Florida Senate - 2024                                     SB 580
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-00480-24                                             2024580__
    1                        A bill to be entitled                      
    2         An act relating to the safe exchange of minor
    3         children; providing a short title; amending s. 61.13,
    4         F.S.; providing requirements for a parenting plan
    5         relating to the exchange of a child; creating s.
    6         61.455, F.S.; requiring the court to order the parties
    7         in a parenting plan to exchange their child at a
    8         neutral safe exchange location or at a location
    9         authorized by a supervised visitation program under
   10         certain circumstances; defining the term “competent
   11         substantial evidence”; amending s. 125.01, F.S.;
   12         requiring sheriffs to designate certain areas as
   13         neutral safe exchange locations; providing
   14         requirements for such areas; amending s. 741.30, F.S.;
   15         revising the form for an injunction for protection
   16         against domestic violence; requiring court-ordered
   17         injunctions for protection against domestic violence
   18         to designate certain locations for the exchange of a
   19         child of the parties under certain circumstances;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. This act may be cited as the “Cassie Carli Law.”
   25         Section 2. Paragraph (b) of subsection (2) of section
   26  61.13, Florida Statutes, is amended to read:
   27         61.13 Support of children; parenting and time-sharing;
   28  powers of court.—
   29         (2)
   30         (b) A parenting plan approved by the court must, at a
   31  minimum, do all of the following:
   32         1. Describe in adequate detail how the parents will share
   33  and be responsible for the daily tasks associated with the
   34  upbringing of the child.;
   35         2. Include the time-sharing schedule arrangements that
   36  specify the time that the minor child will spend with each
   37  parent.;
   38         3. Designate who will be responsible for:
   39         a. Any and all forms of health care. If the court orders
   40  shared parental responsibility over health care decisions,
   41  either parent may consent to mental health treatment for the
   42  child unless stated otherwise in the parenting plan.
   43         b. School-related matters, including the address to be used
   44  for school-boundary determination and registration.
   45         c. Other activities.; and
   46         4. Describe in adequate detail the methods and technologies
   47  that the parents will use to communicate with the child.
   48         5.Unless otherwise agreed to by both parents in writing,
   49  designate authorized locations for the exchange of the child.
   50  The court may require the parents to exchange the child at a
   51  neutral safe exchange location as provided in s. 125.01(8) or at
   52  a location authorized by a supervised visitation program as
   53  defined in s. 753.01 if, upon the presentation of competent
   54  substantial evidence that there is a risk or an imminent threat
   55  of harm to one party or the child during the exchange of the
   56  child, the court finds that such requirement is necessary to
   57  ensure the safety of a parent or the child and that it is in the
   58  best interests of the child after consideration of all of the
   59  factors listed in subsection (3).
   60         Section 3. Section 61.455, Florida Statutes, is created to
   61  read:
   62         61.455Court-ordered parenting plan; neutral safe exchange
   63  location or a location authorized by a supervised visitation
   64  program.—In any proceeding in which the court enters a parenting
   65  plan and time-sharing schedule, including in a modification
   66  proceeding, upon the presentation of competent substantial
   67  evidence that there is a risk or an imminent threat of harm to
   68  one party or a child during the exchange of the child and that
   69  it is in the best interests of the child after consideration of
   70  all of the factors specified in s. 61.13(3), the court may
   71  require the parties to exchange custody of the child at a
   72  neutral safe exchange location as provided in s. 125.01(8) or at
   73  a location authorized by a supervised visitation program as
   74  defined in s. 753.01. For the purposes of this section, the term
   75  “competent substantial evidence” includes, but is not limited
   76  to, a court-ordered injunction for protection under s. 741.30,
   77  s. 784.046, or s. 784.0485.
   78         Section 4. Subsection (8) is added to section 125.01,
   79  Florida Statutes, to read:
   80         125.01 Powers and duties.—
   81         (8)(a)Each sheriff shall designate at least one parking
   82  lot at the sheriff’s office, or a substation thereof, as a
   83  neutral safe exchange location at which parents who exercise
   84  time-sharing pursuant to a parenting plan or time-sharing
   85  schedule may meet to exchange the minor child.
   86         (b)Each parking lot designated as a neutral safe exchange
   87  location must have a purple light or a sign on the parking lot
   88  premises to clearly identify the designated area as a neutral
   89  safe exchange location. The neutral safe exchange location must:
   90         1.Be accessible 24 hours a day, 7 days a week;
   91         2.Provide adequate lighting and an external video
   92  surveillance system that records continuously, 24 hours a day, 7
   93  days a week; and
   94         3.Provide at least one camera that is fixed on the parking
   95  lot, is able to record the area in the vicinity of the purple
   96  light or sign during both day and night, records images that
   97  clearly and accurately display the time and date, and retains
   98  video surveillance recordings or images for at least 45 days.
   99         Section 5. Paragraph (b) of subsection (3), paragraph (a)
  100  of subsection (5), and paragraphs (a) and (c) of subsection (6)
  101  of section 741.30, Florida Statutes, are amended to read:
  102         741.30 Domestic violence; injunction; powers and duties of
  103  court and clerk; petition; notice and hearing; temporary
  104  injunction; issuance of injunction; statewide verification
  105  system; enforcement; public records exemption.—
  106         (3)
  107         (b) The sworn petition shall be in substantially the
  108  following form:
  109  
  110                            PETITION FOR                           
  111                      INJUNCTION FOR PROTECTION                    
  112                      AGAINST DOMESTIC VIOLENCE                    
  113  
  114  Before me, the undersigned authority, personally appeared
  115  Petitioner ...(Name)..., who has been sworn and says that the
  116  following statements are true:
  117         (a) Petitioner resides at: ...(address)...
  118         (Petitioner may furnish address to the court in a separate
  119  confidential filing if, for safety reasons, the petitioner
  120  requires the location of the current residence to be
  121  confidential.)
  122         (b) Respondent resides at: ...(last known address)...
  123         (c) Respondent’s last known place of employment: ...(name
  124  of business and address)...
  125         (d) Physical description of respondent:..................
  126         Race........
  127         Sex........
  128         Date of birth........
  129         Height........
  130         Weight........
  131         Eye color........
  132         Hair color........
  133         Distinguishing marks or scars........
  134         (e) Aliases of respondent:...............................
  135         (f) Respondent is the spouse or former spouse of the
  136  petitioner or is any other person related by blood or marriage
  137  to the petitioner or is any other person who is or was residing
  138  within a single dwelling unit with the petitioner, as if a
  139  family, or is a person with whom the petitioner has a child in
  140  common, regardless of whether the petitioner and respondent are
  141  or were married or residing together, as if a family.
  142         (g) The following describes any other cause of action
  143  currently pending between the petitioner and respondent:........
  144  ................................................................
  145         The petitioner should also describe any previous or pending
  146  attempts by the petitioner to obtain an injunction for
  147  protection against domestic violence in this or any other
  148  circuit, and the results of that attempt:.......................
  149  ................................................................
  150  Case numbers should be included if available.
  151         (h) Petitioner is either a victim of domestic violence or
  152  has reasonable cause to believe he or she is in imminent danger
  153  of becoming a victim of domestic violence because respondent
  154  has: ...(mark all sections that apply and describe in the spaces
  155  below the incidents of violence or threats of violence,
  156  specifying when and where they occurred, including, but not
  157  limited to, locations such as a home, school, place of
  158  employment, or visitation exchange)...
  159         .........................................................
  160         .........................................................
  161         ....committed or threatened to commit domestic violence
  162  defined in s. 741.28, Florida Statutes, as any assault,
  163  aggravated assault, battery, aggravated battery, sexual assault,
  164  sexual battery, stalking, aggravated stalking, kidnapping, false
  165  imprisonment, or any criminal offense resulting in physical
  166  injury or death of one family or household member by another.
  167  With the exception of persons who are parents of a child in
  168  common, the family or household members must be currently
  169  residing or have in the past resided together in the same single
  170  dwelling unit.
  171         ....previously threatened, harassed, stalked, or physically
  172  abused the petitioner.
  173         ....attempted to harm the petitioner or family members or
  174  individuals closely associated with the petitioner.
  175         ....threatened to conceal, kidnap, or harm the petitioner’s
  176  child or children.
  177         ....intentionally injured or killed a family pet.
  178         ....used, or has threatened to use, against the petitioner
  179  any weapons such as guns or knives.
  180         ....physically restrained the petitioner from leaving the
  181  home or calling law enforcement.
  182         ....a criminal history involving violence or the threat of
  183  violence (if known).
  184         ....another order of protection issued against him or her
  185  previously or from another jurisdiction (if known).
  186         ....destroyed personal property, including, but not limited
  187  to, telephones or other communication equipment, clothing, or
  188  other items belonging to the petitioner.
  189         ....engaged in a pattern of abusive, threatening,
  190  intimidating, or controlling behavior composed of a series of
  191  acts over a period of time, however short.
  192         ....engaged in any other behavior or conduct that leads the
  193  petitioner to have reasonable cause to believe he or she is in
  194  imminent danger of becoming a victim of domestic violence.
  195         (i) Petitioner alleges the following additional specific
  196  facts: ...(mark appropriate sections)...
  197         ....A minor child or minor children reside with the
  198  petitioner whose names and ages are as follows:	
  199  	
  200         ....Petitioner needs the exclusive use and possession of
  201  the dwelling that the parties share.
  202         ....Petitioner is unable to obtain safe alternative housing
  203  because:	
  204  	
  205         ....Petitioner genuinely fears that respondent imminently
  206  will abuse, remove, or hide the minor child or children from
  207  petitioner because:	
  208  	
  209         (j) Petitioner genuinely fears imminent domestic violence
  210  by respondent.
  211         (k) Petitioner seeks an injunction: ...(mark appropriate
  212  section or sections)...
  213         ....Immediately restraining the respondent from committing
  214  any acts of domestic violence.
  215         ....Restraining the respondent from committing any acts of
  216  domestic violence.
  217         ....Awarding to the petitioner the temporary exclusive use
  218  and possession of the dwelling that the parties share or
  219  excluding the respondent from the residence of the petitioner.
  220         ....Providing a temporary parenting plan, including a
  221  temporary time-sharing schedule, with regard to the minor child
  222  or children of the parties which might involve prohibiting or
  223  limiting time-sharing or requiring that it be supervised by a
  224  third party.
  225         ....Designating that the exchange of the minor child or
  226  children of the parties must occur at a neutral safe exchange
  227  location as provided in s. 125.01(8) or at a location authorized
  228  by a supervised visitation program as defined in s. 753.01 if
  229  temporary time-sharing of the child is awarded to the
  230  respondent.
  231         ....Establishing temporary support for the minor child or
  232  children or the petitioner.
  233         ....Directing the respondent to participate in a batterers’
  234  intervention program.
  235         ....Providing any terms the court deems necessary for the
  236  protection of a victim of domestic violence, or any minor
  237  children of the victim, including any injunctions or directives
  238  to law enforcement agencies.
  239         (5)(a) If it appears to the court that an immediate and
  240  present danger of domestic violence exists, the court may grant
  241  a temporary injunction ex parte, pending a full hearing, and may
  242  grant such relief as the court deems proper, including an
  243  injunction:
  244         1. Restraining the respondent from committing any acts of
  245  domestic violence.
  246         2. Awarding to the petitioner the temporary exclusive use
  247  and possession of the dwelling that the parties share or
  248  excluding the respondent from the residence of the petitioner.
  249         3. On the same basis as provided in s. 61.13, providing the
  250  petitioner a temporary parenting plan, including a time-sharing
  251  schedule, which may award the petitioner up to 100 percent of
  252  the time-sharing. If temporary time-sharing is awarded to the
  253  respondent, the exchange of the child must occur at a neutral
  254  safe exchange location as provided in s. 125.01(8) or at a
  255  location authorized by a supervised visitation program as
  256  defined in s. 753.01 if the court determines it is in the best
  257  interests of the child after consideration of all of the factors
  258  specified in s. 61.13(3). The temporary parenting plan remains
  259  in effect until the order expires or an order is entered by a
  260  court of competent jurisdiction in a pending or subsequent civil
  261  action or proceeding affecting the placement of, access to,
  262  parental time with, adoption of, or parental rights and
  263  responsibilities for the minor child.
  264         4. If the petitioner and respondent have an existing
  265  parenting plan or time-sharing schedule under another court
  266  order, designating that the exchange of the minor child or
  267  children of the parties must occur at a neutral safe exchange
  268  location as provided in s. 125.01(8) or at a location authorized
  269  by a supervised visitation program as defined in s. 753.01 if
  270  the court determines it is in the best interests of the child
  271  after consideration of all of the factors specified in s.
  272  61.13(3).
  273         5. Awarding to the petitioner the temporary exclusive care,
  274  possession, or control of an animal that is owned, possessed,
  275  harbored, kept, or held by the petitioner, the respondent, or a
  276  minor child residing in the residence or household of the
  277  petitioner or respondent. The court may order the respondent to
  278  temporarily have no contact with the animal and prohibit the
  279  respondent from taking, transferring, encumbering, concealing,
  280  harming, or otherwise disposing of the animal. This subparagraph
  281  does not apply to an animal owned primarily for a bona fide
  282  agricultural purpose, as defined under s. 193.461, or to a
  283  service animal, as defined under s. 413.08, if the respondent is
  284  the service animal’s handler.
  285         (6)(a) Upon notice and hearing, when it appears to the
  286  court that the petitioner is either the victim of domestic
  287  violence as defined by s. 741.28 or has reasonable cause to
  288  believe he or she is in imminent danger of becoming a victim of
  289  domestic violence, the court may grant such relief as the court
  290  deems proper, including an injunction:
  291         1. Restraining the respondent from committing any acts of
  292  domestic violence.
  293         2. Awarding to the petitioner the exclusive use and
  294  possession of the dwelling that the parties share or excluding
  295  the respondent from the residence of the petitioner.
  296         3. On the same basis as provided in chapter 61, providing
  297  the petitioner with 100 percent of the time-sharing in a
  298  temporary parenting plan that remains in effect until the order
  299  expires or an order is entered by a court of competent
  300  jurisdiction in a pending or subsequent civil action or
  301  proceeding affecting the placement of, access to, parental time
  302  with, adoption of, or parental rights and responsibilities for
  303  the minor child.
  304         4. If the petitioner and respondent have an existing
  305  parenting plan or time-sharing schedule under another court
  306  order, designating that the exchange of the minor child or
  307  children of the parties must occur at a neutral safe exchange
  308  location as provided in s. 125.01(8) or at a location authorized
  309  by a supervised visitation program as defined in s. 753.01 if
  310  the court determines it is in the best interests of the child
  311  after consideration of all of the factors specified in s.
  312  61.13(3).
  313         5. On the same basis as provided in chapter 61,
  314  establishing temporary support for a minor child or children or
  315  the petitioner. An order of temporary support remains in effect
  316  until the order expires or an order is entered by a court of
  317  competent jurisdiction in a pending or subsequent civil action
  318  or proceeding affecting child support.
  319         6.5. Ordering the respondent to participate in treatment,
  320  intervention, or counseling services to be paid for by the
  321  respondent. When the court orders the respondent to participate
  322  in a batterers’ intervention program, the court, or any entity
  323  designated by the court, must provide the respondent with a list
  324  of batterers’ intervention programs from which the respondent
  325  must choose a program in which to participate.
  326         7.6. Referring a petitioner to a certified domestic
  327  violence center. The court must provide the petitioner with a
  328  list of certified domestic violence centers in the circuit which
  329  the petitioner may contact.
  330         8.7. Awarding to the petitioner the exclusive care,
  331  possession, or control of an animal that is owned, possessed,
  332  harbored, kept, or held by the petitioner, the respondent, or a
  333  minor child residing in the residence or household of the
  334  petitioner or respondent. The court may order the respondent to
  335  have no contact with the animal and prohibit the respondent from
  336  taking, transferring, encumbering, concealing, harming, or
  337  otherwise disposing of the animal. This subparagraph does not
  338  apply to an animal owned primarily for a bona fide agricultural
  339  purpose, as defined under s. 193.461, or to a service animal, as
  340  defined under s. 413.08, if the respondent is the service
  341  animal’s handler.
  342         9.8. Ordering such other relief as the court deems
  343  necessary for the protection of a victim of domestic violence,
  344  including injunctions or directives to law enforcement agencies,
  345  as provided in this section.
  346         (c) The terms of an injunction restraining the respondent
  347  under subparagraph (a)1. or ordering other relief for the
  348  protection of the victim under subparagraph (a)9. (a)8. shall
  349  remain in effect until modified or dissolved. Either party may
  350  move at any time to modify or dissolve the injunction. No
  351  specific allegations are required. Such relief may be granted in
  352  addition to other civil or criminal remedies.
  353         Section 6. This act shall take effect July 1, 2024.