CS/CS/HB 1385 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1385-02-c2
Page 1 of 3
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 civil remedy for parental 2
abduction; creating s. 772.111, F.S.; providing a 3
short title; providing definitions; providing a civil 4
cause of action if a child is unlawfully abducted from 5
a parent for a specified amount of time; providing a 6
standard of proof and specified damages; authorizing 7
reasonable attorney fees and costs for either party 8
under certain circumstances; providing when a 9
specified timeframe begins; providing affirmative 10
defenses; requiring a specified court division to 11
preside over such cause of action; providing a statute 12
of limitations; tolling such statute of limitations 13
under certain circumstances; providing an effective 14
date. 15
16
Be It Enacted by the Legislature of the State of Florida: 17
18
Section 1. Section 772.111, Florida Statutes, is created 19
to read: 20
772.111 Civil remedy for parental abduction. — 21
(1) This act may be cited as the "Parental Abduction Act." 22
(2) As used in this section, the term: 23
(a) "Child" means a minor child who is the subject of an 24
order granting a parent of the child a right to time -sharing or 25
CS/CS/HB 1385 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1385-02-c2
Page 2 of 3
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
custody as provided under state law. 26
(b) "Parent" means a person who is entitled by court order 27
to time-sharing with his or her child. 28
(c) "Unlawful abduction" means a parent taking, detaining, 29
concealing, or imprisoning his or her child without lawful 30
authority or consent of the other parent to deprive the other 31
parent of time-sharing with the child. 32
(3) A parent who proves by a preponderance of the evidence 33
that there has been an unlawful abduction of his or her child by 34
the other parent for more than 30 consecutive days after the 35
last day of lawful time -sharing has a civil cause of action for 36
treble the amount of actual damages sustained and, in any such 37
action, is entitled to minimum damages in the amount of $1,000 38
and reasonable attorney fees and costs in the trial and 39
appellate courts. 40
(4) For purposes of subsection (3), the 30 -day consecutive 41
timeframe begins running at the time of the unlawful abduction 42
and continues until the child is returned to the other parent, 43
regardless of any subsequent lawfully scheduled time -sharing by 44
the parent responsible for the unlawful abduction. 45
(5) It is an affirmative defense to an action brought 46
under this section if the defendant proves by a preponderance of 47
the evidence that he or she has or has had reasonable cause to 48
believe that his or her child is or has been in imminent danger 49
of becoming a victim o f an act of domestic violence as defined 50
CS/CS/HB 1385 2025
CODING: Words stricken are deletions; words underlined are additions.
hb1385-02-c2
Page 3 of 3
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
in s. 741.28; an act of sexual violence as defined in s. 51
784.046(1)(c); or an act of abuse, abandonment, or neglect as 52
those terms are defined in s. 39.01, by the other parent. 53
(6) The defendant is entitled to rea sonable attorney fees 54
and costs if the court finds that the plaintiff or plaintiff's 55
attorney knew or should have known that a claim when initially 56
presented to the court or at any time before trial: 57
(a) Was not supported by the material facts necessary to 58
establish the claim; or 59
(b) Would not be supported by the application of then -60
existing law to those material facts. 61
(7) A civil action filed under this section must be 62
assigned to the family law division previously, or 63
simultaneously, exercising jurisdiction over the underlying 64
family law case. 65
(8) Notwithstanding s. 772.17, an action arising under 66
this section may be commenced at any time within 2 years after 67
the cause of action accrues. However, the 2 -year period of 68
limitation is tolled during any time in which the child is 69
unlawfully abducted. 70
Section 2. This act shall take effect July 1, 2025. 71