Florida Senate - 2023                                    SB 1286
       
       
        
       By Senator Book
       
       
       
       
       
       35-01309A-23                                          20231286__
    1                        A bill to be entitled                      
    2         An act relating to designated public safe exchange
    3         locations; amending s. 61.13, F.S.; requiring that
    4         certain information be included in a parenting plan;
    5         specifying that a parent may not be found in violation
    6         of a parenting plan, time-sharing schedule, or child
    7         exchange order, or charged with a certain offense,
    8         under certain circumstances; amending s. 125.01, F.S.;
    9         requiring boards of county commissioners to designate
   10         certain areas as public safe exchange locations for a
   11         specified purpose; providing requirements for such
   12         areas; providing immunity; amending s. 787.03, F.S.;
   13         providing that a parent of a child or the parent’s
   14         designee may not be charged with the offense of
   15         interference with custody under certain circumstances;
   16         providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (b) of subsection (2) of section
   21  61.13, Florida Statutes, is amended, and subsection (10) is
   22  added to that section, to read:
   23         61.13 Support of children; parenting and time-sharing;
   24  powers of court.—
   25         (2)
   26         (b) A parenting plan approved by the court must, at a
   27  minimum, include all of the following information:
   28         1. A detailed description of Describe in adequate detail
   29  how the parents will share and be responsible for the daily
   30  tasks associated with the upbringing of the child.;
   31         2. Include The time-sharing schedule arrangements that
   32  specify the time that the minor child will spend with each
   33  parent. The parenting plan must state that at any time,
   34  notwithstanding any provision in the agreed-upon parenting plan
   35  or time-sharing schedule or order relating to the exchange of
   36  the child, a parent or a parent’s designee may choose to
   37  exchange the child with the other parent or the other parent’s
   38  designee at a designated public safe exchange location as
   39  provided in s. 125.01(8).;
   40         3. A designation of Designate who will be responsible for
   41  all of the following:
   42         a. Any and all forms of health care. If the court orders
   43  shared parental responsibility over health care decisions, the
   44  parenting plan must provide that either parent may consent to
   45  mental health treatment for the child.
   46         b. School-related matters, including the address to be used
   47  for school-boundary determination and registration.
   48         c. Other activities.; and
   49         4. A detailed description of Describe in adequate detail
   50  the methods and technologies that the parents will use to
   51  communicate with the child.
   52         (10)A parent may not be found in violation of his or her
   53  parenting plan, time-sharing schedule, or child exchange order,
   54  or charged with the offense of interference with the parenting
   55  plan, time-sharing schedule, or child exchange order under s.
   56  787.03, if the parent or the parent’s designee chooses to use a
   57  designated public safe exchange location to exchange custody of
   58  his or her child instead of a location that was previously
   59  agreed to by both parents or stated in the parenting plan, time
   60  sharing schedule, or child exchange order.
   61         Section 2. Subsection (8) is added to section 125.01,
   62  Florida Statutes, to read:
   63         125.01 Powers and duties.—
   64         (8)(a)Each board of county commissioners shall designate
   65  one or more sheriff’s office or police department locations that
   66  have staff on site 24-hours a day as a public safe exchange
   67  location at which parents or parents designees may meet to
   68  exchange custody of a child. The designation must be based on
   69  the population of the county, as follows: a minimum of one
   70  location for a population of less than 50,000; a minimum of two
   71  locations for a population of less than 75,000; and a minimum of
   72  three locations for a population of more than 75,000.
   73         (b)Each sheriff’s office or police department designated
   74  as a public safe exchange location shall install a purple light
   75  on the outside of the building so the building is identifiable
   76  as a designated public safe exchange location. The parking lot
   77  of each public safe exchange location must be accessible 24
   78  hours a day, 7 days a week, and each public safe exchange
   79  location shall provide adequate lighting and an external video
   80  surveillance system that records continuously, 24 hours a day, 7
   81  days a week, and that meets all of the following criteria:
   82         1.At least one camera is fixed on the entrance to the
   83  premises and is able to record the area in the vicinity of the
   84  purple light.
   85         2.Records images clearly and such images accurately
   86  display the time and date.
   87         3.Retains video surveillance recordings or images for at
   88  least 6 months.
   89         (c)A cause of action may not be brought against the
   90  county, the sheriff, a county commissioner, or a law enforcement
   91  officer or an employee of the designated public safe exchange
   92  location based on an incident that occurs when a parent or
   93  parent’s designee meets at a public safe exchange location to
   94  exchange custody of his or her child.
   95         Section 3. Subsection (7) is added to section 787.03,
   96  Florida Statutes, to read:
   97         787.03 Interference with custody.—
   98         (7)A parent of a child or the parent’s designee may not be
   99  charged with an offense under this section solely for using or
  100  attempting to use a designated public safe exchange location as
  101  provided in s. 125.01(8) to exchange custody of his or her child
  102  instead of a location that was previously agreed to by both
  103  parents or specified in a parenting plan, time-sharing schedule,
  104  or child exchange order.
  105         Section 4. This act shall take effect July 1, 2023.