Bill Text: FL S0580 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Safe Exchange of Minor Children
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-02-21 - Laid on Table, refer to CS/CS/HB 385 [S0580 Detail]
Download: Florida-2024-S0580-Introduced.html
Bill Title: Safe Exchange of Minor Children
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-02-21 - Laid on Table, refer to CS/CS/HB 385 [S0580 Detail]
Download: Florida-2024-S0580-Introduced.html
Florida Senate - 2024 SB 580 By Senator Yarborough 4-00480-24 2024580__ 1 A bill to be entitled 2 An act relating to the safe exchange of minor 3 children; providing a short title; amending s. 61.13, 4 F.S.; providing requirements for a parenting plan 5 relating to the exchange of a child; creating s. 6 61.455, F.S.; requiring the court to order the parties 7 in a parenting plan to exchange their child at a 8 neutral safe exchange location or at a location 9 authorized by a supervised visitation program under 10 certain circumstances; defining the term “competent 11 substantial evidence”; amending s. 125.01, F.S.; 12 requiring sheriffs to designate certain areas as 13 neutral safe exchange locations; providing 14 requirements for such areas; amending s. 741.30, F.S.; 15 revising the form for an injunction for protection 16 against domestic violence; requiring court-ordered 17 injunctions for protection against domestic violence 18 to designate certain locations for the exchange of a 19 child of the parties under certain circumstances; 20 providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. This act may be cited as the “Cassie Carli Law.” 25 Section 2. Paragraph (b) of subsection (2) of section 26 61.13, Florida Statutes, is amended to read: 27 61.13 Support of children; parenting and time-sharing; 28 powers of court.— 29 (2) 30 (b) A parenting plan approved by the court must, at a 31 minimum, do all of the following: 32 1. Describe in adequate detail how the parents will share 33 and be responsible for the daily tasks associated with the 34 upbringing of the child.;35 2. Include the time-sharing schedule arrangements that 36 specify the time that the minor child will spend with each 37 parent.;38 3. Designate who will be responsible for: 39 a. Any and all forms of health care. If the court orders 40 shared parental responsibility over health care decisions, 41 either parent may consent to mental health treatment for the 42 child unless stated otherwise in the parenting plan. 43 b. School-related matters, including the address to be used 44 for school-boundary determination and registration. 45 c. Other activities.; and46 4. Describe in adequate detail the methods and technologies 47 that the parents will use to communicate with the child. 48 5. Unless otherwise agreed to by both parents in writing, 49 designate authorized locations for the exchange of the child. 50 The court may require the parents to exchange the child at a 51 neutral safe exchange location as provided in s. 125.01(8) or at 52 a location authorized by a supervised visitation program as 53 defined in s. 753.01 if, upon the presentation of competent 54 substantial evidence that there is a risk or an imminent threat 55 of harm to one party or the child during the exchange of the 56 child, the court finds that such requirement is necessary to 57 ensure the safety of a parent or the child and that it is in the 58 best interests of the child after consideration of all of the 59 factors listed in subsection (3). 60 Section 3. Section 61.455, Florida Statutes, is created to 61 read: 62 61.455 Court-ordered parenting plan; neutral safe exchange 63 location or a location authorized by a supervised visitation 64 program.—In any proceeding in which the court enters a parenting 65 plan and time-sharing schedule, including in a modification 66 proceeding, upon the presentation of competent substantial 67 evidence that there is a risk or an imminent threat of harm to 68 one party or a child during the exchange of the child and that 69 it is in the best interests of the child after consideration of 70 all of the factors specified in s. 61.13(3), the court may 71 require the parties to exchange custody of the child at a 72 neutral safe exchange location as provided in s. 125.01(8) or at 73 a location authorized by a supervised visitation program as 74 defined in s. 753.01. For the purposes of this section, the term 75 “competent substantial evidence” includes, but is not limited 76 to, a court-ordered injunction for protection under s. 741.30, 77 s. 784.046, or s. 784.0485. 78 Section 4. Subsection (8) is added to section 125.01, 79 Florida Statutes, to read: 80 125.01 Powers and duties.— 81 (8)(a) Each sheriff shall designate at least one parking 82 lot at the sheriff’s office, or a substation thereof, as a 83 neutral safe exchange location at which parents who exercise 84 time-sharing pursuant to a parenting plan or time-sharing 85 schedule may meet to exchange the minor child. 86 (b) Each parking lot designated as a neutral safe exchange 87 location must have a purple light or a sign on the parking lot 88 premises to clearly identify the designated area as a neutral 89 safe exchange location. The neutral safe exchange location must: 90 1. Be accessible 24 hours a day, 7 days a week; 91 2. Provide adequate lighting and an external video 92 surveillance system that records continuously, 24 hours a day, 7 93 days a week; and 94 3. Provide at least one camera that is fixed on the parking 95 lot, is able to record the area in the vicinity of the purple 96 light or sign during both day and night, records images that 97 clearly and accurately display the time and date, and retains 98 video surveillance recordings or images for at least 45 days. 99 Section 5. Paragraph (b) of subsection (3), paragraph (a) 100 of subsection (5), and paragraphs (a) and (c) of subsection (6) 101 of section 741.30, Florida Statutes, are amended to read: 102 741.30 Domestic violence; injunction; powers and duties of 103 court and clerk; petition; notice and hearing; temporary 104 injunction; issuance of injunction; statewide verification 105 system; enforcement; public records exemption.— 106 (3) 107 (b) The sworn petition shall be in substantially the 108 following form: 109 110 PETITION FOR 111 INJUNCTION FOR PROTECTION 112 AGAINST DOMESTIC VIOLENCE 113 114 Before me, the undersigned authority, personally appeared 115 Petitioner ...(Name)..., who has been sworn and says that the 116 following statements are true: 117 (a) Petitioner resides at: ...(address)... 118 (Petitioner may furnish address to the court in a separate 119 confidential filing if, for safety reasons, the petitioner 120 requires the location of the current residence to be 121 confidential.) 122 (b) Respondent resides at: ...(last known address)... 123 (c) Respondent’s last known place of employment: ...(name 124 of business and address)... 125 (d) Physical description of respondent:.................. 126 Race........ 127 Sex........ 128 Date of birth........ 129 Height........ 130 Weight........ 131 Eye color........ 132 Hair color........ 133 Distinguishing marks or scars........ 134 (e) Aliases of respondent:............................... 135 (f) Respondent is the spouse or former spouse of the 136 petitioner or is any other person related by blood or marriage 137 to the petitioner or is any other person who is or was residing 138 within a single dwelling unit with the petitioner, as if a 139 family, or is a person with whom the petitioner has a child in 140 common, regardless of whether the petitioner and respondent are 141 or were married or residing together, as if a family. 142 (g) The following describes any other cause of action 143 currently pending between the petitioner and respondent:........ 144 ................................................................ 145 The petitioner should also describe any previous or pending 146 attempts by the petitioner to obtain an injunction for 147 protection against domestic violence in this or any other 148 circuit, and the results of that attempt:....................... 149 ................................................................ 150 Case numbers should be included if available. 151 (h) Petitioner is either a victim of domestic violence or 152 has reasonable cause to believe he or she is in imminent danger 153 of becoming a victim of domestic violence because respondent 154 has: ...(mark all sections that apply and describe in the spaces 155 below the incidents of violence or threats of violence, 156 specifying when and where they occurred, including, but not 157 limited to, locations such as a home, school, place of 158 employment, or visitation exchange)... 159 ......................................................... 160 ......................................................... 161 ....committed or threatened to commit domestic violence 162 defined in s. 741.28, Florida Statutes, as any assault, 163 aggravated assault, battery, aggravated battery, sexual assault, 164 sexual battery, stalking, aggravated stalking, kidnapping, false 165 imprisonment, or any criminal offense resulting in physical 166 injury or death of one family or household member by another. 167 With the exception of persons who are parents of a child in 168 common, the family or household members must be currently 169 residing or have in the past resided together in the same single 170 dwelling unit. 171 ....previously threatened, harassed, stalked, or physically 172 abused the petitioner. 173 ....attempted to harm the petitioner or family members or 174 individuals closely associated with the petitioner. 175 ....threatened to conceal, kidnap, or harm the petitioner’s 176 child or children. 177 ....intentionally injured or killed a family pet. 178 ....used, or has threatened to use, against the petitioner 179 any weapons such as guns or knives. 180 ....physically restrained the petitioner from leaving the 181 home or calling law enforcement. 182 ....a criminal history involving violence or the threat of 183 violence (if known). 184 ....another order of protection issued against him or her 185 previously or from another jurisdiction (if known). 186 ....destroyed personal property, including, but not limited 187 to, telephones or other communication equipment, clothing, or 188 other items belonging to the petitioner. 189 ....engaged in a pattern of abusive, threatening, 190 intimidating, or controlling behavior composed of a series of 191 acts over a period of time, however short. 192 ....engaged in any other behavior or conduct that leads the 193 petitioner to have reasonable cause to believe he or she is in 194 imminent danger of becoming a victim of domestic violence. 195 (i) Petitioner alleges the following additional specific 196 facts: ...(mark appropriate sections)... 197 ....A minor child or minor children reside with the 198 petitioner whose names and ages are as follows: 199 200 ....Petitioner needs the exclusive use and possession of 201 the dwelling that the parties share. 202 ....Petitioner is unable to obtain safe alternative housing 203 because: 204 205 ....Petitioner genuinely fears that respondent imminently 206 will abuse, remove, or hide the minor child or children from 207 petitioner because: 208 209 (j) Petitioner genuinely fears imminent domestic violence 210 by respondent. 211 (k) Petitioner seeks an injunction: ...(mark appropriate 212 section or sections)... 213 ....Immediately restraining the respondent from committing 214 any acts of domestic violence. 215 ....Restraining the respondent from committing any acts of 216 domestic violence. 217 ....Awarding to the petitioner the temporary exclusive use 218 and possession of the dwelling that the parties share or 219 excluding the respondent from the residence of the petitioner. 220 ....Providing a temporary parenting plan, including a 221 temporary time-sharing schedule, with regard to the minor child 222 or children of the parties which might involve prohibiting or 223 limiting time-sharing or requiring that it be supervised by a 224 third party. 225 ....Designating that the exchange of the minor child or 226 children of the parties must occur at a neutral safe exchange 227 location as provided in s. 125.01(8) or at a location authorized 228 by a supervised visitation program as defined in s. 753.01 if 229 temporary time-sharing of the child is awarded to the 230 respondent. 231 ....Establishing temporary support for the minor child or 232 children or the petitioner. 233 ....Directing the respondent to participate in a batterers’ 234 intervention program. 235 ....Providing any terms the court deems necessary for the 236 protection of a victim of domestic violence, or any minor 237 children of the victim, including any injunctions or directives 238 to law enforcement agencies. 239 (5)(a) If it appears to the court that an immediate and 240 present danger of domestic violence exists, the court may grant 241 a temporary injunction ex parte, pending a full hearing, and may 242 grant such relief as the court deems proper, including an 243 injunction: 244 1. Restraining the respondent from committing any acts of 245 domestic violence. 246 2. Awarding to the petitioner the temporary exclusive use 247 and possession of the dwelling that the parties share or 248 excluding the respondent from the residence of the petitioner. 249 3. On the same basis as provided in s. 61.13, providing the 250 petitioner a temporary parenting plan, including a time-sharing 251 schedule, which may award the petitioner up to 100 percent of 252 the time-sharing. If temporary time-sharing is awarded to the 253 respondent, the exchange of the child must occur at a neutral 254 safe exchange location as provided in s. 125.01(8) or at a 255 location authorized by a supervised visitation program as 256 defined in s. 753.01 if the court determines it is in the best 257 interests of the child after consideration of all of the factors 258 specified in s. 61.13(3). The temporary parenting plan remains 259 in effect until the order expires or an order is entered by a 260 court of competent jurisdiction in a pending or subsequent civil 261 action or proceeding affecting the placement of, access to, 262 parental time with, adoption of, or parental rights and 263 responsibilities for the minor child. 264 4. If the petitioner and respondent have an existing 265 parenting plan or time-sharing schedule under another court 266 order, designating that the exchange of the minor child or 267 children of the parties must occur at a neutral safe exchange 268 location as provided in s. 125.01(8) or at a location authorized 269 by a supervised visitation program as defined in s. 753.01 if 270 the court determines it is in the best interests of the child 271 after consideration of all of the factors specified in s. 272 61.13(3). 273 5. Awarding to the petitioner the temporary exclusive care, 274 possession, or control of an animal that is owned, possessed, 275 harbored, kept, or held by the petitioner, the respondent, or a 276 minor child residing in the residence or household of the 277 petitioner or respondent. The court may order the respondent to 278 temporarily have no contact with the animal and prohibit the 279 respondent from taking, transferring, encumbering, concealing, 280 harming, or otherwise disposing of the animal. This subparagraph 281 does not apply to an animal owned primarily for a bona fide 282 agricultural purpose, as defined under s. 193.461, or to a 283 service animal, as defined under s. 413.08, if the respondent is 284 the service animal’s handler. 285 (6)(a) Upon notice and hearing, when it appears to the 286 court that the petitioner is either the victim of domestic 287 violence as defined by s. 741.28 or has reasonable cause to 288 believe he or she is in imminent danger of becoming a victim of 289 domestic violence, the court may grant such relief as the court 290 deems proper, including an injunction: 291 1. Restraining the respondent from committing any acts of 292 domestic violence. 293 2. Awarding to the petitioner the exclusive use and 294 possession of the dwelling that the parties share or excluding 295 the respondent from the residence of the petitioner. 296 3. On the same basis as provided in chapter 61, providing 297 the petitioner with 100 percent of the time-sharing in a 298 temporary parenting plan that remains in effect until the order 299 expires or an order is entered by a court of competent 300 jurisdiction in a pending or subsequent civil action or 301 proceeding affecting the placement of, access to, parental time 302 with, adoption of, or parental rights and responsibilities for 303 the minor child. 304 4. If the petitioner and respondent have an existing 305 parenting plan or time-sharing schedule under another court 306 order, designating that the exchange of the minor child or 307 children of the parties must occur at a neutral safe exchange 308 location as provided in s. 125.01(8) or at a location authorized 309 by a supervised visitation program as defined in s. 753.01 if 310 the court determines it is in the best interests of the child 311 after consideration of all of the factors specified in s. 312 61.13(3). 313 5. On the same basis as provided in chapter 61, 314 establishing temporary support for a minor child or children or 315 the petitioner. An order of temporary support remains in effect 316 until the order expires or an order is entered by a court of 317 competent jurisdiction in a pending or subsequent civil action 318 or proceeding affecting child support. 319 6.5.Ordering the respondent to participate in treatment, 320 intervention, or counseling services to be paid for by the 321 respondent. When the court orders the respondent to participate 322 in a batterers’ intervention program, the court, or any entity 323 designated by the court, must provide the respondent with a list 324 of batterers’ intervention programs from which the respondent 325 must choose a program in which to participate. 326 7.6.Referring a petitioner to a certified domestic 327 violence center. The court must provide the petitioner with a 328 list of certified domestic violence centers in the circuit which 329 the petitioner may contact. 330 8.7.Awarding to the petitioner the exclusive care, 331 possession, or control of an animal that is owned, possessed, 332 harbored, kept, or held by the petitioner, the respondent, or a 333 minor child residing in the residence or household of the 334 petitioner or respondent. The court may order the respondent to 335 have no contact with the animal and prohibit the respondent from 336 taking, transferring, encumbering, concealing, harming, or 337 otherwise disposing of the animal. This subparagraph does not 338 apply to an animal owned primarily for a bona fide agricultural 339 purpose, as defined under s. 193.461, or to a service animal, as 340 defined under s. 413.08, if the respondent is the service 341 animal’s handler. 342 9.8.Ordering such other relief as the court deems 343 necessary for the protection of a victim of domestic violence, 344 including injunctions or directives to law enforcement agencies, 345 as provided in this section. 346 (c) The terms of an injunction restraining the respondent 347 under subparagraph (a)1. or ordering other relief for the 348 protection of the victim under subparagraph (a)9.(a)8.shall 349 remain in effect until modified or dissolved. Either party may 350 move at any time to modify or dissolve the injunction. No 351 specific allegations are required. Such relief may be granted in 352 addition to other civil or criminal remedies. 353 Section 6. This act shall take effect July 1, 2024.