House Bill 0731
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1999 HB 731
By Representative A. Greene
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.
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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 House of Representatives - 1999 HB 731
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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 House of Representatives - 1999 HB 731
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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.
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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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