On June 21, 2024, in United States v. Rahimi, 602 U.S. ___ (2024), the United States Supreme Court held that despite the Second Amendment, those with active domestic violence injunctions are to be “temporarily” deprived of their right to bear arms, and in doing so, it remains to be a criminal violation of Federal Law.

This latest ruling would apply to all forms of injunctions available under Florida Law.

It is also a criminal violation of Florida Law to possess a firearm when one is subject to any form of an injunction under Florida Law or similar injunction from another jurisdiction.

On June 30, 2023, Governor DeSantis signed CS/SB 1416 into law. This new legislation, amongst other changes, abolishes permanent alimony in the State of Florida. It also codifies a right to retire for those who are currently paying alimony.

Further, individuals married for less than three (3) years will not be eligible to receive durational alimony payments, and those who have been married for twenty (20) years or longer will be eligible to receive payments for up to 75 percent of the term of the marriage. Also, durational alimony payments will now be determined to be the obligee’s reasonable need, or an amount not to exceed thirty-five (35) percent of the difference between the parties’ net incomes, whichever amount is less.

This legislation takes effect on July 1, 2023.

On June 27, 2023, Governor DeSantis signed CS/HB 1301 into law. This new legislation creates a rebuttable presumption that equal time-sharing is in the best interest of a child. This is a major victory for many fathers throughout the state who currently have divorce and paternity matters pending.

Specifically, § 61.13(2)(c)(1), Fla. Stat., is amended, in part, as follows:

“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. Unless otherwise provided in this section or agreed to by the parties there is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal time-sharing is not in the best interest of the child”

Also, pursuant to § 61.13(2)(c)(3), Fla. Stat., parents who have a time-sharing arrangement while living more than fifty (50) miles a part from one another, and if one of the parents now moves to within fifty (50) miles of the other parent, will be able to petition the court to modify the time-sharing arrangement where it will automatically be deemed a substantial change in circumstances as a matter of law.

Prior to the enactment of this legislation, there has always been a presumption of shared parental responsibility but not equal time-sharing between parents. Now, both parents enter court on equal footing and are entitled to equal time sharing with their child(ren) in addition to the presumption of shared responsibility

This legislation takes effect on July 1, 2023.

A bill that would have brought sweeping changes to Alimony, Child Time Sharing and Marital Waste has been vetoed by Governor Ron DeSantis. As reasoning for his veto, he stated that, “If (SB 1796) were to become law and be given retroactive effect as the Legislature intends, it would unconstitutionally impair vested rights under certain preexisting marital settlement agreements.”

This is the third proposal vetoed by a republican governor in the last decade despite being passed by an overwhelming majority of republicans in both the House and Senate.

We look forward to the next legislative session to see if this bill will be passed again by the legislature.