Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1355, 1st Eng.
       
       
       
       
       
       
                                Barcode 687376                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 4/RE/2R         .                                
             03/08/2012 10:12 AM       .                                
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       Senators Benacquisto and Storms moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 67 - 146
    4  and insert:
    5         Section 1. Subsections (1), (2), and (4) of section 39.201,
    6  Florida Statutes, are amended to read:
    7         39.201 Mandatory reports of child abuse, abandonment, or
    8  neglect; mandatory reports of death; central abuse hotline.—
    9         (1)(a) Any person who knows, or has reasonable cause to
   10  suspect, that a child is abused, abandoned, or neglected by a
   11  parent, legal custodian, caregiver, or other person responsible
   12  for the child’s welfare, as defined in this chapter, or that a
   13  child is in need of supervision and care and has no parent,
   14  legal custodian, or responsible adult relative immediately known
   15  and available to provide supervision and care shall report such
   16  knowledge or suspicion to the department in the manner
   17  prescribed in subsection (2).
   18         (b)Any person who knows, or who has reasonable cause to
   19  suspect, that a child is abused by an adult other than a parent,
   20  legal custodian, caregiver, or other person responsible for the
   21  child’s welfare, as defined in this chapter, shall report such
   22  knowledge or suspicion to the department in the manner
   23  prescribed in subsection (2).
   24         (c)Any person who knows, or has reasonable cause to
   25  suspect, that a child is the victim of a known or suspected
   26  juvenile sexual offender, as defined in this chapter, shall
   27  report such knowledge or suspicion to the department in the
   28  manner prescribed in subsection (2).
   29         (d)(b) Reporters in the following occupation categories are
   30  required to provide their names to the hotline staff:
   31         1. Physician, osteopathic physician, medical examiner,
   32  chiropractic physician, nurse, or hospital personnel engaged in
   33  the admission, examination, care, or treatment of persons;
   34         2. Health or mental health professional other than one
   35  listed in subparagraph 1.;
   36         3. Practitioner who relies solely on spiritual means for
   37  healing;
   38         4. School teacher or other school official or personnel;
   39         5. Social worker, day care center worker, or other
   40  professional child care, foster care, residential, or
   41  institutional worker;
   42         6. Law enforcement officer; or
   43         7. Judge.
   44  
   45  The names of reporters shall be entered into the record of the
   46  report, but shall be held confidential and exempt as provided in
   47  s. 39.202.
   48         (e)(c) A professional who is hired by or enters into a
   49  contract with the department for the purpose of treating or
   50  counseling any person, as a result of a report of child abuse,
   51  abandonment, or neglect, is not required to again report to the
   52  central abuse hotline the abuse, abandonment, or neglect that
   53  was the subject of the referral for treatment.
   54         (f)(d) An officer or employee of the judicial branch is not
   55  required to again provide notice of reasonable cause to suspect
   56  child abuse, abandonment, or neglect when that child is
   57  currently being investigated by the department, there is an
   58  existing dependency case, or the matter has previously been
   59  reported to the department, provided there is reasonable cause
   60  to believe the information is already known to the department.
   61  This paragraph applies only when the information has been
   62  provided to the officer or employee in the course of carrying
   63  out his or her official duties.
   64         (g)(e) Nothing in this chapter or in the contracting with
   65  community-based care providers for foster care and related
   66  services as specified in s. 409.1671 shall be construed to
   67  remove or reduce the duty and responsibility of any person,
   68  including any employee of the community-based care provider, to
   69  report a suspected or actual case of child abuse, abandonment,
   70  or neglect or the sexual abuse of a child to the department’s
   71  central abuse hotline.
   72         (2)(a) Each report of known or suspected child abuse,
   73  abandonment, or neglect by a parent, legal custodian, caregiver,
   74  or other person responsible for the child’s welfare as defined
   75  in this chapter, except those solely under s. 827.04(3), and
   76  each report that a child is in need of supervision and care and
   77  has no parent, legal custodian, or responsible adult relative
   78  immediately known and available to provide supervision and care
   79  shall be made immediately to the department’s central abuse
   80  hotline. Such reports may be made on the single statewide toll
   81  free telephone number or via fax, web-based chat, or web-based
   82  report. Personnel at the department’s central abuse hotline
   83  shall determine if the report received meets the statutory
   84  definition of child abuse, abandonment, or neglect. Any report
   85  meeting one of these definitions shall be accepted for the
   86  protective investigation pursuant to part III of this chapter.
   87         (b) Each report of known or suspected child abuse by an
   88  adult other than a parent, legal custodian, caregiver, or other
   89  person responsible for the child’s welfare, as defined in this
   90  chapter, shall be made immediately to the department’s central
   91  abuse hotline. Such reports may be made on the single statewide
   92  toll-free telephone number or via fax, web-based chat, or web
   93  based report. Such reports or calls shall be immediately
   94  electronically transferred to the appropriate county sheriff’s
   95  office by the central abuse hotline. If the report is of an
   96  instance of known or suspected child abuse by someone other than
   97  a parent, legal custodian, caregiver, or other person
   98  responsible for the child’s welfare as defined in this chapter,
   99  the report or call shall be immediately electronically
  100  transferred to the appropriate county sheriff’s office by the
  101  central abuse hotline.
  102         (c) Reports involving a known or suspected juvenile sexual
  103  offender or a child who has exhibited inappropriate sexual
  104  behavior shall be made and received by the department.
  105         1. The department shall determine the age of the alleged
  106  offender, if known.
  107         2. If the alleged offender is 12 years of age or younger,
  108  the central abuse hotline shall immediately electronically
  109  transfer the report or call to the county sheriff’s office. The
  110  department shall conduct an assessment and assist the family in
  111  receiving appropriate services pursuant to s. 39.307, and send a
  112  written report of the allegation to the appropriate county
  113  sheriff’s office within 48 hours after the initial report is
  114  made to the central abuse hotline.
  115         3. If the alleged offender is 13 years of age or older, the
  116  central abuse hotline shall immediately electronically transfer
  117  the report or call to the appropriate county sheriff’s office
  118  and send a written report to the appropriate county sheriff’s
  119  office within 48 hours after the initial report to the central
  120  abuse hotline.
  121         (d)(c) If the report is of an instance of known or
  122  suspected child abuse, abandonment, or neglect that occurred out
  123  of state and the alleged perpetrator and the child alleged to be
  124  a victim live out of state, the central abuse hotline shall not
  125  accept the report or call for investigation, but shall transfer
  126  the information on the report to the appropriate state.
  127         (e)(d) If the report is of an instance of known or
  128  suspected child abuse involving impregnation of a child under 16
  129  years of age by a person 21 years of age or older solely under
  130  s. 827.04(3), the report shall be made immediately to the
  131  appropriate county sheriff’s office or other appropriate law
  132  enforcement agency. If the report is of an instance of known or
  133  suspected child abuse solely under s. 827.04(3), the reporting
  134  provisions of this subsection do not apply to health care
  135  professionals or other persons who provide medical or counseling
  136  services to pregnant children when such reporting would
  137  interfere with the provision of medical services.
  138         (f)(e) Reports involving known or suspected institutional
  139  child abuse or neglect shall be made and received in the same
  140  manner as all other reports made pursuant to this section.
  141         (f) Reports involving a known or suspected juvenile sexual
  142  offender or a child who has exhibited inappropriate sexual
  143  behavior shall be made and received by the department.
  144         1. The department shall determine the age of the alleged
  145  offender, if known.
  146         2. If the alleged offender is 12 years of age or younger,
  147  the central abuse hotline shall immediately electronically
  148  transfer the report or call to the county sheriff’s office. The
  149  department shall conduct an assessment and assist the family in
  150  receiving appropriate services pursuant to s. 39.307, and send a
  151  written report of the allegation to the appropriate county
  152  sheriff’s office within 48 hours after the initial report is
  153  made to the central abuse hotline.
  154         3. If the alleged offender is 13 years of age or older, the
  155  central abuse hotline shall immediately electronically transfer
  156  the report or call to the appropriate county sheriff’s office
  157  and send a written report to the appropriate county sheriff’s
  158  office within 48 hours after the initial report to the central
  159  abuse hotline.