| 17 | | - | providing that a parent's use of a designated safe 4 |
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| 18 | | - | exchange location is proper cause to refuse to honor a 5 |
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| 19 | | - | time-sharing schedule under certain circumstances; 6 |
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| 20 | | - | requiring a court to consider the use of a safe 7 |
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| 21 | | - | exchange location when approving, granting, or 8 |
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| 22 | | - | modifying a parenting plan; amending s. 125.01, F.S.; 9 |
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| 23 | | - | requiring boards of county commissioners to designate 10 |
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| 24 | | - | certain areas as safe exchange locations; providing 11 |
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| 25 | | - | requirements for such areas; providing for immunity 12 |
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| 26 | | - | from liability; providing an effective date. 13 |
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| 27 | | - | 14 |
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| 28 | | - | Be It Enacted by the Legislature of the State of Florida: 15 |
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| 29 | | - | 16 |
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| 30 | | - | Section 1. This act may be cited as the "Cassie Carli 17 |
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| 31 | | - | Law." 18 |
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| 32 | | - | Section 2. Paragraph (c) of subsection (4) of section 19 |
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| 33 | | - | 61.13, Florida Statutes, is amended, and subsection (10) is 20 |
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| 34 | | - | added to that section, to read: 21 |
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| 35 | | - | 61.13 Support of children; par enting and time-sharing; 22 |
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| 36 | | - | powers of court.— 23 |
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| 37 | | - | (4) 24 |
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| 38 | | - | (c)1. When a parent refuses to honor the time -sharing 25 |
|---|
| 17 | + | requiring a court to consider the use of a safe 4 |
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| 18 | + | exchange location when approving, granting, or 5 |
|---|
| 19 | + | modifying a parenting plan; amending s. 125.01, F.S.; 6 |
|---|
| 20 | + | requiring boards of county commissioners to designate 7 |
|---|
| 21 | + | certain areas as safe exchange locations; providing 8 |
|---|
| 22 | + | requirements for such areas; providing for immunity 9 |
|---|
| 23 | + | from liability; providing an effective date. 10 |
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| 24 | + | 11 |
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| 25 | + | Be It Enacted by the Legislature of the State of Florida: 12 |
|---|
| 26 | + | 13 |
|---|
| 27 | + | Section 1. This act may be cited as the "Cassie Carli 14 |
|---|
| 28 | + | Law." 15 |
|---|
| 29 | + | Section 2. Subsection (10) is added to section 61.13, 16 |
|---|
| 30 | + | Florida Statutes, to read: 17 |
|---|
| 31 | + | 61.13 Support of children; parenting and time -sharing; 18 |
|---|
| 32 | + | powers of court.— 19 |
|---|
| 33 | + | (10) In a proceeding under this chapter where a court 20 |
|---|
| 34 | + | approves, grants, or modifies a parenting plan, the court must 21 |
|---|
| 35 | + | consider whether it is in the best interests of the minor child 22 |
|---|
| 36 | + | and the parties to require the parties to use a safe exchange 23 |
|---|
| 37 | + | location as provided in s. 125.01(8) for the periodic exchange 24 |
|---|
| 38 | + | of the minor child. 25 |
|---|
| 51 | | - | schedule in the parenting plan without proper cause, the court: 26 |
|---|
| 52 | | - | a.1. Shall, after calculating the amount of time -sharing 27 |
|---|
| 53 | | - | improperly denied, award the parent denied time a sufficient 28 |
|---|
| 54 | | - | amount of extra time -sharing to compensate for the time -sharing 29 |
|---|
| 55 | | - | missed, and such time -sharing shall be ordered as expeditiously 30 |
|---|
| 56 | | - | as possible in a manner consistent with the best interests of 31 |
|---|
| 57 | | - | the child and scheduled in a manne r that is convenient for the 32 |
|---|
| 58 | | - | parent deprived of time -sharing. In ordering any makeup time -33 |
|---|
| 59 | | - | sharing, the court shall schedule such time -sharing in a manner 34 |
|---|
| 60 | | - | that is consistent with the best interests of the child or 35 |
|---|
| 61 | | - | children and that is convenient for the non offending parent and 36 |
|---|
| 62 | | - | at the expense of the noncompliant parent. 37 |
|---|
| 63 | | - | b.2. May order the parent who did not provide time -sharing 38 |
|---|
| 64 | | - | or did not properly exercise time -sharing under the time -sharing 39 |
|---|
| 65 | | - | schedule to pay reasonable court costs and attorney's fees 40 |
|---|
| 66 | | - | incurred by the nonoffending parent to enforce the time -sharing 41 |
|---|
| 67 | | - | schedule. 42 |
|---|
| 68 | | - | c.3. May order the parent who did not provide time -sharing 43 |
|---|
| 69 | | - | or did not properly exercise time -sharing under the time -sharing 44 |
|---|
| 70 | | - | schedule to attend a parenting course approved by the judicial 45 |
|---|
| 71 | | - | circuit. 46 |
|---|
| 72 | | - | d.4. May order the parent who did not provide time -sharing 47 |
|---|
| 73 | | - | or did not properly exercise time -sharing under the time -sharing 48 |
|---|
| 74 | | - | schedule to do community service if the order will not interfere 49 |
|---|
| 75 | | - | with the welfare of the child. 50 |
|---|
| 51 | + | 26 |
|---|
| 52 | + | Section 3. Subsection (8) is added to section 125.01, 27 |
|---|
| 53 | + | Florida Statutes, to read: 28 |
|---|
| 54 | + | 125.01 Powers and duties .— 29 |
|---|
| 55 | + | (8)(a) The board of county commissioners in each county 30 |
|---|
| 56 | + | shall designate at least one parking lot at a sheriff's office, 31 |
|---|
| 57 | + | or substation thereof, as a safe exchange location at which 32 |
|---|
| 58 | + | parents who exercise time -sharing pursuant to a parenting plan 33 |
|---|
| 59 | + | or time-sharing schedule may meet to exchange custody of the 34 |
|---|
| 60 | + | minor child. 35 |
|---|
| 61 | + | (b) Each sheriff's office or substation parking lot 36 |
|---|
| 62 | + | designated as a safe exchange location must install a purple 37 |
|---|
| 63 | + | light on the parking lot premises to clearly identify the 38 |
|---|
| 64 | + | designated area as a safe exchange location. The safe exchange 39 |
|---|
| 65 | + | location must: 40 |
|---|
| 66 | + | 1. Be accessible 24 hours a day, 7 days a week. 41 |
|---|
| 67 | + | 2. Provide adequate lighting and an external video 42 |
|---|
| 68 | + | surveillance system that records continuously, 24 hours a day, 7 43 |
|---|
| 69 | + | days a week. 44 |
|---|
| 70 | + | 3. Provide at least one camera that is fixed on the 45 |
|---|
| 71 | + | parking lot; is able to record the area in the vicinity of the 46 |
|---|
| 72 | + | purple light during both day and night; records images that 47 |
|---|
| 73 | + | clearly and accurately display the time and date; and retains 48 |
|---|
| 74 | + | video surveillance recordings o r images for at least 45 days. 49 |
|---|
| 75 | + | (c) A cause of action shall not lie against the county, 50 |
|---|
| 88 | | - | e.5. May order the parent who did not provide time -sharing 51 |
|---|
| 89 | | - | or did not properly exercise time -sharing under the time -sharing 52 |
|---|
| 90 | | - | schedule to have the financial burden of promoting frequent and 53 |
|---|
| 91 | | - | continuing contact when that parent and child reside further 54 |
|---|
| 92 | | - | than 60 miles from the other p arent. 55 |
|---|
| 93 | | - | f.6. May, upon the request of the parent who did not 56 |
|---|
| 94 | | - | violate the time-sharing schedule, modify the parenting plan if 57 |
|---|
| 95 | | - | modification is in the best interests of the child. 58 |
|---|
| 96 | | - | g.7. May impose any other reasonable sanction as a result 59 |
|---|
| 97 | | - | of noncompliance. 60 |
|---|
| 98 | | - | 2. A parent's refusal to honor the time -sharing schedule 61 |
|---|
| 99 | | - | in a parenting plan is proper cause and is not subject to 62 |
|---|
| 100 | | - | subparagraph 1. or paragraph (d) if all of the following apply: 63 |
|---|
| 101 | | - | a. The parent has reasonable cause to believe that he or 64 |
|---|
| 102 | | - | she is in imminent danger of becoming a victim of domestic 65 |
|---|
| 103 | | - | violence by the other parent. 66 |
|---|
| 104 | | - | b. The parent uses a designated safe exchange location as 67 |
|---|
| 105 | | - | provided in s. 125.01(8) which is closest to the location in 68 |
|---|
| 106 | | - | which the exchange of custody of the child under the par enting 69 |
|---|
| 107 | | - | plan would otherwise take place. 70 |
|---|
| 108 | | - | c. The parent using the designated safe exchange location 71 |
|---|
| 109 | | - | provides notice to the other parent at least 3 hours before the 72 |
|---|
| 110 | | - | scheduled exchange of custody of his or her desire to use a 73 |
|---|
| 111 | | - | designated safe exchange locatio n. 74 |
|---|
| 112 | | - | (10) In a proceeding under this chapter where a court 75 |
|---|
| 113 | | - | |
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| 114 | | - | CS/HB 1031, Engrossed 1 2023 |
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| 115 | | - | |
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| 116 | | - | |
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| 117 | | - | |
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| 118 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 119 | | - | hb1031-02-e1 |
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| 120 | | - | Page 4 of 5 |
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| 121 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 122 | | - | |
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| 123 | | - | |
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| 124 | | - | |
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| 125 | | - | approves, grants, or modifies a parenting plan, the court must 76 |
|---|
| 126 | | - | consider whether it is in the best interests of the minor child 77 |
|---|
| 127 | | - | and the parties to require the parties to use a safe exchange 78 |
|---|
| 128 | | - | location as provided in s. 125.01(8) for the periodic exchange 79 |
|---|
| 129 | | - | of the minor child. 80 |
|---|
| 130 | | - | 81 |
|---|
| 131 | | - | Section 3. Subsection (8) is added to section 125.01, 82 |
|---|
| 132 | | - | Florida Statutes, to read: 83 |
|---|
| 133 | | - | 125.01 Powers and duties. — 84 |
|---|
| 134 | | - | (8)(a) The board of county commissioners in each county 85 |
|---|
| 135 | | - | shall designate at least one parking lot at a sheriff's office, 86 |
|---|
| 136 | | - | or substation thereof, as a safe exchange location at which 87 |
|---|
| 137 | | - | parents who exercise time -sharing pursuant to a parenting plan 88 |
|---|
| 138 | | - | or time-sharing schedule may meet to exchange custody of the 89 |
|---|
| 139 | | - | minor child. 90 |
|---|
| 140 | | - | (b) Each sheriff's office or substation parking lot 91 |
|---|
| 141 | | - | designated as a safe exchange location must install a purple 92 |
|---|
| 142 | | - | light on the parking lot premises to clearly identify the 93 |
|---|
| 143 | | - | designated area as a safe exchange location. The safe exchange 94 |
|---|
| 144 | | - | location must: 95 |
|---|
| 145 | | - | 1. Be accessible 24 hours a day, 7 days a week. 96 |
|---|
| 146 | | - | 2. Provide adequate lighting and an external video 97 |
|---|
| 147 | | - | surveillance system that records continuously, 24 hours a day, 7 98 |
|---|
| 148 | | - | days a week. 99 |
|---|
| 149 | | - | 3. Provide at least one camera that is fixed on the 100 |
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| 150 | | - | |
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| 151 | | - | CS/HB 1031, Engrossed 1 2023 |
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| 152 | | - | |
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| 153 | | - | |
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| 154 | | - | |
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| 155 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 156 | | - | hb1031-02-e1 |
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| 157 | | - | Page 5 of 5 |
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| 158 | | - | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 159 | | - | |
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| 160 | | - | |
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| 161 | | - | |
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| 162 | | - | parking lot; is able to recor d the area in the vicinity of the 101 |
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| 163 | | - | purple light during both day and night; records images that 102 |
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| 164 | | - | clearly and accurately display the time and date; and retains 103 |
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| 165 | | - | video surveillance recordings or images for at least 45 days. 104 |
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| 166 | | - | (c) A cause of action shall not lie against the county, 105 |
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| 167 | | - | the sheriff, a county commissioner, a law enforcement officer, 106 |
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| 168 | | - | or an employee of the designated safe exchange location based on 107 |
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| 169 | | - | any incident arising out of a meeting at a safe exchange 108 |
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| 170 | | - | location pursuant to this subsection. 109 |
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| 171 | | - | Section 4. This act shall take effect July 1, 2023. 110 |
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| 88 | + | the sheriff, a county commissioner, a law enforcement officer, 51 |
|---|
| 89 | + | or an employee of the designated safe exchange location based on 52 |
|---|
| 90 | + | any incident arising out of a meeting at a safe exchange 53 |
|---|
| 91 | + | location pursuant to this subsection. 54 |
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| 92 | + | Section 4. This act shall take effect July 1, 2023. 55 |
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