Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1292
       
       
       
       
       
       
                                Ì440158.Î440158                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2023           .                                
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       The Committee on Rules (Jones) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 29 - 124
    4  and insert:
    5  responsibilities, and joys, of childrearing. Unless Except as
    6  otherwise provided in this section or agreed to by the parties
    7  paragraph, there is a rebuttable no presumption that equal for
    8  or against the father or mother of the child or for or against
    9  any specific time-sharing of a minor child is in the best
   10  interests of the minor child. To rebut this presumption, a party
   11  must prove by a preponderance of the evidence that equal time
   12  sharing is not in the best interests of the minor child. Except
   13  when a time-sharing schedule is agreed to by the parties and
   14  approved by the court, the court shall evaluate all of the
   15  factors set forth in subsection (3) and make specific written
   16  findings of fact schedule when creating or modifying a time
   17  sharing schedule the parenting plan of the child.
   18         2. The court shall order that the parental responsibility
   19  for a minor child be shared by both parents unless the court
   20  finds that shared parental responsibility would be detrimental
   21  to the child. The following evidence creates a rebuttable
   22  presumption of detriment to the child:
   23         a. A parent has been convicted of a misdemeanor of the
   24  first degree or higher involving domestic violence, as defined
   25  in s. 741.28 and chapter 775;
   26         b. A parent meets the criteria of s. 39.806(1)(d); or
   27         c. A parent has been convicted of or had adjudication
   28  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
   29  at the time of the offense:
   30         (I) The parent was 18 years of age or older.
   31         (II) The victim was under 18 years of age or the parent
   32  believed the victim to be under 18 years of age.
   33  
   34  If the presumption is not rebutted after the convicted parent is
   35  advised by the court that the presumption exists, shared
   36  parental responsibility, including time-sharing with the child,
   37  and decisions made regarding the child, may not be granted to
   38  the convicted parent. However, the convicted parent is not
   39  relieved of any obligation to provide financial support. If the
   40  court determines that shared parental responsibility would be
   41  detrimental to the child, it may order sole parental
   42  responsibility and make such arrangements for time-sharing as
   43  specified in the parenting plan as will best protect the child
   44  or abused spouse from further harm. Regardless of whether or not
   45  there is a conviction of any offense of domestic violence or
   46  child abuse or the existence of an injunction for protection
   47  against domestic violence, the court shall consider evidence of
   48  domestic violence or child abuse as evidence of detriment to the
   49  child.
   50         3. In ordering shared parental responsibility, the court
   51  may consider the expressed desires of the parents and may grant
   52  to one party the ultimate responsibility over specific aspects
   53  of the child’s welfare or may divide those responsibilities
   54  between the parties based on the best interests of the child.
   55  Areas of responsibility may include education, health care, and
   56  any other responsibilities that the court finds unique to a
   57  particular family.
   58         4. The court must shall order sole parental responsibility
   59  for a minor child to one parent, with or without time-sharing
   60  with the other parent if it is in the best interests of the
   61  minor child.
   62         5. There is a rebuttable presumption against granting time
   63  sharing with a minor child if a parent has been convicted of or
   64  had adjudication withheld for an offense enumerated in s.
   65  943.0435(1)(h)1.a., and at the time of the offense:
   66         a. The parent was 18 years of age or older.
   67         b. The victim was under 18 years of age or the parent
   68  believed the victim to be under 18 years of age.
   69  
   70  A parent may rebut the presumption upon a specific finding in
   71  writing by the court that the parent poses no significant risk
   72  of harm to the child and that time-sharing is in the best
   73  interests of the minor child. If the presumption is rebutted,
   74  the court must shall consider all time-sharing factors in
   75  subsection (3) when developing a time-sharing schedule.
   76         6. Access to records and information pertaining to a minor
   77  child, including, but not limited to, medical, dental, and
   78  school records, may not be denied to either parent. Full rights
   79  under this subparagraph apply to either parent unless a court
   80  order specifically revokes these rights, including any
   81  restrictions on these rights as provided in a domestic violence
   82  injunction. A parent having rights under this subparagraph has
   83  the same rights upon request as to form, substance, and manner
   84  of access as are available to the other parent of a child,
   85  including, without limitation, the right to in-person
   86  communication with medical, dental, and education providers.
   87         (3) For purposes of establishing or modifying parental
   88  responsibility and creating, developing, approving, or modifying
   89  a parenting plan, including a time-sharing schedule, which
   90  governs each parent’s relationship with his or her minor child
   91  and the relationship between each parent with regard to his or
   92  her minor child, the best interests interest of the child must
   93  shall be the primary consideration. A determination of parental
   94  responsibility, a parenting plan, or a time-sharing schedule may
   95  not be modified without a showing of a substantial and,
   96  material, and unanticipated change in circumstances and a
   97  determination that the modification is in the best interests of
   98  the child. If the parents of a child are residing greater than
   99  50 miles apart at the time of the entry of the last order
  100  establishing time-sharing and a parent moves within 50 miles of
  101  the other parent, that move may be considered a substantial and
  102  material change in circumstances for the purpose of a
  103  modification to the time-sharing schedule, so long as there is a
  104  determination that the modification is in the best interests of
  105  the child. Determination of the best interests of
  106  
  107  ================= T I T L E  A M E N D M E N T ================
  108  And the title is amended as follows:
  109         Delete lines 5 - 8
  110  and insert:
  111         exceptions; establishing the manner by which such
  112         presumption may be rebutted; requiring the court to
  113         evaluate certain factors and make specific written
  114         findings of fact under certain circumstances; revising
  115         requirements regarding modifying parental
  116         responsibility, a parenting plan, or a time-sharing
  117         schedule; authorizing the court to consider, under
  118         certain circumstances, a specified move of a parent to
  119         be a substantial and material change in circumstances
  120         for certain purposes; providing