Senate Bill 1174

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1174

    By Senator Rossin





    35-644-99

  1                      A bill to be entitled

  2         An act relating to interference with custody;

  3         amending s. 787.03, F.S.; prescribing duties of

  4         persons who take minor children when fleeing

  5         from situations of actual or threatened

  6         domestic violence; providing penalties;

  7         providing an effective date.

  8

  9  Be It Enacted by the Legislature of the State of Florida:

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11         Section 1.  Section 787.03, Florida Statutes, is

12  amended to read:

13         787.03  Interference with custody.--

14         (1)  Whoever, without lawful authority, knowingly or

15  recklessly takes or entices, or aids, abets, hires, or

16  otherwise procures another to take or entice, any child 17

17  years of age or under or any incompetent person from the

18  custody of the child or incompetent person's parent, his or

19  her guardian, a public agency having the lawful charge of the

20  child or incompetent person, or any other lawful custodian

21  commits the offense of interference with custody and shall be

22  guilty of a felony of the third degree, punishable as provided

23  in s. 775.082, s. 775.083, or s. 775.084.

24         (2)  In the absence of a court order determining rights

25  to custody or visitation with any child 17 years of age or

26  under or with any incompetent person, any parent of the child

27  or incompetent person, whether natural or adoptive,

28  stepparent, legal guardian, or relative of such child or

29  incompetent person who has custody thereof and who takes,

30  detains, conceals, or entices away that child or incompetent

31  person within or without the state, with malicious intent to

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    Florida Senate - 1999                                  SB 1174
    35-644-99




  1  deprive another person of his or her right to custody of the

  2  child or incompetent person, shall be guilty of a felony of

  3  the third degree, punishable as provided in s. 775.082, s.

  4  775.083, or s. 775.084.

  5         (3)  A subsequently obtained court order for custody or

  6  visitation shall not affect application of this section.

  7         (4)  It is a defense that:

  8         (a)  The defendant reasonably believes that his or her

  9  action was necessary to preserve the child or the incompetent

10  person from danger to his or her welfare.

11         (b)  The child or incompetent person was taken away at

12  his or her own instigation without enticement and without

13  purpose to commit a criminal offense with or against the child

14  or incompetent person.

15         (5)  Proof that a child was 17 years of age or under

16  creates the presumption that the defendant knew the child's

17  age or acted in reckless disregard thereof.

18         (6)(a)  This section shall not apply in cases where a

19  spouse who is the victim of any act of domestic violence or

20  who has reasonable cause to believe he or she is about to

21  become the victim of any act of domestic violence, as defined

22  in s. 741.28, or believes that his or her action was necessary

23  to preserve the child or the incompetent person from danger to

24  his or her welfare seeks shelter from such acts or possible

25  acts and takes with him or her any child 17 years of age or

26  younger.

27         (b)  A person who takes a child pursuant to this

28  subsection must:

29         1.  Within a reasonable time after taking the child,

30  make a report to the sheriff's office or state attorney's

31  office for the county in which the child resided at the time

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    Florida Senate - 1999                                  SB 1174
    35-644-99




  1  he or she was taken, which report shall include the name of

  2  the person taking the child, the current address and telephone

  3  number of the person and child, and the reasons the child was

  4  taken.

  5         2.  Within a reasonable time after taking the child,

  6  commence a custody proceeding which is consistent with the

  7  federal Parental Kidnapping Prevention Act, 28 U.S.C. s.

  8  1738A, or the Uniform Child Custody Jurisdiction Act, ss.

  9  61.1302-61.1348.

10         3.  Inform the sheriff's office or state attorney's

11  office for the county in which the child resided at the time

12  he or she was taken of any change of address or telephone

13  number of the person and child.

14

15  For the purposes of this paragraph, a period of 10 days for

16  making a required report and a period of 30 days for

17  commencing a custody proceeding are not unreasonable, and

18  either action may be taken earlier than the time specified.

19         Section 2.  This act shall take effect July 1, 1999.

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22                          SENATE SUMMARY

23    Provides that a person who flees from actual or
      threatened domestic violence and takes with him or her a
24    minor child under circumstances that otherwise would
      constitute interference with custody must report their
25    address and phone number to the sheriff's office or state
      attorney's office for the county in which the child
26    resided and must commence a custody proceeding.

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