Bill

Bill > H1385


FL H1385

FL H1385
Civil Remedy for Parental Abduction


summary

Introduced
02/27/2025
In Committee
04/28/2025
Crossed Over
04/25/2025
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to civil remedy for parental abduction; creating s. 772.111, F.S.; providing a short title; providing definitions; providing a civil cause of action if a child is unlawfully abducted from a parent for a specified amount of time; providing a standard of proof and specified damages; authorizing reasonable attorney fees and costs for either party under certain circumstances; providing when a specified timeframe begins; providing affirmative defenses; requiring a specified court division to preside over such cause of action; providing a statute of limitations; tolling such statute of limitations under certain circumstances; providing an effective date.

AI Summary

This bill establishes a new civil remedy for parental abduction in Florida, creating a legal mechanism for a parent to sue another parent who unlawfully detains or conceals a child for more than 30 consecutive days beyond their court-ordered time-sharing period. Under this law, a parent can seek civil damages, including treble (triple) the actual damages and a minimum of $1,000, plus reasonable attorney fees. The bill defines "unlawful abduction" as taking, detaining, concealing, or imprisoning a child without the other parent's consent, with the intent to deprive that parent of time-sharing. The law provides an important affirmative defense for parents who can prove they had reasonable cause to believe the child was in imminent danger of domestic violence, sexual violence, abuse, abandonment, or neglect. The bill requires such cases to be heard in the family law division that originally handled the underlying family law case, and establishes a two-year statute of limitations that is paused during the period of unlawful abduction. The law aims to protect parental rights and provide a legal recourse for parents whose court-ordered time-sharing has been intentionally and extensively violated.

Committee Categories

Justice

Sponsors (13)

Other Sponsors (2)

Civil Justice & Claims Subcommittee (H), Judiciary Committee (H)

Last Action

Died in Rules (on 06/16/2025)

bill text


bill summary

Loading...

bill summary

Loading...
Loading...