SB 2108                                          First Engrossed
       
       
       
       
       
       
       
       
       20112108e1
       
    1                        A bill to be entitled                      
    2         An act relating to the welfare of children; repealing
    3         s. 39.001(7), (8), (9), and (12), F.S., relating to
    4         the Office of Adoption and Child Protection within the
    5         Executive Office of the Governor; amending s. 39.001,
    6         F.S.; removing obsolete provisions relating to the
    7         Office of Adoption and Child Protection within the
    8         Executive Office of the Governor; amending s. 39.0014,
    9         F.S.; requiring all state, county, and local agencies
   10         to cooperate, assist, and provide information to the
   11         Department of Children and Family Services rather than
   12         the Office of Adoption and Child Protection; repealing
   13         s. 39.01(46), F.S., relating to the definition of the
   14         term “office” as it relates to the Office of Adoption
   15         and Child Protection; amending s. 39.302, F.S.;
   16         conforming a cross-reference; providing an effective
   17         date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Subsections (7), (8), (9), and (12) of section
   22  39.001, Florida Statutes, are repealed.
   23         Section 2. Subsection (6) of section 39.001, Florida
   24  Statutes, is amended to read:
   25         39.001 Purposes and intent; personnel standards and
   26  screening.—
   27         (6) LEGISLATIVE INTENT FOR THE PREVENTION OF ABUSE,
   28  ABANDONMENT, AND NEGLECT OF CHILDREN.—The incidence of known
   29  child abuse, abandonment, and neglect has increased rapidly over
   30  the past 5 years. The impact that abuse, abandonment, or neglect
   31  has on the victimized child, siblings, family structure, and
   32  inevitably on all citizens of the state has caused the
   33  Legislature to determine that the prevention of child abuse,
   34  abandonment, and neglect shall be a priority of this state. To
   35  further this end, it is the intent of the Legislature that an
   36  Office of Adoption and Child Protection be established.
   37         Section 3. Section 39.0014, Florida Statutes, is amended to
   38  read:
   39         39.0014 Responsibilities of public agencies.—All state,
   40  county, and local agencies shall cooperate, assist, and provide
   41  information to the Office of Adoption and Child Protection and
   42  the department as will enable them to fulfill their
   43  responsibilities under this chapter.
   44         Section 4. Subsection (46) of section 39.01, Florida
   45  Statutes, is repealed.
   46         Section 5. Subsection (1) of section 39.302, Florida
   47  Statutes, is amended to read:
   48         39.302 Protective investigations of institutional child
   49  abuse, abandonment, or neglect.—
   50         (1) The department shall conduct a child protective
   51  investigation of each report of institutional child abuse,
   52  abandonment, or neglect. Upon receipt of a report that alleges
   53  that an employee or agent of the department, or any other entity
   54  or person covered by s. 39.01(33) or (46)(47), acting in an
   55  official capacity, has committed an act of child abuse,
   56  abandonment, or neglect, the department shall initiate a child
   57  protective investigation within the timeframe established under
   58  s. 39.201(5) and orally notify the appropriate state attorney,
   59  law enforcement agency, and licensing agency, which shall
   60  immediately conduct a joint investigation, unless independent
   61  investigations are more feasible. When conducting investigations
   62  onsite or having face-to-face interviews with the child,
   63  investigation visits shall be unannounced unless it is
   64  determined by the department or its agent that unannounced
   65  visits threaten the safety of the child. If a facility is exempt
   66  from licensing, the department shall inform the owner or
   67  operator of the facility of the report. Each agency conducting a
   68  joint investigation is entitled to full access to the
   69  information gathered by the department in the course of the
   70  investigation. A protective investigation must include an onsite
   71  visit of the child’s place of residence. The department shall
   72  make a full written report to the state attorney within 3
   73  working days after making the oral report. A criminal
   74  investigation shall be coordinated, whenever possible, with the
   75  child protective investigation of the department. Any interested
   76  person who has information regarding the offenses described in
   77  this subsection may forward a statement to the state attorney as
   78  to whether prosecution is warranted and appropriate. Within 15
   79  days after the completion of the investigation, the state
   80  attorney shall report the findings to the department and shall
   81  include in the report a determination of whether or not
   82  prosecution is justified and appropriate in view of the
   83  circumstances of the specific case.
   84         Section 6. This act shall take effect July 1, 2011.