Bill Text: FL S1862 | 2010 | Regular Session | Comm Sub
Bill Title: Child Abduction Prevention [SPSC]
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-21 - Placed on Special Order Calendar; Read 2nd time -SJ 00699; Substituted CS/CS/HB 787 -SJ 00699; Laid on Table, companion bill(s) passed, see CS/CS/HB 787 (Ch. 2010-59) -SJ 00699 [S1862 Detail]
Download: Florida-2010-S1862-Comm_Sub.html
Florida Senate - 2010 CS for SB 1862 By the Committee on Criminal and Civil Justice Appropriations; and Senator Sobel 604-04278-10 20101862c1 1 A bill to be entitled 2 An act relating to child abduction prevention; 3 providing a short title; amending s. 61.45, F.S.; 4 authorizing additional persons to move to have certain 5 restrictions placed in parenting plans upon showing of 6 a risk that one party may violate the court’s 7 parenting plan by removing a child from this state or 8 country or by concealing the child’s whereabouts; 9 authorizing courts to impose certain restrictions in 10 parenting plans upon a specified finding; authorizing 11 a court to impose certain restrictions in addition to 12 or in lieu of a requirement that a child’s passport be 13 surrendered; authorizing a court to impose specified 14 restrictions upon entry of an order to prevent removal 15 of a child from this state or country; providing 16 additional factors that may be considered in assessing 17 the risk that a party may violate a parenting plan by 18 removing a child from this state or country or by 19 concealing the child’s whereabouts; providing that 20 violations may subject a violator to specified 21 penalties or other consequences; providing an 22 effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. This act may be cited as the “Child Abduction 27 Prevention Act.” 28 Section 2. Section 61.45, Florida Statutes, is amended to 29 read: 30 61.45 Court-ordered parenting plan; risk of violation; 31 bond.— 32 (1) In any proceeding in which the court enters a parenting 33 plan, including a time-sharing schedule, including in a 34 modification proceeding, upon the presentation of competent 35 substantial evidence that there is a risk that one party may 36 violate the court’s parenting plan by removing a child from this 37 state or country or by concealing the whereabouts of a child,or38 upon stipulation of the parties, upon the motion of another 39 individual or entity having a right under the law of this state, 40 or if the court finds evidence that establishes credible risk of 41 removal of the child, the court may: 42 (a) Order that a parent may not remove the child from this 43 state without the notarized written permission of both parents 44 or further court order; 45 (b) Order that a parent may not remove the child from this 46 country without the notarized written permission of both parents 47 or further court order; 48 (c) Order that a parent may not take the child to a country 49 that has not ratified or acceded to the Hague Convention on the 50 Civil Aspects of International Child Abduction unless the other 51 parent agrees in writing that the child may be taken to the 52 country; 53 (d) Require a parent to surrender the passport of the child 54 or require that: 55 1. The petitioner place the child’s name in the Children’s 56 Passport Issuance Alert Program of the United States Department 57 of State; 58 2. The respondent surrender to the court or the 59 petitioner’s attorney any United States or foreign passport 60 issued in the child’s name, including a passport issued in the 61 name of both the parent and the child; and 62 3. The respondent not apply on behalf of the child for a 63 new or replacement passport or visa; or 64 (e) Require that a partytopost bond or other security in 65 an amount sufficient to serve as a financial deterrent to 66 abduction, the proceeds of which may be used to pay the 67 reasonable expenses of recovery of the child, including 68 reasonable attorney’s fees and costs, if the child is abducted. 69 (2) If the court enters a parenting plan, including a time 70 sharing schedule, including in a modification proceeding, that 71 includes a provision entered under paragraph (1)(b) or paragraph 72 (1)(c), a certified copy of the order should be sent by the 73 parent who requested the restriction to the Passport Services 74 Office of the United States Department of State requesting that 75 they not issue a passport to the child without their signature 76 or further court order. 77 (3) If the court enters an order under paragraph (1)(a) or 78 paragraph (1)(b) to prevent the removal of the child from this 79 state or country, the order may include one or more of the 80 following: 81 (a) An imposition of travel restrictions that require that 82 a party traveling with the child outside a designated geographic 83 area provide the other party with the following: 84 1. The travel itinerary of the child. 85 2. A list of physical addresses and telephone numbers at 86 which the child can be reached at specified times. 87 3. Copies of all travel documents. 88 (b) A prohibition of the respondent directly or indirectly: 89 1. Removing the child from this state or country or another 90 specified geographic area without permission of the court or the 91 petitioner’s written consent; 92 2. Removing or retaining the child in violation of a child 93 custody determination; 94 3. Removing the child from school or a child care or 95 similar facility; or 96 4. Approaching the child at any location other than a site 97 designated for supervised visitation. 98 (c) A requirement that a party register the order in 99 another state as a prerequisite to allowing the child to travel 100 to that state. 101 (d) As a prerequisite to exercising custody or visitation, 102 a requirement that the respondent provide the following: 103 1. An authenticated copy of the order detailing passport 104 and travel restrictions for the child to the Office of 105 Children’s Issues within the Bureau of Consular Affairs of the 106 United States Department of State and the relevant foreign 107 consulate or embassy. 108 2. Proof to the court that the respondent has provided the 109 information in subparagraph 1. 110 3. An acknowledgment to the court in a record from the 111 relevant foreign consulate or embassy that no passport 112 application has been made, or passport issued, on behalf of the 113 child. 114 4. Proof to the petitioner and court of registration with 115 the United States embassy or other United States diplomatic 116 presence in the destination country and with the destination 117 country’s central authority for the Hague Convention on the 118 Civil Aspects of International Child Abduction, if that 119 convention is in effect between this country and the destination 120 country, unless one of the parties objects. 121 5. A written waiver under the Privacy Act, 5 U.S.C. s. 122 552a, as amended, with respect to any document, application, or 123 other information pertaining to the child or the respondent 124 authorizing its disclosure to the court. 125 6. A written waiver with respect to any document, 126 application, or other information pertaining to the child or the 127 respondent in records held by the United States Bureau of 128 Citizenship and Immigration Services authorizing its disclosure 129 to the court. 130 7. Upon the court’s request, a requirement that the 131 respondent obtain an order from the relevant foreign country 132 containing terms identical to the child custody determination 133 issued in this country. 134 8. Upon the court’s request, a requirement that the 135 respondent be entered in the Prevent Departure Program of the 136 United States Department of State or a similar federal program 137 designed to prevent unauthorized departures to foreign 138 countries. 139 (e) The court may impose conditions on the exercise of 140 custody or visitation that limit visitation or require that 141 visitation with the child by the respondent be supervised until 142 the court finds that supervision is no longer necessary and 143 orders the respondent to pay the costs of supervision. 144 (4)(3)In assessing the need for a bond or other security, 145 the court may consider any reasonable factor bearing upon the 146 risk that a party may violate a parenting plan by removing a 147 child from this state or country or by concealing the 148 whereabouts of a child, including but not limited to whether: 149 (a) A court has previously found that a party previously 150 removed a child from Florida or another state in violation of a 151 parenting plan, or whether a court had found that a party has 152 threatened to take a child out of Florida or another state in 153 violation of a parenting plan; 154 (b) The party has strong family and community ties to 155 Florida or to other states or countries, including whether the 156 party or child is a citizen of another country; 157 (c) The party has strong financial reasons to remain in 158 Florida or to relocate to another state or country; 159 (d) The party has engaged in activities that suggest plans 160 to leave Florida, such as quitting employment; sale of a 161 residence or termination of a lease on a residence, without 162 efforts to acquire an alternative residence in the state; 163 closing bank accounts or otherwise liquidating assets;or164 applying for a passport or visa; or obtaining travel documents 165 for the respondent or the child; 166 (e) Either party has had a history of domestic violence as 167 either a victim or perpetrator, child abuse or child neglect 168 evidenced by criminal history, including but not limited to, 169 arrest, an injunction for protection against domestic violence 170 issued after notice and hearing under s. 741.30, medical 171 records, affidavits, or any other relevant information;or172 (f) The party has a criminal record;.173 (g) The party is likely to take the child to a country 174 that: 175 1. Is not a party to the Hague Convention on the Civil 176 Aspects of International Child Abduction and does not provide 177 for the extradition of an abducting parent or for the return of 178 an abducted child; 179 2. Is a party to the Hague Convention on the Civil Aspects 180 of International Child Abduction, but: 181 a. The Hague Convention on the Civil Aspects of 182 International Child Abduction is not in force between this 183 country and that country; 184 b. Is noncompliant or demonstrating patterns of 185 noncompliance according to the most recent compliance report 186 issued by the United States Department of State; or 187 c. Lacks legal mechanisms for immediately and effectively 188 enforcing a return order under the Hague Convention on the Civil 189 Aspects of International Child Abduction; 190 3. Poses a risk that the child’s physical or emotional 191 health or safety would be endangered in the country because of 192 specific circumstances relating to the child or because of human 193 rights violations committed against children; 194 4. Has laws or practices that would: 195 a. Enable the respondent, without due cause, to prevent the 196 petitioner from contacting the child; 197 b. Restrict the petitioner from freely traveling to or 198 exiting from the country because of the petitioner’s gender, 199 nationality, marital status, or religion; or 200 c. Restrict the child’s ability to legally leave the 201 country after the child reaches the age of majority because of a 202 child’s gender, nationality, or religion; 203 5. Is included by the United States Department of State on 204 a current list of state sponsors of terrorism; 205 6. Does not have an official United States diplomatic 206 presence in the country; or 207 7. Is engaged in active military action or war, including a 208 civil war, to which the child may be exposed; 209 (h) The party is undergoing a change in immigration or 210 citizenship status that would adversely affect the respondent’s 211 ability to remain in this country legally; 212 (i) The party has had an application for United States 213 citizenship denied; 214 (j) The party has forged or presented misleading or false 215 evidence on government forms or supporting documents to obtain 216 or attempt to obtain a passport, a visa, travel documents, a 217 social security card, a driver’s license, or other government 218 issued identification card or has made a misrepresentation to 219 the United States government; 220 (k) The party has used multiple names to attempt to mislead 221 or defraud; 222 (l) The party has been diagnosed with a mental health 223 disorder that the court considers relevant to the risk of 224 abduction; or 225 (m) The party has engaged in any other conduct that the 226 court considers relevant to the risk of abduction. 227 (5)(4)The court must consider the party’s financial 228 resources prior to setting the bond amount under this section. 229 Under no circumstances may the court set a bond that is 230 unreasonable. 231 (6)(5)Any deficiency of bond or security doesshallnot 232 absolve the violating party of responsibility to pay the full 233 amount of damages determined by the court. 234 (7)(6)(a) Upon a material violation of any parenting plan 235 by removing a child from this state orthiscountry or by 236 concealing the whereabouts of a child, the court may order the 237 bond or other security forfeited in whole or in part. 238 (b) This section, including the requirement to post a bond 239 or other security, does not apply to a parent who, in a 240 proceeding to order or modify a parenting plan or time-sharing 241 schedule, is determined by the court to be a victim of an act of 242 domestic violence or provides the court with reasonable cause to 243 believe that he or she is about to become the victim of an act 244 of domestic violence, as defined in s. 741.28. An injunction for 245 protection against domestic violence issued pursuant to s. 246 741.30 for a parent as the petitioner which is in effect at the 247 time of the court proceeding shall be one means of demonstrating 248 sufficient evidence that the parent is a victim of domestic 249 violence or is about to become the victim of an act of domestic 250 violence, as defined in s. 741.28, and shall exempt the parent 251 from this section, including the requirement to post a bond or 252 other security. A parent who is determined by the court to be 253 exempt from the requirements of this section must meet the 254 requirements of s. 787.03(6) if an offense of interference with 255 the parenting plan or time-sharing schedule is committed. 256 (8)(7)(a) Upon an order of forfeiture, the proceeds of any 257 bond or other security posted pursuant to this subsection may 258 only be used to: 259 1. Reimburse the nonviolating party for actual costs or 260 damages incurred in upholding the court’s parenting plan. 261 2. Locate and return the child to the residence as set 262 forth in the parenting plan. 263 3. Reimburse reasonable fees and costs as determined by the 264 court. 265 (b) Any remaining proceeds shall be held as further 266 security if deemed necessary by the court, and if further 267 security is not found to be necessary; applied to any child 268 support arrears owed by the parent against whom the bond was 269 required, and if no arrears exists; all remaining proceeds will 270 be allocated by the court in the best interest of the child. 271 (9)(8)At any time after the forfeiture of the bond or 272 other security, the party who posted the bond or other security, 273 or the court on its own motion may request that the party 274 provide documentation substantiating that the proceeds received 275 as a result of the forfeiture have been used solely in 276 accordance with this subsection. Any party using such proceeds 277 for purposes not in accordance with this section may be found in 278 contempt of court. 279 (10) A violation of this section may subject the party 280 committing the violation to civil or criminal penalties or a 281 federal or state warrant under federal or state laws, including 282 the International Parental Kidnapping Crime Act, and may subject 283 the violating parent to apprehension by a law enforcement 284 officer. 285 Section 3. This act shall take effect January 1, 2011.