Bill Text: FL S7000 | 2020 | Regular Session | Introduced


Bill Title: Reporting Abuse, Abandonment, and Neglect

Spectrum: Partisan Bill (? 1-0)

Status: (Failed) 2020-03-14 - Died in Messages [S7000 Detail]

Download: Florida-2020-S7000-Introduced.html
       Florida Senate - 2020                                    SB 7000
       
       
        
       By the Committee on Children, Families, and Elder Affairs
       
       
       
       
       
       586-00997-20                                          20207000__
    1                        A bill to be entitled                      
    2         An act relating to reporting abuse, abandonment, and
    3         neglect; amending s. 39.01, F.S.; deleting the terms
    4         “juvenile sexual abuse” and “child who has exhibited
    5         inappropriate sexual behavior”; defining the term
    6         “child-on-child sexual abuse”; conforming cross
    7         references; creating s. 39.101, F.S.; relocating
    8         existing provisions relating to the central abuse
    9         hotline of the Department of Children and Families;
   10         providing additional requirements relating to the
   11         hotline; amending s. 39.201, F.S.; revising when a
   12         person is required to report to the central abuse
   13         hotline; requiring the department to conduct a child
   14         protective investigation under certain circumstances;
   15         requiring the department to notify certain persons and
   16         agencies when certain child protection investigations
   17         are initiated; providing requirements relating to such
   18         investigations; requiring animal control officers and
   19         certain agents to provide their names to hotline
   20         staff; requiring central abuse hotline counselors to
   21         advise reporters of certain information; requiring
   22         that counselors receive specified periodic training;
   23         revising requirements relating to reports of abuse
   24         involving impregnation of children; amending s.
   25         39.205, F.S.; providing penalties for the failure to
   26         report known or suspected child abuse, abandonment, or
   27         neglect; providing construction; specifying that
   28         certain persons are not relieved from the duty to
   29         report by notifying a supervisor; creating s. 39.208,
   30         F.S.; providing legislative findings and intent;
   31         providing responsibilities for child protective
   32         investigators relating to animal abuse and neglect;
   33         providing criminal, civil, and administrative immunity
   34         to certain persons; providing responsibilities for
   35         animal control officers relating to child abuse,
   36         abandonment, and neglect; providing criminal
   37         penalties; requiring the department to develop certain
   38         training in consultation with the Florida Animal
   39         Control Association which relates to child and animal
   40         abuse, abandonment, and neglect; requiring the
   41         department to adopt rules; amending s. 39.302, F.S.;
   42         conforming cross-references; authorizing certain
   43         persons to be represented by an attorney during
   44         institutional investigations and under certain
   45         circumstances; providing requirements relating to
   46         institutional investigations; amending s. 828.126,
   47         F.S.; providing a purpose; revising the definition of
   48         the term “sexual contact”; revising prohibitions
   49         relating to sexual conduct and sexual contact with an
   50         animal; revising criminal penalties; requiring a court
   51         to issue certain orders; amending s. 828.27, F.S.;
   52         requiring certain animal control officers to complete
   53         specified training; providing requirements for the
   54         training; amending s. 921.0022, F.S.; assigning
   55         offense severity rankings for sexual activities
   56         involving animals; amending s. 1006.061, F.S.;
   57         conforming provisions to changes made by the act;
   58         requiring the Department of Education to coordinate
   59         with the Department of Children and Families to
   60         develop, update, and publish certain notices; amending
   61         s. 1012.795, F.S.; requiring the Education Practices
   62         Commission to suspend the educator certificate of
   63         certain personnel and administrators for failing to
   64         report known or suspected child abuse; amending s.
   65         39.307, F.S.; conforming provisions to changes made by
   66         the act; amending ss. 39.202, 39.301, 39.521, 39.6012,
   67         322.09, 394.495, 627.746, 934.03, 934.255, and
   68         960.065, F.S.; conforming cross-references; providing
   69         an effective date.
   70          
   71  Be It Enacted by the Legislature of the State of Florida:
   72  
   73         Section 1. Present subsections (8) through (12) and (15)
   74  through (87) of section 39.01, Florida Statutes, are
   75  redesignated as subsections (7) through (11) and (14) through
   76  (86), respectively, a new subsection (12) is added to that
   77  section, and present subsections (7), (10), (14), and (37) of
   78  that section are amended, to read:
   79         39.01 Definitions.—When used in this chapter, unless the
   80  context otherwise requires:
   81         (7) “Juvenile sexual abuse” means any sexual behavior by a
   82  child which occurs without consent, without equality, or as a
   83  result of coercion. For purposes of this subsection, the
   84  following definitions apply:
   85         (a) “Coercion” means the exploitation of authority or the
   86  use of bribes, threats of force, or intimidation to gain
   87  cooperation or compliance.
   88         (b) “Equality” means two participants operating with the
   89  same level of power in a relationship, neither being controlled
   90  nor coerced by the other.
   91         (c) “Consent” means an agreement, including all of the
   92  following:
   93         1. Understanding what is proposed based on age, maturity,
   94  developmental level, functioning, and experience.
   95         2. Knowledge of societal standards for what is being
   96  proposed.
   97         3. Awareness of potential consequences and alternatives.
   98         4. Assumption that agreement or disagreement will be
   99  accepted equally.
  100         5. Voluntary decision.
  101         6. Mental competence.
  102  
  103  Juvenile sexual behavior ranges from noncontact sexual behavior
  104  such as making obscene phone calls, exhibitionism, voyeurism,
  105  and the showing or taking of lewd photographs to varying degrees
  106  of direct sexual contact, such as frottage, fondling, digital
  107  penetration, rape, fellatio, sodomy, and various other sexually
  108  aggressive acts.
  109         (9)(10) “Caregiver” means the parent, legal custodian,
  110  permanent guardian, adult household member, or other person
  111  responsible for a child’s welfare as defined in subsection (53)
  112  (54).
  113         (12)(a)“Child-on-child sexual abuse” means inappropriate
  114  sexual activity or behavior between children and without the
  115  direct involvement of an adult which:
  116         1. Is overt and deliberate;
  117         2. Is directed at sexual stimulation; and
  118         3.a. Occurs without consent or without equality mentally,
  119  physically, or in age; or
  120         b. Occurs as a result of physical or emotional coercion.
  121         (b)For purposes of this subsection, the following
  122  definitions apply:
  123         1. “Coercion” means the exploitation of authority or the
  124  use of bribes, threats of force, or intimidation to gain
  125  cooperation or compliance.
  126         2. “Consent” means an agreement including all of the
  127  following:
  128         a. Understanding of what is proposed which is based on age,
  129  maturity, and developmental level.
  130         b. Knowledge of societal standards for what is being
  131  proposed.
  132         c. Awareness of the potential consequences.
  133         d. Assumption that participation or nonparticipation will
  134  be accepted equally.
  135         e. Voluntariness of decisions made.
  136         f. Mental competence.
  137         3. “Equality” means two participants operating with the
  138  same level of power in a relationship, without one being
  139  controlled or coerced by the other.
  140  
  141  The term includes both noncontact sexual behavior, such as
  142  making obscene phone calls, exhibitionism, voyeurism, and the
  143  showing or taking of lewd photographs, and direct sexual
  144  contact, such as frottage, fondling, digital penetration, rape,
  145  fellatio, sodomy, and various other sexually aggressive acts.
  146  Child-on-child sexual abuse does not include normative sexual
  147  play or anatomical curiosity and exploration.
  148         (14) “Child who has exhibited inappropriate sexual
  149  behavior” means a child who has been found by the department or
  150  the court to have committed an inappropriate sexual act.
  151         (36)(37) “Institutional child abuse or neglect” means
  152  situations of known or suspected child abuse or neglect in which
  153  the person allegedly perpetrating the child abuse or neglect is
  154  an employee of a public or private school, public or private day
  155  care center, residential home, institution, facility, or agency
  156  or any other person at such institution responsible for the
  157  child’s welfare as defined in subsection (53) (54).
  158         Section 2. Section 39.101, Florida Statutes, is created to
  159  read:
  160         39.101 Central abuse hotline.—The central abuse hotline is
  161  the first step in the safety assessment and investigation
  162  process.
  163         (1)ESTABLISHMENT AND OPERATION.The department shall
  164  establish and maintain a central abuse hotline capable of
  165  receiving, 24 hours a day, 7 days a week, all reports of known
  166  or suspected child abuse, abandonment, or neglect and reports
  167  that a child is in need of supervision and care and has no
  168  parent, legal custodian, or responsible adult relative
  169  immediately known and available to provide supervision and care
  170  when such reports are made pursuant to s. 39.201. Reports may be
  171  made in writing, through a single statewide toll-free telephone
  172  number, or through electronic reporting. Any person may use any
  173  of these methods to make a report at any hour of the day or
  174  night, on any day of the week.
  175         (a) If it appears that the immediate safety or well-being
  176  of a child is endangered, that the family may flee or the child
  177  will be unavailable for purposes of conducting a child
  178  protective investigation, or that the facts otherwise so
  179  warrant, the department must commence an investigation
  180  immediately, regardless of the time of day or night.
  181         (b) In all other child abuse, abandonment, or neglect
  182  cases, a child protective investigation must be commenced within
  183  24 hours after receipt of the report.
  184         (2)GENERAL REQUIREMENTS.The central abuse hotline must be
  185  operated in such a manner as to enable the department to:
  186         (a)Accept reports for investigation when there is a
  187  reasonable cause to suspect that a child has been or is being
  188  abused or neglected or has been abandoned.
  189         (b) Determine whether the allegations made by the reporter
  190  require an immediate or a 24-hour response priority.
  191         (c) Immediately identify and locate prior reports or cases
  192  of child abuse, abandonment, or neglect through the use of the
  193  department’s automated tracking system.
  194         (d) Track critical steps in the investigative process to
  195  ensure compliance with all requirements for any report of abuse,
  196  abandonment, or neglect.
  197         (e) When appropriate, refer calls that do not allege the
  198  abuse, neglect, or abandonment of a child to other organizations
  199  that may better resolve the reporter’s concerns.
  200         (f) Serve as a resource for the evaluation, management, and
  201  planning of preventive and remedial services for children who
  202  have been subject to abuse, abandonment, or neglect.
  203         (g) Initiate and enter into agreements with other states
  204  for the purposes of gathering and sharing information contained
  205  in reports on child maltreatment to further enhance programs for
  206  the protection of children.
  207         (h)Promote public awareness of the central abuse hotline
  208  through community-based partner organizations and public service
  209  campaigns.
  210         (3)COLLECTION OF INFORMATION AND DATA.—The department
  211  shall:
  212         (a)Voice-record all incoming or outgoing calls that are
  213  received or placed by the central abuse hotline which relate to
  214  suspected or known child abuse, neglect, or abandonment. The
  215  department shall maintain an electronic copy of each electronic
  216  report. The recording or electronic copy of each electronic
  217  report must become a part of the record of the report but,
  218  notwithstanding s. 39.202, must be released in full only to law
  219  enforcement agencies and state attorneys for the purposes of
  220  investigating and prosecuting criminal charges pursuant to s.
  221  39.205, or to employees of the department for the purposes of
  222  investigating and seeking administrative penalties pursuant to
  223  s. 39.206. This paragraph does not prohibit hotline staff from
  224  using the recordings or the electronic reports for quality
  225  assurance or training.
  226         (b)Secure and install electronic equipment that
  227  automatically provides to the hotline the number from which the
  228  call or fax is placed or the Internet protocol address from
  229  which the report is received. This number shall be entered into
  230  the report of abuse, abandonment, or neglect and become a part
  231  of the record of the report, but shall enjoy the same
  232  confidentiality as provided to the identity of the reporter
  233  pursuant to s. 39.202.
  234         (c)1.Update the web form used for reporting child abuse,
  235  abandonment, or neglect to include qualifying questions in order
  236  to obtain necessary information required to assess need and a
  237  response.
  238         2. The report must be made available to the counselors in
  239  its entirety as needed to update the Florida Safe Families
  240  Network or other similar systems.
  241         (d) Monitor and evaluate the effectiveness of the reporting
  242  and investigating of suspected abuse, abandonment, or neglect of
  243  children through the development and analysis of statistical and
  244  other information.
  245         (e) Maintain and produce aggregate statistical reports
  246  monitoring patterns of child abuse, child abandonment, and child
  247  neglect. The department shall collect and analyze child-on-child
  248  sexual abuse reports and include such information in the
  249  aggregate statistical reports. The department shall collect and
  250  analyze, in separate statistical reports, those reports of child
  251  abuse and sexual abuse which are reported from or which occurred
  252  on school premises; on school transportation; at school
  253  sponsored off-campus events; at any school readiness program
  254  provider determined to be eligible under s. 1002.88; at a
  255  private prekindergarten provider or a public school
  256  prekindergarten provider, as those terms are defined in s.
  257  1002.51; at a public K-12 school as described in s. 1000.04; at
  258  a home education program or a private school, as those terms are
  259  defined in s. 1002.01; at a Florida College System institution
  260  or a state university, as those terms are defined in s. 1000.21;
  261  or at any school, as defined in s. 1005.02.
  262         (4)EMPLOYMENT SCREENING.Information received by the
  263  central abuse hotline may not be used for employment screening,
  264  except as provided in s. 39.202(2)(a) and (h) or s. 402.302(15).
  265         (a)Information in the central abuse hotline and the
  266  department’s automated abuse information system may be used by
  267  the department, its authorized agents or contract providers, the
  268  Department of Health, or county agencies as part of the
  269  licensure or registration process pursuant to ss. 402.301
  270  402.319 and ss. 409.175-409.176.
  271         (b)Information in the central abuse hotline may also be
  272  used by the Department of Education for purposes of educator
  273  certification discipline and review pursuant to s. 39.202(2)(q).
  274         (5) QUALITY ASSURANCE.—On an ongoing basis, the
  275  department’s quality assurance program shall review screened-out
  276  reports involving three or more unaccepted reports on a single
  277  child, where jurisdiction applies, in order to detect such
  278  things as harassment and situations that warrant an
  279  investigation because of the frequency of the reports or the
  280  variety of the sources of the reports. A component of the
  281  quality assurance program must analyze unaccepted reports to the
  282  hotline by identified relatives as a part of the review of
  283  screened-out calls. The Assistant Secretary for Child Welfare
  284  may refer a case for investigation when it is determined, as a
  285  result of such review, that an investigation may be warranted.
  286         Section 3. Section 39.201, Florida Statutes, is amended to
  287  read:
  288         (Substantial rewording of section. See
  289         s. 39.201, F.S., for present text.)
  290         39.201 Required reports of child abuse, abandonment,
  291  neglect, and child-on-child sexual abuse; required reports of
  292  death.—
  293         (1)REQUIRED REPORTING.—
  294         (a) Individuals required to report.Any person who knows,
  295  or has reasonable cause to suspect, that any of the following
  296  has occurred shall report such knowledge or suspicion to the
  297  central abuse hotline on the single statewide toll-free
  298  telephone number or by electronic report pursuant to s. 39.101:
  299         1.Child abuse, neglect, or abandonment by a parent or
  300  caregiver.A child is abused, abandoned, or neglected by a
  301  parent, legal custodian, caregiver, or other person responsible
  302  for the child’s welfare, or that a child is in need of
  303  supervision and care and has no parent, legal custodian, or
  304  responsible adult relative immediately known and available to
  305  provide supervision and care.
  306         a.Personnel at the department’s central abuse hotline
  307  shall determine if the report received meets the statutory
  308  definition of child abuse, abandonment, or neglect. Any report
  309  meeting one of these definitions must be accepted for protective
  310  investigation pursuant to part III of this chapter.
  311         b.Any call received from a parent or legal custodian
  312  seeking assistance for himself or herself which does not meet
  313  the criteria for being a report of child abuse, abandonment, or
  314  neglect may be accepted by the hotline for response to
  315  ameliorate a potential future risk of harm to a child.
  316         c.If it is determined by a child welfare professional that
  317  a need for community services exists, the department must refer
  318  the parent or legal custodian for appropriate voluntary
  319  community services.
  320         2.Child abuse by a noncaregiver.A child is abused by an
  321  adult other than a parent, legal custodian, caregiver, or other
  322  person responsible for the child’s welfare. Such reports must be
  323  immediately electronically transferred to the appropriate county
  324  sheriff’s office by the central abuse hotline.
  325         3.Child-on-child sexual abuse.—A child, including a child
  326  who is in the custody of, or under the protective supervision
  327  of, the department is the victim of child-on-child sexual abuse.
  328         a.The department shall conduct an assessment, assist the
  329  family in receiving appropriate services pursuant to s. 39.307,
  330  and send a written report of the allegation to the appropriate
  331  county sheriff’s office within 48 hours after the initial report
  332  is made to the central abuse hotline.
  333         b. The department shall ensure that the facts and results
  334  of any investigation of child-on-child sexual abuse involving a
  335  child in the custody of, or under the protective supervision of,
  336  the department are made known to the court at the next hearing
  337  or included in the next report to the court concerning the
  338  child.
  339         c. In addition to conducting an assessment and assisting
  340  the family in receiving appropriate services, the department
  341  shall conduct a child protective investigation of child-on-child
  342  sexual abuse that occurs on school premises; on school
  343  transportation; at school-sponsored off-campus events; at a
  344  public or private school readiness or prekindergarten program;
  345  at a public K-12 school; or at a home education program or a
  346  private school. Upon receipt of a report that alleges that a
  347  student has been the victim of an act of child-on-child sexual
  348  abuse perpetrated by another student or students, the department
  349  shall initiate a child protective investigation within the
  350  timeframes established under s. 39.101(1) and notify the
  351  Department of Education; the law enforcement agency having
  352  jurisdiction over the municipality or county in which the school
  353  is located; and, as appropriate, the superintendent of the
  354  school district where the school is located, the administrative
  355  officer of the private school, or the owner of the private
  356  school readiness or prekindergarten provider. The protective
  357  investigation must include an interview with the child’s parent
  358  or legal guardian. The department shall make a full written
  359  report to the law enforcement agency within 3 working days after
  360  making the oral report. Whenever possible, any criminal
  361  investigation must be coordinated with the department’s child
  362  protective investigation. Any interested person who has
  363  information regarding such abuse may forward a statement to the
  364  department.
  365         (b)Individuals required to provide their name when
  366  reporting.While all individuals are required to report, and
  367  members of the general public may report anonymously if they
  368  choose, reporters in the following occupational categories are
  369  required to provide his or her name to the central abuse hotline
  370  staff:
  371         1. Physician, osteopathic physician, medical examiner,
  372  chiropractic physician, nurse, or hospital personnel engaged in
  373  the admission, examination, care, or treatment of persons;
  374         2. Health professional or mental health professional other
  375  than ones listed in subparagraph 1.;
  376         3. Practitioner who relies solely on spiritual means for
  377  healing;
  378         4. School teacher or other school official or personnel;
  379         5. Social worker, day care center worker, or other
  380  professional child care worker, foster care worker, residential
  381  worker, or institutional worker;
  382         6. Law enforcement officer;
  383         7. Judge; or
  384         8.Animal control officer as defined in s. 828.27 or agents
  385  appointed under s. 828.03.
  386         (c)Confidentiality of reporter names.—Central abuse
  387  hotline counselors shall advise reporters that, while their
  388  names must be entered into the record of the report, the names
  389  of reporters are held confidential and exempt as provided in s.
  390  39.202. Counselors must receive periodic training in encouraging
  391  all reporters to provide their names when making a report.
  392         (2)ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.
  393         (a)Abuse occurring out of state.If a report is of an
  394  instance of known or suspected child abuse, abandonment, or
  395  neglect which occurred out of state and the alleged perpetrator
  396  and the child alleged to be a victim are living out of state,
  397  the central abuse hotline may not accept the report or call for
  398  investigation unless the child is currently being evaluated in a
  399  medical facility in this state.
  400         1.If the child is currently being evaluated in a medical
  401  facility in this state, the central abuse hotline shall accept
  402  the report or call for investigation and shall transfer the
  403  information on the report or call to the appropriate state or
  404  country.
  405         2.If the child is not currently being evaluated in a
  406  medical facility in this state, the central abuse hotline shall
  407  transfer the information on the report or call to the
  408  appropriate state or county.
  409         (b)Abuse reports received from emergency room physicians.
  410  The department must initiate an investigation when it receives a
  411  report from an emergency room physician.
  412         (c)Abuse involving impregnation of a child.If the report
  413  is of an instance of known or suspected child abuse involving
  414  impregnation of a child under 16 years of age by a person 21
  415  years of age or older solely under s. 827.04(3), and such person
  416  is not a caregiver, the report must be immediately
  417  electronically transferred to the appropriate county sheriff’s
  418  office by the central abuse hotline.
  419         (d)Institutional child abuse or neglect.—Reports involving
  420  known or suspected institutional child abuse or neglect, as
  421  defined in s. 39.01, must be made and received in the same
  422  manner as all other reports made pursuant to this section.
  423         (e)Surrendered newborn infants.Reports involving
  424  surrendered newborn infants as described in s. 383.50 must be
  425  made and received by the department.
  426         1. If the report is of a surrendered newborn infant as
  427  described in s. 383.50 and there is no indication of abuse,
  428  neglect, or abandonment other than that necessarily entailed in
  429  the infant having been left at a hospital, emergency medical
  430  services station, or fire station, the department shall provide
  431  to the caller the name of a licensed child-placing agency on a
  432  rotating basis from a list of licensed child-placing agencies
  433  eligible and required to accept physical custody of and to place
  434  newborn infants left at a hospital, emergency medical services
  435  station, or fire station. The report may not be considered a
  436  report of abuse, neglect, or abandonment solely because the
  437  infant has been left at a hospital, emergency medical services
  438  station, or fire station pursuant to s. 383.50.
  439         2. If the report includes indications of abuse or neglect
  440  beyond that necessarily entailed in the infant having been left
  441  at a hospital, emergency medical services station, or fire
  442  station, the report must be considered as a report of abuse,
  443  neglect, or abandonment and must be subject to the requirements
  444  of s. 39.395 and all other relevant provisions of this chapter,
  445  notwithstanding chapter 383.
  446         (3)EXCEPTIONS TO REPORTING.—
  447         (a) An additional report of child abuse, abandonment, or
  448  neglect does not have to be made by:
  449         1.A professional who is hired by or who enters into a
  450  contract with the department for the purpose of treating or
  451  counseling any person as a result of a report of child abuse,
  452  abandonment, or neglect if such person was the subject of the
  453  referral for treatment.
  454         2.An officer or employee of the judicial branch when the
  455  child is currently being investigated by the department, when
  456  there is an existing dependency case, or when the matter has
  457  previously been reported to the department, if there is
  458  reasonable cause to believe that the information is already
  459  known to the department. This subparagraph applies only when the
  460  information has been provided to the officer or employee in the
  461  course of carrying out his or her official duties.
  462         3.An officer or employee of a law enforcement agency when
  463  the incident under investigation by the law enforcement agency
  464  was reported to law enforcement by the central abuse hotline
  465  through the electronic transfer of the report or call. The
  466  department’s central abuse hotline is not required to
  467  electronically transfer calls and reports received pursuant to
  468  paragraph (2)(b) to the county sheriff’s office if the matter
  469  was initially reported to the department by the county sheriff’s
  470  office or by another law enforcement agency. This subparagraph
  471  applies only when the information related to the alleged child
  472  abuse has been provided to the officer or employee of a law
  473  enforcement agency or central abuse hotline employee in the
  474  course of carrying out his or her official duties.
  475         (b) Nothing in this chapter or in the contracting with
  476  community-based care providers for foster care and related
  477  services as specified in s. 409.987 may be construed to remove
  478  or reduce the duty and responsibility of any person, including
  479  any employee of the community-based care provider, to report a
  480  suspected or actual case of child abuse, abandonment, or neglect
  481  or the sexual abuse of a child to the department’s central abuse
  482  hotline.
  483         (4) MANDATORY REPORTS OF A CHILD DEATH.Any person required
  484  to report or investigate cases of suspected child abuse,
  485  abandonment, or neglect who has reasonable cause to suspect that
  486  a child died as a result of child abuse, abandonment, or neglect
  487  shall report his or her suspicion to the appropriate medical
  488  examiner. The medical examiner shall accept the report for
  489  investigation and shall report his or her findings, in writing,
  490  to the local law enforcement agency, the appropriate state
  491  attorney, and the department. Autopsy reports maintained by the
  492  medical examiner are not subject to the confidentiality
  493  requirements provided for in s. 39.202.
  494         Section 4. Present subsections (3) through (10) of section
  495  39.205, Florida Statutes, are redesignated as subsections (4)
  496  through (11), respectively, new subsection (3) and subsection
  497  (12) are added to that section, and present subsections (1),
  498  (3), (4), and (5) of that section are amended, to read:
  499         39.205 Penalties relating to reporting of child abuse,
  500  abandonment, or neglect.—
  501         (1) A person who is required to report known or suspected
  502  child abuse, abandonment, or neglect and who knowingly and
  503  willfully fails to report known or suspected child abuse,
  504  abandonment, or neglect do so, or who knowingly and willfully
  505  prevents another person from doing so, commits a felony of the
  506  third degree, punishable as provided in s. 775.082, s. 775.083,
  507  or s. 775.084. A judge subject to discipline pursuant to s. 12,
  508  Art. V of the Florida Constitution shall not be subject to
  509  criminal prosecution when the information was received in the
  510  course of official duties.
  511         (3)Any school readiness program provider determined to be
  512  eligible under s. 1002.88; private prekindergarten provider or
  513  public school prekindergarten provider, as those terms are
  514  defined in s. 1002.51; public K-12 school as described in s.
  515  1000.04; home education program as defined in s. 1002.01; or
  516  private school as defined in s. 1002.01; that accepts
  517  scholarship students who participate in a state scholarship
  518  program under chapter 1002, whose employees knowingly and
  519  willingly fail to report known or suspected child abuse,
  520  abandonment, or neglect to the central abuse hotline pursuant to
  521  this chapter, is subject to a penalty for each such failure.
  522         (a)An early learning coalition may suspend or terminate a
  523  provider from participating in the school readiness program or
  524  Voluntary Prekindergarten Education Program if an employee of
  525  the provider fails to report known or suspected child abuse,
  526  abandonment, or neglect.
  527         (b)If the State Board of Education determines that
  528  policies of the district school board regarding reporting known
  529  or suspected child abuse, abandonment, or neglect by school
  530  employees do not comply with statute or state board rule, the
  531  state board may enforce compliance pursuant to s. 1008.32.
  532         (c)The Department of Education may prohibit a private
  533  school whose employees fail to report known or suspected child
  534  abuse, abandonment, or neglect from enrolling new students in a
  535  state scholarship program under chapter 1002 for 1 fiscal year.
  536  If employees at a private school knew of, should have known of,
  537  or suspected child abuse, abandonment, or neglect in two or more
  538  instances, the Commissioner of Education may determine that the
  539  private school is ineligible to participate in scholarship
  540  programs.
  541         (4)(3) Any Florida College System institution, state
  542  university, or nonpublic college, university, or school, as
  543  defined in s. 1000.21 or s. 1005.02, whose administrators
  544  knowingly and willfully, upon receiving information from
  545  faculty, staff, or other institution employees, knowingly and
  546  willfully fail to report to the central abuse hotline pursuant
  547  to this chapter known or suspected child abuse, abandonment, or
  548  neglect committed on the property of the university, college, or
  549  school, or during an event or function sponsored by the
  550  university, college, or school, or who knowingly and willfully
  551  prevent another person from doing so, shall be subject to fines
  552  of $1 million for each such failure.
  553         (a) A Florida College System institution subject to a fine
  554  shall be assessed by the State Board of Education.
  555         (b) A state university subject to a fine shall be assessed
  556  by the Board of Governors.
  557         (c) A nonpublic college, university, or school subject to a
  558  fine shall be assessed by the Commission for Independent
  559  Education.
  560         (5)(4) Any Florida College System institution, state
  561  university, or nonpublic college, university, or school, as
  562  defined in s. 1000.21 or s. 1005.02, whose law enforcement
  563  agency fails to report to the central abuse hotline pursuant to
  564  this chapter known or suspected child abuse, abandonment, or
  565  neglect committed on the property of the university, college, or
  566  school, or during an event or function sponsored by the
  567  university, college, or school, shall be subject to fines of $1
  568  million for each such failure, assessed in the same manner as
  569  specified in subsection (4) (3).
  570         (5) Any Florida College System institution, state
  571  university, or nonpublic college, university, or school, as
  572  defined in s. 1000.21 or s. 1005.02, shall have the right to
  573  challenge the determination that the institution acted knowingly
  574  and willfully under subsection (4) (3) or subsection (5) (4) in
  575  an administrative hearing pursuant to s. 120.57; however, if it
  576  is found that actual knowledge and information of known or
  577  suspected child abuse was in fact received by the institution’s
  578  administrators and was not reported, a presumption of a knowing
  579  and willful act will be established.
  580         (12)This section may not be construed to remove or reduce
  581  the requirement of any person, including any employee of a
  582  school readiness program provider determined to be eligible
  583  under s. 1002.88; a private prekindergarten provider or a public
  584  school prekindergarten provider, as those terms are defined in
  585  s. 1002.51; a public K-12 school as described in s. 1000.04; a
  586  home education program or a private school, as those terms are
  587  defined in s. 1002.01; a Florida College System institution or a
  588  state university, as those terms are defined in s. 1000.21; a
  589  college as defined in s. 1005.02; or a school as defined in s.
  590  1005.02; to directly report a suspected or actual case of child
  591  abuse, abandonment, or neglect or the sexual abuse of a child to
  592  the department’s central abuse hotline pursuant to this chapter.
  593  A person required to report to the central abuse hotline is not
  594  relieved of the obligation by notifying his or her supervisor.
  595         Section 5. Section 39.208, Florida Statutes, is created to
  596  read:
  597         39.208 Cross-reporting child and animal abuse and neglect.—
  598         (1) LEGISLATIVE FINDINGS AND INTENT.
  599         (a)The Legislature recognizes that animal abuse of any
  600  kind is a type of interpersonal violence and often co-occurs
  601  with child abuse and other forms of family violence, including
  602  elder abuse and domestic violence. Early identification of
  603  animal abuse is another important tool in safeguarding children
  604  from abuse and neglect, providing needed support to families,
  605  and protecting animals.
  606         (b)The Legislature finds that education and training for
  607  child protective investigators and animal care and control
  608  personnel should include information on the link between the
  609  welfare of animals in the family and child safety and
  610  protection.
  611         (c)Therefore, it is the intent of the Legislature to
  612  require reporting and cross-reporting protocols and
  613  collaborative training between child protective services and
  614  animal control services personnel to help protect the safety and
  615  well-being of children, their families, and their animals.
  616         (2) RESPONSIBILITIES OF CHILD PROTECTIVE INVESTIGATORS.Any
  617  person who is required to investigate child abuse, abandonment,
  618  or neglect under this chapter and who, while acting in his or
  619  her professional capacity or within the scope of employment,
  620  knows or has reasonable cause to suspect that abuse, neglect, or
  621  abandonment of an animal has occurred at the same address shall
  622  report such knowledge or suspicion within 72 hours to his or her
  623  supervisor for submission to a local animal control agency.
  624         (a) The report must include all of the following
  625  information:
  626         1. A description of the animal and of the animal abuse or
  627  neglect.
  628         2. The name and address of the animal’s owner or keeper, if
  629  that information is available to the child protective
  630  investigator.
  631         3. Any other information available to the child protective
  632  investigator which might assist an animal control officer or law
  633  enforcement officer in establishing the cause of the animal
  634  abuse or neglect and the manner in which it occurred.
  635         (b) A child protective investigator who makes a report
  636  under this section is presumed to have acted in good faith. An
  637  investigator acting in good faith who makes a report under this
  638  section or who cooperates in an investigation of suspected
  639  animal abuse or neglect is immune from any civil or criminal
  640  liability or administrative penalty or sanction that might
  641  otherwise be incurred in connection with making the report or
  642  otherwise cooperating.
  643         (3) RESPONSIBILITIES OF ANIMAL CONTROL OFFICERS.Any
  644  individual who knows or has reasonable cause to suspect that a
  645  child is abused, abandoned, or neglected by a parent, legal
  646  custodian, caregiver, or other person responsible for the
  647  child’s welfare or that a child is in need of supervision and
  648  care and does not have a parent, a legal custodian, or a
  649  responsible adult relative immediately known and available to
  650  provide supervision and care to that child shall immediately
  651  report such knowledge or suspicion to the department’s central
  652  abuse hotline.
  653         (4)PENALTIES.
  654         (a)A child protective investigator who is required to
  655  report known or suspected abuse, neglect, cruelty, or
  656  abandonment of an animal and who knowingly and willfully fails
  657  to do so commits a misdemeanor of the second degree, punishable
  658  as provided in s. 775.082 or s. 775.083.
  659         (b)An animal control officer who fails to report an
  660  incident of known or suspected child abuse or neglect, as
  661  required by s. 39.201, commits a felony of the third degree,
  662  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  663         (5) TRAINING.The department, in consultation with the
  664  Florida Animal Control Association, shall develop or adapt and
  665  use already available training materials into a 1-hour training
  666  for all child protective investigators and animal control
  667  officers who are required to investigate child abuse and neglect
  668  or animal abuse and neglect on the accurate and timely
  669  identification and reporting of child and animal abuse and
  670  neglect and the interconnectedness of such abuse and neglect.
  671  The department shall incorporate training on the identification
  672  of harm to and neglect of animals and the relationship of such
  673  activities to child welfare case practice into required training
  674  for child protective investigators.
  675         (6)RULEMAKING.—The department shall adopt rules to
  676  implement this section, including rules establishing protocols
  677  for transmitting to local animal control agencies the addresses
  678  where known or suspected animal abuse has been observed by a
  679  child protective investigator acting in his or her professional
  680  capacity.
  681         Section 6. Subsections (1) and (2) of section 39.302,
  682  Florida Statutes, are amended to read:
  683         39.302 Protective investigations of institutional child
  684  abuse, abandonment, or neglect.—
  685         (1) The department shall conduct a child protective
  686  investigation of each report of institutional child abuse,
  687  abandonment, or neglect. Upon receipt of a report that alleges
  688  that an employee or agent of the department, or any other entity
  689  or person covered by s. 39.01(36) or (53) s. 39.01(37) or (54),
  690  acting in an official capacity, has committed an act of child
  691  abuse, abandonment, or neglect, the department shall initiate a
  692  child protective investigation within the timeframe established
  693  under s. 39.101(1) s. 39.201(5) and notify the appropriate state
  694  attorney, law enforcement agency, and licensing agency, which
  695  shall immediately conduct a joint investigation, unless
  696  independent investigations are more feasible. When conducting
  697  investigations or having face-to-face interviews with the child,
  698  investigation visits shall be unannounced unless it is
  699  determined by the department or its agent that unannounced
  700  visits threaten the safety of the child. If a facility is exempt
  701  from licensing, the department shall inform the owner or
  702  operator of the facility of the report. Each agency conducting a
  703  joint investigation is entitled to full access to the
  704  information gathered by the department in the course of the
  705  investigation. A protective investigation must include an
  706  interview with the child’s parent or legal guardian. The
  707  department shall make a full written report to the state
  708  attorney within 3 working days after making the oral report. A
  709  criminal investigation shall be coordinated, whenever possible,
  710  with the child protective investigation of the department. Any
  711  interested person who has information regarding the offenses
  712  described in this subsection may forward a statement to the
  713  state attorney as to whether prosecution is warranted and
  714  appropriate. Within 15 days after the completion of the
  715  investigation, the state attorney shall report the findings to
  716  the department and shall include in the report a determination
  717  of whether or not prosecution is justified and appropriate in
  718  view of the circumstances of the specific case.
  719         (2)(a) If in the course of the child protective
  720  investigation, the department finds that a subject of a report,
  721  by continued contact with children in care, constitutes a
  722  threatened harm to the physical health, mental health, or
  723  welfare of the children, the department may restrict a subject’s
  724  access to the children pending the outcome of the investigation.
  725  The department or its agent shall employ the least restrictive
  726  means necessary to safeguard the physical health, mental health,
  727  and welfare of the children in care. This authority shall apply
  728  only to child protective investigations in which there is some
  729  evidence that child abuse, abandonment, or neglect has occurred.
  730  A subject of a report whose access to children in care has been
  731  restricted is entitled to petition the circuit court for
  732  judicial review. The court shall enter written findings of fact
  733  based upon the preponderance of evidence that child abuse,
  734  abandonment, or neglect did occur and that the department’s
  735  restrictive action against a subject of the report was justified
  736  in order to safeguard the physical health, mental health, and
  737  welfare of the children in care. The restrictive action of the
  738  department shall be effective for no more than 90 days without a
  739  judicial finding supporting the actions of the department.
  740         (b)In an institutional investigation, the alleged
  741  perpetrator may be represented by an attorney, at his or her own
  742  expense, or may be accompanied by another person, if the
  743  attorney or the person executes an affidavit of understanding
  744  with the department and agrees to comply with the
  745  confidentiality requirements under s. 39.202. The absence of an
  746  attorney or an accompanying person does not prevent the
  747  department from proceeding with other aspects of the
  748  investigation, including interviews with other persons. In
  749  institutional child abuse cases when the institution is not
  750  operational and the child cannot otherwise be located, the
  751  investigation must commence immediately upon the resumption of
  752  operation. If requested by a state attorney or local law
  753  enforcement agency, the department shall furnish all
  754  investigative reports to such state attorney or agency.
  755         (c)(b) Upon completion of the department’s child protective
  756  investigation, the department may make application to the
  757  circuit court for continued restrictive action against any
  758  person necessary to safeguard the physical health, mental
  759  health, and welfare of the children in care.
  760         Section 7. Section 828.126, Florida Statutes, is amended to
  761  read:
  762         828.126 Sexual activities involving animals.—The
  763  Legislature recognizes that animal abuse of any kind is a type
  764  of interpersonal violence and often co-occurs with child abuse
  765  and other forms of family violence, including elder abuse and
  766  domestic violence, and that early identification of animal
  767  abuse, including animal sexual abuse, serves the purpose of
  768  providing another important tool to safeguard children from
  769  abuse and neglect, to provide needed support to families, and to
  770  protect animals.
  771         (1) As used in this section, the term:
  772         (a) “Sexual conduct” means any touching or fondling by a
  773  person, either directly or through clothing, of the sex organs
  774  or anus of an animal or any transfer or transmission of semen by
  775  the person upon any part of the animal for the purpose of sexual
  776  gratification or arousal of the person.
  777         (b) “Sexual contact” means any contact, however slight,
  778  between the mouth, sex organ, or anus of a person and the sex
  779  organ or anus of an animal, or any penetration, however slight,
  780  of any part of the body of the person into the sex organ or anus
  781  of an animal, or the insertion of any part of the animal’s body
  782  into the vaginal or anal opening of the person any penetration
  783  of the sex organ or anus of the person into the mouth of the
  784  animal, for the purpose of sexual gratification or sexual
  785  arousal of the person.
  786         (2) A person may not:
  787         (a) Knowingly engage in any sexual conduct or sexual
  788  contact with an animal;
  789         (b) Knowingly cause, aid, or abet another person to engage
  790  in any sexual conduct or sexual contact with an animal;
  791         (c) Knowingly permit any sexual conduct or sexual contact
  792  with an animal to be conducted on any premises under his or her
  793  charge or control; or
  794         (d) Knowingly organize, promote, conduct, advertise, aid,
  795  abet, participate in as an observer, or perform any service in
  796  the furtherance of an act involving any sexual conduct or sexual
  797  contact with an animal for a commercial or recreational purpose.
  798         (3) A person who violates this section commits a felony of
  799  the third misdemeanor of the first degree, punishable as
  800  provided in s. 775.082, or s. 775.083, or s. 775.084.
  801         (4)In addition to other penalties prescribed by law, the
  802  court shall issue an order prohibiting a person convicted under
  803  this section from harboring, owning, possessing, or exercising
  804  control over any animal; from residing in any household where
  805  animals are present; and from engaging in an occupation, whether
  806  paid or unpaid, or participating in a volunteer position at any
  807  establishment where animals are present. The order may be
  808  effective for the length of time the court deems reasonable, but
  809  must be effective for at least 5 years after the convicted
  810  person’s release from custody.
  811         (5)(4) This section does not apply to accepted animal
  812  husbandry practices, conformation judging practices, or accepted
  813  veterinary medical practices.
  814         Section 8. Paragraph (a) of subsection (4) of section
  815  828.27, Florida Statutes, is amended to read:
  816         828.27 Local animal control or cruelty ordinances;
  817  penalty.—
  818         (4)(a)1. County-employed animal control officers must, and
  819  municipally employed animal control officers may, successfully
  820  complete a 40-hour minimum standards training course. Such
  821  course must include, but is not limited to, training for: animal
  822  cruelty investigations, search and seizure, animal handling,
  823  courtroom demeanor, and civil citations. The course curriculum
  824  must be approved by the Florida Animal Control Association. An
  825  animal control officer who successfully completes such course
  826  shall be issued a certificate indicating that he or she has
  827  received a passing grade.
  828         2.County-employed and municipally employed animal control
  829  officers must successfully complete the 1-hour training course
  830  developed by the Department of Children and Families and the
  831  Florida Animal Control Association pursuant to s. 39.208(5).
  832  Animal control officers must be provided with opportunities to
  833  attend the training during their normal work hours. The training
  834  must advise them that failure to report an incident of known or
  835  suspected child abuse, abandonment, or neglect, as required by
  836  s. 39.201, is a felony of the third degree, punishable as
  837  provided in s. 775.082, s. 775.083, or s. 775.084.
  838         3.2. Any animal control officer who is authorized before
  839  January 1, 1990, by a county or municipality to issue citations
  840  is not required to complete the minimum standards training
  841  course.
  842         4.3. In order to maintain valid certification, every 2
  843  years each certified animal control officer must complete 4
  844  hours of postcertification continuing education training. Such
  845  training may include, but is not limited to, training for:
  846  animal cruelty investigations, search and seizure, animal
  847  handling, courtroom demeanor, and civil citations.
  848         Section 9. Paragraph (f) of subsection (3) of section
  849  921.0022, Florida Statutes, is amended to read:
  850         921.0022 Criminal Punishment Code; offense severity ranking
  851  chart.—
  852         (3) OFFENSE SEVERITY RANKING CHART
  853         (f) LEVEL 6
  854  
  855  FloridaStatute              FelonyDegree        Description        
  856  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
  857  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
  858  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
  859  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
  860  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
  861  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
  862  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
  863  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
  864  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
  865  784.041                          3rd     Felony battery; domestic battery by strangulation.
  866  784.048(3)                       3rd     Aggravated stalking; credible threat.
  867  784.048(5)                       3rd     Aggravated stalking of person under 16.
  868  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
  869  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
  870  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
  871  784.081(2)                       2nd     Aggravated assault on specified official or employee.
  872  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
  873  784.083(2)                       2nd     Aggravated assault on code inspector.
  874  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
  875  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
  876  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  877  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
  878  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  879  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
  880  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
  881  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
  882  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
  883  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
  884  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
  885  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
  886  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  887  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
  888  812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
  889  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  890  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
  891  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
  892  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
  893  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
  894  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
  895  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
  896  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  897  827.03(2)(c)                     3rd     Abuse of a child.         
  898  827.03(2)(d)                     3rd     Neglect of a child.       
  899  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
  900  828.126                          3rd     Sexual activities involving animals.
  901  836.05                           2nd     Threats; extortion.       
  902  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  903  843.12                           3rd     Aids or assists person to escape.
  904  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  905  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
  906  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  907  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
  908  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  909  944.40                           2nd     Escapes.                  
  910  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
  911  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  912  951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
  913         Section 10. Section 1006.061, Florida Statutes, is amended
  914  to read:
  915         1006.061 Child abuse, abandonment, and neglect policy;
  916  sexual abuse of a child policy; and child-on-child sexual abuse
  917  policy.—Each district school board, charter school, and private
  918  school that accepts scholarship students who participate in a
  919  state scholarship program under chapter 1002 shall:
  920         (1) Post in a prominent place in each school a notice that,
  921  pursuant to chapter 39, all employees and agents of the district
  922  school board, charter school, or private school have an
  923  affirmative duty to report all actual or suspected cases of
  924  child abuse, abandonment, or neglect, or child-on-child sexual
  925  abuse; have immunity from liability if they report such cases in
  926  good faith; and have a duty to comply with child protective
  927  investigations and all other provisions of law relating to child
  928  abuse, abandonment, and neglect and child-on-child sexual abuse.
  929  The notice shall also include the statewide toll-free telephone
  930  number of the central abuse hotline.
  931         (2) Post in a prominent place at each school site and on
  932  each school’s Internet website, if available, the policies and
  933  procedures for reporting alleged misconduct by instructional
  934  personnel or school administrators which affects the health,
  935  safety, or welfare of a student; the contact person to whom the
  936  report is made; and the penalties imposed on instructional
  937  personnel or school administrators who fail to report suspected
  938  or actual child abuse or alleged misconduct by other
  939  instructional personnel or school administrators.
  940         (3) Require the principal of the charter school or private
  941  school, or the district school superintendent, or the
  942  superintendent’s designee, at the request of the Department of
  943  Children and Families, to act as a liaison to the Department of
  944  Children and Families and the Child Protection Team, as defined
  945  in s. 39.01, when in a case of suspected child abuse,
  946  abandonment, or neglect or an unlawful sexual offense involving
  947  a child the case is referred to such a team; except that this
  948  does not relieve or restrict the Department of Children and
  949  Families from discharging its duty and responsibility under the
  950  law to investigate and report every suspected or actual case of
  951  child abuse, abandonment, or neglect or unlawful sexual offense
  952  involving a child.
  953         (4)(a) Post in a prominent place in a clearly visible
  954  location and public area of the school which is readily
  955  accessible to and widely used by students a sign in English and
  956  Spanish that contains:
  957         1. The statewide toll-free telephone number of the central
  958  abuse hotline as provided in chapter 39;
  959         2. Instructions to call 911 for emergencies; and
  960         3. Directions for accessing the Department of Children and
  961  Families Internet website for more information on reporting
  962  abuse, abandonment, or neglect, and child-on-child sexual abuse
  963  exploitation.
  964         (b) The information in paragraph (a) must be put on at
  965  least one poster in each school, on a sheet that measures at
  966  least 11 inches by 17 inches, produced in large print, and
  967  placed at student eye level for easy viewing.
  968  
  969  The Department of Education shall coordinate with the Department
  970  of Children and Families to develop, update annually when
  971  necessary, and publish on the Department of Education’s
  972  department’s Internet website, sample notices suitable for
  973  posting in accordance with subsections (1), (2), and (4).
  974         Section 11. Present subsections (2) through (6) of section
  975  1012.795, Florida Statutes, are redesignated as subsections (3)
  976  through (7), respectively, a new subsection (2) is added to that
  977  section, and subsection (1) of that section is republished, to
  978  read:
  979         1012.795 Education Practices Commission; authority to
  980  discipline.—
  981         (1) The Education Practices Commission may suspend the
  982  educator certificate of any instructional personnel or school
  983  administrator, as defined in s. 1012.01(2) or (3), for up to 5
  984  years, thereby denying that person the right to teach or
  985  otherwise be employed by a district school board or public
  986  school in any capacity requiring direct contact with students
  987  for that period of time, after which the person may return to
  988  teaching as provided in subsection (5) (4); may revoke the
  989  educator certificate of any person, thereby denying that person
  990  the right to teach or otherwise be employed by a district school
  991  board or public school in any capacity requiring direct contact
  992  with students for up to 10 years, with reinstatement subject to
  993  subsection (5) (4); may permanently revoke the educator
  994  certificate of any person thereby denying that person the right
  995  to teach or otherwise be employed by a district school board or
  996  public school in any capacity requiring direct contact with
  997  students; may suspend a person’s educator certificate, upon an
  998  order of the court or notice by the Department of Revenue
  999  relating to the payment of child support; or may impose any
 1000  other penalty provided by law, if the person:
 1001         (a) Obtained or attempted to obtain an educator certificate
 1002  by fraudulent means.
 1003         (b) Knowingly failed to report actual or suspected child
 1004  abuse as required in s. 1006.061 or report alleged misconduct by
 1005  instructional personnel or school administrators which affects
 1006  the health, safety, or welfare of a student as required in s.
 1007  1012.796.
 1008         (c) Has proved to be incompetent to teach or to perform
 1009  duties as an employee of the public school system or to teach in
 1010  or to operate a private school.
 1011         (d) Has been guilty of gross immorality or an act involving
 1012  moral turpitude as defined by rule of the State Board of
 1013  Education, including engaging in or soliciting sexual, romantic,
 1014  or lewd conduct with a student or minor.
 1015         (e) Has had an educator certificate or other professional
 1016  license sanctioned by this or any other state or has had the
 1017  authority to practice the regulated profession revoked,
 1018  suspended, or otherwise acted against, including a denial of
 1019  certification or licensure, by the licensing or certifying
 1020  authority of any jurisdiction, including its agencies and
 1021  subdivisions. The licensing or certifying authority’s acceptance
 1022  of a relinquishment, stipulation, consent order, or other
 1023  settlement offered in response to or in anticipation of the
 1024  filing of charges against the licensee or certificateholder
 1025  shall be construed as action against the license or certificate.
 1026  For purposes of this section, a sanction or action against a
 1027  professional license, a certificate, or an authority to practice
 1028  a regulated profession must relate to being an educator or the
 1029  fitness of or ability to be an educator.
 1030         (f) Has been convicted or found guilty of, has had
 1031  adjudication withheld for, or has pled guilty or nolo contendere
 1032  to a misdemeanor, felony, or any other criminal charge, other
 1033  than a minor traffic violation.
 1034         (g) Upon investigation, has been found guilty of personal
 1035  conduct that seriously reduces that person’s effectiveness as an
 1036  employee of the district school board.
 1037         (h) Has breached a contract, as provided in s. 1012.33(2)
 1038  or s. 1012.335.
 1039         (i) Has been the subject of a court order or notice by the
 1040  Department of Revenue pursuant to s. 409.2598 directing the
 1041  Education Practices Commission to suspend the certificate as a
 1042  result of noncompliance with a child support order, a subpoena,
 1043  an order to show cause, or a written agreement with the
 1044  Department of Revenue.
 1045         (j) Has violated the Principles of Professional Conduct for
 1046  the Education Profession prescribed by State Board of Education
 1047  rules.
 1048         (k) Has otherwise violated the provisions of law, the
 1049  penalty for which is the revocation of the educator certificate.
 1050         (l) Has violated any order of the Education Practices
 1051  Commission.
 1052         (m) Has been the subject of a court order or plea agreement
 1053  in any jurisdiction which requires the certificateholder to
 1054  surrender or otherwise relinquish his or her educator’s
 1055  certificate. A surrender or relinquishment shall be for
 1056  permanent revocation of the certificate. A person may not
 1057  surrender or otherwise relinquish his or her certificate prior
 1058  to a finding of probable cause by the commissioner as provided
 1059  in s. 1012.796.
 1060         (n) Has been disqualified from educator certification under
 1061  s. 1012.315.
 1062         (o) Has committed a third recruiting offense as determined
 1063  by the Florida High School Athletic Association (FHSAA) pursuant
 1064  to s. 1006.20(2)(b).
 1065         (p) Has violated test security as provided in s. 1008.24.
 1066         (2)Notwithstanding subsection (1), the Education Practices
 1067  Commission shall suspend, for a period of not less than 1 year,
 1068  the educator certificate of any instructional personnel or
 1069  school administrator who knowingly fails to report known or
 1070  suspected child abuse pursuant to s. 39.201.
 1071         Section 12. Subsections (1) through (5) of section 39.307,
 1072  Florida Statutes, are amended to read:
 1073         39.307 Reports of child-on-child sexual abuse.—
 1074         (1) Upon receiving a report alleging child-on-child
 1075  juvenile sexual abuse or inappropriate sexual behavior as
 1076  defined in s. 39.01, the department shall assist the family,
 1077  child, and caregiver in receiving appropriate services to
 1078  address the allegations of the report.
 1079         (a) The department shall ensure that information describing
 1080  the child’s history of child sexual abuse is included in the
 1081  child’s electronic record. This record must also include
 1082  information describing the services the child has received as a
 1083  result of his or her involvement with child sexual abuse.
 1084         (b) Placement decisions for a child who has been involved
 1085  with child sexual abuse must include consideration of the needs
 1086  of the child and any other children in the placement.
 1087         (c) The department shall monitor the occurrence of child
 1088  sexual abuse and the provision of services to children involved
 1089  in child-on-child child sexual abuse or juvenile sexual abuse,
 1090  or who have displayed inappropriate sexual behavior.
 1091         (2) The department, contracted sheriff’s office providing
 1092  protective investigation services, or contracted case management
 1093  personnel responsible for providing services, at a minimum,
 1094  shall adhere to the following procedures:
 1095         (a) The purpose of the response to a report alleging child
 1096  on-child juvenile sexual abuse behavior or inappropriate sexual
 1097  behavior shall be explained to the caregiver.
 1098         1. The purpose of the response shall be explained in a
 1099  manner consistent with legislative purpose and intent provided
 1100  in this chapter.
 1101         2. The name and office telephone number of the person
 1102  responding shall be provided to the caregiver of the alleged
 1103  abuser or child who has exhibited inappropriate sexual behavior
 1104  and the victim’s caregiver.
 1105         3. The possible consequences of the department’s response,
 1106  including outcomes and services, shall be explained to the
 1107  caregiver of the alleged abuser or child who has exhibited
 1108  inappropriate sexual behavior and the victim’s caregiver.
 1109         (b) The caregiver of the alleged abuser or child who has
 1110  exhibited inappropriate sexual behavior and the victim’s
 1111  caregiver shall be involved to the fullest extent possible in
 1112  determining the nature of the sexual behavior concerns and the
 1113  nature of any problem or risk to other children.
 1114         (c) The assessment of risk and the perceived treatment
 1115  needs of the alleged abuser or child who has exhibited
 1116  inappropriate sexual behavior, the victim, and respective
 1117  caregivers shall be conducted by the district staff, the child
 1118  protection team of the Department of Health, and other providers
 1119  under contract with the department to provide services to the
 1120  caregiver of the alleged offender, the victim, and the victim’s
 1121  caregiver.
 1122         (d) The assessment shall be conducted in a manner that is
 1123  sensitive to the social, economic, and cultural environment of
 1124  the family.
 1125         (e) If necessary, the child protection team of the
 1126  Department of Health shall conduct a physical examination of the
 1127  victim, which is sufficient to meet forensic requirements.
 1128         (f) Based on the information obtained from the alleged
 1129  abuser or child who has exhibited inappropriate sexual behavior,
 1130  his or her caregiver, the victim, and the victim’s caregiver, an
 1131  assessment of service and treatment needs must be completed and,
 1132  if needed, a case plan developed within 30 days.
 1133         (g) The department shall classify the outcome of the report
 1134  as follows:
 1135         1. Report closed. Services were not offered because the
 1136  department determined that there was no basis for intervention.
 1137         2. Services accepted by alleged abuser. Services were
 1138  offered to the alleged abuser or child who has exhibited
 1139  inappropriate sexual behavior and accepted by the caregiver.
 1140         3. Report closed. Services were offered to the alleged
 1141  abuser or child who has exhibited inappropriate sexual behavior,
 1142  but were rejected by the caregiver.
 1143         4. Notification to law enforcement. The risk to the
 1144  victim’s safety and well-being cannot be reduced by the
 1145  provision of services or the caregiver rejected services, and
 1146  notification of the alleged delinquent act or violation of law
 1147  to the appropriate law enforcement agency was initiated.
 1148         5. Services accepted by victim. Services were offered to
 1149  the victim and accepted by the caregiver.
 1150         6. Report closed. Services were offered to the victim but
 1151  were rejected by the caregiver.
 1152         (3) If services have been accepted by the alleged abuser or
 1153  child who has exhibited inappropriate sexual behavior, the
 1154  victim, and respective caregivers, the department shall
 1155  designate a case manager and develop a specific case plan.
 1156         (a) Upon receipt of the plan, the caregiver shall indicate
 1157  its acceptance of the plan in writing.
 1158         (b) The case manager shall periodically review the progress
 1159  toward achieving the objectives of the plan in order to:
 1160         1. Make adjustments to the plan or take additional action
 1161  as provided in this part; or
 1162         2. Terminate the case if indicated by successful or
 1163  substantial achievement of the objectives of the plan.
 1164         (4) Services provided to the alleged abuser or child who
 1165  has exhibited inappropriate sexual behavior, the victim, and
 1166  respective caregivers or family must be voluntary and of
 1167  necessary duration.
 1168         (5) If the family or caregiver of the alleged abuser or
 1169  child who has exhibited inappropriate sexual behavior fails to
 1170  adequately participate or allow for the adequate participation
 1171  of the child in the services or treatment delineated in the case
 1172  plan, the case manager may recommend that the department:
 1173         (a) Close the case;
 1174         (b) Refer the case to mediation or arbitration, if
 1175  available; or
 1176         (c) Notify the appropriate law enforcement agency of
 1177  failure to comply.
 1178         Section 13. Paragraph (t) of subsection (2) of section
 1179  39.202, Florida Statutes, is amended to read:
 1180         39.202 Confidentiality of reports and records in cases of
 1181  child abuse or neglect.—
 1182         (2) Except as provided in subsection (4), access to such
 1183  records, excluding the name of, or other identifying information
 1184  with respect to, the reporter which shall be released only as
 1185  provided in subsection (5), shall be granted only to the
 1186  following persons, officials, and agencies:
 1187         (t) Persons with whom the department is seeking to place
 1188  the child or to whom placement has been granted, including
 1189  foster parents for whom an approved home study has been
 1190  conducted, the designee of a licensed child-caring agency as
 1191  defined in s. 39.01 s. 39.01(41), an approved relative or
 1192  nonrelative with whom a child is placed pursuant to s. 39.402,
 1193  preadoptive parents for whom a favorable preliminary adoptive
 1194  home study has been conducted, adoptive parents, or an adoption
 1195  entity acting on behalf of preadoptive or adoptive parents.
 1196         Section 14. Subsection (6) of section 39.301, Florida
 1197  Statutes, is amended to read:
 1198         39.301 Initiation of protective investigations.—
 1199         (6) Upon commencing an investigation under this part, if a
 1200  report was received from a reporter under s. 39.201(1)(a)2. s.
 1201  39.201(1)(b), the protective investigator must provide his or
 1202  her contact information to the reporter within 24 hours after
 1203  being assigned to the investigation. The investigator must also
 1204  advise the reporter that he or she may provide a written summary
 1205  of the report made to the central abuse hotline to the
 1206  investigator which shall become a part of the electronic child
 1207  welfare case file.
 1208         Section 15. Paragraph (c) of subsection (1) of section
 1209  39.521, Florida Statutes, is amended to read:
 1210         39.521 Disposition hearings; powers of disposition.—
 1211         (1) A disposition hearing shall be conducted by the court,
 1212  if the court finds that the facts alleged in the petition for
 1213  dependency were proven in the adjudicatory hearing, or if the
 1214  parents or legal custodians have consented to the finding of
 1215  dependency or admitted the allegations in the petition, have
 1216  failed to appear for the arraignment hearing after proper
 1217  notice, or have not been located despite a diligent search
 1218  having been conducted.
 1219         (c) When any child is adjudicated by a court to be
 1220  dependent, the court having jurisdiction of the child has the
 1221  power by order to:
 1222         1. Require the parent and, when appropriate, the legal
 1223  guardian or the child to participate in treatment and services
 1224  identified as necessary. The court may require the person who
 1225  has custody or who is requesting custody of the child to submit
 1226  to a mental health or substance abuse disorder assessment or
 1227  evaluation. The order may be made only upon good cause shown and
 1228  pursuant to notice and procedural requirements provided under
 1229  the Florida Rules of Juvenile Procedure. The mental health
 1230  assessment or evaluation must be administered by a qualified
 1231  professional as defined in s. 39.01, and the substance abuse
 1232  assessment or evaluation must be administered by a qualified
 1233  professional as defined in s. 397.311. The court may also
 1234  require such person to participate in and comply with treatment
 1235  and services identified as necessary, including, when
 1236  appropriate and available, participation in and compliance with
 1237  a mental health court program established under chapter 394 or a
 1238  treatment-based drug court program established under s. 397.334.
 1239  Adjudication of a child as dependent based upon evidence of harm
 1240  as defined in s. 39.01(34)(g) s. 39.01(35)(g) demonstrates good
 1241  cause, and the court shall require the parent whose actions
 1242  caused the harm to submit to a substance abuse disorder
 1243  assessment or evaluation and to participate and comply with
 1244  treatment and services identified in the assessment or
 1245  evaluation as being necessary. In addition to supervision by the
 1246  department, the court, including the mental health court program
 1247  or the treatment-based drug court program, may oversee the
 1248  progress and compliance with treatment by a person who has
 1249  custody or is requesting custody of the child. The court may
 1250  impose appropriate available sanctions for noncompliance upon a
 1251  person who has custody or is requesting custody of the child or
 1252  make a finding of noncompliance for consideration in determining
 1253  whether an alternative placement of the child is in the child’s
 1254  best interests. Any order entered under this subparagraph may be
 1255  made only upon good cause shown. This subparagraph does not
 1256  authorize placement of a child with a person seeking custody of
 1257  the child, other than the child’s parent or legal custodian, who
 1258  requires mental health or substance abuse disorder treatment.
 1259         2. Require, if the court deems necessary, the parties to
 1260  participate in dependency mediation.
 1261         3. Require placement of the child either under the
 1262  protective supervision of an authorized agent of the department
 1263  in the home of one or both of the child’s parents or in the home
 1264  of a relative of the child or another adult approved by the
 1265  court, or in the custody of the department. Protective
 1266  supervision continues until the court terminates it or until the
 1267  child reaches the age of 18, whichever date is first. Protective
 1268  supervision shall be terminated by the court whenever the court
 1269  determines that permanency has been achieved for the child,
 1270  whether with a parent, another relative, or a legal custodian,
 1271  and that protective supervision is no longer needed. The
 1272  termination of supervision may be with or without retaining
 1273  jurisdiction, at the court’s discretion, and shall in either
 1274  case be considered a permanency option for the child. The order
 1275  terminating supervision by the department must set forth the
 1276  powers of the custodian of the child and include the powers
 1277  ordinarily granted to a guardian of the person of a minor unless
 1278  otherwise specified. Upon the court’s termination of supervision
 1279  by the department, further judicial reviews are not required if
 1280  permanency has been established for the child.
 1281         4. Determine whether the child has a strong attachment to
 1282  the prospective permanent guardian and whether such guardian has
 1283  a strong commitment to permanently caring for the child.
 1284         Section 16. Paragraph (c) of subsection (1) of section
 1285  39.6012, Florida Statutes, is amended to read:
 1286         39.6012 Case plan tasks; services.—
 1287         (1) The services to be provided to the parent and the tasks
 1288  that must be completed are subject to the following:
 1289         (c) If there is evidence of harm as defined in s.
 1290  39.01(34)(g) s. 39.01(35)(g), the case plan must include as a
 1291  required task for the parent whose actions caused the harm that
 1292  the parent submit to a substance abuse disorder assessment or
 1293  evaluation and participate and comply with treatment and
 1294  services identified in the assessment or evaluation as being
 1295  necessary.
 1296         Section 17. Subsection (4) of section 322.09, Florida
 1297  Statutes, is amended to read:
 1298         322.09 Application of minors; responsibility for negligence
 1299  or misconduct of minor.—
 1300         (4) Notwithstanding subsections (1) and (2), if a caregiver
 1301  of a minor who is under the age of 18 years and is in out-of
 1302  home care as defined in s. 39.01 s. 39.01(55), an authorized
 1303  representative of a residential group home at which such a minor
 1304  resides, the caseworker at the agency at which the state has
 1305  placed the minor, or a guardian ad litem specifically authorized
 1306  by the minor’s caregiver to sign for a learner’s driver license
 1307  signs the minor’s application for a learner’s driver license,
 1308  that caregiver, group home representative, caseworker, or
 1309  guardian ad litem does not assume any obligation or become
 1310  liable for any damages caused by the negligence or willful
 1311  misconduct of the minor by reason of having signed the
 1312  application. Before signing the application, the caseworker,
 1313  authorized group home representative, or guardian ad litem shall
 1314  notify the caregiver or other responsible party of his or her
 1315  intent to sign and verify the application.
 1316         Section 18. Paragraph (p) of subsection (4) of section
 1317  394.495, Florida Statutes, is amended to read:
 1318         394.495 Child and adolescent mental health system of care;
 1319  programs and services.—
 1320         (4) The array of services may include, but is not limited
 1321  to:
 1322         (p) Trauma-informed services for children who have suffered
 1323  sexual exploitation as defined in s. 39.01(76)(g) s.
 1324  39.01(77)(g).
 1325         Section 19. Section 627.746, Florida Statutes, is amended
 1326  to read:
 1327         627.746 Coverage for minors who have a learner’s driver
 1328  license; additional premium prohibited.—An insurer that issues
 1329  an insurance policy on a private passenger motor vehicle to a
 1330  named insured who is a caregiver of a minor who is under the age
 1331  of 18 years and is in out-of-home care as defined in s.
 1332  39.01(54) s. 39.01(55) may not charge an additional premium for
 1333  coverage of the minor while the minor is operating the insured
 1334  vehicle, for the period of time that the minor has a learner’s
 1335  driver license, until such time as the minor obtains a driver
 1336  license.
 1337         Section 20. Paragraph (g) of subsection (2) of section
 1338  934.03, Florida Statutes, is amended to read:
 1339         934.03 Interception and disclosure of wire, oral, or
 1340  electronic communications prohibited.—
 1341         (2)
 1342         (g) It is lawful under this section and ss. 934.04-934.09
 1343  for an employee of:
 1344         1. An ambulance service licensed pursuant to s. 401.25, a
 1345  fire station employing firefighters as defined by s. 633.102, a
 1346  public utility, a law enforcement agency as defined by s.
 1347  934.02(10), or any other entity with published emergency
 1348  telephone numbers;
 1349         2. An agency operating an emergency telephone number “911”
 1350  system established pursuant to s. 365.171; or
 1351         3. The central abuse hotline operated pursuant to s. 39.101
 1352  s. 39.201
 1353  
 1354  to intercept and record incoming wire communications; however,
 1355  such employee may intercept and record incoming wire
 1356  communications on designated “911” telephone numbers and
 1357  published nonemergency telephone numbers staffed by trained
 1358  dispatchers at public safety answering points only. It is also
 1359  lawful for such employee to intercept and record outgoing wire
 1360  communications to the numbers from which such incoming wire
 1361  communications were placed when necessary to obtain information
 1362  required to provide the emergency services being requested. For
 1363  the purpose of this paragraph, the term “public utility” has the
 1364  same meaning as provided in s. 366.02 and includes a person,
 1365  partnership, association, or corporation now or hereafter owning
 1366  or operating equipment or facilities in the state for conveying
 1367  or transmitting messages or communications by telephone or
 1368  telegraph to the public for compensation.
 1369         Section 21. Paragraph (c) of subsection (1) of section
 1370  934.255, Florida Statutes, is amended to read:
 1371         934.255 Subpoenas in investigations of sexual offenses.—
 1372         (1) As used in this section, the term:
 1373         (c) “Sexual abuse of a child” means a criminal offense
 1374  based on any conduct described in s. 39.01(76) s. 39.01(77).
 1375         Section 22. Subsection (5) of section 960.065, Florida
 1376  Statutes, is amended to read:
 1377         960.065 Eligibility for awards.—
 1378         (5) A person is not ineligible for an award pursuant to
 1379  paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
 1380  person is a victim of sexual exploitation of a child as defined
 1381  in s. 39.01(76)(g) s. 39.01(77)(g).
 1382         Section 23. This act shall take effect July 1, 2020.

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