The new law creates a rebuttable presumption that equal time-sharing is in the best interest of the child at issue. As such, a court must operate under the rebuttable presumption in favor of equal time-sharing when creating or modifying a parenting plan. In order to overcome the rebuttable presumption, a litigant must prove by a preponderance of the evidence that equal time-sharing is not in the best interests of the minor child.

See HB 1301 for more information.

A change in the law may be of particular importance to fathers. Effective July 1, 2023, a new law signed by Governor DeSantis now acknowledges rights of “unwed fathers.” Until now, the natural guardianship of a child born to unmarried parents defaulted to the mother. However, now Florida’s statute governing “natural guardians” (Section 744.301) will now provide that both the mother “and a father who has established paternity under s. 742.011 or s. 742.10 are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents.”

A father can establish paternity through the initiation of a court action; however, paternity can also be established outside such a proceeding through other avenues, including the execution of a notarized voluntary acknowledgment of paternity (a document signed by both parents that is properly witnessed and signed under penalty of perjury). Pursuant to Sect. 742.10 of the Florida Statutes, a voluntary acknowledgment will constitute an establishment of paternity if not rescinded within 60 days after the date it is signed or otherwise by judicial proceeding/court order and can only be challenged in court under certain circumstances. 

See the full statue here.

Florida has recently made amendments related to dissolution of marriage. Changes to the laws governing alimony awards which will apply to any final judgment entered on or after July 1, 2023 include:

• The option to award permanent (lifetime) alimony is eliminated, leaving bridge-the-gap, rehabilitative, and durational forms of alimony.
• Rehabilitative alimony is limited to 5 years.
• Durational alimony may not be awarded for a marriage of less than 3 years. The term of an award is limited based on the duration of the marriage, with certain exceptions, and may not exceed the lesser of the obligee’s reasonable need or 35 percent of the difference between the parties’ net incomes.
• A court must make specific written findings if it requires an obligor to purchase life insurance to secure the award of alimony.
• A court must reduce or terminate an award of alimony if it makes specific written findings that a supportive relationship exists. The bill places the burden on the obligor to prove by a preponderance of the evidence that such a relationship exists. Once proven, the burden shifts to the obligee to prove by a preponderance of the evidence the court should not reduce or terminate alimony.

See Senate Bill 1416, for further amendments.

Starting July 1, renters may get the option to pay a monthly fee instead of a security deposit. However, fee money cannot be used to cover any damage costs.

Governor Ron DeSantis signed a heavily debated bill that can enable landlords to charge renters monthly fees instead of security deposits. Under the bill, landlords would be able to offer monthly fees to tenants instead of security deposits, though landlords are not required to do so. Renters would decide whether to pay the fees or a deposit.

In the face of Florida’s rising rental costs, the bill’s supporters say it provides an option to help renters get into apartments without having to come up with potentially thousands of dollars in upfront money.

In turn, opponents say the fees would not be capped, and that renters can’t eventually recoup the money, like they might with security deposits. The monthly fee also isn’t insurance, and also note that renters can still be forced to pay for damages after they move out.

The new law goes into effect on July 1, 2023. See House Bill 1417 for further amendments to the law.

Bill CS/HB 1275 also known as “Protect Our Loved Ones Act” was approved by the Governor and will become effective January 1, 2024. The act gives local law enforcement agencies authority to develop and maintain a database to be known as “Persons with Disabilities Registry”. This registry would list persons who have developmental, psychological, or other disabilities or conditions that may be relevant to their interactions with law enforcement.

Some behaviors associated with certain developmental, neurological, or psychological impairments can increase a person's chances of negative interactions with law enforcement. These include the ability to follow instructions, acting out, inappropriate verbal statements, or other actions that may be mistakenly perceived as an indication of hostility, criminal intent, or alcohol or drug intoxication.

Persons with any type of confirmed developmental, psychological, or other disability or condition, including, but not limited to, autism spectrum disorder, Alzheimer’s disease or a dementia related disorder, or Down Syndrome, may be enrolled in the registry. The act specifies enrollment and dis-enrollment processes for adults, minors and adults declared incapacitated. It also requires specified professionals to diagnose and certify a person’s condition prior to eligibility for enrollment in the registry.

The local law enforcement agency can provide access to a registry, and relevant information from the registry to law enforcement officers engaged in official duties. 

The act is linked to Bill CS/HB 1277, which creates a public records exemption for all records and personal identifying information relating to the enrollment of individuals in the persons with disabilities registry held by local law enforcement agencies.

See CS/HB 1277 and CS/HB 1275 for more information.

Raoh Connell, a Crooms Academy student, has joined our office as a summer volunteer earning hours for Bright Futures. He is assisting us with our annual silent auction. Thanks to all his hard work, we have been able to secure many amazing donations for our end of the year fundraiser. We are so grateful to Raoh for his dedication to our office.

The Emergency Home Energy Assistance for the Elderly Program is now offering up to $5,000 per household to qualifying seniors to help with the increasing A/C costs. The funds can be applied to paying higher energy bills, A/C repairs, utility service, etc.

To see if you qualify, please reach out to the organizations listed below.

Orange and Osceola County Residents: Osceola Council on Aging at (407) 846-8532

Seminole County Residents: Meals on Wheels, Etc. at (407) 333-8877

Brevard County Residents: Brevard Alzheimer’s Foundation at (321) 253-4430

As a college student, there are already so many important things pressing on your mind like exam due dates, homework assignments, and juggling your personal responsibilities, the last thing you should have to worry about is an eviction or time-sharing issues. Our staff attorneys will be on campus every second and fourth Thursday of the month from 11:00am-3:00pm in order to help students address any legal concerns they have that may be affecting their ability to focus on graduation.

Location: 100 Weldon Blvd., Sanford, FL 32771, Student Center Building, Room: SC260

Upcoming Dates:

August 24th

September 14th

September 28th

October 12th

October 26th

November 9th

For more information email Camryn Williams at camrynw@scbalas.com

Don't let that arrest on your record prevent you from getting the job of your dreams. In partnership with Goodwill Industries, our office holds a workshop to learn from our experienced volunteer attorneys how to seal or expunge your record. This workshop takes place every first Wednesday of the month in-person at the Sanford Library and virtually every third Wednesday of the month via Zoom.

You may qualify if you had:

• Adjudication withheld or charges dropped
• AND never previously sealed or expunged your record

To check the list of disqualifying crimes, click here.

ADMINISTRATIVE ORDER NO.: 23-01 AMENDED SUPERSEDES 23-01

IN RE: JUDGES - APPOINTMENT OF CIRCUIT JUDGES TO HANDLE COUNTY COURT CASES IN CERTAIN SITUATIONS

ADMINISTRATIVE ORDER NO.: 23-02 AMENDED SUPERSEDES 23-02

IN RE: JUDGES - APPOINTMENT OF COUNTY COURT JUDGES TO HANDLE CIRCUIT CASES IN CERTAIN SITUATIONS

ADMINISTRATIVE ORDER NO.: 23-06 2ND AMENDED SUPERSEDES 23-06 AMENDED

IN RE: JUDGES - ADMINISTRATIVE JUDGES

ADMINISTRATIVE ORDER NO.: 23-06 3RD AMENDED SUPERSEDES 23-06 2ND AMENDED

IN RE: JUDGES - ADMINISTRATIVE JUDGES

ADMINISTRATIVE ORDER NO: 23-15-S 2ND AMENDED SUPERSEDES 23-15-S AMENDED

IN RE: JUDGES - DIVISION AND CASE ASSIGNMENTS

ADMINISTRATIVE ORDER NO.: 23-24-S

IN RE: JUDGES - Caseload Assignment - Reassignment of Cases Assigned to Judge Jessica Recksiedler

ADMINISTRATIVE ORDER NO.: 23-25-S

IN RE: JUDGES - Caseload Assignment - Reassignment of Cases Assigned to Judge William S. Orth

ADMINISTRATIVE ORDER NO.: 23-29 SUPERSEDES NUMEROUS A.O.’S

IN RE: ADMINISTRATIVE ORDERS - RESCINDS ADMINISTRATIVE ORDERS

The Bureau of Victim Compensation's brochure provides useful information for those within our communities that have fallen victim to such crimes. The resources provided are:

1. Toll-Free Victim Services Information and Referral Line 1-800-226-6667
2. Benefits Available
3. How to Apply
4. Qualification Guidelines for Applying
5. Information Need to Apply
6. Next Steps after a Claim is Submitted

To view the full brochure and get complete information please click here.

Also, to view a list of other resources available to victims of crime please click here.

Upcoming Events

August 2, 2023 - In-Person Sealing and Expungement Workshop

August 16, 2023 - Virtual Sealing and Expungement

August 17, 2023 - Veterans Free Legal Advice Clinic

August 24, 2023 - Seminole State College Legal Advice Clinic

August 24, 2023 - Sanford Police Preventing Fraud Event

September 9, 2023 - Sanford Police Hispanic Outreach Festival