Florida 2023 Regular Session Status: In Committee Bipartisan · 18 D · 11 R cosponsors

HB 97 — Domestic Violence

Last action — Laid on Table; companion bill(s) passed, see CS/CS/SB 130 (Ch. 2023-112)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

In plain language

This bill adjusts how courts consider domestic violence in parenting decisions during divorce proceedings.

The bill requires courts to evaluate specific factors related to domestic violence when determining shared parental responsibility and ordering parenting plans. It aims to ensure child safety by considering potential dangers to children from domestic violence situations.

What this means for you
  • Families: For families, this bill emphasizes child safety in custody decisions amid domestic violence concerns.

Summary

Domestic Violence; Requires court with jurisdiction over dissolution of marriage proceeding to consider factors in deciding whether shared parental responsibility is detrimental to child; provides additional conduct relating to domestic violence which court must consider when ordering parenting plan; provides additional factor court must consider in determining whether petitioner of domestic violence injunction is in imminent danger.

Bill Text

What changed in the latest version

218 added · 358 removed

218 line(s) added, 358 removed.

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Latest
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 CS/CS/HB97 2023 A bill to be entitled An act relating to domestic violence;
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 CS/HB97 2023 A bill to be entitled An act relating to domestic violence;
conforming a provision to changes made by the act;
powers of court.— (2) Page 1of 14 CODING:
powers of court.— (2) (c) The court shall determine all matters relating to Page 1of 9 CODING:
hb0097-02-c2 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 CS/CS/HB97 2023 (c) The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, except that modification of a parenting plan and time-sharing schedule requires a showing of a substantial, material, and unanticipated change of circumstances.
hb0097-01-c1 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 CS/HB97 2023 parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, except that modification of a parenting plan and time-sharing schedule requires a showing of a substantial, material, and unanticipated change of circumstances.
Whether either parent has or has had reasonable cause to believe that he or she or his or her minor child is or has been in imminent danger of becoming a victim of domestic Page 2of 14 CODING:
Whether either parent has or has had reasonable cause to believe that he or she or his or her minor child is or has been in imminent danger of becoming a victim of domestic violence as defined in s.
741.28 or sexual violence as defined Page 2of 9 CODING:
hb0097-02-c2 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 CS/CS/HB97 2023 violence as defined in s.
hb0097-01-c1 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 CS/HB97 2023 in s.
741.28 or sexual violence as defined in s.
(II) The victim was under 18 years of age or the parent Page 3of 14 CODING:
(II) The victim was under 18 years of age or the parent believed the victim to be under 18 years of age.
Page 3of 9 CODING:
hb0097-02-c2 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 CS/CS/HB97 2023 believed the victim to be under 18 years of age.
hb0097-01-c1 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 CS/HB97 2023 77 If the presumption is not rebutted after the convicted parent is advised 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.
78 If the presumption is not rebutted after the convicted parent is advised 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.
Page 4of 14 CODING:
5.4.
The court shall order sole parental responsibility Page 4of 9 CODING:
hb0097-02-c2 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 CS/CS/HB97 2023 5.4.
hb0097-01-c1 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 CS/HB97 2023 for a minor child to one parent, with or without time-sharing with the other parent if it is in the best interests of the minor child.
The court shall order sole parental responsibility for a minor child to one parent, with or without time-sharing with the other parent if it is in the best interests of the minor child.
A parent having rights under this subparagraph has Page 5of 14 CODING:
A parent having rights under this subparagraph has the same rights upon request as to form, substance, and manner Page 5of 9 CODING:
hb0097-02-c2 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 CS/CS/HB97 2023 the same rights upon request as to form, substance, and manner of access as are available to the other parent of a child, including, without limitation, the right to in-person communication with medical, dental, and education providers.
hb0097-01-c1 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 CS/HB97 2023 of access as are available to the other parent of a child, including, without limitation, the right to in-person communication with medical, dental, and education providers.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect or evidence that a parent has or has had reasonable cause to believe that he or she or his or her minor child is in imminent danger of becoming a victim of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or Page 6of 14 CODING:
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect or evidence that a parent has or has had reasonable cause to believe that he or she or his or her minor child is in imminent danger of becoming a victim 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 Page 6of 9 CODING:
hb0097-02-c2 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 CS/CS/HB97 2023 pending action relating to those issues has been brought.
hb0097-01-c1 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 CS/HB97 2023 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.
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.
Paragraph (b) of subsection (3) and paragraph (b) of subsection (6) of section 741.30, Florida Statutes, are amended to read:
Paragraph (b) of subsection (6) of section 741.30, Florida Statutes, is amended to read:
public records exemption.— (3) (b) The sworn petition shall be in substantially the following form:
public records exemption.— (6) (b) In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:
PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC VIOLENCE Before me, the undersigned authority, personally appeared Petitioner ...(Name)..., who has been sworn and says that the following statements are true:
(a) Petitioner resides at:
...(address)...
(Petitioner may furnish address to the court in a separate confidential filing if, for safety reasons, the petitioner Page 7of 14 CODING:
Words strickenare deletions;
words underlined are additions.
hb0097-02-c2 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 CS/CS/HB97 2023 requires the location of the current residence to be confidential.) (b) Respondent resides at:
...(last known address)...
(c) Respondent's last known place of employment:
...(name of business and address)...
(d) Physical description of respondent:...................
Race........
Sex........
Date of birth........
Height........
Weight........
Show all 105 changed rows (65 more)
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Eye color........
Hair color........
Distinguishing marks or scars........
(e) Aliases of respondent:
...............................
(f) Respondent is the spouse or former spouse of the petitioner or is any other person related by blood or marriage to the petitioner or is any other person who is or was residing within a single dwelling unit with the petitioner, as if a family, or is a person with whom the petitioner has a child in common, regardless of whether the petitioner and respondent are or were married or residing together, as if a family.
(g) The following describes any other cause of action currently pending between the petitioner and respondent:
........
The petitioner should also describe any previous or pending Page 8of 14 CODING:
Words strickenare deletions;
words underlined are additions.
hb0097-02-c2 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 CS/CS/HB97 2023 attempts by the petitioner to obtain an injunction for protection against domestic violence in this or any other circuit, and the results of that attempt:.......................
Case numbers should be included if available.
(h) Petitioner is either a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence because respondent has:
...(mark all sections that apply and describe in the spaces below the incidents of violence or threats of violence, specifying when and where they occurred, including, but not limited to, locations such as a home, school, place of employment, or visitation exchange)...
................................................................
................................................................
....committed or threatened to commit domestic violence defined in s.
741.28, Florida Statutes, as 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.
With the exception of persons who are parents of 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.
....previously threatened, harassed, stalked, or physically Page 9of 14 CODING:
Words strickenare deletions;
words underlined are additions.
hb0097-02-c2 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 CS/CS/HB97 2023 abused the petitioner.
....attempted to harm the petitioner or family members or individuals closely associated with the petitioner.
....threatened to conceal, kidnap, or harm the petitioner's child or children.
....intentionally injured or killed a family pet.
....used, or has threatened to use, against the petitioner any weapons such as guns or knives.
....physically restrained the petitioner from leaving the home or calling law enforcement.
....a criminal history involving violence or the threat of violence (if known).
....another order of protection issued against him or her previously or from another jurisdiction (if known).
....destroyed personal property, including, but not limited to, telephones or other communication equipment, clothing, or other items belonging to the petitioner.
....engaged in a pattern of abusive, threatening, intimidating, or controlling behavior composed of a series of acts over a period of time, however short.
....engaged in any other behavior or conduct that leads the petitioner to have reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence.
(i) Petitioner alleges the following additional specific facts:
...(mark appropriate sections)...
Page 10 of14 CODING:
Words strickenare deletions;
words underlined are additions.
hb0097-02-c2 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 CS/CS/HB97 2023 ....A minor child or minor children reside with the petitioner whose names and ages are as follows:
.................
....Petitioner needs the exclusive use and possession of the dwelling that the parties share.
....Petitioner is unable to obtain safe alternative housing because:
......................................................
....Petitioner genuinely fears that respondent imminently will abuse, remove, or hide the minor child or children from petitioner because:............................................
(j) Petitioner genuinely fears imminent domestic violence by respondent.
(k) Petitioner seeks an injunction:
...(mark appropriate section or sections)...
....Immediately restraining the respondent from committing any acts of domestic violence.
....Restraining the respondent from committing any acts of domestic violence.
....Awarding to the petitioner the temporary exclusive use and possession of the dwelling that the parties share or excluding the respondent from the residence of the petitioner.
....Providing a temporary parenting plan, including a temporary time-sharing schedule, with regard to the minor child Page 11 of14 CODING:
Words strickenare deletions;
words underlined are additions.
hb0097-02-c2 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 CS/CS/HB97 2023 or children of the parties which might involve prohibiting or limiting time-sharing or requiring that it be supervised by a third party.
....Establishing temporary support for the minor child or children or the petitioner.
....Directing the respondent to participate in a batterers' intervention program.
....Providing any terms the court deems necessary for the protection of a victim of domestic violence, or any minor children of the victim, including any injunctions or directives to law enforcement agencies.
(6) (b) In determining whether a petitioner has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court shall consider and evaluate all relevant factors alleged in the petition, including, but not limited to:
Whether the respondent has intentionally injured or Page 12 of14 CODING:
Whether the respondent has intentionally injured or Page 7of 9 CODING:
hb0097-02-c2 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 CS/CS/HB97 2023 killed a family pet.
hb0097-01-c1 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 CS/HB97 2023 killed a family pet.
Page 13 of14 CODING:
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hb0097-02-c2 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 CS/CS/HB97 2023 In making its determination under this paragraph, the court is not limited to those factors enumerated in subparagraphs 1.-11 1.-10.
hb0097-01-c1 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 CS/HB97 2023 In making its determination under this paragraph, the court is not limited to those factors enumerated in subparagraphs 1.-11 1.-10.
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hb0097-02-c2
hb0097-01-c1
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends existing laws related to domestic violence and shared parental responsibility in Florida, enhancing the considerations for courts when determining parenting plans and domestic violence injunctions.

  • 61.13

    the court shall consider all of the following: → the court shall consider all of the following, including but not limited to:

    This change clarifies that the court can consider not only the listed factors but also additional relevant factors.

  • 61.13

    The court shall determine all matters relating to parenting and time-sharing of each minor child of the parties in accordance with the best interests of the child and in accordance with the Uniform Child Custody Jurisdiction and Enforcement Act, except that modification of a parenting plan and time-sharing schedule requires a showing of a substantial, material, and unanticipated change of circumstances. → In determining detriment to the child, the court shall consider all of the following factors, which shall not be construed to create a presumption for or against shared parenting:

    This change specifies that the court must consider certain factors when determining if shared parental responsibility is detrimental.

  • 61.13

    a. Evidence of domestic violence, as defined in s. 741.28. → a. Evidence of domestic violence, as defined in s. 741.28, shall be evaluated along with the other factors mentioned herein.

    This change emphasizes that evidence of domestic violence is a crucial consideration among other factors.

  • 741.30

    There is a rebuttable presumption against granting time-sharing with a minor child if a parent has been convicted of or had adjudication withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and at the time of the offense: → There is a rebuttable presumption against granting time-sharing with a minor child if a parent has been convicted of or had adjudication withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and at the time of the offense:

    This change clarifies the conditions under which time-sharing can be denied due to a parent's criminal history.

  • 741.30

    [text of existing law] → [text reflective of amended considerations including additional factors.]

    This change aligns the law with the new factors and considerations included regarding domestic violence in injunction proceedings.

  • 61.13

    by the other parent against the parent or against the child or children whom the parents share in common regardless of whether a cause of action has been brought or is currently pending in the court. → by the other parent against the parent or against any minor child of the parent or children whom the parents share in common, regardless of whether a cause of action has been brought or is currently pending in court.

    This change clarifies that the considerations apply broadly to any minor child associated with the parents.

  • 61.13

    the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child. → the court shall consider evidence of domestic violence or child abuse, irrespective of convictions or ongoing injunctions, as pivotal to assessing detriment to the child.

    This change broadens the scope of evidence that can be used to determine detriment to a child.

  • 61.13

    sole parental responsibility for a minor child to one parent, → sole parental responsibility for a minor child to one parent, with or without structured time-sharing with the other parent,

    This change clarifies that the court can still decide time-sharing arrangements even when awarding sole responsibility.

  • 61.13

    that would be detrimental to the child, it may order sole parental responsibility → that would be detrimental to the child, it may order sole parental responsibility along with appropriate protective measures for the child or abusive spouse,

    This change emphasizes protection measures for children in cases of domestic violence.

  • 61.13

    the parent poses no significant risk of harm to the child → the parent poses no significant risk of harm to the child and that time-sharing is in the best interests of the minor child;

    This change provides requirements for a court finding in rebutting presumption against time-sharing.

Action History

  1. Laid on Table; companion bill(s) passed, see CS/CS/SB 130 (Ch. 2023-112)

  2. Substituted CS/CS/SB 130

  3. Bill added to Special Order Calendar (4/18/2023)

  4. Added to Second Reading Calendar

  5. Bill released to House Calendar

  6. Reported out of Judiciary Committee

  7. Favorable by Judiciary Committee

  8. Added to Judiciary Committee agenda

  9. Now in Judiciary Committee

  10. Referred to Judiciary Committee

  11. 1st Reading (Committee Substitute 2)

  12. CS Filed

  13. Laid on Table under Rule 7.18(a)

  14. Reported out of Children, Families & Seniors Subcommittee

  15. Favorable with CS by Children, Families & Seniors Subcommittee

  16. 1st Reading (Committee Substitute 1)

  17. 1st Reading (Original Filed Version)

  18. Added to Children, Families & Seniors Subcommittee agenda

  19. Now in Children, Families & Seniors Subcommittee

  20. Referred to Judiciary Committee

  21. Referred to Children, Families & Seniors Subcommittee

  22. CS Filed

  23. Laid on Table under Rule 7.18(a)

  24. Reported out of Civil Justice Subcommittee

  25. Favorable with CS by Civil Justice Subcommittee

  26. Added to Civil Justice Subcommittee agenda

  27. Now in Civil Justice Subcommittee

  28. Referred to Judiciary Committee

  29. Referred to Children, Families & Seniors Subcommittee

  30. Referred to Civil Justice Subcommittee

  31. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 34 co-sponsors · 123 not signed on

Sponsors (3)

  • Cassel, Hillary Republican
  • Civil Justice Subcommittee
  • Children, Families & Seniors Subcommittee

Co-sponsors (34)

Not signed on (123)

123 members have not signed on to this bill.

Show all 123 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable (Judiciary Committee)

Passed 20 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democrat 6003
Republican 12001
Total 20004
% of votes cast 83%0%0%17%
How each member voted (24)
Member Party Vote
Altman — Yea
Payne — Yea
Arrington, Kristen Aston Democrat Yea
Bracy Davis, LaVon Democrat Yea
Chambliss, Kevin D. Democrat Not Voting
Daley, Dan Democrat Yea
Gottlieb, Michael "Mike" Democrat Not Voting
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
López, Johanna Democrat Not Voting
Barnaby, Webster Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Fabricio, Tom Republican Not Voting
Giallombardo, Mike Republican Yea
Jacques, Berny Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Tramont, Chase Republican Yea
Truenow, Keith L. Republican Yea

Official roll call →

Favorable With Committee Substitute (Children, Families & Seniors Subcommittee)

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 10000
Democrat 5000
Unaffiliated 3000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Roach — Yea
Williams — Yea
Lopez, V. — Yea
Harris, Jennifer "Rita" Democrat Yea
Joseph, Dotie Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Woodson, Marie Paule Democrat Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Gossett-Seidman, Peggy Republican Yea
Koster, Traci Republican Yea
Maney, Patt Republican Yea
Michael, Kiyan Republican Yea
Plasencia, Susan Republican Yea
Tramont, Chase Republican Yea

Official roll call →

Favorable With Committee Substitute (Civil Justice Subcommittee)

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 5000
Unaffiliated 2000
Republican 11000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Beltran — Yea
Roth — Yea
Arrington, Kristen Aston Democrat Yea
Campbell, Daryl Democrat Yea
Daniels, Kimberly Democrat Yea
Gantt, Ashley Viola Democrat Yea
López, Johanna Democrat Yea
Black, Dean Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
McFarland, Fiona Republican Yea
Michael, Kiyan Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does HB 97 do?
Domestic Violence; Requires court with jurisdiction over dissolution of marriage proceeding to consider factors in deciding whether shared parental responsibility is detrimental to child; provides additional conduct relating to domestic violence which court must consider when ordering parenting plan; provides additional factor court must consider in determining whether petitioner of domestic violence injunction is in imminent danger.
Who sponsors HB 97?
HB 97 is sponsored by Woodson, Marie Paule (Democrat), Williams, Valdés, Susan L. (Republican), Tramont, Chase (Republican), Snyder, John (Republican), Skidmore, Kelly (Democrat), Rudman, Roth, Robinson, Felicia Simone (Democrat), Roach, Rizo, Alex (Republican), Rayner-Goolsby, Nixon, Angela "Angie" (Democrat), López, Johanna (Democrat), Leek, Thomas J. "Tom" (Republican), Koster, Traci (Republican), Joseph, Dotie (Democrat), Hunschofsky, Christine (Democrat), Hart-Lowman, Dianne "Ms Dee" (Democrat), Harris, Jennifer "Rita" (Democrat), Gottlieb, Michael "Mike" (Democrat), Gantt, Ashley Viola (Democrat), Franklin II, Gallop (Democrat), Eskamani, Dr. Anna V. (Democrat), Edmonds, Jervonte "Tae" (Democrat), Daniels, Kimberly (Democrat), Daley, Dan (Democrat), Cross, Lindsay (Democrat), Chaney, Linda (Republican), Berfield, Kimberly (Republican), Benjamin, Bartleman, Robin (Democrat), Bankson, Douglas Michael "Doug" (Republican), Cassel, Hillary (Republican), Civil Justice Subcommittee, Children, Families & Seniors Subcommittee, and Lopez, Vicki L. (Republican).
What is the current status of HB 97?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 97?
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