Florida Senate - 2023 SB 1292 By Senator Jones 34-01428-23 20231292__ Page 1 of 7 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to parenting plans; amending s. 61.13, 2 F.S.; creating a presumption that equal time-sharing 3 is in the best interests of the child, with 4 exceptions; creating a presumption for purposes of 5 modifying a parenting plan and time-sharing

schedule 6 regarding relocation of a parent; providing an 7 effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11

Section 1. Paragraph (

c) of subsection (2) and subsection 12 (3) of

section 61.13, Florida Statutes, are amended to read: 13 61.13 Support of children; parenting and time-sharing; 14 powers of court.— 15 (2) 16 (

c) The court shall determine all matters relating to 17 parenting and time-sharing of each minor child of the parties in 18 accordance with the best interests of the child and in 19 accordance with the Uniform Child Custody Jurisdiction and 20 Enforcement Act, except that modification of a parenting plan 21 and time-sharing

schedule requires a showing of a substantial, 22 material, and unanticipated change of circumstances. 23 1. It is the public policy of this state that each minor 24 child has frequent and continuing contact with both parents 25 after the parents separate or the marriage of the parties is 26 dissolved and to encourage parents to share the rights and 27 responsibilities, and joys, of childrearing. Unless otherwise 28 provided in this

section or agreed to by the parties, there is a 29

Florida Senate - 2023 SB 1292 34-01428-23 20231292__ Page 2 of 7 CODING: Words stricken are deletions; words underlined are additions. presumption that equal time-sharing of a minor child is in the 30 best interests of the minor child who is common to the parties 31 Except as otherwise provided in this paragraph, there is no 32 presumption for or against the father or mother of the child or 33 for or against any specific time-sharing

schedule when creating 34 or modifying the parenting plan of the child. 35 2. The court shall order that the parental responsibility 36 for a minor child be shared by both parents unless the court 37 finds that shared parental responsibility would be detrimental 38 to the child. The following evidence creates a rebuttable 39 presumption of detriment to the child: 40 a. A parent has been convicted of a misdemeanor of the 41 first degree or higher involving domestic violence, as defined 42 in s. 741.28 and

chapter 775; 43 b. A parent meets the criteria of s. 39.806(1)(d); or 44 c. A parent has been convicted of or had adjudication 45 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 46 at the time of the offense: 47 (

I) The parent was 18 years of age or older. 48 (II) The victim was under 18 years of age or the parent 49 believed the victim to be under 18 years of age. 50 51 If the presumption is not rebutted after the convicted parent is 52 advised by the court that the presumption exists, shared 53 parental responsibility, including time-sharing with the child, 54 and decisions made regarding the child, may not be granted to 55 the convicted parent. However, the convicted parent is not 56 relieved of any obligation to provide financial support. If the 57 court determines that shared parental responsibility would be 58

Florida Senate - 2023 SB 1292 34-01428-23 20231292__ Page 3 of 7 CODING: Words stricken are deletions; words underlined are additions. detrimental to the child, it may order sole parental 59 responsibility and make such arrangements for time-sharing as 60 specified in the parenting plan as will best protect the child 61 or abused spouse from further harm.

Whether or not there is a 62 conviction of any offense of domestic violence or child abuse or 63 the existence of an injunction for protection against domestic 64 violence, the court shall consider evidence of domestic violence 65 or child abuse as evidence of detriment to the child. 66 3.

In ordering shared parental responsibility, the court 67 may consider the expressed desires of the parents and may grant 68 to one party the ultimate responsibility over specific aspects 69 of the child’s welfare or may divide those responsibilities 70 between the parties based on the best interests of the child. 71 Areas of responsibility may include education, health care, and 72 any other responsibilities that the court finds unique to a 73 particular family. 74 4.

The court shall order sole parental responsibility for a 75 minor child to one parent, with or without time-sharing with the 76 other parent if it is in the best interests of the minor child. 77 5. There is a rebuttable presumption against granting time-78 sharing with a minor child if a parent has been convicted of or 79 had adjudication withheld for an offense enumerated in s. 80 943.0435(1)(h)1.a., and at the time of the offense: 81 a. The parent was 18 years of age or older. 82 b.

The victim was under 18 years of age or the parent 83 believed the victim to be under 18 years of age. 84 85 A parent may rebut the presumption upon a specific finding in 86 writing by the court that the parent poses no significant risk 87

Florida Senate - 2023 SB 1292 34-01428-23 20231292__ Page 4 of 7 CODING: Words stricken are deletions; words underlined are additions. of harm to the child and that time-sharing is in the best 88 interests of the minor child. If the presumption is rebutted, 89 the court shall consider all time-sharing factors in subsection 90 (3) when developing a time-sharing schedule. 91 6. Access to records and information pertaining to a minor 92 child, including, but not limited to, medical, dental, and 93 school records, may not be denied to either parent.

Full rights 94 under this subparagraph apply to either parent unless a court 95 order specifically revokes these rights, including any 96 restrictions on these rights as provided in a domestic violence 97 injunction. A parent having rights under this subparagraph has 98 the same rights upon request as to form, substance, and manner 99 of access as are available to the other parent of a child, 100 including, without limitation, the right to in-person 101 communication with medical, dental, and education providers. 102

(3) For purposes of establishing or modifying parental 103 responsibility and creating, developing, approving, or modifying 104 a parenting plan, including a time-sharing schedule, which 105 governs each parent’s relationship with his or her minor child 106 and the relationship between each parent with regard to his or 107 her minor child, the best interest of the child shall be the 108 primary consideration. A determination of parental 109 responsibility, a parenting plan, or a time-sharing

schedule may 110 not be modified without a showing of a substantial, material, 111 and unanticipated change in circumstances and a determination 112 that the modification is in the best interests of the child. For 113 purposes of modifying a parenting plan and time-sharing 114 schedule, a parent’s permanent relocation from a residence more 115 than 50 miles from the primary residence of the child to a 116

Florida Senate - 2023 SB 1292 34-01428-23 20231292__ Page 5 of 7 CODING: Words stricken are deletions; words underlined are additions. residence within 50 miles of the primary residence of the child 117 is presumed to be a substantial, material, and unanticipated 118 change in circumstances. Determination of the best interests of 119 the child shall be made by evaluating all of the factors 120 affecting the welfare and interests of the particular minor 121 child and the circumstances of that family, including, but not 122 limited to: 123 (

a) The demonstrated capacity and disposition of each 124 parent to facilitate and encourage a close and continuing 125 parent-child relationship, to honor the time-sharing schedule, 126 and to be reasonable when changes are required. 127 (

b) The anticipated division of parental responsibilities 128 after the litigation, including the extent to which parental 129 responsibilities will be delegated to third parties. 130 (

c) The demonstrated capacity and disposition of each 131 parent to determine, consider, and act upon the needs of the 132 child as opposed to the needs or desires of the parent. 133 (

d) The length of time the child has lived in a stable, 134 satisfactory environment and the desirability of maintaining 135 continuity. 136 (

e) The geographic viability of the parenting plan, with 137 special attention paid to the needs of school-age children and 138 the amount of time to be spent traveling to effectuate the 139 parenting plan. This factor does not create a presumption for or 140 against relocation of either parent with a child. 141 (

f) The moral fitness of the parents. 142 (

g) The mental and physical health of the parents. 143 (

h) The home, school, and community record of the child. 144 (

i) The reasonable preference of the child, if the court 145

Florida Senate - 2023 SB 1292 34-01428-23 20231292__ Page 6 of 7 CODING: Words stricken are deletions; words underlined are additions. deems the child to be of sufficient intelligence, understanding, 146 and experience to express a preference. 147 (

j) The demonstrated knowledge, capacity, and disposition 148 of each parent to be informed of the circumstances of the minor 149 child, including, but not limited to, the child’s friends, 150 teachers, medical care providers, daily activities, and favorite 151 things. 152 (

k) The demonstrated capacity and disposition of each 153 parent to provide a consistent routine for the child, such as 154 discipline, and daily schedules for homework, meals, and 155 bedtime. 156 (

l) The demonstrated capacity of each parent to communicate 157 with and keep the other parent informed of issues and activities 158 regarding the minor child, and the willingness of each parent to 159 adopt a unified front on all major issues when dealing with the 160 child. 161 (

m) Evidence of domestic violence, sexual violence, child 162 abuse, child abandonment, or child neglect, regardless of 163 whether a prior or pending action relating to those issues has 164 been brought. If the court accepts evidence of prior or pending 165 actions regarding domestic violence, sexual violence, child 166 abuse, child abandonment, or child neglect, the court must 167 specifically acknowledge in writing that such evidence was 168 considered when evaluating the best interests of the child. 169 (

n) Evidence that either parent has knowingly provided 170 false information to the court regarding any prior or pending 171 action regarding domestic violence, sexual violence, child 172 abuse, child abandonment, or child neglect. 173 (

o) The particular parenting tasks customarily performed by 174

Florida Senate - 2023 SB 1292 34-01428-23 20231292__ Page 7 of 7 CODING: Words stricken are deletions; words underlined are additions. each parent and the division of parental responsibilities before 175 the institution of litigation and during the pending litigation, 176 including the extent to which parenting responsibilities were 177 undertaken by third parties. 178 (

p) The demonstrated capacity and disposition of each 179 parent to participate and be involved in the child’s school and 180 extracurricular activities. 181 (

q) The demonstrated capacity and disposition of each 182 parent to maintain an environment for the child which is free 183 from substance abuse. 184 (

r) The capacity and disposition of each parent to protect 185 the child from the ongoing litigation as demonstrated by not 186 discussing the litigation with the child, not sharing documents 187 or electronic media related to the litigation with the child, 188 and refraining from disparaging comments about the other parent 189 to the child. 190 (

s) The developmental stages and needs of the child and the 191 demonstrated capacity and disposition of each parent to meet the 192 child’s developmental needs. 193 (

t) Any other factor that is relevant to the determination 194 of a specific parenting plan, including the time-sharing 195 schedule. 196

Section 2. This act shall take effect July 1, 2023. 197