FL
Florida House Bill H0097

Florida 2023 Regular Session

Florida House Bill H0097 Compare Versions

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1010 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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1414 A bill to be entitled 1
1515 An act relating to domestic violence; providing a 2
1616 short title; amending s. 61.13, F.S.; requiring the 3
1717 court with jurisdiction over the dissolution of a 4
1818 marriage proceeding to consider certain factors in 5
1919 deciding whether shared parental responsibility is 6
2020 detrimental to the child; making technical and 7
2121 conforming changes; providing additional conduct 8
2222 relating to domestic violence which the court must 9
2323 consider when ordering a parenting plan; amending s. 10
2424 741.30, F.S.; providing an additional factor that the 11
2525 court must consider in determining whether a 12
2626 petitioner of a domestic violence injunction is in 13
27-imminent danger; conforming a provision to changes 14
28-made by the act; providing an effective date. 15
29- 16
30-Be It Enacted by the Legislature of the State of Florida: 17
31- 18
32- Section 1. This act may be cited as "Greyson's Law." 19
33- Section 2. Paragraph (c) of subsection (2) and paragraph 20
34-(m) of subsection (3) of section 61.13, Florid a Statutes, are 21
35-amended to read: 22
36- 61.13 Support of children; parenting and time -sharing; 23
37-powers of court.— 24
38- (2) 25
27+imminent danger; providing an effective date. 14
28+ 15
29+Be It Enacted by the Legislature of the State of Florida: 16
30+ 17
31+ Section 1. This act may be cited as "Greyson's Law." 18
32+ Section 2. Paragraph (c) of subsection (2) and paragraph 19
33+(m) of subsection (3) of section 61.13, Florida Statutes, are 20
34+amended to read: 21
35+ 61.13 Support of children; parenting and time -sharing; 22
36+powers of court.— 23
37+ (2) 24
38+ (c) The court shall determine all matters relating to 25
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4747 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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51- (c) The court shall determine all matters relating to 26
52-parenting and time-sharing of each minor child of the parties in 27
53-accordance with the be st interests of the child and in 28
54-accordance with the Uniform Child Custody Jurisdiction and 29
55-Enforcement Act, except that modification of a parenting plan 30
56-and time-sharing schedule requires a showing of a substantial, 31
57-material, and unanticipated change of c ircumstances. 32
58- 1. It is the public policy of this state that each minor 33
59-child has frequent and continuing contact with both parents 34
60-after the parents separate or the marriage of the parties is 35
61-dissolved and to encourage parents to share the rights and 36
62-responsibilities, and joys, of childrearing. Except as otherwise 37
63-provided in this paragraph, there is no presumption for or 38
64-against the father or mother of the child or for or against any 39
65-specific time-sharing schedule when creating or modifying the 40
66-parenting plan of the child. 41
67- 2. The court shall order that the parental responsibility 42
68-for a minor child be shared by both parents unless the court 43
69-finds that shared parental responsibility would be detrimental 44
70-to the child. In determining detriment to the child, the court 45
71-shall consider all of the following: 46
72- a. Evidence of domestic violence, as defined in s. 741.28. 47
73- b. Whether either parent has or has had reasonable cause 48
74-to believe that he or she or his or her minor child is or has 49
75-been in imminent danger of becoming a victim of domestic 50
51+parenting and time-sharing of each minor child of the parties in 26
52+accordance with the best interests of the child and in 27
53+accordance with the Uniform Child Custody Jurisdiction and 28
54+Enforcement Act, except that modification of a parenting plan 29
55+and time-sharing schedule requires a showing of a substantial, 30
56+material, and unanticipated change of circumstances. 31
57+ 1. It is the public policy of this state that each minor 32
58+child has frequent and continuing contact with both parents 33
59+after the parents separate or the marriage of the parties is 34
60+dissolved and to encourage parents to share the rights and 35
61+responsibilities, and joys, of childrearing. Except as otherwise 36
62+provided in this paragraph, there is no presumption for or 37
63+against the father or mother of the child or for or against any 38
64+specific time-sharing schedule when creating or modifying the 39
65+parenting plan of the child. 40
66+ 2. The court shall order that the parental responsibility 41
67+for a minor child be shared by both parents unless the court 42
68+finds that shared parental responsibility would be detrimental 43
69+to the child. In determining detriment to the child, the court 44
70+shall consider all of the following: 45
71+ a. Evidence of domestic violence, as defined in s. 741.28. 46
72+ b. Whether either parent has or has had reasonable cause 47
73+to believe that he or she or his or her minor child is or has 48
74+been in imminent danger of becoming a victim of domestic 49
75+violence as defined in s. 741.28 or sexual violence as defined 50
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8484 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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88-violence as defined in s. 741.28 or sexual violence as defined 51
89-in s. 784.046(1)(c) by the other parent against the parent or 52
90-against the child or children whom the parents share in common 53
91-regardless of whether a cause of acti on has been brought or is 54
92-currently pending in the court. 55
93- c. Whether either parent has or has had reasonable cause 56
94-to believe that his or her minor child is or has been in 57
95-imminent danger of becoming a victim of an act of abuse, 58
96-abandonment, or neglect, as those terms are defined in s. 39.01, 59
97-by the other parent against the child or children whom the 60
98-parents share in common regardless of whether a cause of action 61
99-has been brought or is currently pending in the court. 62
100- d. Any other relevant factors. 63
101- 3. The following evidence creates a rebuttable presumption 64
102-that shared parental responsibility is detrimental of detriment 65
103-to the child: 66
104- a. A parent has been convicted of a misdemeanor of the 67
105-first degree or higher involving domestic violence, as defined 68
106-in s. 741.28 and chapter 775; 69
107- b. A parent meets the criteria of s. 39.806(1)(d); or 70
108- c. A parent has been convicted of or had adjudication 71
109-withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 72
110-at the time of the offense: 73
111- (I) The parent was 18 years of age or older. 74
112- (II) The victim was under 18 years of age or the parent 75
88+in s. 784.046(1)(c) by the other parent against the parent or 51
89+against the child or children whom the parents share in common 52
90+regardless of whether a cause of action has been brought or is 53
91+currently pending in the court. 54
92+ c. Whether either parent has or has had reasonable cause 55
93+to believe that his or her minor child is or has been in 56
94+imminent danger of becoming a victim of an act of abuse, 57
95+abandonment, or neglect, as those terms are defined in s. 39.01, 58
96+by the other parent against the child or children whom the 59
97+parents share in common regardless of whether a cause of action 60
98+has been brought or is currently pending in the court. 61
99+ d. Any other relevant factors. 62
100+ 3. The following evidence creates a rebuttable presump tion 63
101+that shared parental responsibility is detrimental of detriment 64
102+to the child: 65
103+ a. A parent has been convicted of a misdemeanor of the 66
104+first degree or higher involving domestic violence, as defined 67
105+in s. 741.28 and chapter 775; 68
106+ b. A parent meets the criteria of s. 39.806(1)(d); or 69
107+ c. A parent has been convicted of or had adjudication 70
108+withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 71
109+at the time of the offense: 72
110+ (I) The parent was 18 years of age or older. 73
111+ (II) The victim was under 18 years of age or the parent 74
112+believed the victim to be under 18 years of age. 75
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121121 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-believed the victim to be under 18 years of age. 76
126- 77
127-If the presumption is not rebutted after the convicted parent is 78
128-advised by the court that the presumption exists, shared 79
129-parental responsibility, including time -sharing with the child, 80
130-and decisions made regarding the child, may not be granted to 81
131-the convicted parent. However, the convicted parent is not 82
132-relieved of any obligation to provide financial support. If the 83
133-court determines that shared parental responsibility would be 84
134-detrimental to the child, it may order sole parental 85
135-responsibility and make such arrangements for time -sharing as 86
136-specified in the parenting plan as will best protect the child 87
137-or abused spouse from fur ther harm. Whether or not there is a 88
138-conviction of any offense of domestic violence or child abuse or 89
139-the existence of an injunction for protection against domestic 90
140-violence, the court shall consider evidence of domestic violence 91
141-or child abuse as evidence of detriment to the child. 92
142- 4.3. In ordering shared parental responsibility, the court 93
143-may consider the expressed desires of the parents and may grant 94
144-to one party the ultimate responsibility over specific aspects 95
145-of the child's welfare or may divide tho se responsibilities 96
146-between the parties based on the best interests of the child. 97
147-Areas of responsibility may include education, health care, and 98
148-any other responsibilities that the court finds unique to a 99
149-particular family. 100
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126+If the presumption is not rebutted after the convicted parent is 77
127+advised by the court that the presumption exists, shared 78
128+parental responsibility, including time -sharing with the child, 79
129+and decisions made regarding the child, may not be granted to 80
130+the convicted parent. However, the convicted parent is not 81
131+relieved of any obligation to provide financial support. If the 82
132+court determines that shared parental responsibility would b e 83
133+detrimental to the child, it may order sole parental 84
134+responsibility and make such arrangements for time -sharing as 85
135+specified in the parenting plan as will best protect the child 86
136+or abused spouse from further harm. Whether or not there is a 87
137+conviction of any offense of domestic violence or child abuse or 88
138+the existence of an injunction for protection against domestic 89
139+violence, the court shall consider evidence of domestic violence 90
140+or child abuse as evidence of detriment to the child. 91
141+ 4.3. In ordering shared parental responsibility, the court 92
142+may consider the expressed desires of the parents and may grant 93
143+to one party the ultimate responsibility over specific aspects 94
144+of the child's welfare or may divide those responsibilities 95
145+between the parties based on th e best interests of the child. 96
146+Areas of responsibility may include education, health care, and 97
147+any other responsibilities that the court finds unique to a 98
148+particular family. 99
149+ 5.4. The court shall order sole parental responsibility 100
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158158 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- 5.4. The court shall order so le parental responsibility 101
163-for a minor child to one parent, with or without time -sharing 102
164-with the other parent if it is in the best interests of the 103
165-minor child. 104
166- 6.5. There is a rebuttable presumption against granting 105
167-time-sharing with a minor child if a parent has been convicted 106
168-of or had adjudication withheld for an offense enumerated in s. 107
169-943.0435(1)(h)1.a., and at the time of the offense: 108
170- a. The parent was 18 years of age or older. 109
171- b. The victim was under 18 years of age or the parent 110
172-believed the victim to be under 18 years of age. 111
173- 112
174-A parent may rebut the presumption upon a specific finding in 113
175-writing by the court that the parent poses no significant risk 114
176-of harm to the child and that time -sharing is in the best 115
177-interests of the minor child. If t he presumption is rebutted, 116
178-the court must shall consider all time-sharing factors in 117
179-subsection (3) when developing a time -sharing schedule. 118
180- 7.6. Access to records and information pertaining to a 119
181-minor child, including, but not limited to, medical, dent al, and 120
182-school records, may not be denied to either parent. Full rights 121
183-under this subparagraph apply to either parent unless a court 122
184-order specifically revokes these rights, including any 123
185-restrictions on these rights as provided in a domestic violence 124
186-injunction. A parent having rights under this subparagraph has 125
162+for a minor child to one parent, with or without time -sharing 101
163+with the other parent if it is in the best interests of the 102
164+minor child. 103
165+ 6.5. There is a rebuttable presumption against granting 104
166+time-sharing with a minor child if a parent has been convicted 105
167+of or had adjudication w ithheld for an offense enumerated in s. 106
168+943.0435(1)(h)1.a., and at the time of the offense: 107
169+ a. The parent was 18 years of age or older. 108
170+ b. The victim was under 18 years of age or the parent 109
171+believed the victim to be under 18 years of age. 110
172+ 111
173+A parent may rebut the presumption upon a specific finding in 112
174+writing by the court that the parent poses no significant risk 113
175+of harm to the child and that time -sharing is in the best 114
176+interests of the minor child. If the presumption is rebutted, 115
177+the court must shall consider all time-sharing factors in 116
178+subsection (3) when developing a time -sharing schedule. 117
179+ 7.6. Access to records and information pertaining to a 118
180+minor child, including, but not limited to, medical, dental, and 119
181+school records, may not be denied to either parent. Full rights 120
182+under this subparagraph apply to either parent unless a court 121
183+order specifically revokes these rights, including any 122
184+restrictions on these rights as provided in a domestic violence 123
185+injunction. A parent having rights under this subparag raph has 124
186+the same rights upon request as to form, substance, and manner 125
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195195 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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199-the same rights upon request as to form, substance, and manner 126
200-of access as are available to the other parent of a child, 127
201-including, without limitation, the right to in -person 128
202-communication with m edical, dental, and education providers. 129
203- (3) For purposes of establishing or modifying parental 130
204-responsibility and creating, developing, approving, or modifying 131
205-a parenting plan, including a time -sharing schedule, which 132
206-governs each parent's relationship with his or her minor child 133
207-and the relationship between each parent with regard to his or 134
208-her minor child, the best interest of the child shall be the 135
209-primary consideration. A determination of parental 136
210-responsibility, a parenting plan, or a time -sharing schedule may 137
211-not be modified without a showing of a substantial, material, 138
212-and unanticipated change in circumstances and a determination 139
213-that the modification is in the best interests of the child. 140
214-Determination of the best interests of the child shall be made 141
215-by evaluating all of the factors affecting the welfare and 142
216-interests of the particular minor child and the circumstances of 143
217-that family, including, but not limited to: 144
218- (m) Evidence of domestic violence, sexual violence, child 145
219-abuse, child abandonmen t, or child neglect or evidence that a 146
220-parent has or has had reasonable cause to believe that he or she 147
221-or his or her minor child is in imminent danger of becoming a 148
222-victim of domestic violence, sexual violence, child abuse, child 149
223-abandonment, or child neg lect, regardless of whether a prior or 150
199+of access as are available to the other parent of a child, 126
200+including, without limitation, the right to in -person 127
201+communication with medical, dental, and education providers. 128
202+ (3) For purposes of establishing or modifying parental 129
203+responsibility and creating, developing, approving, or modifying 130
204+a parenting plan, including a time -sharing schedule, which 131
205+governs each parent's relationship with his or her minor child 132
206+and the relationship b etween each parent with regard to his or 133
207+her minor child, the best interest of the child shall be the 134
208+primary consideration. A determination of parental 135
209+responsibility, a parenting plan, or a time -sharing schedule may 136
210+not be modified without a showing of a substantial, material, 137
211+and unanticipated change in circumstances and a determination 138
212+that the modification is in the best interests of the child. 139
213+Determination of the best interests of the child shall be made 140
214+by evaluating all of the factors affecting the welfare and 141
215+interests of the particular minor child and the circumstances of 142
216+that family, including, but not limited to: 143
217+ (m) Evidence of domestic violence, sexual violence, child 144
218+abuse, child abandonment, or child neglect or evidence that a 145
219+parent has or has had reasonable cause to believe that he or she 146
220+or his or her minor child is in imminent danger of becoming a 147
221+victim of domestic violence, sexual violence, child abuse, child 148
222+abandonment, or child neglect , regardless of whether a prior or 149
223+pending action relating to those issues has been brought. If the 150
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232232 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-pending action relating to those issues has been brought. If the 151
237-court accepts evidence of prior or pending actions regarding 152
238-domestic violence, sexual violence, child abuse, child 153
239-abandonment, or child neglect, the c ourt must specifically 154
240-acknowledge in writing that such evidence was considered when 155
241-evaluating the best interests of the child. 156
242- Section 3. Paragraph (b) of subsection (3) and paragraph 157
243-(b) of subsection (6) of section 741.30, Florida Statutes, are 158
244-amended to read: 159
245- 741.30 Domestic violence; injunction; powers and duties of 160
246-court and clerk; petition; notice and hearing; temporary 161
247-injunction; issuance of injunction; statewide verification 162
248-system; enforcement; public records exemption. — 163
249- (3) 164
250- (b) The sworn petition shall be in substantially the 165
251-following form: 166
252-PETITION FOR 167
253-INJUNCTION FOR PROTECTION 168
254-AGAINST DOMESTIC VIOLENCE 169
255-Before me, the undersigned authority, personally appeared 170
256-Petitioner ...(Name)..., who has been sworn and says that the 171
257-following statements are true: 172
258- (a) Petitioner resides at: ...(address)... 173
259- (Petitioner may furnish address to the court in a separate 174
260-confidential filing if, for safety reasons, the petitioner 175
236+court accepts evidence of prior or pending actions regarding 151
237+domestic violence, sexual violence, child abuse, child 152
238+abandonment, or child neglect, the court must specifically 153
239+acknowledge in writing that such evidence was considered when 154
240+evaluating the best interests of the child. 155
241+ Section 3. Paragraph (b) of subsection (6) of section 156
242+741.30, Florida Statutes, is amended to read: 157
243+ 741.30 Domestic violence; injunction; powers and duties of 158
244+court and clerk; petition; notice and hearing; temporary 159
245+injunction; issuance of injunction; statewide verification 160
246+system; enforcement; public records exemption. — 161
247+ (6) 162
248+ (b) In determining whether a petitioner has reasonable 163
249+cause to believe he or she is in imminent d anger of becoming a 164
250+victim of domestic violence, the court shall consider and 165
251+evaluate all relevant factors alleged in the petition, 166
252+including, but not limited to: 167
253+ 1. The history between the petitioner and the respondent, 168
254+including threats, harassment, s talking, and physical abuse. 169
255+ 2. Whether the respondent has attempted to harm the 170
256+petitioner or family members or individuals closely associated 171
257+with the petitioner. 172
258+ 3. Whether the respondent has threatened to conceal, 173
259+kidnap, or harm the petitioner's c hild or children. 174
260+ 4. Whether the respondent has intentionally injured or 175
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269269 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-requires the location of the current residence to be 176
274-confidential.) 177
275- (b) Respondent resides at: ...(last known address)... 178
276- (c) Respondent's last known place of employment: ...(name 179
277-of business and address)... 180
278- (d) Physical description of respondent: ................... 181
279- Race........ 182
280- Sex........ 183
281- Date of birth........ 184
282- Height........ 185
283- Weight........ 186
284- Eye color........ 187
285- Hair color........ 188
286- Distinguishing marks or scars........ 189
287- (e) Aliases of respondent: ............................... 190
288- (f) Respondent is the spouse or former spouse of the 191
289-petitioner or is any other person related by blood or marriage 192
290-to the petitioner or is any other person who is or was residing 193
291-within a single dwelling unit with the petitioner, as if a 194
292-family, or is a person with whom the petitioner has a child in 195
293-common, regardless of whether the petitioner and respondent are 196
294-or were married or re siding together, as if a family. 197
295- (g) The following describes any other cause of action 198
296-currently pending between the petitioner and respondent: ........ 199
297- The petitioner should also describe any previous or pending 200
273+killed a family pet. 176
274+ 5. Whether the respondent has used, or has threatened to 177
275+use, against the petitioner any weapons such as guns or knives. 178
276+ 6. Whether the respondent has physi cally restrained the 179
277+petitioner from leaving the home or calling law enforcement. 180
278+ 7. Whether the respondent has a criminal history involving 181
279+violence or the threat of violence. 182
280+ 8. The existence of a verifiable order of protection 183
281+issued previously or f rom another jurisdiction. 184
282+ 9. Whether the respondent has destroyed personal property, 185
283+including, but not limited to, telephones or other 186
284+communications equipment, clothing, or other items belonging to 187
285+the petitioner. 188
286+ 10. Whether the respondent has or had engaged in a pattern 189
287+of abusive, threatening, intimidating, or controlling behavior 190
288+composed of a series of acts over a period of time, however 191
289+short, which evidences a continuity of purpose and which 192
290+reasonably causes the petitioner to believe that th e petitioner 193
291+or his or her minor child are in imminent danger of becoming a 194
292+victim of domestic violence. 195
293+ 11.10. Whether the respondent engaged in any other 196
294+behavior or conduct that leads the petitioner to have reasonable 197
295+cause to believe that he or she i s in imminent danger of 198
296+becoming a victim of domestic violence. 199
297+ 200
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306306 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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310-attempts by the petitioner to obtain an injuncti on for 201
311-protection against domestic violence in this or any other 202
312-circuit, and the results of that attempt: ....................... 203
313-Case numbers should be included if available. 204
314- (h) Petitioner is either a victim of domestic violence or 205
315-has reasonable cause to believe he or she is in imminent danger 206
316-of becoming a victim of domestic violence because respondent 207
317-has: ...(mark all sections that apply and describe in the spaces 208
318-below the incidents of violence or threats of violence, 209
319-specifying when and where they occurred, including, but not 210
320-limited to, locations such as a home, school, place of 211
321-employment, or visitation exchange)... 212
322-................................................................ 213
323-................................................................ 214
324- ....committed or threat ened to commit domestic violence 215
325-defined in s. 741.28, Florida Statutes, as any assault, 216
326-aggravated assault, battery, aggravated battery, sexual assault, 217
327-sexual battery, stalking, aggravated stalking, kidnapping, false 218
328-imprisonment, or any criminal offense resulting in physical 219
329-injury or death of one family or household member by another. 220
330-With the exception of persons who are parents of a child in 221
331-common, the family or household members must be currently 222
332-residing or have in the past resided together in the same single 223
333-dwelling unit. 224
334- ....previously threatened, harassed, stalked, or physically 225
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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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347-abused the petitioner. 226
348- ....attempted to harm the petitioner or family members or 227
349-individuals closely associated with the petitioner. 228
350- ....threatened to conceal, kidnap , or harm the petitioner's 229
351-child or children. 230
352- ....intentionally injured or killed a family pet. 231
353- ....used, or has threatened to use, against the petitioner 232
354-any weapons such as guns or knives. 233
355- ....physically restrained the petitioner from leaving the 234
356-home or calling law enforcement. 235
357- ....a criminal history involving violence or the threat of 236
358-violence (if known). 237
359- ....another order of protection issued against him or her 238
360-previously or from another jurisdiction (if known). 239
361- ....destroyed personal property, i ncluding, but not limited 240
362-to, telephones or other communication equipment, clothing, or 241
363-other items belonging to the petitioner. 242
364- ....engaged in a pattern of abusive, threatening, 243
365-intimidating, or controlling behavior composed of a series of 244
366-acts over a period of time, however short. 245
367- ....engaged in any other behavior or conduct that leads the 246
368-petitioner to have reasonable cause to believe he or she is in 247
369-imminent danger of becoming a victim of domestic violence. 248
370- (i) Petitioner alleges the following addit ional specific 249
371-facts: ...(mark appropriate sections)... 250
372-
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377-CODING: Words stricken are deletions; words underlined are additions.
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379-Page 11 of 14
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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382-
383-
384- ....A minor child or minor children reside with the 251
385-petitioner whose names and ages are as follows: ................. 252
386- 253
387- ....Petitioner needs the exclusive use and possession of 254
388-the dwelling that the parties share. 255
389- ....Petitioner is unable to obtain safe alternative housing 256
390-because: ................................ ...................... 257
391- 258
392- ....Petitioner genuinely fears that respondent imminently 259
393-will abuse, remove, or hide the minor child or children from 260
394-petitioner because: ................................ ............ 261
395- 262
396- (j) Petitioner genuinely fears imminent domestic violence 263
397-by respondent. 264
398- (k) Petitioner seeks an injunction: ...(mark appropriate 265
399-section or sections)... 266
400- ....Immediately restraining the respondent from committing 267
401-any acts of domestic violence. 268
402- ....Restraining the respondent from committing any acts of 269
403-domestic violence. 270
404- ....Awarding to the petitioner the temporary exclusive use 271
405-and possession of the dwelling that the parties share or 272
406-excluding the respondent from the residence of the petitioner. 273
407- ....Providing a temporary parenting plan, in cluding a 274
408-temporary time-sharing schedule, with regard to the minor child 275
409-
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414-CODING: Words stricken are deletions; words underlined are additions.
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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
418-
419-
420-
421-or children of the parties which might involve prohibiting or 276
422-limiting time-sharing or requiring that it be supervised by a 277
423-third party. 278
424- ....Establishing temporary support for the m inor child or 279
425-children or the petitioner. 280
426- ....Directing the respondent to participate in a batterers' 281
427-intervention program. 282
428- ....Providing any terms the court deems necessary for the 283
429-protection of a victim of domestic violence, or any minor 284
430-children of the victim, including any injunctions or directives 285
431-to law enforcement agencies. 286
432- (6) 287
433- (b) In determining whether a petitioner has reasonable 288
434-cause to believe he or she is in imminent danger of becoming a 289
435-victim of domestic violence, the court shall conside r and 290
436-evaluate all relevant factors alleged in the petition, 291
437-including, but not limited to: 292
438- 1. The history between the petitioner and the respondent, 293
439-including threats, harassment, stalking, and physical abuse. 294
440- 2. Whether the respondent has attempted t o harm the 295
441-petitioner or family members or individuals closely associated 296
442-with the petitioner. 297
443- 3. Whether the respondent has threatened to conceal, 298
444-kidnap, or harm the petitioner's child or children. 299
445- 4. Whether the respondent has intentionally injured or 300
446-
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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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456-
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458-killed a family pet. 301
459- 5. Whether the respondent has used, or has threatened to 302
460-use, against the petitioner any weapons such as guns or knives. 303
461- 6. Whether the respondent has physically restrained the 304
462-petitioner from leaving the home or calling law enf orcement. 305
463- 7. Whether the respondent has a criminal history involving 306
464-violence or the threat of violence. 307
465- 8. The existence of a verifiable order of protection 308
466-issued previously or from another jurisdiction. 309
467- 9. Whether the respondent has destroyed pers onal property, 310
468-including, but not limited to, telephones or other 311
469-communications equipment, clothing, or other items belonging to 312
470-the petitioner. 313
471- 10. Whether the respondent has or had engaged in a pattern 314
472-of abusive, threatening, intimidating, or control ling behavior 315
473-composed of a series of acts over a period of time, however 316
474-short, which evidences a continuity of purpose and which 317
475-reasonably causes the petitioner to believe that the petitioner 318
476-or his or her minor child are in imminent danger of becoming a 319
477-victim of domestic violence. 320
478- 11.10. Whether the respondent engaged in any other 321
479-behavior or conduct that leads the petitioner to have reasonable 322
480-cause to believe that he or she is in imminent danger of 323
481-becoming a victim of domestic violence. 324
482- 325
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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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493-
494-
495-In making its determination under this paragraph, the court is 326
496-not limited to those factors enumerated in subparagraphs 1.-11 327
497-1.-10. 328
498- Section 4. This act shall take effect July 1, 2023. 329
310+In making its determination under this paragraph, the court is 201
311+not limited to those factors enumerated in subparagraphs 1.-11 202
312+1.-10. 203
313+ Section 4. This act shall take effect July 1, 2023. 204