Florida 2025 Regular Session

Florida House Bill H1589 Compare Versions

Only one version of the bill is available at this time.

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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to family law proceedings; amending s. 2
16	16	61.052, F.S.; requiring a court reporter to transcribe 3
17	17	certain proceedings or requiring an audio recording to 4
18	18	be made; providing that either party in a dissolution 5
19	19	of marriage proceeding may request a jury trial; 6
20	20	amending s. 61.13, F.S.; requiring a judge to make 7
21	21	specific findings concerning certain allegations if 8
22	22	the party against whom allegations were made r etains 9
23	23	parental responsibility; creating a pilot project in a 10
24	24	specified judicial circuit for specified purposes; 11
25	25	providing for duration of the program; requiring a 12
26	26	report and recommendations; providing an effective 13
27	27	date. 14
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29	29	WHEREAS, the Legislature find s that requiring the presence 16
30	30	of a court reporter would stabilize the record in certain family 17
31	31	law proceedings and facilitate appellate review, and 18
32	32	WHEREAS, requiring a specific finding by a judge concerning 19
33	33	allegations of abuse helps to assure litigants that their voices 20
34	34	were heard and the law as written was considered and applied, 21
35	35	and 22
36	36	WHEREAS, requiring specific written findings concerning 23
37	37	abuse allegations promotes speedy appellate review of such 24
38	38	rulings, NOW, THEREFORE, 25
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47	47	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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52	52	Be It Enacted by the Legisla ture of the State of Florida: 27
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54	54	Section 1. Subsections (9) and (10) are added to section 29
55	55	61.052, Florida Statutes, to read: 30
56	56	61.052 Dissolution of marriage. — 31
57	57	(9) In all disputes involving allegations of abuse or 32
58	58	neglect of children: 33
59	59	(a) A court reporter shall transcribe all hearings, 34
60	60	testimony, trials, and rulings from the bench; or 35
61	61	(b) An audio recording shall be made of all such hearings, 36
62	62	testimony, trials, and rulings from the bench, which shall be 37
63	63	admissible in evidence to facilitate appellate review. 38
64	64	(10) In an action for dissolution of a marriage, either 39
65	65	party may demand a jury trial. 40
66	66	Section 2. Paragraph (c) of subsection (2) of section 41
67	67	61.13, Florida Statutes, is amended to read: 42
68	68	61.13 Support of children; parenting and time -sharing; 43
69	69	powers of court.— 44
70	70	(2) 45
71	71	(c) The court shall determine all matters relating to 46
72	72	parenting and time-sharing of each minor child of the parties in 47
73	73	accordance with the best interests of the child and in 48
74	74	accordance with the Uniform Child Custody Jurisdiction and 49
75	75	Enforcement Act, excep t that modification of a parenting plan 50
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84	84	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	88	and time-sharing schedule requires a showing of a substantial 51
89	89	and material change of circumstances. 52
90	90	1. It is the public policy of this state that each minor 53
91	91	child has frequent and continuing contact with both paren ts 54
92	92	after the parents separate or the marriage of the parties is 55
93	93	dissolved and to encourage parents to share the rights and 56
94	94	responsibilities, and joys, of childrearing. Unless otherwise 57
95	95	provided in this section or agreed to by the parties, there is a 58
96	96	rebuttable presumption that equal time -sharing of a minor child 59
97	97	is in the best interests of the minor child. To rebut this 60
98	98	presumption, a party must prove by a preponderance of the 61
99	99	evidence that equal time -sharing is not in the best interests of 62
100	100	the minor child. Except when a time-sharing schedule is agreed 63
101	101	to by the parties and approved by the court, the court must 64
102	102	evaluate all of the factors set forth in subsection (3) and make 65
103	103	specific written findings of fact when creating or modifying a 66
104	104	time-sharing schedule. 67
105	105	2. The court shall order that the parental responsibility 68
106	106	for a minor child be shared by both parents unless the court 69
107	107	finds that shared parental responsibility would be detrimental 70
108	108	to the child. In determining detriment to the child, the court 71
109	109	shall consider: 72
110	110	a. Evidence of domestic violence, as defined in s. 741.28; 73
111	111	b. Whether either parent has or has had reasonable cause 74
112	112	to believe that he or she or his or her minor child or children 75
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121	121	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	125	are or have been in imminent danger of becoming victims of an 76
126	126	act of domestic violence as defined in s. 741.28 or sexual 77
127	127	violence as defined in s. 784.046(1)(c) by the other parent 78
128	128	against the parent or against the child or children whom the 79
129	129	parents share in common regardless of whether a cause of action 80
130	130	has been brought or is currently pending in the court; 81
131	131	c. Whether either parent has or has had reasonable cause 82
132	132	to believe that his or her minor child or children are or have 83
133	133	been in imminent danger of becoming victims of an act of abuse, 84
134	134	abandonment, or neglect, as those terms are defined in s. 39.01, 85
135	135	by the other parent against the child or children whom the 86
136	136	parents share in common regardless of whether a cause of action 87
137	137	has been brought or is currently pending in the court; and 88
138	138	d. Any other relevant factors. 89
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140	140	In any proceeding in which allegations under this subparagraph 91
141	141	are made, the court shall make specific written findings 92
142	142	concerning the allegations if the judge finds that the parent 93
143	143	against whom such allegations were made is to have any parental 94
144	144	responsibility for the child. 95
145	145	3. The following evidence creates a rebuttable presumption 96
146	146	that shared parental responsibility is detrimental to the child: 97
147	147	a. A parent has been convicted of a misdemeanor of the 98
148	148	first degree or higher involving domestic violence, as d efined 99
149	149	in s. 741.28 and chapter 775; 100
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158	158	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	162	b. A parent meets the criteria of s. 39.806(1)(d); or 101
163	163	c. A parent has been convicted of or had adjudication 102
164	164	withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 103
165	165	at the time of the offense: 104
166	166	(I) The parent was 18 years of age or older. 105
167	167	(II) The victim was under 18 years of age or the parent 106
168	168	believed the victim to be under 18 years of age. 107
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170	170	If the presumption is not rebutted after the convicted parent is 109
171	171	advised by the court that the presumption exists, shared 110
172	172	parental responsibility, including time -sharing with the child, 111
173	173	and decisions made regarding the child, may not be granted to 112
174	174	the convicted parent. However, the convicted parent is not 113
175	175	relieved of any obligation to provide financial support. If the 114
176	176	court determines that shared parental responsibility would be 115
177	177	detrimental to the child, it may order sole parental 116
178	178	responsibility and make such arrangements for time -sharing as 117
179	179	specified in the parenting plan as will best protect the child 118
180	180	or abused spouse from further harm. Whether or not there is a 119
181	181	conviction of any offense of domestic violence or child abuse or 120
182	182	the existence of an injunction for protection against domestic 121
183	183	violence, the court shall consider evidence of domestic violence 122
184	184	or child abuse as evidence of detriment to the child. 123
185	185	4. In ordering shared parental responsibility, the court 124
186	186	may consider the expressed desires of the parents and may grant 125
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195	195	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	199	to one party the ultimate responsibility over specific aspects 126
200	200	of the child's welfare or may div ide those responsibilities 127
201	201	between the parties based on the best interests of the child. 128
202	202	Areas of responsibility may include education, health care, and 129
203	203	any other responsibilities that the court finds unique to a 130
204	204	particular family. 131
205	205	5. The court shall ord er sole parental responsibility for 132
206	206	a minor child to one parent, with or without time -sharing with 133
207	207	the other parent if it is in the best interests of the minor 134
208	208	child. 135
209	209	6. There is a rebuttable presumption against granting 136
210	210	time-sharing with a minor child i f a parent has been convicted 137
211	211	of or had adjudication withheld for an offense enumerated in s. 138
212	212	943.0435(1)(h)1.a., and at the time of the offense: 139
213	213	a. The parent was 18 years of age or older. 140
214	214	b. The victim was under 18 years of age or the parent 141
215	215	believed the victim to be under 18 years of age. 142
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217	217	A parent may rebut the presumption upon a specific finding in 144
218	218	writing by the court that the parent poses no significant risk 145
219	219	of harm to the child and that time -sharing is in the best 146
220	220	interests of the minor child. I f the presumption is rebutted, 147
221	221	the court must consider all time -sharing factors in subsection 148
222	222	(3) when developing a time -sharing schedule. 149
223	223	7. Access to records and information pertaining to a minor 150
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236	236	child, including, but not limited to, medical, dental, a nd 151
237	237	school records, may not be denied to either parent. Full rights 152
238	238	under this subparagraph apply to either parent unless a court 153
239	239	order specifically revokes these rights, including any 154
240	240	restrictions on these rights as provided in a domestic violence 155
241	241	injunction. A parent having rights under this subparagraph has 156
242	242	the same rights upon request as to form, substance, and manner 157
243	243	of access as are available to the other parent of a child, 158
244	244	including, without limitation, the right to in -person 159
245	245	communication with medica l, dental, and education providers. 160
246	246	Section 3. There is created a pilot project for forensic 161
247	247	social workers in the Thirteenth Judicial Circuit. The forensic 162
248	248	social workers shall be provided evidence -based resources as 163
249	249	directed by the chief judge of the circuit for an expanded 164
250	250	family law civil division to provide education to families in 165
251	251	domestic relations matters, connect litigants with resources to 166
252	252	promote the best interests of children in domestic relations 167
253	253	cases, and assist judges in facilitating the speedy resolution 168
254	254	of cases. The program shall run from July 1, 2025, through June 169
255	255	30, 2026. No later than December 31, 2026, the chief judge shall 170
256	256	submit to the Governor, the President of the Senate, and the 171
257	257	Speaker of the House of Representatives a repor t concerning the 172
258	258	results of the program and containing any recommendations for 173
259	259	expansion of such educational programs statewide. 174
260	260	Section 4. This act shall take effect July 1, 2025. 175