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