Florida 2022 Regular Session

Florida House Bill H1155 Compare Versions

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

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3	3	HB 1155 2022
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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 time -sharing of a minor child; 2
16	16	amending ss. 61.13 and 409.25633, F.S.; providing a 3
17	17	presumption that equal time -sharing with both parents 4
18	18	is in the best interests of a minor child when 5
19	19	creating or modifying certain parenting plans; 6
20	20	providing an effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
23	23	10
24	24	Section 1. Paragraph (c) of subsection (2) of section 11
25	25	61.13, Florida Statutes, is amended to read: 12
26	26	61.13 Support of children; parenting and time -sharing; 13
27	27	powers of court.— 14
28	28	(2) 15
29	29	(c) The court shall determine all matters relating to 16
30	30	parenting and time-sharing of each minor child of the parties in 17
31	31	accordance with the best i nterests of the child and in 18
32	32	accordance with the Uniform Child Custody Jurisdiction and 19
33	33	Enforcement Act, except that modification of a parenting plan 20
34	34	and time-sharing schedule requires a showing of a substantial, 21
35	35	material, and unanticipated change of circu mstances. 22
36	36	1. It is the public policy of the this state that each 23
37	37	minor child has frequent and continuing contact with both 24
38	38	parents after the parents separate or the marriage of the 25
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40	40	HB 1155 2022
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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
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49	49
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51	51	parties is dissolved and to encourage parents to share the 26
52	52	rights and responsibilities, and joys, of childrearing. Except 27
53	53	as otherwise provided in this paragraph, There is a no 28
54	54	presumption that equal for or against the father or mother of 29
55	55	the child or for or against any specific time-sharing with both 30
56	56	parents is in the best int erests of the minor child schedule 31
57	57	when creating or modifying the parenting plan of the child. 32
58	58	2. The court shall order that the parental responsibility 33
59	59	for a minor child be shared by both parents unless the court 34
60	60	finds that shared parental responsibilit y would be detrimental 35
61	61	to the child. The following evidence creates a rebuttable 36
62	62	presumption of detriment to the child: 37
63	63	a. A parent has been convicted of a misdemeanor of the 38
64	64	first degree or higher involving domestic violence, as defined 39
65	65	in s. 741.28 and chapter 775; 40
66	66	b. A parent meets the criteria of s. 39.806(1)(d); or 41
67	67	c. A parent has been convicted of or had adjudication 42
68	68	withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 43
69	69	at the time of the offense: 44
70	70	(I) The parent was 18 years of age or older. 45
71	71	(II) The victim was under 18 years of age or the parent 46
72	72	believed the victim to be under 18 years of age. 47
73	73	48
74	74	If the presumption is not rebutted after the convicted parent is 49
75	75	advised by the court that the presumption exists, shared 50
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77	77	HB 1155 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
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88	88	parental responsibility, including time -sharing with the child, 51
89	89	and decisions made regarding the child, may not be granted to 52
90	90	the convicted parent. However, the convicted parent is not 53
91	91	relieved of any obligation to provide financial support. If the 54
92	92	court determines that shared parental responsibility would be 55
93	93	detrimental to the child, it may order sole parental 56
94	94	responsibility and make such arrangements for time -sharing as 57
95	95	specified in the parenting plan as will best protect the child 58
96	96	or abused spouse from further ha rm. Whether or not there is a 59
97	97	conviction of any offense of domestic violence or child abuse or 60
98	98	the existence of an injunction for protection against domestic 61
99	99	violence, the court shall consider evidence of domestic violence 62
100	100	or child abuse as evidence of det riment to the child. 63
101	101	3. In ordering shared parental responsibility, the court 64
102	102	may consider the expressed desires of the parents and may grant 65
103	103	to one party the ultimate responsibility over specific aspects 66
104	104	of the child's welfare or may divide those respon sibilities 67
105	105	between the parties based on the best interests of the child. 68
106	106	Areas of responsibility may include education, health care, and 69
107	107	any other responsibilities that the court finds unique to a 70
108	108	particular family. 71
109	109	4. The court shall order sole parental responsibility for 72
110	110	a minor child to one parent, with or without time -sharing with 73
111	111	the other parent if it is in the best interests of the minor 74
112	112	child. 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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125	125	5. There is a rebuttable presumption against granting 76
126	126	time-sharing with a minor child if a parent has b een convicted 77
127	127	of or had adjudication withheld for an offense enumerated in s. 78
128	128	943.0435(1)(h)1.a., and at the time of the offense: 79
129	129	a. The parent was 18 years of age or older. 80
130	130	b. The victim was under 18 years of age or the parent 81
131	131	believed the victim to b e under 18 years of age. 82
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133	133	A parent may rebut the presumption upon a specific finding in 84
134	134	writing by the court that the parent poses no significant risk 85
135	135	of harm to the child and that time -sharing is in the best 86
136	136	interests of the minor child. If the presumptio n is rebutted, 87
137	137	the court shall consider all time -sharing factors in subsection 88
138	138	(3) when developing a time -sharing schedule. 89
139	139	6. Access to records and information pertaining to a minor 90
140	140	child, including, but not limited to, medical, dental, and 91
141	141	school records, may not be denied to either parent. Full rights 92
142	142	under this subparagraph apply to either parent unless a court 93
143	143	order specifically revokes these rights, including any 94
144	144	restrictions on these rights as provided in a domestic violence 95
145	145	injunction. A parent ha ving rights under this subparagraph has 96
146	146	the same rights upon request as to form, substance, and manner 97
147	147	of access as are available to the other parent of a child, 98
148	148	including, without limitation, the right to in -person 99
149	149	communication with medical, dental, and education providers. 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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162	162	Section 2. Section 409.25633, Florida Statutes, is amended 101
163	163	to read: 102
164	164	409.25633 Title IV-D Standard Parenting Time Plans. —The 103
165	165	best interests interest of the child is the primary 104
166	166	consideration of the parenting plan, and special cons ideration 105
167	167	should be given to the age and needs of each child. There is a 106
168	168	no presumption that equal for or against the father or mother of 107
169	169	the child or for or against any specific time-sharing with both 108
170	170	parents is in the best interests of the minor child schedule 109
171	171	when a parenting time plan is created. 110
172	172	(1) A Title IV-D Standard Parenting Time Plan shall be 111
173	173	presented to the parents in any administrative action taken by 112
174	174	the Title IV-D program to establish or modify child support or 113
175	175	to determine paternity. If the parents agree to the Title IV -D 114
176	176	Standard Parenting Time Plan or to another parenting time plan, 115
177	177	the plan must be signed by the parents and incorporated into the 116
178	178	administrative order. If the parents do not agree to a Title IV -117
179	179	D Standard Parenting Time P lan or if an agreed-upon parenting 118
180	180	time plan is not included, the Department of Revenue must enter 119
181	181	an administrative support order and refer the parents to the 120
182	182	court of appropriate jurisdiction to establish a parenting time 121
183	183	plan. The department must note o n the referral that an 122
184	184	administrative support order has been entered. If a parenting 123
185	185	time plan is not included in the administrative support order 124
186	186	entered pursuant to s. 409.2563, the department must provide 125
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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
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199	199	information to the parents on the process to est ablish such a 126
200	200	plan. 127
201	201	(2) After the incorporation of an agreed -upon parenting 128
202	202	time plan into an administrative order, a modification or 129
203	203	enforcement of the parenting time plan may be sought through a 130
204	204	court of appropriate jurisdiction. 131
205	205	(3) The parent who o wes support is entitled to parenting 132
206	206	time with the child. If the parents do not have a signed, 133
207	207	agreed-upon parenting time plan, the following Title IV -D 134
208	208	Standard Parenting Time Plan must be incorporated into an 135
209	209	administrative support order if agreed to and signed by the 136
210	210	parents: 137
211	211	(a) Every other weekend. —The second and fourth full 138
212	212	weekend of the month from 6 p.m. on Friday through 6 p.m. on 139
213	213	Sunday. The weekends may begin upon the child's release from 140
214	214	school on Friday and end on Sunday at 6 p.m. or when the child 141
215	215	returns to school on Monday morning. The weekend time may be 142
216	216	extended by holidays that fall on Friday or Monday .; 143
217	217	(b) One evening per week. —One weekday beginning at 6 p.m. 144
218	218	and ending at 8 p.m. or, if both parents agree, from when the 145
219	219	child is released from school until 8 p.m. ; 146
220	220	(c) Thanksgiving break. —In even-numbered years, the 147
221	221	Thanksgiving break from 6 p.m. on the Wednesday before 148
222	222	Thanksgiving until 6 p.m. on the Sunday following Thanksgiving. 149
223	223	If both parents agree, the Thanksgiving break parent ing time may 150
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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	begin upon the child's release from school and end upon the 151
237	237	child's return to school the following Monday .; 152
238	238	(d) Winter break.—In odd-numbered years, the first half of 153
239	239	winter break, from the child's release from school, beginning at 154
240	240	6 p.m. or, if both parents agree, upon the child's release from 155
241	241	school, until noon on December 26. In even -numbered years, the 156
242	242	second half of winter break from noon on December 26 until 6 157
243	243	p.m. on the day before school resumes or, if both parents agree, 158
244	244	upon the child's return to school .; 159
245	245	(e) Spring break.—In even-numbered years, the week of 160
246	246	spring break from 6 p.m. the day the child is released from 161
247	247	school until 6 p.m. the night before school resumes. If both 162
248	248	parents agree, the spring break parenting time may begi n upon 163
249	249	the child's release from school and end upon the child's return 164
250	250	to school the following Monday .; and 165
251	251	(f) Summer break.—For 2 weeks in the summer beginning at 6 166
252	252	p.m. the first Sunday following the last day of school. 167
253	253	(4) In the event the parents have not agreed on a 168
254	254	parenting schedule at the time of the child support hearing, the 169
255	255	department shall enter an administrative support order and refer 170
256	256	the parents to a court of appropriate jurisdiction for the 171
257	257	establishment of a parenting time plan. 172
258	258	(5) The Title IV-D Standard Parenting Time Plan is not 173
259	259	intended for the use by, and may not be provided to, parents and 174
260	260	families with domestic or family violence concerns. 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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273	273	(6) If, after the incorporation of an agreed -upon 176
274	274	parenting time plan into an administ rative support order, a 177
275	275	parent becomes concerned about the safety of the child during 178
276	276	the child's time with the other parent, a modification of the 179
277	277	parenting time plan may be sought through a court of appropriate 180
278	278	jurisdiction. 181
279	279	(7) The department shall cr eate and provide a form for a 182
280	280	petition to establish a parenting time plan for parents who have 183
281	281	not agreed on a parenting schedule at the time of the child 184
282	282	support hearing. The department shall provide the form to the 185
283	283	parents, but may not file the petition or represent either 186
284	284	parent at the hearing. 187
285	285	(8) The parents are may not be required to pay a fee to 188
286	286	file the petition to establish a parenting plan. 189
287	287	(9) The department may adopt rules to implement and 190
288	288	administer this section. 191
289	289	Section 3. This act sha ll take effect July 1, 2022. 192