be in substantially the
  297  following form:
  298  
  299                            PETITION FOR                           
  300                      INJUNCTION FOR PROTECTION                    
  301                      AGAINST DOMESTIC VIOLENCE                    
  302  
  303  Before me, the undersigned authority, personally appeared
  304  Petitioner ...(Name)..., who has been sworn and says that the
  305  following statements are true:
  306         (a) Petitioner resides at: ...(address)...
  307         (Petitioner may furnish address to the court in a separate
  308  confidential filing if, for safety reasons, the petitioner
  309  requires the location of the current residence to be
  310  confidential.)
  311         (b) Respondent resides at: ...(last known address)...
  312         (c) Respondent’s last known place of employment: ...(name
  313  of business and address)...
  314         (d) Physical description of respondent:..................
  315         Race........
  316         Sex........
  317         Date of birth........
  318         Height........
  319         Weight........
  320         Eye color........
  321         Hair color........
  322         Distinguishing marks or scars........
  323         (e) Aliases of respondent:...............................
  324         (f) Respondent is the spouse or former spouse of the
  325  petitioner or is any other person related by blood or marriage
  326  to the petitioner or is any other person who is or was residing
  327  within a single dwelling unit with the petitioner, as if a
  328  family, or is a person with whom the petitioner has a child in
  329  common, regardless of whether the petitioner and respondent are
  330  or were married or residing together, as if a family.
  331         (g) The following describes any other cause of action
  332  currently pending between the petitioner and respondent:........
  333  ................................................................
  334         The petitioner should also describe any previous or pending
  335  attempts by the petitioner to obtain an injunction for
  336  protection against domestic violence in this or any other
  337  circuit, and the results of that attempt:.......................
  338  ................................................................
  339  Case numbers should be included if available.
  340         (h) Petitioner is either a victim of domestic violence or
  341  has reasonable cause to believe he or she is in imminent danger
  342  of becoming a victim of domestic violence because respondent
  343  has: ...(mark all sections that apply and describe in the spaces
  344  below the incidents of violence or threats of violence,
  345  specifying when and where they occurred, including, but not
  346  limited to, locations such as a home, school, place of
  347  employment, or visitation exchange)...
  348         .........................................................
  349         .........................................................
  350         ....committed or threatened to commit domestic violence
  351  defined in s. 741.28, Florida Statutes, as coercive control or
  352  any assault, aggravated assault, battery, aggravated battery,
  353  sexual assault, sexual battery, stalking, aggravated stalking,
  354  kidnapping, false imprisonment, or other any criminal offense
  355  resulting in physical injury or death of one family or household
  356  member by another. With the exception of persons who are parents
  357  of a child in common, the family or household members must be
  358  currently residing or have in the past resided together in the
  359  same single dwelling unit.
  360         ....previously threatened, harassed, stalked, or physically
  361  abused the petitioner.
  362         ....attempted to harm the petitioner or family members or
  363  individuals closely associated with the petitioner.
  364         ....threatened to conceal, kidnap, or harm the petitioner’s
  365  child or children (provide details in paragraph (i) below).
  366         ....intentionally injured or killed a family pet.
  367         ....used, or has threatened to use, against the petitioner
  368  any weapons such as guns or knives.
  369         ....physically restrained the petitioner from leaving the
  370  home or calling law enforcement.
  371         ....a criminal history involving violence or the threat of
  372  violence (if known).
  373         ....another order of protection issued against him or her
  374  previously or from another jurisdiction (if known).
  375         ....destroyed personal property, including, but not limited
  376  to, telephones or other communication equipment, clothing, or
  377  other items belonging to the petitioner.
  378         ....engaged in any other behavior or conduct that leads the
  379  petitioner to have reasonable cause to believe he or she is in
  380  imminent danger of becoming a victim of domestic violence.
  381         (i) Petitioner alleges the following additional specific
  382  facts: ...(mark appropriate sections)...
  383         ....A minor child or minor children reside with the
  384  petitioner whose names and ages are as follows:	
  385  	
  386         ....Petitioner needs the exclusive use and possession of
  387  the dwelling that the parties share.
  388         ....Petitioner is unable to obtain safe alternative housing
  389  because:	
  390  	
  391         ....Petitioner genuinely fears that respondent imminently
  392  will abuse, remove, or hide the minor child or children from
  393  petitioner because: ...(describe any actions taken or threats
  394  made by the respondent to cause such fear, including where and
  395  when the actions were taken or the threats were made, directly
  396  or indirectly; whether and how the respondent failed to comply
  397  with an existing parenting plan or time-sharing schedule; and
  398  any actions taken or comments made by the child or children that
  399  suggest the respondent has caused the child or children to fear
  400  for his or her or their safety)...
  401  	
  402         (j) Petitioner genuinely fears imminent domestic violence
  403  by respondent.
  404         (k) Petitioner seeks an injunction: ...(mark appropriate
  405  section or sections)...
  406         ....Immediately restraining the respondent from committing
  407  any acts of domestic violence.
  408         ....Restraining the respondent from committing any acts of
  409  domestic violence.
  410         ....Awarding to the petitioner the temporary exclusive use
  411  and possession of the dwelling that the parties share or
  412  excluding the respondent from the residence of the petitioner.
  413         ....Providing a temporary parenting plan, including a
  414  temporary time-sharing schedule, with regard to the minor child
  415  or children of the parties which might involve prohibiting or
  416  limiting time-sharing or requiring that it be supervised by a
  417  third party.
  418         ....Providing a temporary time-sharing schedule that
  419  prohibits time-sharing between the respondent and the child or
  420  children of the parties.
  421         ....Establishing temporary support for the minor child or
  422  children or the petitioner.
  423         ....Directing the respondent to participate in a batterers’
  424  intervention program.
  425         ....Providing any terms the court deems necessary for the
  426  protection of a victim of domestic violence, or any minor
  427  children of the victim, including any injunctions or directives
  428  to law enforcement agencies.
  429         Section 7. Paragraph (b) of subsection (1) of section
  430  921.0024, Florida Statutes, is amended to read:
  431         921.0024 Criminal Punishment Code; worksheet computations;
  432  scoresheets.—
  433         (1)
  434         (b) WORKSHEET KEY:
  435  
  436  Legal status points are assessed when any form of legal status
  437  existed at the time the offender committed an offense before the
  438  court for sentencing. Four (4) sentence points are assessed for
  439  an offender’s legal status.
  440  
  441  Community sanction violation points are assessed when a
  442  community sanction violation is before the court for sentencing.
  443  Six (6) sentence points are assessed for each community sanction
  444  violation and each successive community sanction violation,
  445  unless any of the following apply:
  446         1. If the community sanction violation includes a new
  447  felony conviction before the sentencing court, twelve (12)
  448  community sanction violation points are assessed for the
  449  violation, and for each successive community sanction violation
  450  involving a new felony conviction.
  451         2. If the community sanction violation is committed by a
  452  violent felony offender of special concern as defined in s.
  453  948.06:
  454         a. Twelve (12) community sanction violation points are
  455  assessed for the violation and for each successive violation of
  456  felony probation or community control where:
  457         I. The violation does not include a new felony conviction;
  458  and
  459         II. The community sanction violation is not based solely on
  460  the probationer or offender’s failure to pay costs or fines or
  461  make restitution payments.
  462         b. Twenty-four (24) community sanction violation points are
  463  assessed for the violation and for each successive violation of
  464  felony probation or community control where the violation
  465  includes a new felony conviction.
  466  
  467  Multiple counts of community sanction violations before the
  468  sentencing court shall not be a basis for multiplying the
  469  assessment of community sanction violation points.
  470  
  471  Prior serious felony points: If the offender has a primary
  472  offense or any additional offense ranked in level 8, level 9, or
  473  level 10, and one or more prior serious felonies, a single
  474  assessment of thirty (30) points shall be added. For purposes of
  475  this section, a prior serious felony is an offense in the
  476  offender’s prior record that is ranked in level 8, level 9, or
  477  level 10 under s. 921.0022 or s. 921.0023 and for which the
  478  offender is serving a sentence of confinement, supervision, or
  479  other sanction or for which the offender’s date of release from
  480  confinement, supervision, or other sanction, whichever is later,
  481  is within 3 years before the date the primary offense or any
  482  additional offense was committed.
  483  
  484  Prior capital felony points: If the offender has one or more
  485  prior capital felonies in the offender’s criminal record, points
  486  shall be added to the subtotal sentence points of the offender
  487  equal to twice the number of points the offender receives for
  488  the primary offense and any additional offense. A prior capital
  489  felony in the offender’s criminal record is a previous capital
  490  felony offense for which the offender has entered a plea of nolo
  491  contendere or guilty or has been found guilty; or a felony in
  492  another jurisdiction which is a capital felony in that
  493  jurisdiction, or would be a capital felony if the offense were
  494  committed in this state.
  495  
  496  Possession of a firearm, semiautomatic firearm, or machine gun:
  497  If the offender is convicted of committing or attempting to
  498  commit any felony other than those enumerated in s. 775.087(2)
  499  while having in his or her possession: a firearm as defined in
  500  s. 790.001(6), an additional eighteen (18) sentence points are
  501  assessed; or if the offender is convicted of committing or
  502  attempting to commit any felony other than those enumerated in
  503  s. 775.087(3) while having in his or her possession a
  504  semiautomatic firearm as defined in s. 775.087(3) or a machine
  505  gun as defined in s. 790.001(9), an additional twenty-five (25)
  506  sentence points are assessed.
  507  
  508  Sentencing multipliers:
  509  
  510  Drug trafficking: If the primary offense is drug trafficking
  511  under s. 893.135, the subtotal sentence points are multiplied,
  512  at the discretion of the court, for a level 7 or level 8
  513  offense, by 1.5. The state attorney may move the sentencing
  514  court to reduce or suspend the sentence of a person convicted of
  515  a level 7 or level 8 offense, if the offender provides
  516  substantial assistance as described in s. 893.135(4).
  517  
  518  Law enforcement protection: If the primary offense is a
  519  violation of the Law Enforcement Protection Act under s.
  520  775.0823(2), (3), or (4), the subtotal sentence points are
  521  multiplied by 2.5. If the primary offense is a violation of s.
  522  775.0823(5), (6), (7), (8), or (9), the subtotal sentence points
  523  are multiplied by 2.0. If the primary offense is a violation of
  524  s. 784.07(3) or s. 775.0875(1), or of the Law Enforcement
  525  Protection Act under s. 775.0823(10) or (11), the subtotal
  526  sentence points are multiplied by 1.5.
  527  
  528  Grand theft of a motor vehicle: If the primary offense is grand
  529  theft of the third degree involving a motor vehicle and in the
  530  offender’s prior record, there are three or more grand thefts of
  531  the third degree involving a motor vehicle, the subtotal
  532  sentence points are multiplied by 1.5.
  533  
  534  Offense related to a criminal gang: If the offender is convicted
  535  of the primary offense and committed that offense for the
  536  purpose of benefiting, promoting, or furthering the interests of
  537  a criminal gang as defined in s. 874.03, the subtotal sentence
  538  points are multiplied by 1.5. If applying the multiplier results
  539  in the lowest permissible sentence exceeding the statutory
  540  maximum sentence for the primary offense under chapter 775, the
  541  court may not apply the multiplier and must sentence the
  542  defendant to the statutory maximum sentence.
  543  
  544  Domestic violence in the presence of a child: If the offender is
  545  convicted of the primary offense and the primary offense is a
  546  crime of domestic violence, as defined in s. 741.28, which was
  547  committed in the presence of a child under 16 years of age who
  548  is a family or household member as defined in s. 741.28 s.
  549  741.28(3) with the victim or perpetrator, the subtotal sentence
  550  points are multiplied by 1.5.
  551  
  552  Adult-on-minor sex offense: If the offender was 18 years of age
  553  or older and the victim was younger than 18 years of age at the
  554  time the offender committed the primary offense, and if the
  555  primary offense was an offense committed on or after October 1,
  556  2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the
  557  violation involved a victim who was a minor and, in the course
  558  of committing that violation, the defendant committed a sexual
  559  battery under chapter 794 or a lewd act under s. 800.04 or s.
  560  847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s.
  561  787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s.
  562  800.04; or s. 847.0135(5), the subtotal sentence points are
  563  multiplied by 2.0. If applying the multiplier results in the
  564  lowest permissible sentence exceeding the statutory maximum
  565  sentence for the primary offense under chapter 775, the court
  566  may not apply the multiplier and must sentence the defendant to
  567  the statutory maximum sentence.
  568         Section 8. Paragraph (f) of subsection (2) of section
  569  943.0584, Florida Statutes, is amended to read:
  570         943.0584 Criminal history records ineligible for court
  571  ordered expunction or court-ordered sealing.—
  572         (2) A criminal history record is ineligible for a
  573  certificate of eligibility for expunction or a court-ordered
  574  expunction pursuant to s. 943.0585 or a certificate of
  575  eligibility for sealing or a court-ordered sealing pursuant to
  576  s. 943.059 if the record is a conviction for any of the
  577  following offenses:
  578         (f) Assault or battery, as defined in ss. 784.011 and
  579  784.03, respectively, of one family or household member by
  580  another family or household member, as defined in s. 741.28 s.
  581  741.28(3);
  582         Section 9. Paragraph (b) of subsection (2) of section
  583  943.171, Florida Statutes, is amended to read:
  584         943.171 Basic skills training in handling domestic violence
  585  cases.—
  586         (2) As used in this section, the term:
  587         (b) “Household member” has the meaning set forth in s.
  588  741.28 s. 741.28(3).
  589         Section 10. This act shall take effect July 1, 2022.