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FL H1385
Bill
Status
Failed
6/16/2025
Primary Sponsor
Judiciary Committee
Click for details
AI Summary
- Creates s. 772.111, F.S., the "Parental Abduction Act," establishing a civil cause of action for a parent whose child is unlawfully taken, detained, concealed, or imprisoned by the other parent for more than 30 consecutive days after the last day of lawful time-sharing
- Allows the aggrieved parent to recover treble actual damages, with a minimum of $1,000, plus reasonable attorney fees and costs at trial and on appeal, upon proof by a preponderance of the evidence
- Provides an affirmative defense if the defendant proves by a preponderance of the evidence a reasonable belief that the child was in imminent danger of domestic violence, sexual violence, abuse, abandonment, or neglect by the other parent
- Requires the civil action to be assigned to the family law division already exercising jurisdiction over the underlying family law case, and grants defendants attorney fees and costs if the claim is found to lack factual or legal support
- Sets a 2-year statute of limitations from when the cause of action accrues, tolled during any period the child remains unlawfully abducted; effective July 1, 2025
Legislative Description
Civil Remedy for Parental Abduction
Last Action
Died in Rules
6/16/2025
Committee Referrals
Judiciary4/11/2025
Civil Justice and Claims Subcommittee3/5/2025
Full Bill Text
No bill text available