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