Florida Florida Statutes
§ 39.0139 — Visitation or other contact; restrictions
FS § 39.0139Ch. 39
Statute text
View on source(1)SHORT TITLE.—This section may be cited as the “Keeping Children Safe Act.”
(2)LEGISLATIVE FINDINGS AND INTENT.—(a) The Legislature finds that:1. For some children who are abused, abandoned, or neglected by a parent or other caregiver, abuse may include sexual abuse. 2. These same children are at risk of suffering from further harm during visitation or other contact. 3. Visitation or other contact with the child may be used to influence the child's testimony.
(b)It is the intent of the Legislature to protect children and reduce the risk of further harm to children who have been sexually abused or exploited by a parent or other caregiver by placing additional requirements on judicial determinations related to contact between a parent or caregiver who meets the criteria under paragraph (3)(a) and a child victim in any proceeding pursuant to this chapter.
(3)PRESUMPTION OF DETRIMENT.—(a) A rebuttable presumption of detriment to a child is created when:1. A court of competent jurisdiction has found probable cause exists that a parent or caregiver has sexually abused a child as defined in s. 39.01; 2. A parent or caregiver has been found guilty of, regardless of adjudication, or has entered a plea of guilty or nolo contendere to, charges under the following statutes or substantially similar statutes of other jurisdictions:a. Section 787.04, relating to removing minors from the state or concealing minors contrary to court order; b. Section 794.011, relating to sexual battery; c. Section 798.02, relating to lewd and lascivious behavior; d. Chapter 800, relating to lewdness and indecent exposure; e. Section 826.04, relating to incest; or f. Chapter 827, relating to the abuse of children; or 3. A court of competent jurisdiction has determined a parent or caregiver to be a sexual predator as defined in s. 775.21 or a parent or caregiver has received a substantially similar designation under laws of another jurisdiction.
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Legislative history
s. 1, ch. 2007-109; s. 1, ch. 2011-209; s. 5, ch. 2013-15; s. 37, ch.