Florida 2022 Regular Session

Florida House Bill H0781 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 781 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0781-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to domestic violence and parental 2
16	16	responsibility determinations; providing a short 3
17	17	title; amending s. 61.046, F.S.; providing a 4
18	18	definition; amending s. 61.13, F.S.; requiring a court 5
19	19	to order shared parental responsibility if it is found 6
20	20	to be in the best interests of the child based on 7
21	21	certain factors; providing that clear and convincing 8
22	22	evidence of certain conduct creates a rebuttable 9
23	23	presumption that shared parental responsibility is not 10
24	24	in the best interests of the child; providing 11
25	25	additional conduct that may create a rebuttable 12
26	26	presumption against shared parental responsibility; 13
27	27	authorizing a parent to rebut such presumption if 14
28	28	specified criteria are met; requiring the court to 15
29	29	consider all time-sharing factors when developing the 16
30	30	time-sharing schedule if such presumption is rebutted; 17
31	31	providing for sole parental responsibility with 18
32	32	specified time-sharing arrangements under certain 19
33	33	circumstances; removing the requirement for the court 20
34	34	to consider certain evidence regardless of whether 21
35	35	there is a conviction; revising and providing factors 22
36	36	that the court must consider when determining the best 23
37	37	interests of the child; making technical and 24
38	38	conforming changes; amending s. 414.0252, F.S.; 25
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40	40	HB 781 2022
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45	45	hb0781-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	conforming provisions to changes made by the act; 26
52	52	amending s. 741.28, F.S.; providing and revising 27
53	53	definitions; amending s. 741.30, F.S.; requiring the 28
54	54	instructions for certain petition forms to contain 29
55	55	specified information; revising the form for a 30
56	56	Petition for Injunction for Protection Against 31
57	57	Domestic Violence to require the inclusion of certain 32
58	58	information; amending ss. 921.0024, 943.0584, and 33
59	59	943.171, F.S.; conforming cross -references; providing 34
60	60	an effective date. 35
61	61	36
62	62	Be It Enacted by the Legislature of the State of Florida: 37
63	63	38
64	64	Section 1. This act may be cited as "Greyson's Law." 39
65	65	Section 2. Subsections (2) through (23) of section 61.046, 40
66	66	Florida Statutes, are renumbered as subsections (3) through 41
67	67	(24), respectively, and a new subsection (2) is added to that 42
68	68	section to read: 43
69	69	61.046 Definitions. —As used in this chapter, the term: 44
70	70	(2) "Child" has the same meaning as in s. 39.01(11). 45
71	71	Section 3. Paragraphs (n) through (s) and (t) of 46
72	72	subsection (3) of section 61.13, Florida Statutes, are 47
73	73	redesignated as paragraphs (m) through (r) and (u), 48
74	74	respectively, paragraph (c) of subsection (2) and present 49
75	75	paragraph (m) of subsection (3) are amended, and new paragraphs 50
76	76
77	77	HB 781 2022
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	(s) and (t) are added to subsection (3) of that section, to 51
89	89	read: 52
90	90	61.13 Support of children; parenting and time -sharing; 53
91	91	powers of court.— 54
92	92	(2) 55
93	93	(c) The court shall determine all matters relating to 56
94	94	parenting and time-sharing of each minor child of the parties in 57
95	95	accordance with the best interests of the child and in 58
96	96	accordance with the Uniform Child Custody Jurisdiction and 59
97	97	Enforcement Act, excep t that modification of a parenting plan 60
98	98	and time-sharing schedule requires a showing of a substantial, 61
99	99	material, and unanticipated change of circumstances. 62
100	100	1. It is the public policy of this state that each minor 63
101	101	child has frequent and continuing contact with both parents 64
102	102	after the parents separate or the marriage of the parties is 65
103	103	dissolved and to encourage parents to share the rights and 66
104	104	responsibilities, and joys, of childrearing. Except as otherwise 67
105	105	provided in this paragraph, there is no presumption for or 68
106	106	against the father or mother of the child or for or against any 69
107	107	specific time-sharing schedule when creating or modifying the 70
108	108	parenting plan of the child. 71
109	109	2. The court shall order that the parental responsibility 72
110	110	for a minor child be shared by bot h parents if determined to be 73
111	111	in the best interests of the child based on reasonable factors, 74
112	112	including, but not limited to, the time -sharing factors in 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123	123
124	124
125	125	subsection (3), unless the court finds that shared parental 76
126	126	responsibility would be detrimental to the child. There is The 77
127	127	following evidence creates a rebuttable presumption that shared 78
128	128	parental responsibility is not in the best interests of the 79
129	129	child and would be detrimental of detriment to the child if it 80
130	130	is proven by clear and convincing evidence that : 81
131	131	a. A parent has been convicted of a misdemeanor of the 82
132	132	first degree or higher involving domestic violence, as defined 83
133	133	in s. 741.28 and chapter 775; 84
134	134	b. A parent meets the criteria of s. 39.806(1)(d); or 85
135	135	c. A parent has been convicted of or had adjudication 86
136	136	withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 87
137	137	at the time of the offense: 88
138	138	(I) The parent was 18 years of age or older. 89
139	139	(II) The victim was under 18 years of age or the parent 90
140	140	believed the victim to be under 18 years of a ge; 91
141	141	d. A parent or child has reasonable cause to believe he or 92
142	142	she is in imminent danger of becoming a victim of domestic 93
143	143	violence, as defined in s. 741.28, caused by the other parent 94
144	144	upon a review of all relevant factors, including, but not 95
145	145	limited to, the factors in s. 741.30(6)(b); or 96
146	146	e. There is alleged domestic violence, as defined in s. 97
147	147	741.28; sexual violence, as defined in s. 784.046(1)(c); child 98
148	148	abuse, as defined in s. 39.01(2); child abandonment, as defined 99
149	149	in s. 39.01(1); or child neglect, as defined in s. 39.01(50), by 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	a parent, regardless of whether a cause of action has been 101
163	163	brought or is currently pending in the court . 102
164	164	103
165	165	A parent may rebut the presumption that shared parental 104
166	166	responsibility is not in the best interests of the child upon a 105
167	167	specific finding in writing by the court that the parent poses 106
168	168	no significant risk of harm to the child and that time -sharing 107
169	169	is in the best interests of the child. If the presumption is 108
170	170	rebutted, the court shall consider all time -sharing factors in 109
171	171	subsection (3) when developing the time -sharing schedule. 110
172	172	3. If the presumption is not rebutted after the offending 111
173	173	convicted parent is advised by the court that the presumption 112
174	174	exists, shared parental responsibility, including time -sharing 113
175	175	with the child, and decisions made regarding the child, may not 114
176	176	be granted to the offending convicted parent. However, the 115
177	177	offending convicted parent is not relieved of any obligation to 116
178	178	provide financial support. 117
179	179	4. If the court determines that shared parental 118
180	180	responsibility would be detrimental to the child based on 119
181	181	factors other than those in subparagraph 2. , it may order sole 120
182	182	parental responsibility for the child to one parent and make 121
183	183	such arrangements for time -sharing as specified in the parenting 122
184	184	plan that as will best protect the child or parent, including, 123
185	185	but not limited to, supervised visitation by a third party at 124
186	186	the expense of the parent without sole parental responsibility 125
187	187
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
198	198
199	199	or a designated location in which to pick up and drop off the 126
200	200	child abused spouse from fu rther harm. Whether or not there is a 127
201	201	conviction of any offense of domestic violence or child abuse or 128
202	202	the existence of an injunction for protection against domestic 129
203	203	violence, the court shall consider evidence of domestic violence 130
204	204	or child abuse as evidenc e of detriment to the child. 131
205	205	5.3. In ordering shared parental responsibility, the court 132
206	206	may consider the expressed desires of the parents and may grant 133
207	207	to one party the ultimate responsibility over specific aspects 134
208	208	of the child's welfare or may divide th ose responsibilities 135
209	209	between the parties based on the best interests of the child. 136
210	210	Areas of responsibility may include education, health care, and 137
211	211	any other responsibilities that the court finds unique to a 138
212	212	particular family. 139
213	213	6.4. The court shall order s ole parental responsibility 140
214	214	for a minor child to one parent, with or without time -sharing 141
215	215	with the other parent if it is in the best interests of the 142
216	216	minor child. 143
217	217	7.5. There is a rebuttable presumption against granting 144
218	218	time-sharing with a minor child if a parent has been convicted 145
219	219	of or had adjudication withheld for an offense enumerated in s. 146
220	220	943.0435(1)(h)1.a., and at the time of the offense: 147
221	221	a. The parent was 18 years of age or older. 148
222	222	b. The victim was under 18 years of age or the parent 149
223	223	believed the victim to be under 18 years of age. 150
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229	229	CODING: Words stricken are deletions; words underlined are additions.
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	151
237	237	A parent may rebut the presumption upon a specific finding in 152
238	238	writing by the court that the parent poses no significant risk 153
239	239	of harm to the child and that time -sharing is in the best 154
240	240	interests of the minor child. If the presumption is rebutted, 155
241	241	the court shall consider all time -sharing factors in subsection 156
242	242	(3) when developing a time -sharing schedule. 157
243	243	8.6. Access to records and information pertaining to a 158
244	244	minor child, including, but not limited to, medical , dental, and 159
245	245	school records, may not be denied to either parent. Full rights 160
246	246	under this subparagraph apply to either parent unless a court 161
247	247	order specifically revokes these rights, including any 162
248	248	restrictions on these rights as provided in a domestic violen ce 163
249	249	injunction. A parent having rights under this subparagraph has 164
250	250	the same rights upon request as to form, substance, and manner 165
251	251	of access as are available to the other parent of a child, 166
252	252	including, without limitation, the right to in -person 167
253	253	communication with medical, dental, and education providers. 168
254	254	(3) For purposes of establishing or modifying parental 169
255	255	responsibility and creating, developing, approving, or modifying 170
256	256	a parenting plan, including a time -sharing schedule, which 171
257	257	governs each parent's relati onship with his or her minor child 172
258	258	and the relationship between each parent with regard to his or 173
259	259	her minor child, the best interest of the child shall be the 174
260	260	primary consideration. A determination of parental 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
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273	273	responsibility, a parenting plan, or a time -sharing schedule may 176
274	274	not be modified without a showing of a substantial, material, 177
275	275	and unanticipated change in circumstances and a determination 178
276	276	that the modification is in the best interests of the child. 179
277	277	Determination of the best interests of the child sha ll be made 180
278	278	by evaluating all of the factors affecting the welfare and 181
279	279	interests of the particular minor child and the circumstances of 182
280	280	that family, including, but not limited to: 183
281	281	(s) Whether and to what extent the child has developed a 184
282	282	relationship with either parent and the nature of any bond that 185
283	283	has been established between such parent and the child, 186
284	284	including, but not limited to, whether the child has expressed 187
285	285	or exhibited behavior which suggests that the child fears for 188
286	286	his or her safety or well -being while being in the care of the 189
287	287	other parent. Upon the request of one parent, and at that 190
288	288	parent's expense, the court may order an independent evaluation 191
289	289	by a psychiatrist licensed under chapter 458 or chapter 459 or a 192
290	290	psychologist licensed under chapter 490. 193
291	291	(t) Clear and convincing evidence that a parent has an 194
292	292	improper motive for seeking shared parental responsibility, and 195
293	293	whether such motive will negatively interfere with that parent's 196
294	294	ability to safely and effectively share parental 197
295	295	responsibilities. 198
296	296	(m) Evidence of domestic violence, sexual violence, child 199
297	297	abuse, child abandonment, or child neglect, regardless of 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308	308
309	309
310	310	whether a prior or pending action relating to those issues has 201
311	311	been brought. If the court accepts evidence of prior or pending 202
312	312	actions regarding domestic violence, sexual violence, child 203
313	313	abuse, child abandonment, or child neglect, the court must 204
314	314	specifically acknowledge in writing that such evidence was 205
315	315	considered when evaluating the best interests of the child. 206
316	316	Section 4. Subsection (4) of section 414.0252, Florida 207
317	317	Statutes, is amended to read: 208
318	318	414.0252 Definitions. —As used in ss. 414.025 -414.55, the 209
319	319	term: 210
320	320	(4) "Domestic violence" means coercive control or any 211
321	321	assault, aggravated assault, battery, aggravated battery, sexual 212
322	322	assault, sexual battery, stalking, aggravated stalking, 213
323	323	kidnapping, false imprisonment, or other any criminal offense 214
324	324	that results in the physical injury or death of one family or 215
325	325	household member by another. 216
326	326	Section 5. Subsections (1) through (4) of section 741.28, 217
327	327	Florida Statutes, are renumbered as subsections (2) through (5), 218
328	328	respectively, present subsection (2) is amended, and a new 219
329	329	subsection (1) is added to that section, to read: 220
330	330	741.28 Domestic violence; definitions. —As used in ss. 221
331	331	741.28-741.31: 222
332	332	(1) "Coercive control" means a pattern of threatening, 223
333	333	humiliating, or intimidating actions by one family or household 224
334	334	member against another family or household member, which actions 225
335	335
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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346	346
347	347	are used to harm, punish, or frighten the family or household 226
348	348	member and make him or her dependent on the other family or 227
349	349	household member by isolating, exploiting, or regulating him or 228
350	350	her. The term includes, but is not limited to: 229
351	351	(a) Isolating the family or household member from his or 230
352	352	her friends or family. 231
353	353	(b) Controlling the amount of money accessible to the 232
354	354	family or household member and how he or she spends such money. 233
355	355	(c) Monitoring the family or household member's 234
356	356	activities, communications, or movements. 235
357	357	(d) Frequently engaging in conduct meant to demean, 236
358	358	degrade, dehumanize, or embarrass the family or household 237
359	359	member. 238
360	360	(e) Threatening to cause physical harm to or kill a child 239
361	361	or relative of the family or household member. 240
362	362	(f) Threatening to publish false information or make false 241
363	363	reports to a law enfor cement officer or other law enforcement 242
364	364	personnel about the family or household member. 243
365	365	(g) Damaging the family or household member's property, 244
366	366	household goods, or personal effects. 245
367	367	(h) Forcing the family or household member to participate 246
368	368	in criminal activity. 247
369	369	(3)(2) "Domestic violence" means coercive control or any 248
370	370	assault, aggravated assault, battery, aggravated battery, sexual 249
371	371	assault, sexual battery, stalking, aggravated stalking, 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	kidnapping, false imprisonment, or other any criminal offense 251
385	385	resulting in physical injury or death of one family or household 252
386	386	member by another family or household member. 253
387	387	Section 6. Paragraph (c) of subsection (2) and paragraph 254
388	388	(b) of subsection (3) of section 741.30, Florida Statutes, are 255
389	389	amended to read: 256
390	390	741.30 Domestic violence; injunction; powers and duties of 257
391	391	court and clerk; petition; notice and hearing; temporary 258
392	392	injunction; issuance of injunction; statewide verification 259
393	393	system; enforcement; public records exemption. — 260
394	394	(2) 261
395	395	(c)1. The clerk of the court sha ll assist petitioners in 262
396	396	seeking both injunctions for protection against domestic 263
397	397	violence and enforcement for a violation thereof as specified in 264
398	398	this section. 265
399	399	2. All clerks' offices shall provide simplified petition 266
400	400	forms for the injunction, any modifi cations, and the enforcement 267
401	401	thereof, including instructions for completion. The instructions 268
402	402	must inform the petitioner that if he or she intends to seek an 269
403	403	injunction that prohibits or limits time -sharing between the 270
404	404	respondent and the child of the parti es, he or she must state 271
405	405	with specificity details regarding the circumstances that give 272
406	406	rise to the petitioner fearing that the respondent imminently 273
407	407	will abuse, remove, or hide the child from the petitioner. 274
408	408	3. The clerk of the court shall advise petiti oners of the 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	opportunity to apply for a certificate of indigence in lieu of 276
422	422	prepayment for the cost of the filing fee, as provided in 277
423	423	paragraph (a). 278
424	424	4. The clerk of the court shall ensure the petitioner's 279
425	425	privacy to the extent practical while completing the forms for 280
426	426	injunctions for protection against domestic violence. 281
427	427	5. The clerk of the court shall provide petitioners with a 282
428	428	minimum of two certified copies of the order of injunction, one 283
429	429	of which is serviceable and will inform the petitioner of the 284
430	430	process for service and enforcement. 285
431	431	6. Clerks of court and appropriate staff in each county 286
432	432	shall receive training in the effective assistance of 287
433	433	petitioners as provided or approved by the Florida Association 288
434	434	of Court Clerks. 289
435	435	7. The clerk of the court in each county shall make 290
436	436	available informational brochures on domestic violence when such 291
437	437	brochures are provided by local certified domestic violence 292
438	438	centers. 293
439	439	8. The clerk of the court in each county shall distribute 294
440	440	a statewide uniform informational br ochure to petitioners at the 295
441	441	time of filing for an injunction for protection against domestic 296
442	442	or repeat violence when such brochures become available. The 297
443	443	brochure must include information about the effect of giving the 298
444	444	court false information about domest ic violence. 299
445	445	(3) 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	(b) The sworn petition shall be in substantially the 301
459	459	following form: 302
460	460	PETITION FOR 303
461	461	INJUNCTION FOR PROTECTION 304
462	462	AGAINST DOMESTIC VIOLENCE 305
463	463	Before me, the undersigned authority, personally appeared 306
464	464	Petitioner ...(Name)..., who has been sworn and says that the 307
465	465	following statements are true: 308
466	466	(a) Petitioner resides at: ...(address)... 309
467	467	(Petitioner may furnish address to the court in a separate 310
468	468	confidential filing if, for safety reasons, the petitioner 311
469	469	requires the location of the current reside nce to be 312
470	470	confidential.) 313
471	471	(b) Respondent resides at: ...(last known address)... 314
472	472	(c) Respondent's last known place of employment: ...(name 315
473	473	of business and address)... 316
474	474	(d) Physical description of respondent: ................... 317
475	475	Race........ 318
476	476	Sex........ 319
477	477	Date of birth........ 320
478	478	Height........ 321
479	479	Weight........ 322
480	480	Eye color........ 323
481	481	Hair color........ 324
482	482	Distinguishing marks or scars........ 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	(e) Aliases of respondent: ............................... 326
496	496	(f) Respondent is the spouse or former spouse of the 327
497	497	petitioner or is any other person related by bl ood or marriage 328
498	498	to the petitioner or is any other person who is or was residing 329
499	499	within a single dwelling unit with the petitioner, as if a 330
500	500	family, or is a person with whom the petitioner has a child in 331
501	501	common, regardless of whether the petitioner and respo ndent are 332
502	502	or were married or residing together, as if a family. 333
503	503	(g) The following describes any other cause of action 334
504	504	currently pending between the petitioner and respondent: ........ 335
505	505	336
506	506	The petitioner should also describe any previous or pending 337
507	507	attempts by the petitioner to obtain an injunction for 338
508	508	protection against domestic violence in this or any other 339
509	509	circuit, and the results of that attempt: ....................... 340
510	510	341
511	511	Case numbers should be included if available. 342
512	512	(h) Petitioner is either a victim of domestic violence or 343
513	513	has reasonable cause to believe he or she is in imminent danger 344
514	514	of becoming a victim of domestic violence because respondent 345
515	515	has: ...(mark all sections that apply and describe in the spaces 346
516	516	below the incidents of violence or threats of violence, 347
517	517	specifying when and where they occurred, including, but not 348
518	518	limited to, locations such as a home, school, place of 349
519	519	employment, or visitation exchange)... 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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531	531
532	532	................................................................ 351
533	533	...................................................... .......... 352
534	534	....committed or threatened to commit domestic violence 353
535	535	defined in s. 741.28, Florida Statutes, as coercive control or 354
536	536	any assault, aggravated assault, battery, aggravated battery, 355
537	537	sexual assault, sexual battery, stalking, aggravated stalking, 356
538	538	kidnapping, false imprisonment, or other any criminal offense 357
539	539	resulting in physical injury or death of one family or household 358
540	540	member by another. With the exception of persons who are parents 359
541	541	of a child in common, the family or household members must be 360
542	542	currently residing or have in the past resided together in the 361
543	543	same single dwelling unit. 362
544	544	....previously threatened, harassed, stalked, or physically 363
545	545	abused the petitioner. 364
546	546	....attempted to harm the petitioner or family members or 365
547	547	individuals closely assoc iated with the petitioner. 366
548	548	....threatened to conceal, kidnap, or harm the petitioner's 367
549	549	child or children (provide details in paragraph (i) below) . 368
550	550	....intentionally injured or killed a family pet. 369
551	551	....used, or has threatened to use, against the petition er 370
552	552	any weapons such as guns or knives. 371
553	553	....physically restrained the petitioner from leaving the 372
554	554	home or calling law enforcement. 373
555	555	....a criminal history involving violence or the threat of 374
556	556	violence (if known). 375
557	557
558	558	HB 781 2022
559	559
560	560
561	561
562	562	CODING: Words stricken are deletions; words underlined are additions.
563	563	hb0781-00
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	....another order of protection issued agai nst him or her 376
570	570	previously or from another jurisdiction (if known). 377
571	571	....destroyed personal property, including, but not limited 378
572	572	to, telephones or other communication equipment, clothing, or 379
573	573	other items belonging to the petitioner. 380
574	574	....engaged in any other behavior or conduct that leads the 381
575	575	petitioner to have reasonable cause to believe he or she is in 382
576	576	imminent danger of becoming a victim of domestic violence. 383
577	577	(i) Petitioner alleges the following additional specific 384
578	578	facts: ...(mark appropriate sections).. . 385
579	579	....A minor child or minor children reside with the 386
580	580	petitioner whose names and ages are as follows: ................. 387
581	581	388
582	582	....Petitioner needs the exclusive use and possession of 389
583	583	the dwelling that the parties share. 390
584	584	....Petitioner is unable to obtain safe alternative housing 391
585	585	because: ................................ ...................... 392
586	586	393
587	587	....Petitioner genuinely fears that respondent imminently 394
588	588	will abuse, remove, or hide the minor child or children from 395
589	589	petitioner because: ...(describe any actions taken or threats 396
590	590	made by the respondent to cause such fear, including w here and 397
591	591	when the actions were taken or the threats were made, directly 398
592	592	or indirectly; whether and how the respondent failed to comply 399
593	593	with an existing parenting plan or time -sharing schedule; and 400
594	594
595	595	HB 781 2022
596	596
597	597
598	598
599	599	CODING: Words stricken are deletions; words underlined are additions.
600	600	hb0781-00
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	any actions taken or comments made by the child or children that 401
607	607	suggest the respondent has caused the child or children to fear 402
608	608	for his or her or their safety)... ............................ 403
609	609	(j) Petitioner genuinely fears imminent domestic violence 404
610	610	by respondent. 405
611	611	(k) Petitioner seeks an injunction: ...(mark appropriate 406
612	612	section or sections)... 407
613	613	....Immediately restraining the respondent from committing 408
614	614	any acts of domestic violence. 409
615	615	....Restraining the respondent from committing any acts of 410
616	616	domestic violence. 411
617	617	....Awarding to the petitioner the temporary exclusive use 412
618	618	and possession of the dwelling that the parties share or 413
619	619	excluding the respondent from the residence of the petitioner. 414
620	620	....Providing a temporary parenting plan, including a 415
621	621	temporary time-sharing schedule, with regard to the minor child 416
622	622	or children of the parties which m ight involve prohibiting or 417
623	623	limiting time-sharing or requiring that it be supervised by a 418
624	624	third party. 419
625	625	....Providing a temporary time -sharing schedule that 420
626	626	prohibits time-sharing between the respondent and the minor 421
627	627	child or children of the parties. 422
628	628	....Establishing temporary support for the minor child or 423
629	629	children or the petitioner. 424
630	630	....Directing the respondent to participate in a batterers' 425
631	631
632	632	HB 781 2022
633	633
634	634
635	635
636	636	CODING: Words stricken are deletions; words underlined are additions.
637	637	hb0781-00
638	638	Page 18 of 24
639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	intervention program. 426
644	644	....Providing any terms the court deems necessary for the 427
645	645	protection of a victim of domest ic violence, or any minor 428
646	646	children of the victim, including any injunctions or directives 429
647	647	to law enforcement agencies. 430
648	648	Section 7. Paragraph (b) of subsection (1) of section 431
649	649	921.0024, Florida Statutes, is amended to read: 432
650	650	921.0024 Criminal Punishment Code; worksheet computations; 433
651	651	scoresheets.— 434
652	652	(1) 435
653	653	(b) WORKSHEET KEY: 436
654	654	Legal status points are assessed when any form of legal status 437
655	655	existed at the time the offender committed an offense before the 438
656	656	court for sentencing. Four (4) sentence points are assesse d for 439
657	657	an offender's legal status. 440
658	658	Community sanction violation points are assessed when a 441
659	659	community sanction violation is before the court for sentencing. 442
660	660	Six (6) sentence points are assessed for each community sanction 443
661	661	violation and each successive commun ity sanction violation, 444
662	662	unless any of the following apply: 445
663	663	1. If the community sanction violation includes a new 446
664	664	felony conviction before the sentencing court, twelve (12) 447
665	665	community sanction violation points are assessed for the 448
666	666	violation, and for each s uccessive community sanction violation 449
667	667	involving a new felony conviction. 450
668	668
669	669	HB 781 2022
670	670
671	671
672	672
673	673	CODING: Words stricken are deletions; words underlined are additions.
674	674	hb0781-00
675	675	Page 19 of 24
676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	2. If the community sanction violation is committed by a 451
681	681	violent felony offender of special concern as defined in s. 452
682	682	948.06: 453
683	683	a. Twelve (12) community sanction violation points ar e 454
684	684	assessed for the violation and for each successive violation of 455
685	685	felony probation or community control where: 456
686	686	I. The violation does not include a new felony conviction; 457
687	687	and 458
688	688	II. The community sanction violation is not based solely 459
689	689	on the probationer or offender's failure to pay costs or fines 460
690	690	or make restitution payments. 461
691	691	b. Twenty-four (24) community sanction violation points 462
692	692	are assessed for the violation and for each successive violation 463
693	693	of felony probation or community control where the violation 464
694	694	includes a new felony conviction. 465
695	695	Multiple counts of community sanction violations before the 466
696	696	sentencing court shall not be a basis for multiplying the 467
697	697	assessment of community sanction violation points. 468
698	698	Prior serious felony points: If the offender has a pr imary 469
699	699	offense or any additional offense ranked in level 8, level 9, or 470
700	700	level 10, and one or more prior serious felonies, a single 471
701	701	assessment of thirty (30) points shall be added. For purposes of 472
702	702	this section, a prior serious felony is an offense in the 473
703	703	offender's prior record that is ranked in level 8, level 9, or 474
704	704	level 10 under s. 921.0022 or s. 921.0023 and for which the 475
705	705
706	706	HB 781 2022
707	707
708	708
709	709
710	710	CODING: Words stricken are deletions; words underlined are additions.
711	711	hb0781-00
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713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	offender is serving a sentence of confinement, supervision, or 476
718	718	other sanction or for which the offender's date of release from 477
719	719	confinement, supervision, or other sanction, whichever is later, 478
720	720	is within 3 years before the date the primary offense or any 479
721	721	additional offense was committed. 480
722	722	Prior capital felony points: If the offender has one or more 481
723	723	prior capital felonies in the offender's cri minal record, points 482
724	724	shall be added to the subtotal sentence points of the offender 483
725	725	equal to twice the number of points the offender receives for 484
726	726	the primary offense and any additional offense. A prior capital 485
727	727	felony in the offender's criminal record is a previous capital 486
728	728	felony offense for which the offender has entered a plea of nolo 487
729	729	contendere or guilty or has been found guilty; or a felony in 488
730	730	another jurisdiction which is a capital felony in that 489
731	731	jurisdiction, or would be a capital felony if the offense were 490
732	732	committed in this state. 491
733	733	Possession of a firearm, semiautomatic firearm, or machine gun: 492
734	734	If the offender is convicted of committing or attempting to 493
735	735	commit any felony other than those enumerated in s. 775.087(2) 494
736	736	while having in his or her possession: a firearm as defined in 495
737	737	s. 790.001(6), an additional eighteen (18) sentence points are 496
738	738	assessed; or if the offender is convicted of committing or 497
739	739	attempting to commit any felony other than those enumerated in 498
740	740	s. 775.087(3) while having in his or her posse ssion a 499
741	741	semiautomatic firearm as defined in s. 775.087(3) or a machine 500
742	742
743	743	HB 781 2022
744	744
745	745
746	746
747	747	CODING: Words stricken are deletions; words underlined are additions.
748	748	hb0781-00
749	749	Page 21 of 24
750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	gun as defined in s. 790.001(9), an additional twenty -five (25) 501
755	755	sentence points are assessed. 502
756	756	Sentencing multipliers: 503
757	757	Drug trafficking: If the primary offense is drug trafficking 504
758	758	under s. 893.135, the subtotal sentence points are multiplied, 505
759	759	at the discretion of the court, for a level 7 or level 8 506
760	760	offense, by 1.5. The state attorney may move the sentencing 507
761	761	court to reduce or suspend the sentence of a person convicted of 508
762	762	a level 7 or level 8 offense, if the offender provides 509
763	763	substantial assistance as described in s. 893.135(4). 510
764	764	Law enforcement protection: If the primary offense is a 511
765	765	violation of the Law Enforcement Protection Act under s. 512
766	766	775.0823(2), (3), or (4), the subtotal sentence poi nts are 513
767	767	multiplied by 2.5. If the primary offense is a violation of s. 514
768	768	775.0823(5), (6), (7), (8), or (9), the subtotal sentence points 515
769	769	are multiplied by 2.0. If the primary offense is a violation of 516
770	770	s. 784.07(3) or s. 775.0875(1), or of the Law Enforcemen t 517
771	771	Protection Act under s. 775.0823(10) or (11), the subtotal 518
772	772	sentence points are multiplied by 1.5. 519
773	773	Grand theft of a motor vehicle: If the primary offense is grand 520
774	774	theft of the third degree involving a motor vehicle and in the 521
775	775	offender's prior record, ther e are three or more grand thefts of 522
776	776	the third degree involving a motor vehicle, the subtotal 523
777	777	sentence points are multiplied by 1.5. 524
778	778	Offense related to a criminal gang: If the offender is convicted 525
779	779
780	780	HB 781 2022
781	781
782	782
783	783
784	784	CODING: Words stricken are deletions; words underlined are additions.
785	785	hb0781-00
786	786	Page 22 of 24
787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	of the primary offense and committed that offense for the 526
792	792	purpose of benefiting, promoting, or furthering the interests of 527
793	793	a criminal gang as defined in s. 874.03, the subtotal sentence 528
794	794	points are multiplied by 1.5. If applying the multiplier results 529
795	795	in the lowest permissible sentence exceeding the statutory 530
796	796	maximum sentence for the primary offense under chapter 775, the 531
797	797	court may not apply the multiplier and must sentence the 532
798	798	defendant to the statutory maximum sentence. 533
799	799	Domestic violence in the presence of a child: If the offender is 534
800	800	convicted of the primary offen se and the primary offense is a 535
801	801	crime of domestic violence, as defined in s. 741.28, which was 536
802	802	committed in the presence of a child under 16 years of age who 537
803	803	is a family or household member as defined in s. 741.28 s. 538
804	804	741.28(3) with the victim or perpetrator, the subtotal sentence 539
805	805	points are multiplied by 1.5. 540
806	806	Adult-on-minor sex offense: If the offender was 18 years of age 541
807	807	or older and the victim was younger than 18 years of age at the 542
808	808	time the offender committed the primary off ense, and if the 543
809	809	primary offense was an offense committed on or after October 1, 544
810	810	2014, and is a violation of s. 787.01(2) or s. 787.02(2), if the 545
811	811	violation involved a victim who was a minor and, in the course 546
812	812	of committing that violation, the defendant com mitted a sexual 547
813	813	battery under chapter 794 or a lewd act under s. 800.04 or s. 548
814	814	847.0135(5) against the minor; s. 787.01(3)(a)2. or 3.; s. 549
815	815	787.02(3)(a)2. or 3.; s. 794.011, excluding s. 794.011(10); s. 550
816	816
817	817	HB 781 2022
818	818
819	819
820	820
821	821	CODING: Words stricken are deletions; words underlined are additions.
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824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	800.04; or s. 847.0135(5), the subtotal sentence points are 551
829	829	multiplied by 2.0. If applying the multiplier results in the 552
830	830	lowest permissible sentence exceeding the statutory maximum 553
831	831	sentence for the primary offense under chapter 775, the court 554
832	832	may not apply the multiplier and must sentence the defendant to 555
833	833	the statutory maximum sentence. 556
834	834	Section 8. Paragraph (f) of subsection (2) of section 557
835	835	943.0584, Florida Statutes, is amended to read: 558
836	836	943.0584 Criminal history records ineligible for court -559
837	837	ordered expunction or court -ordered sealing.— 560
838	838	(2) A criminal history record is ineligible for a 561
839	839	certificate of eligibility for expunction or a court -ordered 562
840	840	expunction pursuant to s. 943.0585 or a certificate of 563
841	841	eligibility for sealing or a court -ordered sealing pursuant to 564
842	842	s. 943.059 if the record is a conviction for any of the 565
843	843	following offenses: 566
844	844	(f) Assault or battery, as defined in ss. 784.011 and 567
845	845	784.03, respectively, of one family or household member by 568
846	846	another family or household member, as defined in s. 741.28 s. 569
847	847	741.28(3); 570
848	848	Section 9. Paragraph (b) of subs ection (2) of section 571
849	849	943.171, Florida Statutes, is amended to read: 572
850	850	943.171 Basic skills training in handling domestic 573
851	851	violence cases.— 574
852	852	(2) As used in this section, the term: 575
853	853
854	854	HB 781 2022
855	855
856	856
857	857
858	858	CODING: Words stricken are deletions; words underlined are additions.
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861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	(b) "Household member" has the meaning set forth in s. 576
866	866	741.28 s. 741.28(3). 577
867	867	Section 10. This act shall take effect July 1, 2022. 578