CS/HB 97 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0097-01-c1
Page 1 of 9
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; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. This act may be cited as "Greyson's Law." 18
Section 2. Paragraph (c) of subsection (2) and paragraph 19
(m) of subsection (3) of section 61.13, Florida Statutes, are 20
amended to read: 21
61.13 Support of children; parenting and time -sharing; 22
powers of court.— 23
(2) 24
(c) The court shall determine all matters relating to 25
CS/HB 97 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0097-01-c1
Page 2 of 9
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
parenting and time-sharing of each minor child of the parties in 26
accordance with the best interests of the child and in 27
accordance with the Uniform Child Custody Jurisdiction and 28
Enforcement Act, except that modification of a parenting plan 29
and time-sharing schedule requires a showing of a substantial, 30
material, and unanticipated change of circumstances. 31
1. It is the public policy of this state that each minor 32
child has frequent and continuing contact with both parents 33
after the parents separate or the marriage of the parties is 34
dissolved and to encourage parents to share the rights and 35
responsibilities, and joys, of childrearing. Except as otherwise 36
provided in this paragraph, there is no presumption for or 37
against the father or mother of the child or for or against any 38
specific time-sharing schedule when creating or modifying the 39
parenting plan of the child. 40
2. The court shall order that the parental responsibility 41
for a minor child be shared by both parents unless the court 42
finds that shared parental responsibility would be detrimental 43
to the child. In determining detriment to the child, the court 44
shall consider all of the following: 45
a. Evidence of domestic violence, as defined in s. 741.28. 46
b. Whether either parent has or has had reasonable cause 47
to believe that he or she or his or her minor child is or has 48
been in imminent danger of becoming a victim of domestic 49
violence as defined in s. 741.28 or sexual violence as defined 50
CS/HB 97 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0097-01-c1
Page 3 of 9
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
in s. 784.046(1)(c) by the other parent against the parent or 51
against the child or children whom the parents share in common 52
regardless of whether a cause of action has been brought or is 53
currently pending in the court. 54
c. Whether either parent has or has had reasonable cause 55
to believe that his or her minor child is or has been in 56
imminent danger of becoming a victim of an act of abuse, 57
abandonment, or neglect, as those terms are defined in s. 39.01, 58
by the other parent against the child or children whom the 59
parents share in common regardless of whether a cause of action 60
has been brought or is currently pending in the court. 61
d. Any other relevant factors. 62
3. The following evidence creates a rebuttable presump tion 63
that shared parental responsibility is detrimental of detriment 64
to the child: 65
a. A parent has been convicted of a misdemeanor of the 66
first degree or higher involving domestic violence, as defined 67
in s. 741.28 and chapter 775; 68
b. A parent meets the criteria of s. 39.806(1)(d); or 69
c. A parent has been convicted of or had adjudication 70
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 71
at the time of the offense: 72
(I) The parent was 18 years of age or older. 73
(II) The victim was under 18 years of age or the parent 74
believed the victim to be under 18 years of age. 75
CS/HB 97 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0097-01-c1
Page 4 of 9
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
76
If the presumption is not rebutted after the convicted parent is 77
advised by the court that the presumption exists, shared 78
parental responsibility, including time -sharing with the child, 79
and decisions made regarding the child, may not be granted to 80
the convicted parent. However, the convicted parent is not 81
relieved of any obligation to provide financial support. If the 82
court determines that shared parental responsibility would b e 83
detrimental to the child, it may order sole parental 84
responsibility and make such arrangements for time -sharing as 85
specified in the parenting plan as will best protect the child 86
or abused spouse from further harm. Whether or not there is a 87
conviction of any offense of domestic violence or child abuse or 88
the existence of an injunction for protection against domestic 89
violence, the court shall consider evidence of domestic violence 90
or child abuse as evidence of detriment to the child. 91
4.3. In ordering shared parental responsibility, the court 92
may consider the expressed desires of the parents and may grant 93
to one party the ultimate responsibility over specific aspects 94
of the child's welfare or may divide those responsibilities 95
between the parties based on th e best interests of the child. 96
Areas of responsibility may include education, health care, and 97
any other responsibilities that the court finds unique to a 98
particular family. 99
5.4. The court shall order sole parental responsibility 100
CS/HB 97 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0097-01-c1
Page 5 of 9
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
for a minor child to one parent, with or without time -sharing 101
with the other parent if it is in the best interests of the 102
minor child. 103
6.5. There is a rebuttable presumption against granting 104
time-sharing with a minor child if a parent has been convicted 105
of or had adjudication w ithheld for an offense enumerated in s. 106
943.0435(1)(h)1.a., and at the time of the offense: 107
a. The parent was 18 years of age or older. 108
b. The victim was under 18 years of age or the parent 109
believed the victim to be under 18 years of age. 110
111
A parent may rebut the presumption upon a specific finding in 112
writing by the court that the parent poses no significant risk 113
of harm to the child and that time -sharing is in the best 114
interests of the minor child. If the presumption is rebutted, 115
the court must shall consider all time-sharing factors in 116
subsection (3) when developing a time -sharing schedule. 117
7.6. Access to records and information pertaining to a 118
minor child, including, but not limited to, medical, dental, and 119
school records, may not be denied to either parent. Full rights 120
under this subparagraph apply to either parent unless a court 121
order specifically revokes these rights, including any 122
restrictions on these rights as provided in a domestic violence 123
injunction. A parent having rights under this subparag raph has 124
the same rights upon request as to form, substance, and manner 125
CS/HB 97 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0097-01-c1
Page 6 of 9
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 access as are available to the other parent of a child, 126
including, without limitation, the right to in -person 127
communication with medical, dental, and education providers. 128
(3) For purposes of establishing or modifying parental 129
responsibility and creating, developing, approving, or modifying 130
a parenting plan, including a time -sharing schedule, which 131
governs each parent's relationship with his or her minor child 132
and the relationship b etween each parent with regard to his or 133
her minor child, the best interest of the child shall be the 134
primary consideration. A determination of parental 135
responsibility, a parenting plan, or a time -sharing schedule may 136
not be modified without a showing of a substantial, material, 137
and unanticipated change in circumstances and a determination 138
that the modification is in the best interests of the child. 139
Determination of the best interests of the child shall be made 140
by evaluating all of the factors affecting the welfare and 141
interests of the particular minor child and the circumstances of 142
that family, including, but not limited to: 143
(m) Evidence of domestic violence, sexual violence, child 144
abuse, child abandonment, or child neglect or evidence that a 145
parent has or has had reasonable cause to believe that he or she 146
or his or her minor child is in imminent danger of becoming a 147
victim of domestic violence, sexual violence, child abuse, child 148
abandonment, or child neglect , regardless of whether a prior or 149
pending action relating to those issues has been brought. If the 150
CS/HB 97 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0097-01-c1
Page 7 of 9
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
court accepts evidence of prior or pending actions regarding 151
domestic violence, sexual violence, child abuse, child 152
abandonment, or child neglect, the court must specifically 153
acknowledge in writing that such evidence was considered when 154
evaluating the best interests of the child. 155
Section 3. Paragraph (b) of subsection (6) of section 156
741.30, Florida Statutes, is amended to read: 157
741.30 Domestic violence; injunction; powers and duties of 158
court and clerk; petition; notice and hearing; temporary 159
injunction; issuance of injunction; statewide verification 160
system; enforcement; public records exemption. — 161
(6) 162
(b) In determining whether a petitioner has reasonable 163
cause to believe he or she is in imminent d anger of becoming a 164
victim of domestic violence, the court shall consider and 165
evaluate all relevant factors alleged in the petition, 166
including, but not limited to: 167
1. The history between the petitioner and the respondent, 168
including threats, harassment, s talking, and physical abuse. 169
2. Whether the respondent has attempted to harm the 170
petitioner or family members or individuals closely associated 171
with the petitioner. 172
3. Whether the respondent has threatened to conceal, 173
kidnap, or harm the petitioner's c hild or children. 174
4. Whether the respondent has intentionally injured or 175
CS/HB 97 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0097-01-c1
Page 8 of 9
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
killed a family pet. 176
5. Whether the respondent has used, or has threatened to 177
use, against the petitioner any weapons such as guns or knives. 178
6. Whether the respondent has physi cally restrained the 179
petitioner from leaving the home or calling law enforcement. 180
7. Whether the respondent has a criminal history involving 181
violence or the threat of violence. 182
8. The existence of a verifiable order of protection 183
issued previously or f rom another jurisdiction. 184
9. Whether the respondent has destroyed personal property, 185
including, but not limited to, telephones or other 186
communications equipment, clothing, or other items belonging to 187
the petitioner. 188
10. Whether the respondent has or had engaged in a pattern 189
of abusive, threatening, intimidating, or controlling behavior 190
composed of a series of acts over a period of time, however 191
short, which evidences a continuity of purpose and which 192
reasonably causes the petitioner to believe that th e petitioner 193
or his or her minor child are in imminent danger of becoming a 194
victim of domestic violence. 195
11.10. Whether the respondent engaged in any other 196
behavior or conduct that leads the petitioner to have reasonable 197
cause to believe that he or she i s in imminent danger of 198
becoming a victim of domestic violence. 199
200
CS/HB 97 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0097-01-c1
Page 9 of 9
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
In making its determination under this paragraph, the court is 201
not limited to those factors enumerated in subparagraphs 1.-11 202
1.-10. 203
Section 4. This act shall take effect July 1, 2023. 204