HB 1589 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1589-00
Page 1 of 7
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 family law proceedings; amending s. 2
61.052, F.S.; requiring a court reporter to transcribe 3
certain proceedings or requiring an audio recording to 4
be made; providing that either party in a dissolution 5
of marriage proceeding may request a jury trial; 6
amending s. 61.13, F.S.; requiring a judge to make 7
specific findings concerning certain allegations if 8
the party against whom allegations were made r etains 9
parental responsibility; creating a pilot project in a 10
specified judicial circuit for specified purposes; 11
providing for duration of the program; requiring a 12
report and recommendations; providing an effective 13
date. 14
15
WHEREAS, the Legislature find s that requiring the presence 16
of a court reporter would stabilize the record in certain family 17
law proceedings and facilitate appellate review, and 18
WHEREAS, requiring a specific finding by a judge concerning 19
allegations of abuse helps to assure litigants that their voices 20
were heard and the law as written was considered and applied, 21
and 22
WHEREAS, requiring specific written findings concerning 23
abuse allegations promotes speedy appellate review of such 24
rulings, NOW, THEREFORE, 25
HB 1589 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1589-00
Page 2 of 7
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
26
Be It Enacted by the Legisla ture of the State of Florida: 27
28
Section 1. Subsections (9) and (10) are added to section 29
61.052, Florida Statutes, to read: 30
61.052 Dissolution of marriage. — 31
(9) In all disputes involving allegations of abuse or 32
neglect of children: 33
(a) A court reporter shall transcribe all hearings, 34
testimony, trials, and rulings from the bench; or 35
(b) An audio recording shall be made of all such hearings, 36
testimony, trials, and rulings from the bench, which shall be 37
admissible in evidence to facilitate appellate review. 38
(10) In an action for dissolution of a marriage, either 39
party may demand a jury trial. 40
Section 2. Paragraph (c) of subsection (2) of section 41
61.13, Florida Statutes, is amended to read: 42
61.13 Support of children; parenting and time -sharing; 43
powers of court.— 44
(2) 45
(c) The court shall determine all matters relating to 46
parenting and time-sharing of each minor child of the parties in 47
accordance with the best interests of the child and in 48
accordance with the Uniform Child Custody Jurisdiction and 49
Enforcement Act, excep t that modification of a parenting plan 50
HB 1589 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1589-00
Page 3 of 7
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 time-sharing schedule requires a showing of a substantial 51
and material change of circumstances. 52
1. It is the public policy of this state that each minor 53
child has frequent and continuing contact with both paren ts 54
after the parents separate or the marriage of the parties is 55
dissolved and to encourage parents to share the rights and 56
responsibilities, and joys, of childrearing. Unless otherwise 57
provided in this section or agreed to by the parties, there is a 58
rebuttable presumption that equal time -sharing of a minor child 59
is in the best interests of the minor child. To rebut this 60
presumption, a party must prove by a preponderance of the 61
evidence that equal time -sharing is not in the best interests of 62
the minor child. Except when a time-sharing schedule is agreed 63
to by the parties and approved by the court, the court must 64
evaluate all of the factors set forth in subsection (3) and make 65
specific written findings of fact when creating or modifying a 66
time-sharing schedule. 67
2. The court shall order that the parental responsibility 68
for a minor child be shared by both parents unless the court 69
finds that shared parental responsibility would be detrimental 70
to the child. In determining detriment to the child, the court 71
shall consider: 72
a. Evidence of domestic violence, as defined in s. 741.28; 73
b. Whether either parent has or has had reasonable cause 74
to believe that he or she or his or her minor child or children 75
HB 1589 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1589-00
Page 4 of 7
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
are or have been in imminent danger of becoming victims of an 76
act of domestic violence as defined in s. 741.28 or sexual 77
violence as defined in s. 784.046(1)(c) by the other parent 78
against the parent or against the child or children whom the 79
parents share in common regardless of whether a cause of action 80
has been brought or is currently pending in the court; 81
c. Whether either parent has or has had reasonable cause 82
to believe that his or her minor child or children are or have 83
been in imminent danger of becoming victims of an act of abuse, 84
abandonment, or neglect, as those terms are defined in s. 39.01, 85
by the other parent against the child or children whom the 86
parents share in common regardless of whether a cause of action 87
has been brought or is currently pending in the court; and 88
d. Any other relevant factors. 89
90
In any proceeding in which allegations under this subparagraph 91
are made, the court shall make specific written findings 92
concerning the allegations if the judge finds that the parent 93
against whom such allegations were made is to have any parental 94
responsibility for the child. 95
3. The following evidence creates a rebuttable presumption 96
that shared parental responsibility is detrimental to the child: 97
a. A parent has been convicted of a misdemeanor of the 98
first degree or higher involving domestic violence, as d efined 99
in s. 741.28 and chapter 775; 100
HB 1589 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1589-00
Page 5 of 7
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
b. A parent meets the criteria of s. 39.806(1)(d); or 101
c. A parent has been convicted of or had adjudication 102
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 103
at the time of the offense: 104
(I) The parent was 18 years of age or older. 105
(II) The victim was under 18 years of age or the parent 106
believed the victim to be under 18 years of age. 107
108
If the presumption is not rebutted after the convicted parent is 109
advised by the court that the presumption exists, shared 110
parental responsibility, including time -sharing with the child, 111
and decisions made regarding the child, may not be granted to 112
the convicted parent. However, the convicted parent is not 113
relieved of any obligation to provide financial support. If the 114
court determines that shared parental responsibility would be 115
detrimental to the child, it may order sole parental 116
responsibility and make such arrangements for time -sharing as 117
specified in the parenting plan as will best protect the child 118
or abused spouse from further harm. Whether or not there is a 119
conviction of any offense of domestic violence or child abuse or 120
the existence of an injunction for protection against domestic 121
violence, the court shall consider evidence of domestic violence 122
or child abuse as evidence of detriment to the child. 123
4. In ordering shared parental responsibility, the court 124
may consider the expressed desires of the parents and may grant 125
HB 1589 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1589-00
Page 6 of 7
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
to one party the ultimate responsibility over specific aspects 126
of the child's welfare or may div ide those responsibilities 127
between the parties based on the best interests of the child. 128
Areas of responsibility may include education, health care, and 129
any other responsibilities that the court finds unique to a 130
particular family. 131
5. The court shall ord er sole parental responsibility for 132
a minor child to one parent, with or without time -sharing with 133
the other parent if it is in the best interests of the minor 134
child. 135
6. There is a rebuttable presumption against granting 136
time-sharing with a minor child i f a parent has been convicted 137
of or had adjudication withheld for an offense enumerated in s. 138
943.0435(1)(h)1.a., and at the time of the offense: 139
a. The parent was 18 years of age or older. 140
b. The victim was under 18 years of age or the parent 141
believed the victim to be under 18 years of age. 142
143
A parent may rebut the presumption upon a specific finding in 144
writing by the court that the parent poses no significant risk 145
of harm to the child and that time -sharing is in the best 146
interests of the minor child. I f the presumption is rebutted, 147
the court must consider all time -sharing factors in subsection 148
(3) when developing a time -sharing schedule. 149
7. Access to records and information pertaining to a minor 150
HB 1589 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1589-00
Page 7 of 7
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
child, including, but not limited to, medical, dental, a nd 151
school records, may not be denied to either parent. Full rights 152
under this subparagraph apply to either parent unless a court 153
order specifically revokes these rights, including any 154
restrictions on these rights as provided in a domestic violence 155
injunction. A parent having rights under this subparagraph has 156
the same rights upon request as to form, substance, and manner 157
of access as are available to the other parent of a child, 158
including, without limitation, the right to in -person 159
communication with medica l, dental, and education providers. 160
Section 3. There is created a pilot project for forensic 161
social workers in the Thirteenth Judicial Circuit. The forensic 162
social workers shall be provided evidence -based resources as 163
directed by the chief judge of the circuit for an expanded 164
family law civil division to provide education to families in 165
domestic relations matters, connect litigants with resources to 166
promote the best interests of children in domestic relations 167
cases, and assist judges in facilitating the speedy resolution 168
of cases. The program shall run from July 1, 2025, through June 169
30, 2026. No later than December 31, 2026, the chief judge shall 170
submit to the Governor, the President of the Senate, and the 171
Speaker of the House of Representatives a repor t concerning the 172
results of the program and containing any recommendations for 173
expansion of such educational programs statewide. 174
Section 4. This act shall take effect July 1, 2025. 175