HB 97 2023
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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; providing a 2
short title; amending s. 61.13, F.S.; requiring the 3
court with jurisdiction over the dissolution of a 4
marriage proceeding to consider certain factors in 5
deciding whether shared parental responsibility is 6
detrimental to the child; making technical and 7
conforming changes; providing additional conduct 8
relating to domestic violence which the court must 9
consider when ordering a parenting plan; amending s. 10
741.30, F.S.; providing an additional factor that the 11
court must consider in determining whether a 12
petitioner of a domestic violence injunction is in 13
imminent danger; removing a provision authorizing a 14
court to review factors other than those specifically 15
enumerated; providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. This act may be cited as "Greyson's Law." 20
Section 2. Paragraph (c) of subsection (2) and paragr aph 21
(m) of subsection (3) of section 61.13, Florida Statutes, are 22
amended to read: 23
61.13 Support of children; parenting and time -sharing; 24
powers of court.— 25
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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) 26
(c) The court shall determine all matters relating to 27
parenting and time-sharing of each minor child of the parties in 28
accordance with the best interests of the child and in 29
accordance with the Uniform Child Custody Jurisdiction and 30
Enforcement Act, except that modification of a parenting plan 31
and time-sharing schedule requires a showing of a su bstantial, 32
material, and unanticipated change of circumstances. 33
1. It is the public policy of this state that each minor 34
child has frequent and continuing contact with both parents 35
after the parents separate or the marriage of the parties is 36
dissolved and to encourage parents to share the rights and 37
responsibilities, and joys, of childrearing. Except as otherwise 38
provided in this paragraph, there is no presumption for or 39
against the father or mother of the child or for or against any 40
specific time-sharing schedule when creating or modifying the 41
parenting plan of the child. 42
2. The court shall order that the parental responsibility 43
for a minor child be shared by both parents unless the court 44
finds that shared parental responsibility would be detrimental 45
to the child. In determining detriment to the child, the court 46
shall consider all of the following: 47
a. Evidence of domestic violence, as defined in s. 741.28. 48
b. Whether either parent has or has had reasonable cause 49
to believe that he or she or his or he r minor child is or has 50
HB 97 2023
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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
been in imminent danger of becoming a victim of domestic 51
violence as defined in s. 741.28 or sexual violence as defined 52
in s. 784.046(1)(c) by the other parent against the parent or 53
against the child or children whom the parents sha re in common 54
regardless of whether a cause of action has been brought or is 55
currently pending in the court. 56
c. Whether either parent has or has had reasonable cause 57
to believe that his or her minor child is or has been in 58
imminent danger of becoming a vi ctim of an act of abuse, 59
abandonment, or neglect, as those terms are defined in s. 39.01, 60
by the other parent against the child or children whom the 61
parents share in common regardless of whether a cause of action 62
has been brought or is currently pending in the court. 63
d. Any other relevant factors. 64
3. The following evidence creates a rebuttable presumption 65
that shared parental responsibility is detrimental of detriment 66
to the child: 67
a. A parent has been convicted of a misdemeanor of the 68
first degree or higher involving domestic violence, as defined 69
in s. 741.28 and chapter 775; 70
b. A parent meets the criteria of s. 39.806(1)(d); or 71
c. A parent has been convicted of or had adjudication 72
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 73
at the time of the offense: 74
(I) The parent was 18 years of age or older. 75
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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
(II) The victim was under 18 years of age or the parent 76
believed the victim to be under 18 years of age. 77
78
If the presumption is not rebutted after the convicted parent is 79
advised by the court that the presumption exists, shared 80
parental responsibility, including time -sharing with the child, 81
and decisions made regarding the child, may not be granted to 82
the convicted parent. However, the convicted parent is not 83
relieved of any obligat ion to provide financial support. If the 84
court determines that shared parental responsibility would be 85
detrimental to the child, it may order sole parental 86
responsibility and make such arrangements for time -sharing as 87
specified in the parenting plan as wil l best protect the child 88
or abused spouse from further harm. Whether or not there is a 89
conviction of any offense of domestic violence or child abuse or 90
the existence of an injunction for protection against domestic 91
violence, the court shall consider eviden ce of domestic violence 92
or child abuse as evidence of detriment to the child. 93
4.3. In ordering shared parental responsibility, the court 94
may consider the expressed desires of the parents and may grant 95
to one party the ultimate responsibility over specifi c aspects 96
of the child's welfare or may divide those responsibilities 97
between the parties based on the best interests of the child. 98
Areas of responsibility may include education, health care, and 99
any other responsibilities that the court finds unique to a 100
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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
particular family. 101
5.4. The court shall order sole parental responsibility 102
for a minor child to one parent, with or without time -sharing 103
with the other parent if it is in the best interests of the 104
minor child. 105
6.5. There is a rebuttable presumption aga inst granting 106
time-sharing with a minor child if a parent has been convicted 107
of or had adjudication withheld for an offense enumerated in s. 108
943.0435(1)(h)1.a., and at the time of the offense: 109
a. The parent was 18 years of age or older. 110
b. The victim was under 18 years of age or the parent 111
believed the victim to be under 18 years of age. 112
113
A parent may rebut the presumption upon a specific finding in 114
writing by the court that the parent poses no significant risk 115
of harm to the child and that time -sharing is in the best 116
interests of the minor child. If the presumption is rebutted, 117
the court must shall consider all time-sharing factors in 118
subsection (3) when developing a time -sharing schedule. 119
7.6. Access to records and information pertaining to a 120
minor child, including, but not limited to, medical, dental, and 121
school records, may not be denied to either parent. Full rights 122
under this subparagraph apply to either parent unless a court 123
order specifically revokes these rights, including any 124
restrictions on these rights as provided in a domestic violence 125
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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
injunction. A parent having rights under this subparagraph has 126
the same rights upon request as to form, substance, and manner 127
of access as are available to the other parent of a child, 128
including, without limit ation, the right to in -person 129
communication with medical, dental, and education providers. 130
(3) For purposes of establishing or modifying parental 131
responsibility and creating, developing, approving, or modifying 132
a parenting plan, including a time -sharing schedule, which 133
governs each parent's relationship with his or her minor child 134
and the relationship between each parent with regard to his or 135
her minor child, the best interest of the child shall be the 136
primary consideration. A determination of parental 137
responsibility, a parenting plan, or a time -sharing schedule may 138
not be modified without a showing of a substantial, material, 139
and unanticipated change in circumstances and a determination 140
that the modification is in the best interests of the child. 141
Determination of the best interests of the child shall be made 142
by evaluating all of the factors affecting the welfare and 143
interests of the particular minor child and the circumstances of 144
that family, including, but not limited to: 145
(m) Evidence of domestic violen ce, sexual violence, child 146
abuse, child abandonment, or child neglect or evidence that a 147
parent has or has had reasonable cause to believe that he or she 148
or his or her minor child is in imminent danger of becoming a 149
victim of domestic violence, sexual viol ence, child abuse, child 150
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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
abandonment, or child neglect , regardless of whether a prior or 151
pending action relating to those issues has been brought. If the 152
court accepts evidence of prior or pending actions regarding 153
domestic violence, sexual violence, child abuse, child 154
abandonment, or child neglect, the court must specifically 155
acknowledge in writing that such evidence was considered when 156
evaluating the best interests of the child. 157
Section 3. Paragraph (b) of subsection (6) of section 158
741.30, Florida Statutes, is amended to read: 159
741.30 Domestic violence; injunction; powers and duties of 160
court and clerk; petition; notice and hearing; temporary 161
injunction; issuance of injunction; statewide verification 162
system; enforcement; public records exemption. — 163
(6) 164
(b) In determining whether a petitioner has reasonable 165
cause to believe he or she is in imminent danger of becoming a 166
victim of domestic violence, the court shall consider and 167
evaluate all relevant factors alleged in the petition, 168
including, but not lim ited to: 169
1. The history between the petitioner and the respondent, 170
including threats, harassment, stalking, and physical abuse. 171
2. Whether the respondent has attempted to harm the 172
petitioner or family members or individuals closely associated 173
with the petitioner. 174
3. Whether the respondent has threatened to conceal, 175
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kidnap, or harm the petitioner's child or children. 176
4. Whether the respondent has intentionally injured or 177
killed a family pet. 178
5. Whether the respondent has used, or has threatened to 179
use, against the petitioner any weapons such as guns or knives. 180
6. Whether the respondent has physically restrained the 181
petitioner from leaving the home or calling law enforcement. 182
7. Whether the respondent has a criminal history involving 183
violence or the threat of violence. 184
8. The existence of a verifiable order of protection 185
issued previously or from another jurisdiction. 186
9. Whether the respondent has destroyed personal property, 187
including, but not limited to, telephones or other 188
communications equipment, clothing, or other items belonging to 189
the petitioner. 190
10. Whether the respondent has or had engaged in a pattern 191
of abusive, threatening, intimidating, or controlling behavior 192
composed of a series of acts over a period of time, however 193
short, which evidences a continuity of purpose and which 194
reasonably causes the petitioner to believe that the petitioner 195
or his or her minor child are in imminent danger of becoming a 196
victim of domestic violence. 197
11.10. Whether the respondent engaged in any oth er 198
behavior or conduct that leads the petitioner to have reasonable 199
cause to believe that he or she is in imminent danger of 200
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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
becoming a victim of domestic violence. 201
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In making its determination under this paragraph, the court is 203
not limited to those factor s enumerated in subparagraphs 1. -10. 204
Section 4. This act shall take effect July 1, 2023. 205