HB 1301 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 parenting and time -sharing of minor 2
children; amending s. 61.13, F.S.; deleting the 3
requirement for an unanticipated change in 4
circumstances in order to modify a parenting plan or 5
time-sharing schedule; creating a presumption that 6
equal time-sharing is in the best interests of a 7
child, with exceptions; creating a presumption for 8
purposes of modifying a parenting plan or time -sharing 9
schedule; conforming provisions to changes made by the 10
act; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Paragraph (c) of subsection (2) and subsection 15
(3) of section 61.13, Florida Statutes, are amended to read: 16
61.13 Support of children; parenting and time -sharing; 17
powers of court.— 18
(2) 19
(c) The court shall determine all matters relating to 20
parenting and time-sharing of each minor child of the parties in 21
accordance with the best interests of the chil d and in 22
accordance with the Uniform Child Custody Jurisdiction and 23
Enforcement Act, except that modification of a parenting plan 24
and time-sharing schedule requires a showing of a substantial 25
HB 1301 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
and, material, and unanticipated change of circumstances. 26
1. It is the public policy of this state that each minor 27
child has frequent and continuing contact with both parents 28
after the parents separate or the marriage of the parties is 29
dissolved and to encourage parents to share the rights and 30
responsibilities, and j oys, of childrearing. Unless Except as 31
otherwise provided in this section or agreed to by the parties 32
paragraph, there is a no presumption that equal for or against 33
the father or mother of the child or for or against any specific 34
time-sharing of a minor child is in the best interests of the 35
minor child who is common to the parties schedule when creating 36
or modifying the parenting plan of the child. 37
2. The court shall order that the parental responsibility 38
for a minor child be shared by both parents unless the court 39
finds that shared parental responsibility would be detrimental 40
to the child. The following evidence creates a rebuttable 41
presumption of detriment to the child: 42
a. A parent has been convicted of a misdemeanor of the 43
first degree or higher invol ving domestic violence, as defined 44
in s. 741.28 and chapter 775; 45
b. A parent meets the criteria of s. 39.806(1)(d); or 46
c. A parent has been convicted of or had adjudication 47
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 48
at the time of the offense: 49
(I) The parent was 18 years of age or older. 50
HB 1301 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
(II) The victim was under 18 years of age or the parent 51
believed the victim to be under 18 years of age. 52
53
If the presumption is not rebutted after the convicted parent is 54
advised by the court t hat the presumption exists, shared 55
parental responsibility, including time -sharing with the child, 56
and decisions made regarding the child, may not be granted to 57
the convicted parent. However, the convicted parent is not 58
relieved of any obligation to provid e financial support. If the 59
court determines that shared parental responsibility would be 60
detrimental to the child, it may order sole parental 61
responsibility and make such arrangements for time -sharing as 62
specified in the parenting plan as will best protec t the child 63
or abused spouse from further harm. Whether or not there is a 64
conviction of any offense of domestic violence or child abuse or 65
the existence of an injunction for protection against domestic 66
violence, the court shall consider evidence of domesti c violence 67
or child abuse as evidence of detriment to the child. 68
3. In ordering shared parental responsibility, the court 69
may consider the expressed desires of the parents and may grant 70
to one party the ultimate responsibility over specific aspects 71
of the child's welfare or may divide those responsibilities 72
between the parties based on the best interests of the child. 73
Areas of responsibility may include education, health care, and 74
any other responsibilities that the court finds unique to a 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
particular family. 76
4. The court shall order sole parental responsibility for 77
a minor child to one parent, with or without time -sharing with 78
the other parent if it is in the best interests of the minor 79
child. 80
5. There is a rebuttable presumption against granting 81
time-sharing with a minor child if a parent has been convicted 82
of or had adjudication withheld for an offense enumerated in s. 83
943.0435(1)(h)1.a., and at the time of the offense: 84
a. The parent was 18 years of age or older. 85
b. The victim was under 18 years of age or the parent 86
believed the victim to be under 18 years of ag e. 87
88
A parent may rebut the presumption upon a specific finding in 89
writing by the court that the parent poses no significant risk 90
of harm to the child and that time -sharing is in the best 91
interests of the minor child. If the presumption is rebutted, 92
the court shall consider all time -sharing factors in subsection 93
(3) when developing a time -sharing schedule. 94
6. Access to records and information pertaining to a minor 95
child, including, but not limited to, medical, dental, and 96
school records, may not be denied to either parent. Full rights 97
under this subparagraph apply to either parent unless a court 98
order specifically revokes these rights, including any 99
restrictions on these rights as provided in a domestic violence 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
injunction. A parent having rights under this subparagraph has 101
the same rights upon request as to form, substance, and manner 102
of access as are available to the other parent of a child, 103
including, without limitation, the right to in -person 104
communication with medical, dental, and education providers. 105
(3) For purposes of establishing or modifying parental 106
responsibility and creating, developing, approving, or modifying 107
a parenting plan, including a time -sharing schedule, which 108
governs each parent's relationship with his or her minor child 109
and the relationship between each parent with regard to his or 110
her minor child, the best interest of the child shall be the 111
primary consideration. A determination of parental 112
responsibility, a parenting plan, or a time -sharing schedule may 113
not be modified without a sho wing of a substantial and, 114
material, and unanticipated change in circumstances and a 115
determination that the modification is in the best interests of 116
the child. For purposes of the modification of a parenting plan 117
and time-sharing schedule, a parent's perma nent relocation from 118
a residence that is more than 50 miles away from the primary 119
residence of the child to a residence within 50 miles of the 120
primary residence of the child is presumed to be a substantial 121
and material change in circumstances for which mod ification is 122
allowed as long as there is a determination by the court that 123
modification is in the best interests of the child. 124
Determination of the best interests of the child shall be made 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
by evaluating all of the factors affecting the welfare and 126
interests of the particular minor child and the circumstances of 127
that family, including, but not limited to: 128
(a) The demonstrated capacity and disposition of each 129
parent to facilitate and encourage a close and continuing 130
parent-child relationship, to honor the time-sharing schedule, 131
and to be reasonable when changes are required. 132
(b) The anticipated division of parental responsibilities 133
after the litigation, including the extent to which parental 134
responsibilities will be delegated to third parties. 135
(c) The demonstrated capacity and disposition of each 136
parent to determine, consider, and act upon the needs of the 137
child as opposed to the needs or desires of the parent. 138
(d) The length of time the child has lived in a stable, 139
satisfactory environment and the des irability of maintaining 140
continuity. 141
(e) The geographic viability of the parenting plan, with 142
special attention paid to the needs of school -age children and 143
the amount of time to be spent traveling to effectuate the 144
parenting plan. This factor does not c reate a presumption for or 145
against relocation of either parent with a child. 146
(f) The moral fitness of the parents. 147
(g) The mental and physical health of the parents. 148
(h) The home, school, and community record of the child. 149
(i) The reasonable prefer ence of the child, if the court 150
HB 1301 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
deems the child to be of sufficient intelligence, understanding, 151
and experience to express a preference. 152
(j) The demonstrated knowledge, capacity, and disposition 153
of each parent to be informed of the circumstances of the m inor 154
child, including, but not limited to, the child's friends, 155
teachers, medical care providers, daily activities, and favorite 156
things. 157
(k) The demonstrated capacity and disposition of each 158
parent to provide a consistent routine for the child, such as 159
discipline, and daily schedules for homework, meals, and 160
bedtime. 161
(l) The demonstrated capacity of each parent to 162
communicate with and keep the other parent informed of issues 163
and activities regarding the minor child, and the willingness of 164
each parent to adopt a unified front on all major issues when 165
dealing with the child. 166
(m) Evidence of domestic violence, sexual violence, child 167
abuse, child abandonment, or child neglect, regardless of 168
whether a prior or pending action relating to those issues has 169
been brought. If the court accepts evidence of prior or pending 170
actions regarding domestic violence, sexual violence, child 171
abuse, child abandonment, or child neglect, the court must 172
specifically acknowledge in writing that such evidence was 173
considered when evaluating the best interests of the child. 174
(n) Evidence that either parent has knowingly provided 175
HB 1301 2023
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false information to the court regarding any prior or pending 176
action regarding domestic violence, sexual violence, child 177
abuse, child abandonment, or child neglect. 178
(o) The particular parenting tasks customarily performed 179
by each parent and the division of parental responsibilities 180
before the institution of litigation and during the pending 181
litigation, including the extent to which parenting 182
responsibilities were undertaken by third parties. 183
(p) The demonstrated capacity and disposition of each 184
parent to participate and be involved in the child's school and 185
extracurricular activities. 186
(q) The demonstrated capacity and disposition of each 187
parent to maintain an environment for the child which is free 188
from substance abuse. 189
(r) The capacity and disposition of each parent to protect 190
the child from the ongoing litigation as demonstrated by not 191
discussing the litigation with the child, not sharing documents 192
or electronic media related to the litigation with the child, 193
and refraining from disparaging comments about the other parent 194
to the child. 195
(s) The developmental stages and needs of the child and 196
the demonstrated capacity and disposition of each parent to meet 197
the child's developmental needs. 198
(t) Any other factor that is relevant to the determination 199
of a specific parenting plan, including the time -sharing 200
HB 1301 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
schedule. 201
Section 2. This act shall take effect July 1, 2023. 202