HB 0407

1	A bill to be entitled
2	An act relating to administrative hearings; amending ss.
3	39.301 and 39.302, F.S., relating to the initiation of a
4	protective investigation following a report to the
5	Department of Children and Family Services of known or
6	suspected child abuse, abandonment, or neglect; requiring
7	that notice of a child protective investigation be given
8	to child care registration agencies; authorizing the
9	subject of a report by the department making a
10	determination of indicated abuse or verified abuse to
11	request an administrative hearing under certain
12	circumstances; providing for notice of the right to an
13	administrative hearing; requiring the subject of the
14	report to request a hearing in writing within a specified
15	period; providing certain restrictions on entering the
16	name of the subject of the report into the department's
17	statewide database or central abuse registry; providing an
18	effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsection (22) is added to section 39.301,
23	Florida Statutes, to read:
24	39.301  Initiation of protective investigations.--
25	(22)  If the state attorney finds that prosecution of the
26	case is not justified and the department makes a determination
27	of indicated abuse or verified abuse by a subject of the report,
28	the finding constitutes a substantial interest of the subject of
29	the report and he or she may request an administrative hearing
30	to contest the determination under ss. 120.569 and 120.57.
31	(a)  The subject of the report, or his or her authorized
32	representative, must be notified of the right to an
33	administrative hearing at the same time that the department
34	notifies the subject, or his or her authorized representative,
35	of the determination of indicated abuse or verified abuse. The
36	notice must be given verbally and in writing in the language of
37	the subject and in English.
38	(b)  A request for a hearing under this subsection must be
39	made to the department in writing no later than 30 days after
40	the subject receives the notice from the department of a
41	determination of indicated abuse or verified abuse.
42	(c)  The name of the subject of the report may not be
43	entered into the department's statewide database or central
44	abuse registry until the subject has failed to request a hearing
45	within the 30-day period or has unsuccessfully exhausted all
46	appeals, whichever occurs later.
47	Section 2.  Subsection (1) of section 39.302, Florida
48	Statutes, is amended to read:
49	39.302  Protective investigations of institutional child
50	abuse, abandonment, or neglect.--
51	(1)(a)  The department shall conduct a child protective
52	investigation of each report of institutional child abuse,
53	abandonment, or neglect.  Upon receipt of a report that alleges
54	that an employee or agent of the department, or any other entity
55	or person covered by s. 39.01(31) or (47), acting in an official
56	capacity, has committed an act of child abuse, abandonment, or
57	neglect, the department shall initiate a child protective
58	investigation within the timeframe established by the central
59	abuse hotline under pursuant to s. 39.201(5) and orally notify
60	the appropriate state attorney, law enforcement agency, and
61	licensing or registration agency.  These agencies shall
62	immediately conduct a joint investigation, unless independent
63	investigations are more feasible. When conducting investigations
64	onsite or having face-to-face interviews with the child, the
65	such investigation visits shall be unannounced unless it is
66	determined by the department or its agent that the such
67	unannounced visits would threaten the safety of the child.  When
68	a facility is exempt from licensure or registration licensing,
69	the department shall inform the owner or operator of the
70	facility of the report. Each agency conducting a joint
71	investigation shall be entitled to full access to the
72	information gathered by the department in the course of the
73	investigation. A protective investigation must include an onsite
74	visit of the child's place of residence. In all cases, the
75	department shall make a full written report to the state
76	attorney within 3 working days after making the oral report. A
77	criminal investigation shall be coordinated, whenever possible,
78	with the child protective investigation of the department. Any
79	interested person who has information regarding the offenses
80	described in this subsection may forward a statement to the
81	state attorney as to whether prosecution is warranted and
82	appropriate. Within 15 days after the completion of the
83	investigation, the state attorney shall report the findings to
84	the department and shall include in the such report a
85	determination of whether or not prosecution is justified and
86	appropriate in view of the circumstances of the specific case.
87	(b)  If the state attorney finds that prosecution of the
88	case is not justified and the department makes a determination
89	of indicated abuse or verified abuse by a subject of the report,
90	the finding constitutes a substantial interest of the subject of
91	the report and he or she may request an administrative hearing
92	to contest the determination under ss. 120.569 and 120.57.
93	1.  The subject of the report, or his or her authorized
94	representative, must be notified of the right to an
95	administrative hearing at the same time that the department
96	notifies the subject, or his or her authorized representative,
97	of the determination of indicated abuse or verified abuse. The
98	notice must be given verbally and in writing in the language of
99	the subject and in English.
100	2.  A request for a hearing under this subsection must be
101	made to the department in writing no later than 30 days after
102	the subject receives the notice from the department of a
103	determination of indicated abuse or verified abuse.
104	3.  The name of the subject of the report may not be
105	entered into the department's statewide database or central
106	abuse registry until the subject has failed to request a hearing
107	within the 30-day period or has unsuccessfully exhausted all
108	appeals, whichever occurs later.
109	Section 3.  This act shall take effect July 1, 2005.

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