Florida 2023 2023 Regular Session

Florida House Bill H1031 Introduced / Bill

Filed 02/22/2023

                       
 
HB 1031  	2023 
 
 
 
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A bill to be entitled 1 
An act relating to designated safe exchange locations; 2 
providing a short title; amending s. 61.13, F.S.; 3 
requiring certain information be included in a 4 
parenting plan; specifying that a parent may not be 5 
found in violation of a parenting plan or time -sharing 6 
schedule, or charged with a certain offense, under 7 
certain circumstances; amending s. 125.01, F.S.; 8 
requiring boards of county commissioners to designate 9 
certain areas as safe exchange locations; providing 10 
requirements for such areas; providing immunity; 11 
amending s. 787.03, F.S.; prohibiting a parent of a 12 
minor from being charged with the offense of 13 
interference with custody under certain circumstances; 14 
providing an effective date. 15 
 16 
Be It Enacted by the Legislature of the State of Florida: 17 
 18 
 Section 1.  This act may be cited as the "Cassie Carli 19 
Law." 20 
 Section 2.  Paragraph (b) of subsection (2) of section 21 
61.13, Florida Statutes, is amended, and subsect ion (10) is 22 
added to that section, to read: 23 
 61.13  Support of children; parenting and time -sharing; 24 
powers of court.— 25     
 
HB 1031  	2023 
 
 
 
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 (2) 26 
 (b)  A parenting plan approved by the court must, at a 27 
minimum, include all of the following information : 28 
 1.  Describe in adequate detail how the parents will share 29 
and be responsible for the daily tasks associated with the 30 
upbringing of the child .; 31 
 2.  Include The time-sharing schedule arrangements that 32 
specify the time that the minor child will spend with each 33 
parent. The parenting plan must state that at any time, 34 
notwithstanding any provision in the agreed -upon parenting plan 35 
or time-sharing schedule relating to the exchange of the child, 36 
a parent may choose to exchange the child with the other parent 37 
at a designated safe exchang e location as provided in s. 38 
125.01(8) which is located in the same county as the originally 39 
agreed-upon location or at a safe exchange location that is 40 
located in an adjacent county, but only if such location is as 41 
close or closer to the originally agreed -upon location.; 42 
 3.  Designate who will be responsible for: 43 
 a.  Any and all forms of health care. If the court orders 44 
shared parental responsibility over health care decisions, the 45 
parenting plan must provide that either parent may consent to 46 
mental health treatment for the child. 47 
 b.  School-related matters, including the address to be 48 
used for school-boundary determination and registration. 49 
 c.  Other activities .; and 50     
 
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 4.  Describe in adequate detail the methods and 51 
technologies that the parents will us e to communicate with the 52 
child. 53 
 (10)  A parent may not be found in violation of his or her 54 
parenting plan or time -sharing schedule, or charged with the 55 
offense of interference with the parenting plan or time -sharing 56 
schedule under s. 787.03, if the paren t chooses to use a 57 
designated safe exchange location in the same county as the 58 
originally agreed-upon location or at a safe exchange location 59 
that is located in an adjacent county, but only if such location 60 
is as close or closer to the originally agreed -upon location, to 61 
exchange custody of his or her child instead of a location that 62 
was previously agreed to by both parents. 63 
 Section 3.  Subsection (8) is added to section 125.01, 64 
Florida Statutes, to read: 65 
 125.01  Powers and duties. — 66 
 (8)(a)  A board of county commissioners shall designate at 67 
least one sheriff's office, or substation thereof, as a safe 68 
exchange location at which parents who have shared parental 69 
responsibility of a child may meet in the parking lot to 70 
exchange custody of such child. 71 
 (b)  Each sheriff's office or substation designated as a 72 
safe exchange location must install a purple light on the 73 
parking lot premises so the area is identifiable as a designated 74 
safe exchange location. The parking lot of each safe exchange 75     
 
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location must be accessible 24 hours a day, 7 days a week and 76 
provide adequate lighting and an external video surveillance 77 
system that records continuously, 24 hours a day, 7 days a week 78 
and meets the following criteria: 79 
 1.  At least one camera is fixed on the parking lot a nd is 80 
able to record the area in the vicinity of the purple light. 81 
 2.  Recorded images must clearly and accurately display the 82 
time and date. 83 
 3.  Retains video surveillance recordings or images for at 84 
least 45 days. 85 
 (c)  A cause of action may not be bro ught against the 86 
county, the sheriff, a county commissioner, or a law enforcement 87 
officer or an employee of the designated safe exchange location 88 
based on an incident that occurs when a parent meets in the 89 
parking lot of a safe exchange location to exchang e custody of 90 
his or her child. 91 
 Section 4.  Subsection (7) is added to section 787.03, 92 
Florida Statutes, to read: 93 
 787.03  Interference with custody. — 94 
 (7)  A parent of a minor may not be charged with an offense 95 
under this section solely for using or att empting to use a 96 
designated safe exchange location, as provided in s. 125.01(8), 97 
which is located in the same county as the originally agreed -98 
upon location or at a safe exchange location that is located in 99 
an adjacent county, but only if such location is a s close or 100     
 
HB 1031  	2023 
 
 
 
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closer to the originally agreed -upon location, to exchange 101 
custody of his or her child instead of a location that was 102 
previously agreed to by both parents or specified in a parenting 103 
plan or time-sharing schedule. 104 
 Section 5.  This act shall t ake effect July 1, 2023. 105