The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs
BILL: SB 1286
INTRODUCER: Senator Book
SUBJECT: Designated Public Safe Exchange Locations
DATE: March 11, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Tuszynski Cox CF Pre-meeting
2. JU
3. RC
I. Summary:
SB 1286 amends s. 125.01, F.S., expanding the duties of county legislative and governing bodies
by requiring each board of county commissioners to designate one or more sheriff’s office or
police department locations as public safe exchange locations for parents to exchange custody of
a child. The safe exchange location must:
Have staff on site 24-hours a day.
Install a purple light on the outside of the building to identify it as a designated public
exchange location.
Be accessible 24 hours a day, 7 days a week.
Provide adequate lighting.
Provide external video surveillance that records continuously, 24 hours a day, 7 days a week,
that meets all of the following criteria:
o At least one camera fixed on the entrance to the premises and able to record the areas
near the external purple light.
o Records images clearly and displays accurate date and time.
o Retains video recordings or images for at least 6 months.
The bill requires a designation of a minimum of one safe exchange location in counties with a
population of less than 50,000, a minimum of two locations for a population of less than 75,000,
and a minimum of three locations for a population of more than 75,000.
The bill amends s. 61.13, F.S., requiring any parenting plan approved by a court to allow a parent
or parent’s designee to exchange a child with the other parent or parent’s designee at a
designated public safe exchange location. The bill details that a parent may not be found in
violation of a parenting plan, time-sharing schedule, or child exchange order or be charged with
interference with the same under s. 787.03, F.S. if the parent or designee chooses to use a public
safe exchange location previously agreed to by both parents in a parenting plan, sharing
schedule, or child exchange order.
REVISED: BILL: SB 1286 Page 2
The bill also amends s. 787.03, F.S., of the Florida Criminal Code to make conforming changes
to the crime of “interference with custody” to state that a parent or designee may not be charged
with that crime solely for using or attempting to use a public safe exchange location previously
agreed to by both parents or specified in a parenting plan, time-sharing schedule, or child
exchange order.
The county and municipality mandate provisions of Article VII, section 18 of the Florida
Constitution may apply. See Section IV. Constitutional Issues.
The bill will have an indeterminate negative fiscal impact on the government sector. See Section
V. Fiscal Impact Statement.
The bill takes effect July 1, 2023
II. Present Situation:
Rights and Responsibilities of a Parent
In a dissolution of marriage with children or in a paternity case, issues of parenting must be
worked out between the parties. The United States Supreme Court and Florida courts have
consistently ruled that a parent’s desire and right to the companionship, care, custody, and
management of his or her children is an important interest that warrants deference and, absent a
powerful countervailing interest, protection.
1
Further, a parent has general responsibilities owed
to his or her children, including supervision, health and safety, education, care, and protection. In
Florida, parenting is broken down into two distinct components, including parental responsibility
(decision-making) and timesharing (physical visitation with the child based on a parenting plan).
Timesharing and Parental Responsibility
Section 61.13, F.S., provides guidelines to assist courts in determining matters related to
parenting
2
and time-sharing
3
of minor children in actions under ch. 61, F.S., in accordance with
the best interests of the child while balancing the rights of parents. As a threshold consideration,
the Legislature has declared that:
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. There is no
1
See Lassiter v. Dep't of Soc. Services of Durham Cnty., N. C., 452 U.S. 18 (1981) (calling the right “plain beyond the need
for multiple citation” and quoting Stanley v. Illinois, 405 U.S. 645 (1972)); I.T. v. Dep't of Children & Families, 338 So. 3d 6
(Fla. 3d DCA 2022); D.M.T. v. T.M.H., 129 So. 3d 320 (Fla. 2013); F.R. v. Adoption of Baby Boy Born November 2, 2010,
135 So. 3d 301 (Fla. 1st DCA 2012); In Interest of J.D., 510 So. 2d 623 (Fla. 1st DCA 1987).
2
Parenting or parental responsibility refers to the responsibility and right to make important decisions about the child’s
welfare, such as education and medical care after the parents separate. See CustodyXChange, Parental Rights and Parental
Responsibilities: Know Yours, available at https://www.custodyxchange.com/topics/custody/legal-concepts/parental-rights-
responsibility.php (last visited March 15, 2023)
3
Time-sharing refers to the time, including overnights and holidays, which the child spends with each parent. Section
61.046(23), F.S. BILL: SB 1286 Page 3
presumption for or against the father or mother of the child or for or
against any specific time-sharing schedule when creating or modifying the
parenting plan of the child.
4
In establishing time-sharing, the court must consider the best interests of the child
5
as the
primary consideration and evaluate all factors affecting the welfare and interests of the child and
the circumstances of the family.
6
A court may prescribe a “parenting plan”
7
by which the parents are ordered to share decision-
making and physical custody of the minor child. The parenting plan may order parents to
exercise shared parental responsibility, it may delegate decision-making authority over specific
matters to one parent, or it may grant a parent sole parental responsibility over the minor child.
Common issues concerning a minor child may include education, healthcare, and social or
emotional wellbeing. Further, once a court has established parental responsibility, a parenting
plan or time-sharing plan
8
may be ordered, and such plan may not be modified without a
showing of a substantial, material, and unanticipated change in circumstances and a
determination that the modification is in the best interests of the child.
9
Cassie Carli and Safe Exchange of Custody
In late March of 2022, Cassie Carli of Navarre, Florida went missing after meeting with her 4-
year-old daughter’s father, her ex-boyfriend, to exchange custody of the child.
10
Ms. Carli’s body
was found a week later in Alabama and her ex-boyfriend was arrested in Tennessee on charges
of tampering with evidence, giving false information concerning a missing persons investigation,
and destruction of evidence.
11
County Government and Powers
Florida has two distinct County types:
Charter Counties – these counties operate under a county charter and have all powers of
self-government not inconsistent with general law or special law approved by the vote of the
electors.
12
Non-charter Counties – these counties operate under powers of self-government that are
provided by general or special law.
13
4
Section 61.13(2)(c)1., F.S.
5
Section 61.13(2)(c), F.S.
6
Section 61.13(3), F.S.
7
A “parenting plan” is a document created to govern the relationship between the parents relating to decisions which must be
made regarding the child and must contain a timesharing schedule for the parents and child. Section 61.046(14), F.S. If a
parenting plan is agreed to by the parties, it must be approved by the court.
8
Section 61.13(2)(b), F.S.
9
Section 61.13.(3), F.S.
10
WEAR News 3, TIMELINE: Disappearance, body discovery of Navarre mother Cassie Carli, available at
https://weartv.com/news/local/timeline-disappearance-of-missing-navarre-mother-cassie-carli (last visited March 14, 2023).
11
Id.
12
FLA. CONST. art. VIII, s. 1(g).
13
FLA. CONST. art. VIII, s. 1(f). BILL: SB 1286 Page 4
Section 125.01, F.S., specifies powers of self-government for non-charter counties, unless such
powers are preempted by general or special law.
14
Such powers include, but are not limited to,
the authority to:
Employ personnel;
15
Perform any act not specifically enumerated that is not inconsistent with law and is in the
common interest of the people of the county;
16
Adopt ordinances and prescribe fines;
17
and
Provide hospitals, ambulance service, and health and welfare programs.
18
Article VII, section 18 (a) of the Florida Constitution provides in part that a county or
municipality may not be bound by a general law requiring a county or municipality to spend
funds or take an action that requires the expenditure of funds unless certain specified exemptions
or exceptions are met.
Interference with Custody
In 1974, the Legislature created the offense of interference with custody.
19
It is a third degree
felony
20
for a person:
Without legal authority, to knowingly or recklessly take a child 17 years of age or under or
any incompetent person from the custody of his or her parent, guardian, a public agency in
charge of the child or incompetent person, or any other lawful custodian.
21
In the absence of a court order determining custody or visitation rights, who is a parent,
stepparent, guardian, or relative who has custody of a child or incompetent person, to take or
conceal the child or incompetent person with a malicious intent to deprive another person of
his or her right to custody.
22
Defenses to a charge of interference with custody are:
The defendant had reasonable cause to believe the action was necessary to preserve the child
from danger;
The defendant was the victim of an act of domestic violence or had reasonable cause to
believe he or she was about to become the victim of an act of domestic violence and the
defendant had reasonable cause to believe the action was necessary to escape or protect
himself or herself from the domestic violence or preserve the child from exposure; or
The child was taken away at his or her own instigation without enticement and without
purpose to commit a criminal offense against the child, and the defendant establishes that it
was reasonable to rely on the instigating acts of the child.
23
14
See Section 125.01, F.S.
15
Section 125.01(3)(a), F.S.
16
Section 125.01(1)(w), F.S.
17
Section 125.01(1)(t), F.S.
18
Section 125.01(1)(e), F.S.
19
Chapter 74-383, s. 24, L.O.F., codified as s. 787.03, F.S.
20
A third degree felony is generally punishable by not more than five years in state prison and a fine not exceeding $5,000.
Sections 775.082 and 775.083, F.S.
21
Section 787.03(1), F.S.
22
Section 787.03(2), F.S.
23
Section 787.03(4), F.S. BILL: SB 1286 Page 5
The statute does not apply if a spouse flees with a child because he or she:
Is the victim of domestic violence or reasonably believes that he or she is about to become a
victim of such violence; or
Believes the welfare of the child is in danger.
24
In order to avail himself or herself of the exception for spouses, a person who takes a child must
file a report, within 10 days after taking the child, with the sheriff’s office or the state attorney’s
office of the county where the child resided at the time he or she was taken.
25
The report must
contain the name of the person taking the child, the current address and telephone number of the
person and child, and the reasons the child was taken.
26
Within a reasonable time, the person also
must commence a custody proceeding consistent with the federal Parental Kidnapping
Prevention Act or the Uniform Child Custody Jurisdiction and Enforcement Act.
27, 28
III. Effect of Proposed Changes:
The bill amends s. 125.01, F.S., to expand the duties of a county legislative and governing body
to require each board of county commissioners to designate one or more sheriff’s office or police
department locations as public safe exchange locations for parents to exchange custody of a
child. The safe exchange location must:
Have staff on site 24-hours a day.
Install a purple light on the outside of the building to identify it as a designated public
exchange location.
Be accessible 24 hours a day, 7 days a week.
Provide adequate lighting.
Provide external video surveillance that records continuously, 24 hours a day, 7 days a week,
that meets all of the following criteria:
o At least one camera fixed on the entrance to the premises and able to record the areas
near the external purple light.
o Records images clearly and displays accurate date and time.
o Retains video recordings or images for at least 6 months.
The bill requires a designation of a minimum of one safe exchange location in counties with a
population of less than 50,000, a minimum of two locations for a population of less than 75,000,
and a minimum of three locations for a population of more than 75,000.
The bill amends s. 61.13, F.S., requiring any parenting plan approved by a court to allow a parent
or parent’s designee to exchange a child with the other parent or parent’s designee at a
designated public safe exchange location. The bill details that a parent may not be found in
violation of a parenting plan, time-sharing schedule, or child exchange order, or be charged with
a violation of interference with the same under s. 787.03, F.S., if the parent or designee chooses
24
Section 787.03(6)(a), F.S.
25
Section 787.03(6)(b), F.S.
26
Id.
27
Id.
28
Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A; Uniform Child Custody Jurisdiction and Enforcement Act, ss.
61.501 through 61.542, F.S. BILL: SB 1286 Page 6
to use a public safe exchange location previously agreed to by both parents in a parenting plan,
time-sharing schedule, or child exchange order.
The bill also amends s. 787.03, F.S., conforming changes to the crime of “interference with
custody” to state that a parent or designee may not be charged with that crime solely for using or
attempting to use a public safe exchange location previously agreed to by both parents or
specified in a parenting plan, time-sharing schedule, or child exchange order.
The bill takes effect July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The county and municipality mandate provisions of Article VII, section 18 of the Florida
Constitution may apply because the bill requires local governments to expend funds on
sheriff offices or police department buildings designated as public safe exchange
locations to:
Install certain lighting and video surveillance equipment.
Retain/store video or images for at least 6 months.
Article VII, section 18 (a) of the Florida Constitution provides in part that a county or
municipality may not be bound by a general law requiring a county or municipality to
spend funds or take an action that requires the expenditure of funds unless certain
specified exemptions or exceptions are met. None of the constitutional exceptions appear
to apply.
Article VII, section 18 (d) provides eight exemptions, which, if any single one is met,
exempts the law from the limitations on mandates. Laws having an “insignificant fiscal
impact” are exempt from the mandate requirements, which for Fiscal Year 2022-2023 is
forecast at approximately $2.3 million. However, any local government costs associated
with the bill are speculative and not readily estimable for purposes of determining
whether the exemption for bills having an insignificant fiscal impact applies.
If the bill does qualify as a mandate, in order to be binding upon cities and counties the
bill must contain a finding of important state interest and be approved by a two-thirds
vote of the membership of each house.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: SB 1286 Page 7
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill may have an indeterminate negative fiscal impact on those sheriff’s offices and
police departments designated as safe exchange locations as they will be required to incur
a cost to install certain lighting and video surveillance to comply with the bill’s language.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 61.13, 125.01, and 787.03 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.