HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 97 Domestic Violence
SPONSOR(S): Children, Families & Seniors Subcommittee, Civil Justice Subcommittee, Cassel and others
TIED BILLS: IDEN./SIM. BILLS: SB 130
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 18 Y, 0 N, As CS Mathews Jones
2) Children, Families & Seniors Subcommittee 18 Y, 0 N, As CS Poche Brazzell
3) Judiciary Committee 20 Y, 0 N Mathews Kramer
SUMMARY ANALYSIS
Florida law recognizes two main components of parenting disputes: parental responsibility and timesharing. Parental
responsibility is the decision-making aspect of parenting, while time-sharing pertains to the more traditional custody
schedule of the child. Florida courts have consistently ruled that a parent’s desire and right to the companionship, care,
custody, and management of his or her child is an important interest that warrants deference and, absent a powerful
countervailing interest, protection.
Chapter 61, F.S., governs domestic relations, including actions for dissolution of marriage (DOM), child custody, child
support, and alimony. Section 61.13, F.S., provides guidelines to assist courts in determining matters related to parenting
and time-sharing of minor children in actions under ch. 61, F.S., in accordance with the best interests of the child while
balancing the rights of parents.
Current law requires the court to order shared parental responsibility of a minor child unless the court finds that shared
parental responsibility would be detrimental to the child and establishes a rebuttable presumption of detriment under
specific, limited circumstances.
Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, false imprisonment, or any other criminal offense resulting in the physical injury
or death of one family or household member by another family or household member. To protect himself or herself from
abuse or threats of abuse, a domestic violence victim may petition for a protective injunction. Under current law, evidence
of domestic violence against the other parent, without a conviction of domestic violence, does not constitute evidence of
detriment to the child.
CS/CS/HB 97 amends s. 61.13, F.S., to:
Expand the factors a court must consider when determining whether a detriment to the child exists with respect to
parental responsibility of a minor child.
Add to the existing factors for modifying or establishing parental responsibility or time-sharing of a minor child.
As such, the bill enhances the protection of the minor child or children from possible abuse, harm, or retaliation by one of
his or her parents.
The bill also amends s. 741.30, F.S., adding an additional factor the court must consider in determining reasonable cause
that the petitioner in a domestic violence matter is in imminent danger of becoming a victim of domestic violence . Finally,
for a sworn petition for domestic violence injunction, the bill essentially updates the form to elicit information regarding this
additional factor.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2023.
FULL ANALYSIS
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Parental Responsibility
Florida law recognizes two main components of parenting disputes: parental responsibility and
timesharing. Parental responsibility is the decision-making aspect of parenting, whereas time-sharing
pertains to the more traditional custody schedule of the child. Florida courts have consistently ruled that
a parent’s desire and right to the companionship, care, custody, and management of his or her children
is an important interest that warrants deference and, absent a powerful countervailing interest,
protection. Although the right to integrity of the family is among the most fundamental rights, when
parents divorce or separate, the parents’ rights are subject to the overriding concern for the ultimate
welfare or best interests of their children.
Section 61.13, F.S., provides guidelines to assist a court in determining matters related to parental
responsibility and parenting1 as well as time-sharing2 of minor children in accordance with the best
interests of the child while balancing the rights of parents. As a threshold consideration, the Legislature
has declared that:
It is the public policy of this state that each minor child has frequent and continuing contact
with both parents after the parents separate or the marriage of the parties is dissolved and
to encourage parents to share the rights and responsibilities, and joys, of childrearing.
There is no presumption for or against the father or mother of the child or for or against
any specific time-sharing schedule when creating or modifying the parenting plan of the
child. 3
Although current law does not provide a presumption in favor of a specific time-sharing schedule, s.
61.13(2)(c)2., F.S., does require the court to order shared parental responsibility of a minor child unless
the court finds that shared parental responsibility would be detrimental to the child. Current law creates
a rebuttable presumption of detriment if a parent:
Has been convicted of a misdemeanor of the first degree or higher involving domestic violence,
as defined in s. 741.28 and chapter 775;
Meets the criteria for the termination of parental rights as established under s. 39.806(1)(d); or
Has been convicted of or has adjudication withheld for a sexual offense enumerated in s.
943.0435(1)(h)1.a. and was 18 or older at the time of the offense and the victim was a minor or
believed to be a minor.
If the presumption of detriment is not rebutted by the parent in question, the court may not award
shared parental responsibility, including time-sharing, with the child and the parent. Further, regardless
of a conviction of any offense of domestic violence, the court must also consider any evidence of
domestic violence to the child or child abuse as evidence of detriment to the child. Under current law,
evidence of domestic violence against the other parent, without a conviction of domestic violence, does
not constitute evidence of detriment to the child.4
For purposes of establishing or modifying parental responsibility, the best interests of the child is the
primary consideration.5 A modification of parental responsibility may not be made without showing a
substantial, material, and unanticipated change in circumstances and that such modification is in the
1 Parenting or parental responsibility refers to the responsibility and right to make important decisions about the child’s wel fare, such as
education and medical care after the parents separate.
2 Time-sharing refers to the time, including overnights and holidays, which the child spends with each parent. S. 61.046(23), F.S.
3 S. 61.13(2)(c)1., F.S.
4 Id.
5 S. 61.13(2)(c), F.S.
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best interests of the child. In determining the best interests of the child, the court must evaluate each of
the following factors:6
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close
and continuing parent-child relationship, to honor the time-sharing schedule, and to be
reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to
which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon
the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable environment and the desirability of maintaining
continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-
age children and the amount of time to be spent traveling to effectuate the parenting plan.
(f) The moral fitness of the parents.
(g) The mental health and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient
intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the
circumstances of the minor child, including the child’s friends, teachers, medical care providers,
daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the
child.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent
informed of issues and activities regarding the minor child and the willingness of each parent to
adopt a unified front on all major issues dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child
neglect, regardless of whether a prior or pending action relating to those issues has been
brought.
(n) Evidence that either parent has knowingly provided false information regarding any prior or
pending action regarding domestic violence, sexual violence, child abuse, child abandonment,
or child neglect.
(o) The particular parenting tasks customarily performed by each parent, including the extent to
which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the
child’s school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the
child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation
regarding child custody.
(s) The developmental stages and needs of the child and the demonstrated capacity and
disposition of each parent to meet the child’s developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the
time-sharing schedule.
6 S. 61.13(3), F.S.
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Domestic Violence
Domestic violence means any criminal offense resulting in the physical injury or death of one family or
household member7 by another family or household member,8 including:
Assault;9
Aggravated assault;10
Battery;11
Aggravated battery;12
Sexual assault;13
Sexual battery;14
Stalking;15
Aggravated stalking;16
Kidnapping;17 and
False imprisonment.18
In 2020,19 Florida law enforcement agencies received 106,615 domestic violence reports, 20 resulting in
63,345 arrests.21 During fiscal year 2021-2022, Florida’s 41 certified domestic violence shelters 22
admitted 11,811 victims to a residential services program and 38,630 victims to a non-residential
outreach services program.23 During the same year, the domestic violence centers answered 81,357
crisis hotline calls, completed 171,008 safety plans with survivors, and provided 380,040 direct service
information and referrals to survivors, family members, and individuals seeking services. 24
Domestic Violence Injunctions
7 “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons presently residing
together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in co mmon regardless
of whether they have been married. With the exception of persons who have a child in common, the family or household members must
be currently residing or have in the past resided together in the same single dwelling unit. S. 741.28(3), F.S.
8 S. 741.28(2), F.S.
9 “Assault” means an intentional, unlawful threat by word or act to do violence to another, coupled with an apparent ability to do so,
creating a well-founded fear in such other person that violence is imminent. S. 784.011, F.S.
10 “Aggravated assault” means an assault with a deadly weapon without intent to kill or with intent to commit a felony. S. 784.021, F.S .
11 “Battery” means the actual and intentional touching or striking of another against his or her will or intentionally causing b odily harm to
another. S. 784.03, F.S.
12 “Aggravated battery” means a battery in which the offender intentionally or knowingly caused great bodily harm, permanent dis ability,
or permanent disfigurement; used a deadly weapon; or victimized a person the offender knew or should have known was pregn ant. S.
784.045, F.S.
13
“Sexual assault” has the same meaning as sexual battery.
14 “Sexual battery” means oral, anal, or vaginal penetration by, or in union with, the sexual organ of another or the anal or va ginal
penetration of another by any object, but does not include an act done for a bona fide medical purpose. S. 794.011(1)(h), F.S.
15 “Stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another. S. 784.048(2), F.S.
16 “Aggravated stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another and making a credible
threat to that person. S. 784.048(3), F.S.
17
“Kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another against his or her w ill and without lawful
authority with the intent to hold for ransom or reward or as a shield or hostage; commit or facilitate a felony; inflict bodi ly harm upon or
terrorize another; or interfere with the performance of any governmental or political functi on. S. 787.01(1), F.S.
18 “False imprisonment” means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without
lawful authority and against his or her will. S. 787.02(1), F.S.
19
The Florida Department of Law Enforcement has not issued a report with updated statistics after 2020.
20 Statewide Reported Domestic Violence Offenses in Florida, 1992 -2020, Florida Department of Law Enforcement,
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence/02/DV_Offenses_by_Type.aspx (last visited Feb. 28,
2023).
21 Florida’s County and Jurisdictional Domestic Violence Related Arrests, 2020 , Florida Department of Law Enforcement,
https://www.fdle.state.fl.us/CJAB/UCR/Annual-Reports/UCR-Domestic-Violence/07/DV_Jurisdiction_Arrests_2020.aspx (last visited
Feb. 28, 2023).
22 “Domestic violence shelter” means an agency providing services to domestic violence victims as its primary mission. The Flori da
Department of Children and Families operates the statewide Domestic Vio lence Program, responsible for certifying domestic violence
centers. Section 39.905, F.S., and ch. 65H-1, F.A.C., set forth the minimum domestic violence center certification standards.
23 2022 Domestic Violence Annual Report, Florida Department of Children and Families
https://www.myflfamilies.com/sites/default/files/2023-02/Domestic_Violence_Annual_Report_2021-22.pdf (last visited Feb. 28, 2023).
24 Id.
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An injunction is a court order prohibiting a person from doing a specified act or commanding a person
to undo some wrong or injury.25 An injunction for protection against domestic violence (“domestic
violence injunction”) may be sought by a family or household member. 26 The parties do not need to be
married before a person can seek relief from domestic violence, and a party’s right to seek relief is not
affected by leaving the residence or household to avoid domestic violence. 27
Upon the filing of a petition, the court must set a hearing at the earliest possible time.28 However, if the
court finds the petitioner is in immediate and present danger of domestic violence, it may grant a
temporary injunction in an ex parte proceeding,29 pending a full hearing, and grant relief including:
Restraining the respondent from committing any acts of domestic violence;
Awarding to the