Bill Text: FL S0146 | 2012 | Regular Session | Introduced

---

Bill Title: Offenses by Caregivers of Minor Children

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2012-03-09 - Died in Criminal Justice, companion bill(s) passed, see CS/HB 37 (Ch. [S0146 Detail]

Download: Florida-2012-S0146-Introduced.html

---

       Florida Senate - 2012                                     SB 146
       
       
       
       By Senator Flores
       
       
       
       
       38-00130-12                                            2012146__
    1                        A bill to be entitled                      
    2         An act relating to offenses by caregivers of minor
    3         children; providing a short title; creating s. 827.10,
    4         F.S.; penalizing the failure of a caregiver, willfully
    5         or by culpable negligence, to make contact with a
    6         child under a specified age in his or her care for a
    7         certain period and to immediately report the child as
    8         missing to a law enforcement agency after that period
    9         expires without contact in certain circumstances;
   10         providing criminal penalties; providing enhanced
   11         criminal penalties in certain circumstances; creating
   12         s. 827.11, F.S.; requiring the caregiver of a minor
   13         child to report the child’s death to a law enforcement
   14         agency within a specified period in certain
   15         circumstances; requiring the caregiver of a minor
   16         child to report the location of a child’s corpse to a
   17         law enforcement agency within a specified period in
   18         certain circumstances; providing criminal penalties;
   19         amending s. 837.055, F.S.; providing enhanced criminal
   20         penalties for a caregiver of a minor child who
   21         knowingly and willfully gives false information with
   22         specified intent to a law enforcement officer
   23         conducting a missing person investigation or a felony
   24         criminal investigation involving a child; providing an
   25         effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. This act may be cited as “Caylee’s Law.”
   30         Section 2. Section 827.10, Florida Statutes, is created to
   31  read:
   32         827.10 Missing child; duty to report.—A caregiver who
   33  willfully or by culpable negligence fails to make contact with
   34  or otherwise verify the whereabouts and safety of a child in his
   35  or her care who is 12 years of age or younger for a period of 48
   36  hours and to immediately report the child as missing to a law
   37  enforcement agency after this 48-hour period expires without
   38  contact commits:
   39         (1) A felony of the second degree if the child suffers
   40  great bodily harm, permanent disability, or permanent
   41  disfigurement while missing; or
   42         (2) A felony of the third degree in any other circumstance,
   43  
   44  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   45         Section 3. Section 827.11, Florida Statutes, is created to
   46  read:
   47         827.11 Death of a child or location of a child’s corpse;
   48  reporting requirements.—
   49         (1) A caregiver of a minor child must:
   50         (a) Report the child’s death to a law enforcement agency
   51  within 2 hours after learning about the child’s death; or
   52         (b) Report the location of the child’s corpse to a law
   53  enforcement agency within 2 hours after learning the location of
   54  the corpse,
   55  
   56  if the child’s death appears to have been one described in s.
   57  406.11(1)(a) other than a death described in s. 406.11(1)(a)6.,
   58  7., or 9.
   59         (2) A person who violates this section commits a felony of
   60  the second degree, punishable as provided in s. 775.082, s.
   61  775.083, or s. 775.084.
   62         Section 4. Section 837.055, Florida Statutes, is amended to
   63  read:
   64         837.055 False information to law enforcement during
   65  investigation.—
   66         (1) Except as provided in subsection (2), a person who
   67  whoever knowingly and willfully gives false information to a law
   68  enforcement officer who is conducting a missing person
   69  investigation or a felony criminal investigation with the intent
   70  to mislead the officer or impede the investigation commits a
   71  misdemeanor of the first degree, punishable as provided in s.
   72  775.082 or s. 775.083.
   73         (2) A caregiver, as defined in s. 827.01, who knowingly and
   74  willfully gives false information to a law enforcement officer
   75  who is conducting a missing person investigation or a felony
   76  criminal investigation involving a minor child in his or her
   77  care with the intent to mislead the officer or impede the
   78  investigation commits a felony of the second degree, punishable
   79  as provided in s. 775.082, s. 775.083, or s. 775.084.
   80         Section 5. This act shall take effect July 1, 2012.