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