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Florida Statute 787.04 | Lawyer Caselaw & Research
F.S. 787.04 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 787.04

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 787
KIDNAPPING; CUSTODY OFFENSES; HUMAN TRAFFICKING; AND RELATED OFFENSES
View Entire Chapter
F.S. 787.04
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 to knowingly and willfully lead, take, entice, or remove a minor beyond the limits of this state, or to knowingly and willfully 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 actual or constructive 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.
History.s. 1, ch. 29654, 1955; s. 1, ch. 57-337; s. 47, ch. 67-254; s. 785, ch. 71-136; s. 25, ch. 74-383; s. 15, ch. 75-298; s. 1, ch. 80-102; s. 3, ch. 88-151; s. 3, ch. 96-215; s. 23, ch. 96-322; s. 1815, ch. 97-102; s. 21, ch. 2008-245.
Note.Former ss. 65.141, 805.03.

F.S. 787.04 on Google Scholar

F.S. 787.04 on Casetext

Amendments to 787.04


Arrestable Offenses / Crimes under Fla. Stat. 787.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

S787.04 - FAMILY OFFENSE - RENUMBERED. SEE REC # 8754 - F: T
S787.04 1 - FAMILY OFFENSE - VIOL COURT ORDER REM MINOR FROM STATE CONC LOC - F: T
S787.04 2 - FAMILY OFFENSE - REM MINOR FROM STATE CONC LOC PEND PROCED CUST - F: T
S787.04 3 - FAMILY OFFENSE - REM MINR FR ST CONC LOC PEND INV ALEG ABUS NEG - F: T
S787.04 4 - FAMILY OFFENSE - FAIL PROD DEL MINOR COURT DESIG PRSN PEND CUST - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLYNN, v. STATE, 229 So. 3d 1219 (Fla. 2017)

. . . constitutes the crime of concealment of a' child in violation of a court order pursuant to section 787.04 . . .

FLYNN, v. STATE, 217 So. 3d 1055 (Fla. Dist. Ct. App. 2017)

. . . . § 787.04(1), Fla. Stat. (2014). Relying on the Second District’s opinion in Merkle v. . . . We find Costlow to be consistent with the plain language of section 787.04(1) and, therefore, adopt its . . . Instead, it left the terms open to those set in any “court order.” § 787.04(1), Fla. Stat. (2014). . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 173 So. 3d 19 (Fla. 2015)

. . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and 787.04 . . .

GRAHAM, v. STATE, 169 So. 3d 123 (Fla. Dist. Ct. App. 2015)

. . . circumstances of intent or purpose); § 787.03 (Interference with Custody, a first-degree misdemeanor); and § 787.04 . . . the crimes defined in sections 787.02 (false imprisonment), 787.03 (interference with custody), and 787.04 . . . Interference with custody (section 787.03) or removal from the state (section 787.04) are not necessarily . . .

STATE v. ROBERTS,, 143 So. 3d 936 (Fla. Dist. Ct. App. 2014)

. . . offense was based on an omission to perform the duty imposed by the Florida court order and section 787.04 . . .

MERKLE n k a G. v. STATE, 88 So. 3d 375 (Fla. Dist. Ct. App. 2012)

. . . convicted her of concealing the location of a minor contrary to a court order in violation of section 787.04 . . . Merkle with violating section 787.04(1), which provides that “[i]t is unlawful for any person, in violation . . . reading of the statute is also consistent with the statutory defense to this crime provided under section 787.04 . . . leads, takes, entices, or removes” a minor and not for one who “conceals the location” of a minor. § 787.04 . . . State, 543 So.2d 1259, 1262 (Fla. 5th DCA 1989), the Fifth District held that under section 787.04(1) . . .

DEPARTMENT OF CHILDREN AND FAMILIES, v. P. F. K. A. a, 107 So. 3d 1123 (Fla. Dist. Ct. App. 2012)

. . . Section 787.04, relating to removing minors from the state or concealing minors contrary to court order . . .

STAIRS, v. STATE, 973 So. 2d 1211 (Fla. Dist. Ct. App. 2008)

. . . See § 787.04(3), Fla. Stat. (2003). . . .

WRIGHT, v. STATE, 947 So. 2d 1240 (Fla. Dist. Ct. App. 2007)

. . . Wanda Wright was convicted of a violation of section 787.04(4), Florida Statutes, for failing to timely . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- SEXUAL VIOLENCE FORMS, 871 So. 2d 113 (Fla. 2004)

. . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and 787.04 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and 787.04 . . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and 787.04 . . .

L. STANLEY, v. STANLEY,, 756 So. 2d 210 (Fla. Dist. Ct. App. 2000)

. . . flight from the State of Florida would be a defense to the parental kidnapping statute, see section 787.04 . . .

AYYASH, v. FARMER, f k a, 750 So. 2d 691 (Fla. Dist. Ct. App. 1999)

. . . laws: interference with child custody, section 787.03(2), and removing and concealing minors, section 787.04 . . .

In AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 717 So. 2d 914 (Fla. 1998)

. . . Violation of this custody order may constitute a felony of the third degree under sections 787.03 and 787.04 . . .

KHAN, v. STATE, 704 So. 2d 1129 (Fla. Dist. Ct. App. 1998)

. . . (Supp.1994), and removing a minor from the state contrary to a court order in violation of section 787.04 . . . consecutive five year prison terms, suspended four years of the sentence for the violation of section 787.04 . . . argues that he could not be convicted and sentenced for violations of section 787.03(1) and section 787.04 . . . Accordingly, we affirm appellant’s conviction and sentence pursuant to section 787.04(1). . . . Section 787.04(1), Florida Statutes (1993), provides: “It is unlawful for any person, in violation of . . .

In MATIAS, XXX- XX- XXXX, 203 B.R. 490 (Bankr. S.D. Fla. 1996)

. . . deleting the $190.00 payroll deduction for “Credit Union” results in adjusted payroll deductions of $787.04 . . . results in an adjusted net monthly take home pay of $2,012.96 ($2,800.00 gross monthly income minus the $787.04 . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . constitute a misdemeanor of the first degree, section 787.03, or a felony of the third degree, section 787.04 . . .

FIERRO, v. STATE, 653 So. 2d 447 (Fla. Dist. Ct. App. 1995)

. . . for (Count I) concealing or removing a minor child contrary to court order in violation of section 787.04 . . . The State charged appellant with violating section 787.04, Florida Statutes, which provides: “It is unlawful . . . A review of the record indicates the initial information for violation of section 787.04 had been filed . . .

HABIE, v. E. KRISCHER, C., 642 So. 2d 138 (Fla. Dist. Ct. App. 1994)

. . . Section 787.04 provides in part: (1) It is unlawful for any person in violation of a court order, to . . . The warrant alleged violations of § 787.04(1) for unlawfully removing a minor from the state in violation . . . Habie argues that section 787.04(5), supra, which provides that it is a defense if the person removing . . . [The State Attorney argues] that the [phrase] “reasonably believes” as used in Florida Statute § 787.04 . . . Finally, Plaintiffs arguments to void § 787.04 Fla.Stat. must fail because he does not support any of . . .

GLENNEY v. ROSS, 45 Fla. Supp. 2d 126 (Fla. Cir. Ct. 1990)

. . . Plaintiffs, Renee Glenney and her husband, James Glenney, sued defendant, Murray Ross, pursuant to § 787.04 . . . The rigid interpretation of §787.04 established in Donner and Belcher has been consistently applied by . . . ); 2ifReed v Bowen, 512 So.2d 198 (Fla. 1987) (finding that the affirmative defenses set forth in § 787.04 . . . unable to exercise control, it is unreasonable for those persons to have a cause of action under § 787.04 . . .

OF AMERICA BANK, MID- MICHIGAN, N. A. a E. W. v. UNITED STATES, 752 F. Supp. 764 (E.D. Mich. 1990)

. . . MICHIGAN 5% METHOD 1991 588.90 588.90 1992 633.18 560.86 1993 680.80 535.36 1994 732.00 512.09 1995 787.04 . . .

STATE v. COSTA,, 558 So. 2d 525 (Fla. Dist. Ct. App. 1990)

. . . Costa was subsequently charged by information with two counts of violating Section 787.04(1), Florida . . .

COSTLOW, v. STATE, 543 So. 2d 1259 (Fla. Dist. Ct. App. 1989)

. . . Robbie Costlow appeals his conviction for concealing a child in violation of a court order, section 787.04 . . . Section 787.04(1) provides: It is unlawful for any person, in violation of a court order, to lead, take . . . circumstances established in this record, creates a prima facie violation of child concealment (section 787.04 . . . The Florida legislature has decided that we need section 787.04(1). . . . The constitutionality of section 787.04(1) is not raised in this case. . . . .

ANDERSON, v. W. DITTMANN,, 518 So. 2d 447 (Fla. Dist. Ct. App. 1988)

. . . obtaining the written permission of the other party or the Court as controlled by the provisions of Section 787.04 . . .

G. THORPE, v. STATE, 453 So. 2d 487 (Fla. Dist. Ct. App. 1984)

. . . appellant’s judgment and sentence for concealing a child contrary to court order, a violation of section 787.04 . . .

CLARK, v. CLARK,, 434 So. 2d 28 (Fla. Dist. Ct. App. 1983)

. . . Carol Clark, last known as Carol Lewis and Gary Lewis where [sic] allowed to violate Florida Chapter 787.04 . . .