ENROLLED
       2023 Legislature                            CS for CS for SB 130
       
       
       
       
       
       
                                                              2023130er
    1  
    2         An act relating to domestic violence; providing a
    3         short title; amending s. 61.13, F.S.; requiring the
    4         court with jurisdiction over the proceeding to
    5         consider certain factors in deciding whether shared
    6         parental responsibility is detrimental to the child;
    7         making technical and conforming changes; providing
    8         additional conduct regarding domestic violence which
    9         the court must consider when ordering a parenting
   10         plan; amending s. 741.30, F.S.; providing an
   11         additional factor that the court must consider in
   12         determining whether a petitioner of a domestic
   13         violence injunction is in imminent danger; conforming
   14         a provision to changes made by the act; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as “Greyson’s Law.”
   20         Section 2. Paragraph (c) of subsection (2) and paragraph
   21  (m) of subsection (3) of section 61.13, Florida Statutes, are
   22  amended to read:
   23         61.13 Support of children; parenting and time-sharing;
   24  powers of court.—
   25         (2)
   26         (c) The court shall determine all matters relating to
   27  parenting and time-sharing of each minor child of the parties in
   28  accordance with the best interests of the child and in
   29  accordance with the Uniform Child Custody Jurisdiction and
   30  Enforcement Act, except that modification of a parenting plan
   31  and time-sharing schedule requires a showing of a substantial,
   32  material, and unanticipated change of circumstances.
   33         1. It is the public policy of this state that each minor
   34  child has frequent and continuing contact with both parents
   35  after the parents separate or the marriage of the parties is
   36  dissolved and to encourage parents to share the rights and
   37  responsibilities, and joys, of childrearing. Except as otherwise
   38  provided in this paragraph, there is no presumption for or
   39  against the father or mother of the child or for or against any
   40  specific time-sharing schedule when creating or modifying the
   41  parenting plan of the child.
   42         2. The court shall order that the parental responsibility
   43  for a minor child be shared by both parents unless the court
   44  finds that shared parental responsibility would be detrimental
   45  to the child. In determining detriment to the child, the court
   46  shall consider:
   47         a.Evidence of domestic violence, as defined in s. 741.28;
   48         b.Whether either parent has or has had reasonable cause to
   49  believe that he or she or his or her minor child or children are
   50  or have been in imminent danger of becoming victims of an act of
   51  domestic violence as defined in s. 741.28 or sexual violence as
   52  defined in s. 784.046(1)(c) by the other parent against the
   53  parent or against the child or children whom the parents share
   54  in common regardless of whether a cause of action has been
   55  brought or is currently pending in the court;
   56         c.Whether either parent has or has had reasonable cause to
   57  believe that his or her minor child or children are or have been
   58  in imminent danger of becoming victims of an act of abuse as
   59  defined in s. 39.01(2), abandonment as defined in s. 39.01(1),
   60  or neglect as defined in s. 39.01(50) by the other parent
   61  against the child or children whom the parents share in common
   62  regardless of whether a cause of action has been brought or is
   63  currently pending in the court; and
   64         d.Any other relevant factors.
   65         3. The following evidence creates a rebuttable presumption
   66  that shared parental responsibility is detrimental of detriment
   67  to the child:
   68         a. A parent has been convicted of a misdemeanor of the
   69  first degree or higher involving domestic violence, as defined
   70  in s. 741.28 and chapter 775;
   71         b. A parent meets the criteria of s. 39.806(1)(d); or
   72         c. A parent has been convicted of or had adjudication
   73  withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
   74  at the time of the offense:
   75         (I) The parent was 18 years of age or older.
   76         (II) The victim was under 18 years of age or the parent
   77  believed the victim to be under 18 years of age.
   78  
   79  If the presumption is not rebutted after the convicted parent is
   80  advised by the court that the presumption exists, shared
   81  parental responsibility, including time-sharing with the child,
   82  and decisions made regarding the child, may not be granted to
   83  the convicted parent. However, the convicted parent is not
   84  relieved of any obligation to provide financial support. If the
   85  court determines that shared parental responsibility would be
   86  detrimental to the child, it may order sole parental
   87  responsibility and make such arrangements for time-sharing as
   88  specified in the parenting plan as will best protect the child
   89  or abused spouse from further harm. Whether or not there is a
   90  conviction of any offense of domestic violence or child abuse or
   91  the existence of an injunction for protection against domestic
   92  violence, the court shall consider evidence of domestic violence
   93  or child abuse as evidence of detriment to the child.
   94         4.3. In ordering shared parental responsibility, the court
   95  may consider the expressed desires of the parents and may grant
   96  to one party the ultimate responsibility over specific aspects
   97  of the child’s welfare or may divide those responsibilities
   98  between the parties based on the best interests of the child.
   99  Areas of responsibility may include education, health care, and
  100  any other responsibilities that the court finds unique to a
  101  particular family.
  102         5.4. The court shall order sole parental responsibility for
  103  a minor child to one parent, with or without time-sharing with
  104  the other parent if it is in the best interests of the minor
  105  child.
  106         6.5. There is a rebuttable presumption against granting
  107  time-sharing with a minor child if a parent has been convicted
  108  of or had adjudication withheld for an offense enumerated in s.
  109  943.0435(1)(h)1.a., and at the time of the offense:
  110         a. The parent was 18 years of age or older.
  111         b. The victim was under 18 years of age or the parent
  112  believed the victim to be under 18 years of age.
  113  
  114  A parent may rebut the presumption upon a specific finding in
  115  writing by the court that the parent poses no significant risk
  116  of harm to the child and that time-sharing is in the best
  117  interests of the minor child. If the presumption is rebutted,
  118  the court must shall consider all time-sharing factors in
  119  subsection (3) when developing a time-sharing schedule.
  120         7.6. Access to records and information pertaining to a
  121  minor child, including, but not limited to, medical, dental, and
  122  school records, may not be denied to either parent. Full rights
  123  under this subparagraph apply to either parent unless a court
  124  order specifically revokes these rights, including any
  125  restrictions on these rights as provided in a domestic violence
  126  injunction. A parent having rights under this subparagraph has
  127  the same rights upon request as to form, substance, and manner
  128  of access as are available to the other parent of a child,
  129  including, without limitation, the right to in-person
  130  communication with medical, dental, and education providers.
  131         (3) For purposes of establishing or modifying parental
  132  responsibility and creating, developing, approving, or modifying
  133  a parenting plan, including a time-sharing schedule, which
  134  governs each parent’s relationship with his or her minor child
  135  and the relationship between each parent with regard to his or
  136  her minor child, the best interest of the child shall be the
  137  primary consideration. A determination of parental
  138  responsibility, a parenting plan, or a time-sharing schedule may
  139  not be modified without a showing of a substantial, material,
  140  and unanticipated change in circumstances and a determination
  141  that the modification is in the best interests of the child.
  142  Determination of the best interests of the child shall be made
  143  by evaluating all of the factors affecting the welfare and
  144  interests of the particular minor child and the circumstances of
  145  that family, including, but not limited to:
  146         (m) Evidence of domestic violence, sexual violence, child
  147  abuse, child abandonment, or child neglect or evidence that a
  148  parent has or has had reasonable cause to believe that he or she
  149  or his or her minor child or children are in imminent danger of
  150  becoming victims of an act of domestic violence, regardless of
  151  whether a prior or pending action relating to those issues has
  152  been brought. If the court accepts evidence of prior or pending
  153  actions regarding domestic violence, sexual violence, child
  154  abuse, child abandonment, or child neglect, the court must
  155  specifically acknowledge in writing that such evidence was
  156  considered when evaluating the best interests of the child.
  157         Section 3. Paragraph (b) of subsection (3) and paragraph
  158  (b) of subsection (6) of section 741.30, Florida Statutes, are
  159  amended to read:
  160         741.30 Domestic violence; injunction; powers and duties of
  161  court and clerk; petition; notice and hearing; temporary
  162  injunction; issuance of injunction; statewide verification
  163  system; enforcement; public records exemption.—
  164         (3)
  165         (b) The sworn petition shall be in substantially the
  166  following form:
  167  
  168                            PETITION FOR                           
  169                      INJUNCTION FOR PROTECTION                    
  170                      AGAINST DOMESTIC VIOLENCE                    
  171  
  172  Before me, the undersigned authority, personally appeared
  173  Petitioner ...(Name)..., who has been sworn and says that the
  174  following statements are true:
  175         (a) Petitioner resides at: ...(address)...
  176         (Petitioner may furnish address to the court in a separate
  177  confidential filing if, for safety reasons, the petitioner
  178  requires the location of the current residence to be
  179  confidential.)
  180         (b) Respondent resides at: ...(last known address)...
  181         (c) Respondent’s last known place of employment: ...(name
  182  of business and address)...
  183         (d) Physical description of respondent:..................
  184         Race........
  185         Sex........
  186         Date of birth........
  187         Height........
  188         Weight........
  189         Eye color........
  190         Hair color........
  191         Distinguishing marks or scars........
  192         (e) Aliases of respondent:...............................
  193         (f) Respondent is the spouse or former spouse of the
  194  petitioner or is any other person related by blood or marriage
  195  to the petitioner or is any other person who is or was residing
  196  within a single dwelling unit with the petitioner, as if a
  197  family, or is a person with whom the petitioner has a child in
  198  common, regardless of whether the petitioner and respondent are
  199  or were married or residing together, as if a family.
  200         (g) The following describes any other cause of action
  201  currently pending between the petitioner and respondent:........
  202  ................................................................
  203         The petitioner should also describe any previous or pending
  204  attempts by the petitioner to obtain an injunction for
  205  protection against domestic violence in this or any other
  206  circuit, and the results of that attempt:.......................
  207  ................................................................
  208  Case numbers should be included if available.
  209         (h) Petitioner is either a victim of domestic violence or
  210  has reasonable cause to believe he or she is in imminent danger
  211  of becoming a victim of domestic violence because respondent
  212  has: ...(mark all sections that apply and describe in the spaces
  213  below the incidents of violence or threats of violence,
  214  specifying when and where they occurred, including, but not
  215  limited to, locations such as a home, school, place of
  216  employment, or visitation exchange)...
  217         .........................................................
  218         .........................................................
  219         ....committed or threatened to commit domestic violence
  220  defined in s. 741.28, Florida Statutes, as any assault,
  221  aggravated assault, battery, aggravated battery, sexual assault,
  222  sexual battery, stalking, aggravated stalking, kidnapping, false
  223  imprisonment, or any criminal offense resulting in physical
  224  injury or death of one family or household member by another.
  225  With the exception of persons who are parents of a child in
  226  common, the family or household members must be currently
  227  residing or have in the past resided together in the same single
  228  dwelling unit.
  229         ....previously threatened, harassed, stalked, or physically
  230  abused the petitioner.
  231         ....attempted to harm the petitioner or family members or
  232  individuals closely associated with the petitioner.
  233         ....threatened to conceal, kidnap, or harm the petitioner’s
  234  child or children.
  235         ....intentionally injured or killed a family pet.
  236         ....used, or has threatened to use, against the petitioner
  237  any weapons such as guns or knives.
  238         ....physically restrained the petitioner from leaving the
  239  home or calling law enforcement.
  240         ....a criminal history involving violence or the threat of
  241  violence (if known).
  242         ....another order of protection issued against him or her
  243  previously or from another jurisdiction (if known).
  244         ....destroyed personal property, including, but not limited
  245  to, telephones or other communication equipment, clothing, or
  246  other items belonging to the petitioner.
  247         ....engaged in a pattern of abusive, threatening,
  248  intimidating, or controlling behavior composed of a series of
  249  acts over a period of time, however short.
  250         ....engaged in any other behavior or conduct that leads the
  251  petitioner to have reasonable cause to believe he or she is in
  252  imminent danger of becoming a victim of domestic violence.
  253         (i) Petitioner alleges the following additional specific
  254  facts: ...(mark appropriate sections)...
  255         ....A minor child or minor children reside with the
  256  petitioner whose names and ages are as follows:	
  257  	
  258         ....Petitioner needs the exclusive use and possession of
  259  the dwelling that the parties share.
  260         ....Petitioner is unable to obtain safe alternative housing
  261  because:	
  262  	
  263         ....Petitioner genuinely fears that respondent imminently
  264  will abuse, remove, or hide the minor child or children from
  265  petitioner because:	
  266  	
  267         (j) Petitioner genuinely fears imminent domestic violence
  268  by respondent.
  269         (k) Petitioner seeks an injunction: ...(mark appropriate
  270  section or sections)...
  271         ....Immediately restraining the respondent from committing
  272  any acts of domestic violence.
  273         ....Restraining the respondent from committing any acts of
  274  domestic violence.
  275         ....Awarding to the petitioner the temporary exclusive use
  276  and possession of the dwelling that the parties share or
  277  excluding the respondent from the residence of the petitioner.
  278         ....Providing a temporary parenting plan, including a
  279  temporary time-sharing schedule, with regard to the minor child
  280  or children of the parties which might involve prohibiting or
  281  limiting time-sharing or requiring that it be supervised by a
  282  third party.
  283         ....Establishing temporary support for the minor child or
  284  children or the petitioner.
  285         ....Directing the respondent to participate in a batterers’
  286  intervention program.
  287         ....Providing any terms the court deems necessary for the
  288  protection of a victim of domestic violence, or any minor
  289  children of the victim, including any injunctions or directives
  290  to law enforcement agencies.
  291         (6)
  292         (b) In determining whether a petitioner has reasonable
  293  cause to believe he or she is in imminent danger of becoming a
  294  victim of domestic violence, the court shall consider and
  295  evaluate all relevant factors alleged in the petition,
  296  including, but not limited to:
  297         1. The history between the petitioner and the respondent,
  298  including threats, harassment, stalking, and physical abuse.
  299         2. Whether the respondent has attempted to harm the
  300  petitioner or family members or individuals closely associated
  301  with the petitioner.
  302         3. Whether the respondent has threatened to conceal,
  303  kidnap, or harm the petitioner’s child or children.
  304         4. Whether the respondent has intentionally injured or
  305  killed a family pet.
  306         5. Whether the respondent has used, or has threatened to
  307  use, against the petitioner any weapons such as guns or knives.
  308         6. Whether the respondent has physically restrained the
  309  petitioner from leaving the home or calling law enforcement.
  310         7. Whether the respondent has a criminal history involving
  311  violence or the threat of violence.
  312         8. The existence of a verifiable order of protection issued
  313  previously or from another jurisdiction.
  314         9. Whether the respondent has destroyed personal property,
  315  including, but not limited to, telephones or other
  316  communications equipment, clothing, or other items belonging to
  317  the petitioner.
  318         10. Whether the respondent has or had engaged in a pattern
  319  of abusive, threatening, intimidating, or controlling behavior
  320  composed of a series of acts over a period of time, however
  321  short, which evidences a continuity of purpose and which
  322  reasonably causes the petitioner to believe that the petitioner
  323  or his or her minor child or children are in imminent danger of
  324  becoming victims of any act of domestic violence.
  325         11. Whether the respondent engaged in any other behavior or
  326  conduct that leads the petitioner to have reasonable cause to
  327  believe that he or she is in imminent danger of becoming a
  328  victim of domestic violence.
  329  
  330  In making its determination under this paragraph, the court is
  331  not limited to those factors enumerated in subparagraphs 1.-11.
  332  1.-10.
  333         Section 4. This act shall take effect July 1, 2023.