Senate Bill sb2356

    Florida Senate - 2003                                  SB 2356

    By Senator Villalobos





    38-496A-03                                          See HB 541

  1                      A bill to be entitled

  2         An act relating to proceedings relating to

  3         children; amending s. 39.01, F.S.; revising

  4         definition of the term "other person

  5         responsible for a child's welfare" to include

  6         employees of, and volunteers at, specified

  7         institutions; including public schools and

  8         religious organizations among specified

  9         institutions; amending s. 39.205, F.S.;

10         increasing penalties relating to reporting of

11         the sexual abuse of a child; providing an

12         effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (47) of section 39.01, Florida

17  Statutes, is amended to read:

18         39.01  Definitions.--When used in this chapter, unless

19  the context otherwise requires:

20         (47)  "Other person responsible for a child's welfare"

21  includes the child's legal guardian, legal custodian, or

22  foster parent; an employee of, or a volunteer at, a public or

23  private school, religious organization, public or private

24  child day care center, residential home, institution,

25  facility, or agency; or any other person legally responsible

26  for the child's welfare in a residential setting; and also

27  includes an adult sitter or relative entrusted with a child's

28  care. For the purpose of departmental investigative

29  jurisdiction, this definition does not include law enforcement

30  officers, or employees of municipal or county detention

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2356
    38-496A-03                                          See HB 541




 1  facilities or the Department of Corrections, while acting in

 2  an official capacity.

 3         Section 2.  Subsection (1) of section 39.205, Florida

 4  Statutes, is amended to read:

 5         39.205  Penalties relating to reporting of child abuse,

 6  abandonment, or neglect.--

 7         (1)  A person who is required to report known or

 8  suspected child abuse, abandonment, or neglect and who

 9  knowingly and willfully fails to do so, or who knowingly and

10  willfully prevents another person from doing so, is guilty of

11  a misdemeanor of the first degree, punishable as provided in

12  s. 775.082 or s. 775.083, provided that, in the case of known

13  or suspected sexual abuse of a child, a person who is required

14  to report such abuse and who knowingly and willfully fails to

15  do so, or who knowingly and willfully prevents another person

16  from doing so, commits a felony of the third degree,

17  punishable as provided in s. 775.082 or s. 775.083. A judge

18  subject to discipline pursuant to s. 12, Art. V of the Florida

19  Constitution shall not be subject to criminal prosecution when

20  the information was received in the course of official duties.

21         Section 3.  This act shall take effect October 1, 2003.

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CODING: Words stricken are deletions; words underlined are additions.