The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 130
INTRODUCER: Rules Committee; Judiciary Committee; and Senator Berman and others
SUBJECT: Domestic Violence
DATE: March 16, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Davis Cibula JU Fav/CS
2. Davis Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 130 amends two statutes in an effort to refine the descriptions of what constitutes
evidence or risks of domestic violence for use in child custody determinations and in domestic
violence injunction proceedings.
Section 61.13, F.S., expands the list of factors a court must consider when determining whether
shared parental responsibility, meaning shared authority to make decisions for a child, would be
detrimental to a child. The new factors require the court to also consider:
 Evidence of domestic violence;
 Whether a parent, in the past or currently, has reasonable cause to believe that he or she or
the minor child is or has been in imminent danger of becoming a victim of domestic violence
or sexual violence by the other parent, even if no legal action has been brought or is currently
pending in court;
 Whether either parent, in the past or currently, has reasonable cause to believe that the shared
minor child is or has been in imminent danger of becoming a victim of abuse, abandonment,
or neglect by the other parent, even if no legal action has been brought or is currently
pending; and
 Any other relevant factors.
Additionally, when a parental responsibility or time-sharing schedule is established or modified
by a court, the “best interest of the child” factors that the court must consider are expanded to
BILL: CS/CS/SB 130 Page 2
include evidence that a parent has or has had reasonable cause to believe that he or she or the
minor child is in imminent danger of becoming a victim of domestic violence.
Section 741.30, F.S., expands the factors a court must consider when determining whether to
issue a domestic violence injunction. The court must consider whether the respondent named in
the petition has engaged in a pattern of abusive or threatening behaviors which demonstrates a
continuing purpose and which reasonably causes the petitioner to believe that he or she or the
minor shared child is in imminent danger of becoming a victim of an act of domestic violence.
Additionally, the bill adds another option on the sworn form that a petitioner may select when
filing a petition for a domestic violence injunction. The additional option is that the respondent
has engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed
of a series of acts over a period of time, however short.
The bill takes effect July 1, 2023.
II. Present Situation:
Greyson Kessler: A Victim of Domestic Violence
Greyson Kessler, a 4-year-old boy, was shot and killed by his father who then killed himself.
Greyson’s parents shared custody of their son, although his mother, Alison Kessler, witnessed
many alarming indications that the father, John Stacey, was dangerous.
According to media reports, John Stacey regularly harassed Alison Kessler. He sent disturbing
voice and text messages in which he called her degrading names and said she deserved to be
decapitated and killed. He also installed a tracking device on her car and tracked her
movements.1
Alison Kessler became increasingly alarmed for Greyson’s safety when she realized that
Greyson’s father would harm their son simply to hurt her. On Wednesday, May 19, 2021,
Greyson’s father picked him up for a visit. Alison tried making contact with the father but did
not receive a response over the next two days. She feared for Greyson’s safety and petitioned a
court on Thursday for a permanent restraining order to keep the father away from their son. She
cited the escalating nature of recent text messages.2
Alison learned that Greyson was absent from school on Thursday and Friday. On Friday, May
21, Alison Kessler’s attorney filed a request for an emergency order to have local authorities pick
up Greyson from his father. The attorney noted that the mother was justifiably concerned that
Greyson could be injured while in the care of his father.3 Police found the bodies of Greyson and
1
See KC Baker, Fla. Boy, 4, Killed by Dad in Murder-Suicide on Day Mom Asked Court to Keep Father Away From Him,
People (May 25, 2021), https://people.com/crime/florida-boy-killed-by-dad-murder-suicide-mom-asked-court-keep-father-
away/.
2
CBS Miami, Police Confirm Murder-Suicide In Deaths of Father, 4-Year-Old Son Greyson Kessler Hours Before
Emergency Pick-Up Order Was Denied (May 25, 2021), https://www.cbsnews.com/miami/news/emergency-pickup-order-
denied-hours-before-greyson-kessler-father-dead-fort-lauderdale/.
3
Id.
BILL: CS/CS/SB 130 Page 3
his father at the father’s apartment on Friday night and believed the deaths may have occurred on
Thursday.4
According to one media report and the testimony of Alison Kessler, the judge denied the request
for the domestic violence injunction. The judge stated that Alison failed to allege that any of the
father’s actions would constitute domestic violence under the current law because the threats
were directed at her and not to the child.5
Chapter 61 – Dissolution of Marriage and Parenting Responsibilities
In general terms, chapter 61, F.S., contains the statutes that govern the dissolution of marriage,
the distribution of assets and liabilities arising from the marriage, and the parents’
responsibilities to support and care for their children, whether the parents are married or
unmarried.
Parenting and Time-Sharing: Factors to Consider When Determining What Is Detrimental to
a Child
Section 61.13, F.S., establishes a court’s authority to order payments for child support and to
approve, grant, or modify a parenting plan.6 When making a decision in these areas, the guiding
principle a court must follow is the “best interests of the child” standard. Additionally, the public
policy of the state is that each child have frequent and continuing contact with both parents
unless the court finds that shared parental responsibility would be detrimental to the child.
Shared parental responsibility refers to the authority of both parents, regardless of the time-
sharing schedule, to make decisions for the child in matters such as education and health care.7
However, the following factors in s. 61.13(2)(c)2., F.S., create a rebuttable presumption of
detriment to the child if the parent:
 Has been convicted of a first degree misdemeanor or higher involving domestic violence as
defined in s. 741.28, F.S.,8 and chapter 775;
4
Peter Belfiore, DailyMail.com, Father kills his son, 4, then himself after child's mother begged cops to check on him when
he sent her threatening texts saying she 'deserved to have her head separated from her body’ (May 24, 2021),
https://www.dailymail.co.uk/news/article-9612843/Florida-woman-says-authorities-failed-act-4-year-old-sons-death-
murder-suicide.html.
5
CBS Miami, Police Confirm Murder-Suicide In Deaths of Father, 4-Year-Old Son Greyson Kessler Hours Before
Emergency Pick-Up Order Was Denied (May 25, 2021), https://www.cbsnews.com/miami/news/emergency-pickup-order-
denied-hours-before-greyson-kessler-father-dead-fort-lauderdale/; Senate Committee on Judiciary, March 7, 2023, SB 130,
Domestic Violence (Testimony of Alison Kessler at approximately 20.38 minutes).
https://www.flsenate.gov/media/videoplayer?EventID=1_ky7xx6qg-202303071400&Redirect=true.
6
A parenting plan is the document that is created “to govern the relationship between the parents relating to the decisions that
must be made regarding the minor child and must contain a time-sharing schedule for the parents and child.”
Section 61.046(14) F.S.
7
See s. 61.13(2)(c)3., F.S.
8
“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery,
stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of
one family or household member by another family or household member. Section 741.28(2), F.S.
BILL: CS/CS/SB 130 Page 4
 Is incarcerated for a significant portion of the child’s minority and has been convicted of
serious violent or sexual offenses or the court finds clear and convincing evidence that harm
would result from continuing the parent-child relationship;9 or
 Has been convicted of or had adjudication withheld for an offense that requires the person to
register as a sexual offender,10 and was 18 years of age or older and the victim was under the
age of 18 years or the parent believed the victim was under 18 years of age.
If the presumption of detriment to the child is not rebutted by the convicted parent after being
notified by the court that the presumption exists, shared parental responsibility, including time-
sharing with the child and decisions made regarding the child, may not be granted to the
convicted parent. The court must consider evidence of domestic violence or child abuse as
evidence of detriment to the child, regardless of whether there is a conviction for those offenses.
If a court determines that shared parental responsibility would be detrimental to the child, the
court may order sole parental responsibility and make arrangements for time-sharing that will
best protect the child or abused parent from further harm.11
Factors to Consider When Determining the Best Interests of a Child in a Parenting Plan
Section 61.13(3), F.S., states that when a court establishes or modifies parental responsibility and
creates, develops, approves, or modifies a parenting plan, including a time-sharing schedule,12
the best interests of the child is the court’s primary consideration. Parental responsibility, a
parenting plan, or a time-sharing plan may not be modified unless there is a showing of a
substantial, material, and unanticipated change in circumstances and there is a determination that
the modification is in the best interests of the child. The statute then provides a list of twenty
factors, although the list is not exhaustive, which a court should consider when determining the
best interests of a child.13
9
Under s. 39.806(1)(d), F.S., these matters constitute grounds for terminating the parental rights of an incarcerated parent.
10
Section 943.0435(1)(h)1.a., F.S., provides a lengthy list of criminal sexual offenses that require a person to register as a
sexual offender with the Department of Law Enforcement.
11
Section 61.13(2)(c)2., F.S.
12
A time-sharing schedule means a timetable that must be included in the parenting plan that specifies the time, including
overnights and holidays, that a minor child will spend with each parent. Section 61.046(14), F.S.
13
Those factors are:
(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, satisfactory 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. This factor does not
create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental 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.
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Chapter 741 – Marriage and Domestic Violence
Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual
assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any
criminal offense resulting in physical injury or death of one family or household member by
another family or household member.14
Domestic Violence Statistics in Florida
In 2021, the most recent year for which complete statistics15 are available from the Department
of Law Enforcement, Florida recorded 103,915 incidents of domestic violence. The primary
offenses by category are:
Murder 192
Manslaughter 28
Simple Assault 82,735
Aggravated Assault 16,183
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the
circumstances of the minor child, including, but not limited to, 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,
such as discipline, and daily schedules for homework, meals, and bedtime.
(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 when 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. If the court accepts
evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child
abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was
considered when evaluating the best interests of the child.
(n) Evidence that either parent has knowingly provided false information to the court 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 and the division of parental
responsibilities before the institution of litigation and during the pending litigation, 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 as
demonstrated by not discussing the litigation with the child, not sharing documents or electronic media
related to the litigation with the child, and refraining from disparaging comments about the other parent to
the child.
(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.
14
Section 741.28(2), F.S.
15
Florida Department of Law Enforcement, Crime in Florida Abstract, January – December 2021,
http://www.fdle.state.fl.us/CJAB/UCR/UCR/2021/Annual/UCR-Crime-in-Florida-Abstract-Statewide-2021A.aspx. According
to FDLE, the source of this information is the Florida Uniform Crime Report, 2021. Statistics for 2022 will be available in
April, 2023.
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