HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 385 Safe Exchange of Minor Children
SPONSOR(S): Judiciary Committee, Civil Justice Subcommittee, Rudman and others
TIED BILLS: IDEN./SIM. BILLS: SB 580
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 18 Y, 0 N, As CS Mathews Jones
2) Judiciary Committee 21 Y, 0 N, As CS Mathews Kramer
SUMMARY ANALYSIS
A court may prescribe a “parenting plan” by which parents are ordered to share decision-making and physical
custody of a minor child. A parenting plan governs the relationship between parents relating to decisions that
must be made regarding the minor child at issue and must contain a timesharing schedule for the parents and
the child. Ideally, a parenting plan should attempt to address all issues concerning the minor child, including,
but not limited to, the child’s education, health care, and physical, social, and emotional well-being. The court
should take into consideration all circumstances between the parents, including their historic relationship,
domestic violence, and other factors.
Pursuant to s. 61.13(2)(b), F.S., a parenting plan approved by the court must, at a minimum:
 Describe in adequate detail how the parents will share and be responsible for the daily tasks associated
with raising the minor child;
 Include the timesharing schedule arrangements that specify the time that the minor child will spend with
each parent;
 Designate which parent will be responsible for healthcare, school-related matters, and other activities;
and
 Describe in adequate detail the methods and technologies the parents will use to communicate with the
child.
CS/CS/HB 385 requires each sheriff to designate at least one parking lot as a neutral safe exchange location
for use by parents of a common child and also identifies minimum requirements that each designated safe
exchange location must satisfy, including a purple light or signage in the parking lot and a camera surveillance
system. The bill provides a county, sheriff, law enforcement officer, or employee of the safe exchange location
protection from a legal suit based on an incident arising out of a meeting at a safe exchange location.
The bill also amends s. 61.13, F.S., and creates s. 61.455, F.S., to provide that a court may order the
exchange of a child pursuant to a parenting plan to be conducted at a neutral safe exchange location if there is
competent evidence that there is a risk or an imminent threat of harm to one of the parents or the child during
the exchange. The bill amends s. 741.30, F.S., to change the standard form of the petition for protection
against domestic violence to allow the petitioner to request that the court require timesharing exchanges to be
conducted at a safe exchange location, and to authorize or require the court to order the use of a neutral
exchange location in an ex parte order for a temporary injunction under certain circumstances. Further, the bill
authorizes the court to require the exchange to take place at a neutral safe exchange location in a final
injunction following proper notice and a hearing.
The bill may have an insignificant negative fiscal impact on counties and municipalities due to the required
purple light or sign and camera surveillance system.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Timesharing, Parental Responsibility, and Parenting Plans
Section 61.13, F.S., provides guidelines to assist courts in determining matters related to parenting 1
and timesharing2 of minor children in actions under ch. 61, F.S., in accordance with the best interests of
the child while balancing the rights of parents. In establishing a rebuttable presumption for equal
timesharing between parents, the Legislature has declared that:3
It is the public policy of this state that each minor child has frequent and
continuing contact with both parents after the parents separate or the marriage of
the parties is dissolved and to encourage parents to share the rights and
responsibilities, and joys, of childrearing. Unless otherwise provided in this
section or agreed to by the parties, there is a rebuttable presumption that equal
time-sharing of a minor child is in the best interests of the minor child. To rebut
this presumption, a party must prove by a preponderance of the evidence that
equal time-sharing is not in the best interests of the minor child.
Although current law establishes a presumption in favor of an equal timesharing schedule, when the
parties are unable to agree to a specific schedule the court must evaluate statutory factors and create a
timesharing schedule for the parents to follow. In establishing timesharing, the court must consider the
best interests of the child4 and evaluate all factors affecting the welfare and interests of the child and
the circumstances of the family, including, but not limited to the:
 Demonstrated capacity and disposition of each parent to facilitate and encourage a continuing
parent-child relationship, honor the timesharing schedule, and accommodate necessary
changes.
 Anticipated division of parental responsibilities after the litigation, including the extent to which
parental responsibilities will be delegated to third parties.
 Demonstrated capacity and disposition of each parent to determine, consider, and act upon the
needs of the child.
 Length of time the child has lived in a stable environment and the desirability of maintaining
continuity.
 Geographic viability of the parenting plan, with special attention paid to the needs of school-age
children and the amount of time to be spent traveling to effectuate the parenting plan.
 Mental health, physical health, and moral fitness of the parents.
 Home, school, and community record of the child.
 Reasonable preference of the child.
 Demonstrated knowledge, capacity, and disposition of each parent to be informed of the
circumstances of the minor child, including the child’s friends, teachers, and daily activities.
 Demonstrated capacity and disposition of each parent to:
o Provide a consistent routine; and
o Communicate with and keep the other parent informed of issues and activities regarding
the minor child, and the willingness of each parent to adopt a unified front on all major
issues when dealing with the child.
 Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child
neglect, or that either parent has ever knowingly provided false information about such matters.
1 Parenting or parental responsibility refers to the responsibility and right to make important decisions about the child’s welfare, such as
education and medical care after the parents separate.
2 Timesharing refers to the time, including overnights and holidays, which the child spends with each parent. S. 61.046(23), F.S.
3 S. 61.13(2)(c)1., F.S.
4 S. 61.13(2)(c), F.S.
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  Particular parenting tasks customarily performed by each parent, including the extent to which
parenting responsibilities were undertaken by third parties.
 Demonstrated capacity and disposition of each parent to participate and be involved in the
child’s school and extracurricular activities.
 Demonstrated capacity and disposition of each parent to maintain an environment for the child
which is free from substance abuse.
 Capacity and disposition of each parent to protect the child from the ongoing litigation regarding
child custody.
 Developmental stages and needs of the child and the demonstrated capacity and disposition of
each parent to meet the child’s developmental needs.
Parenting Plan
A court may prescribe a “parenting plan” 5 by which the parents are ordered to share decision-making
and physical custody of the minor child. The parenting plan may order parents to exercise shared
parental responsibility, it may delegate decision-making authority over specific matters to one parent, or
it may grant a parent sole parental responsibility over the minor child.
A parenting plan is a document created to govern the relationship between parents for decisions that
must be made regarding the minor child at issue.6 A parenting plan must contain a timesharing
schedule for the parents and the child.7 The parenting plan should attempt to address all issues
concerning the minor child, including, but not limited to, the child’s education, health care, and physical,
social, and emotional well-being.8 In creating the parenting plan, the court must consider all
circumstances between the parents, including their historic relationship, domestic violence, and other
factors.9 A parenting plan is either created and agreed to by both parents and approved by the court, or
is established by the court if the parents cannot agree to a plan or the parents agree to a plan that is
not approved by the court.10 A parenting plan may be utilized in cases involving minor children
unrelated to a dissolution of marriage or in connection to a dissolution of marriage.
Pursuant to s. 61.13(2)(b), F.S., a parenting plan approved by the court must, at a minimum:
 Describe in adequate detail how the parents will share and be responsible for the daily tasks
associated with raising the minor child;
 Include the timesharing schedule arrangements that specify the time that the minor child will
spend with each parent;
 Designate which parent will be responsible for healthcare, school-related matters, and other
activities; and
 Describe in adequate detail the methods and technologies the parents will use to communicate
with the child.11
Given the potential for heated disputes in matters involving a minor child, it is imperative that the
parenting plan be as detailed as possible to eliminate ambiguity surrounding each parent’s
responsibilities and specific timesharing with the minor child. This generally includes a detailed
description of the various holidays and with which parent the child will spend each holiday, 12 the
location of the exchange from one parent’s timesharing to the other parent’s timesharing, who is
responsible for the child’s travel expenses, the times during which one parent will ensure the minor
5 A “parenting plan” is a document created to govern the relationship between the parents relating to decisions which must be m ade
regarding the child and must contain a timesharing schedule for the parents and child. S. 61.046(14), F.S. If a parenting plan is agreed
to by the parties, it must be approved by the court.
6 S. 61.046(14), F.S.
7 Id.
8 Id.
9 Id.
10 Id.
11 S. 61.13(2)(b), F.S.
12 See Mills v. Johnson, 147 So. 3d 1023 (Fla. 2d DCA 2014) (trial court erred by adopting a timesharing schedule that did not address
holiday timesharing given the historically contentious parenting relationship between the parties ).
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 child is available to communicate with the other parent, the delegation of specific decision-making
topics, and more.13
To assist parties with creating a parenting plan that meets the requirements under s. 61.13, F.S., the
Florida Supreme Court published a standardized parenting plan form, Form 12.995(a). 14 The form
attempts to cover all possible aspects of an acceptable parenting plan including which parent can enroll
the child in extra-curricular activities, the specific meaning of academic breaks and holidays, the
process by which a parent should request a temporary schedule change, the specific days the child
should be with each parent, and even the specific time the exchange should occur.
Timesharing exchanges commonly occur in well-lit parking lots of popular establishments, rest stops at
the midway point between both parents, the child’s school, or a common landmark such as a specific
coffee shop. There is no limitation as to the location the parties may agree to for the timesharing
exchange. In matters where the parents have a historically contentious relationship, it is generally
preferable that the exchange be made in a public, well-lit location with security cameras and high foot
traffic by other people. Usually, parents are able to agree on a change in exchange location and
deviate from the location prescribed in the parenting plan as needed. However, when parents are
unable to agree, the location specified in the parenting plan remains the default exchange location.
Many sheriffs’ offices and police departments allow the public to use their lobbies as an exchange
location; however, there is no standard process or procedure for all locations.
Domestic Violence
Domestic violence means any criminal offense resulting in the physical injury or death of one family or
household member15 by another family or household member,16 including:
 Assault;17
 Aggravated assault;18
 Battery;19
 Aggravated battery;20
 Sexual assault;21
 Sexual battery;22
 Stalking;23
 Aggravated stalking;24
 Kidnapping;25 and
13 See generally Magdziak v. Sullivan, 185 So. 3d 1291 (Fla. 5th DCA 2016); see also Scudder v. Scudder, 296 So. 3d 426 (Fla. 4th
DCA 2020).
14
Florida Supreme Court Approved Family Law Form 12.995(a), Parenting Plan (Feb. 2018),
https://www.flcourts.gov/content/download/686031/file_pdf/995a.pdf (last visited Nov. 28, 2023).
15 “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons pre s en tl y re s i d i ng
together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in co mmon
regardless of whether they have been married. With the exception of persons w ho have a child in common, the family or household
members must be currently residing or have in the past resided together in the same single dwelling unit. S. 741.28(3), F.S.
16
S. 741.28(2), F.S.
17 “Assault” means an intentional, unlawful threat by word o r act to do violence to another, coupled with an apparent ability to do so,
creating a well-founded fear in such other person that violence is imminent. S. 784.011, F.S.
18 “Aggravated assault” means an assault with a deadly weapon without intent to kill or with intent to commit a felony. S. 784.021, F.S.
19 “Battery” means the actual and intentional touching or striking of another against his or her will or intentionally causing b odily harm to
another. S. 784.03, F.S.
20 “Aggravated battery” means a battery in which the offender intentionally or knowingly caused great bodily harm, permanent disability,
or permanent disfigurement; used a deadly weapon; or victimized a person the offender knew or should have known was pre g n a n t. S.
784.045, F.S.
21 “Sexual assault” has the same meaning as sexual battery.
22 “Sexual battery” means oral, anal, or vaginal penetration by, or in union with, the sexual organ of another or the anal or va ginal
penetration of another by any object, but does not include an act done for a bon a fide medical purpose. S. 794.011(1)(h), F.S.
23 “Stalking” means willfully, maliciously, and repeatedly following, harassing, or cyberstalking another. S. 784.048(2), F.S.
24 “Aggravated stalking” means willfully, maliciously, and repeatedly following, har assing, or cyberstalking another and making a
credible threat to that person. S. 784.048(3), F.S.
25 “Kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another against his or her will and without
lawful authority with the intent to hold for ransom or reward or as a shield or hostage; commit or facilitate a felony; inflict bodily harm
upon or terrorize another; or interfere with the performance of any governmental or political function. S. 787.01(1), F.S.
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  False imprisonment.26
In 2020,27 Florida law enforcement agencies received 106,615 domestic violence reports, 28 resulting in
63,345 arrests.29 During fiscal year 2021-2022, Florida’s 41 certified domestic violence shelters 30
admitted 11,811 victims to a residential services program and 38,630 victims to a non-residential
outreach services program.31 During the same year, the domestic violence centers answered 81,357
crisis hotline calls, completed 171,008 safety plans with surv