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Title
PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION; Chapter
XLVI
CONSPIRACY
CRIMES
CHAPTER 777
(1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets,
hires, or otherwise procures another to take or entice, any minor or any incompetent person from
the custody of the minor's or incompetent person's parent, his or her guardian, a public agency
having the lawful charge of the minor or incompetent person, or any other lawful custodian
commits the offense of interference with custody and commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) In the absence of a court order determining rights to custody or visitation with any minor or
with any incompetent person, any parent of the minor or incompetent person, whether natural or
adoptive, stepparent, legal guardian, or relative of the minor or incompetent person who has
custody thereof and who takes, detains, conceals, or entices away that minor or incompetent
person within or without the state with malicious intent to deprive another person of his or her
right to custody of the minor or incompetent person commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) A subsequently obtained court order for custody or visitation does not affect application of this
section.
787.04 Removing minors from state or concealing minors contrary to state agency order or
court order.--
(1) It is unlawful for any person, in violation of a court order, to lead, take, entice, or remove a
minor beyond the limits of this state, or to conceal the location of a minor, with personal
knowledge of the order.
(2) It is unlawful for any person, with criminal intent, to lead, take, entice, or remove a minor
beyond the limits of this state, or to conceal the location of a minor, during the pendency of any
action or proceeding affecting custody of the minor, after having received notice as required by
law of the pendency of the action or proceeding, without the permission of the court in which the
action or proceeding is pending.
(3) It is unlawful for any person, with criminal intent, to lead, take, entice, or remove a minor
beyond the limits of this state, or to conceal the location of a minor, during the pendency of a
dependency proceeding affecting such minor or during the pendency of any investigation, action,
or proceeding concerning the alleged abuse or neglect of such minor, after having received notice
of the pendency of such investigation, action, or proceeding and without the permission of the
state agency or court in which the investigation, action, or proceeding is pending.
(4) It is unlawful for any person, who has carried beyond the limits of this state any minor whose
custody is involved in any action or proceeding pending in this state pursuant to the order of the
court in which the action or proceeding is pending or pursuant to the permission of the court,
thereafter, to fail to produce the minor in the court or deliver the minor to the person designated
by the court.
(5) It is a defense under this section that a person who leads, takes, entices, or removes a minor
beyond the limits of the state reasonably believes that his or her action was necessary to protect
the minor from child abuse as defined in s. 827.03.
(6) Any person who violates this section is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
PART I
CHAPTER 827
ABUSE OF CHILDREN
827.01 Definitions.
CHAPTER 837
PERJURY
837.011 Definitions.
(1) Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk, sheriff,
coroner, or other public officer, or employee or agent of or contractor with a public agency, or any
person whatsoever, shall steal, embezzle, alter, corruptly withdraw, falsify or avoid any record,
process, charter, gift, grant, conveyance, or contract, or any paper filed in any judicial proceeding
in any court of this state, or shall knowingly and willfully take off, discharge or conceal any issue,
forfeited recognizance, or other forfeiture, or other paper above mentioned, or shall forge,
deface, or falsify any document or instrument recorded, or filed in any court, or any registry,
acknowledgment, or certificate, or shall fraudulently alter, deface, or falsify any minutes,
documents, books, or any proceedings whatever of or belonging to any public office within this
state; or if any person shall cause or procure any of the offenses aforesaid to be committed, or be
in anywise concerned therein, the person so offending shall be guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(2)(a) Any person who knowingly falsifies, alters, destroys, defaces, overwrites, removes, or
discards an official record relating to an individual in the care and custody of a state agency, which
act has the potential to detrimentally affect the health, safety, or welfare of that individual,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. For the purposes of this paragraph, the term "care and custody" includes, but is not
limited to, a child abuse protective investigation, protective supervision, foster care and related
services, or a protective investigation or protective supervision of a vulnerable adult, as defined in
chapter 39, chapter 409, or chapter 415.
(b) Any person who commits a violation of paragraph (a) which contributes to great bodily harm to
or the death of an individual in the care and custody of a state agency commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purposes of
this paragraph, the term "care and custody" includes, but is not limited to, a child abuse protective
investigation, protective supervision, foster care and related services, or a protective investigation
or protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or chapter
415.
(c) Any person who knowingly falsifies, alters, destroys, defaces, overwrites, removes, or discards
records of the Department of Children and Family Services or its contract provider with the intent
to conceal a fact material to a child abuse protective investigation, protective supervision, foster
care and related services, or a protective investigation or protective supervision of a vulnerable
adult, as defined in chapter 39, chapter 409, or chapter 415, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Nothing in this paragraph prohibits
prosecution for a violation of paragraph (a) or paragraph (b) involving records described in this
paragraph.
843.0855 Criminal actions under color of law or through use of simulated legal process.--
(a) The term "legal process" means a document or order issued by a court or filed or recorded for
the purpose of exercising jurisdiction or representing a claim against a person or property, or for
the purpose of directing a person to appear before a court or tribunal, or to perform or refrain
from performing a specified act. "Legal process" includes, but is not limited to, a summons, lien,
complaint, warrant, injunction, writ, notice, pleading, subpoena, or order.
(b) The term "person" means an individual, public or private group incorporated or otherwise,
legitimate or illegitimate legal tribunal or entity, informal organization, official or unofficial
agency or body, or any assemblage of individuals.
(c) The term "public officer" means a public officer as defined by s. 112.061.
(d) The term "public employee" means a public employee as defined by s. 112.061.
(2) Any person who deliberately impersonates or falsely acts as a public officer or tribunal, public
employee or utility employee, including, but not limited to, marshals, judges, prosecutors,
sheriffs, deputies, court personnel, or any law enforcement authority in connection with or relating
to any legal process affecting persons and property, or otherwise takes any action under color of
law against persons or property, commits a felony of the third degree, punishable as provided in s.
775.082 or s. 775.083.
(3) Any person who simulates legal process, including, but not limited to, actions affecting title to
real estate or personal property, indictments, subpoenas, warrants, injunctions, liens, orders,
judgments, or any legal documents or proceedings, knowing or having reason to know the contents
of any such documents or proceedings or the basis for any action to be fraudulent, commits a
felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
(4) Any person who falsely under color of law attempts in any way to influence, intimidate, or
hinder a public officer or law enforcement officer in the discharge of his or her official duties by
means of, but not limited to, threats of or actual physical abuse or harassment, or through the use
of simulated legal process, commits a felony of the third degree, punishable as provided in s.
775.082 or s. 775.083.
Chapter 843 View Entire Chapter
Title XLVI
OBSTRUCTING JUSTICE
CRIMES
61.021 Residence requirements.--To obtain a dissolution of marriage, one of the parties to the
marriage must reside 6 months in the state before the filing of the petition.
61.09 Alimony and child support unconnected with dissolution.--If a person having the ability to
contribute to the maintenance of his or her spouse and support of his or her minor child fails to do
so, the spouse who is not receiving support or who has custody of the child or with whom the child
has primary residence may apply to the court for alimony and for support for the child without
seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.
61.11 Writs.--
(1) When either party is about to remove himself or herself or his or her property out of the state,
or fraudulently convey or conceal it, the court may award a ne exeat or injunction against the
party or the property and make such orders as will secure alimony or support to the party who
should receive it.
(2)(a) When the court issues a writ of bodily attachment in connection with a court-ordered
support obligation, the writ or attachment to the writ must include, at a minimum, such
information on the respondent's physical description and location as is required for entry of the
writ into the Florida Crime Information Center telecommunications system and authorization for
the assessment and collection of the actual costs associated with the service of the writ and
transportation of the respondent in compliance thereof. The writ shall direct that service and
execution of the writ may be made on any day of the week and any time of the day or night.
Etc.
(a) "Change of residence address" means the relocation of a child to a principal residence more
than 50 miles away from his or her principal place of residence at the time of the entry of the last
order establishing or modifying the designation of the primary residential parent or the custody of
the minor child, unless the move places the principal residence of the minor child less than 50
miles from the nonresidential parent.
Etc.
(a) Order that a parent may not remove the child from this state without the notarized written
permission of both parents or further court order;
(b) Order that a parent may not remove the child from this country without the notarized written
permission of both parents or further court order;
(c) Order that a parent may not take the child to a country that has not ratified or acceded to the
Hague Convention on the Civil Aspects of International Child Abduction unless the other parent
agrees in writing that the child may be taken to the country;
Etc.
61.507 Effect of child custody determination.--A child custody determination made by a court of
this state which had jurisdiction under this part binds all persons who have been served in
accordance with the laws of this state or notified in accordance with s. 61.509 or who have
submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As
to those persons, the determination is conclusive as to all decided issues of law and fact except to
the extent the determination is modified.
(1) Except as otherwise provided in s. 61.517, a court of this state has jurisdiction to make an
initial child custody determination only if:
(a) This state is the home state of the child on the date of the commencement of the proceeding,
or was the home state of the child within 6 months before the commencement of the proceeding
and the child is absent from this state but a parent or person acting as a parent continues to live in
this state;
Etc.
Title VI Chapter 61 View Entire
CIVIL PRACTICE AND DISSOLUTION OF MARRIAGE; SUPPORT; Chapter
PROCEDURE CUSTODY
61.515 Exclusive, continuing jurisdiction.--
(1) Except as otherwise provided in s. 61.517, a court of this state which has made a child custody
determination consistent with s. 61.514 or s. 61.516 has exclusive, continuing jurisdiction over the
determination until:
(a) A court of this state determines that the child, the child's parents, and any person acting as a
parent do not have a significant connection with this state and that substantial evidence is no
longer available in this state concerning the child's care, protection, training, and personal
relationships; or
(b) A court of this state or a court of another state determines that the child, the child's parent,
and any person acting as a parent do not presently reside in this state.
(2) A court of this state which has made a child custody determination and does not have
exclusive, continuing jurisdiction under this section may modify that determination only if it has
jurisdiction to make an initial determination under s. 61.514.
(1) In a child custody proceeding in this state, the court may order a party to the proceeding who
is in this state to appear before the court in person with or without the child. The court may order
any person who is in this state and who has physical custody or control of the child to appear in
person with the child.
(2) If a party to a child custody proceeding whose presence is desired by the court is outside this
state, the court may order that a notice given pursuant to s. 61.509 include a statement directing
the party to appear in person with or without the child and informing the party that failure to
appear may result in a decision adverse to the party.
(3) The court may enter any orders necessary to ensure the safety of the child and of any person
ordered to appear under this section.
(4) If a party to a child custody proceeding who is outside this state is directed to appear under
subsection (2) or desires to appear in person before the court with or without the child, the court
may require another party to pay reasonable and necessary travel and other expenses of the party
so appearing and of the child.
(1) The individual is personally served with citation, summons, or notice within this state;
(2) The individual submits to the jurisdiction of this state by consent, by entering a general
appearance, or by filing a responsive document having the effect of waiving any contest to
personal jurisdiction;
(4) The individual resided in this state and provided prenatal expenses or support for the child;
(5) The child resides in this state as a result of the acts or directives of the individual;
(6) The individual engaged in sexual intercourse in this state and the child may have been
conceived by that act of intercourse;
(7) The individual asserted parentage in a tribunal or in a putative father registry maintained in
this state by the appropriate agency; or
(8) There is any other basis consistent with the constitutions of this state and the United States for
the exercise of personal jurisdiction.