Florida Senate - 2012 SB 146 By Senator Flores 38-00130-12 2012146__ 1 A bill to be entitled 2 An act relating to offenses by caregivers of minor 3 children; providing a short title; creating s. 827.10, 4 F.S.; penalizing the failure of a caregiver, willfully 5 or by culpable negligence, to make contact with a 6 child under a specified age in his or her care for a 7 certain period and to immediately report the child as 8 missing to a law enforcement agency after that period 9 expires without contact in certain circumstances; 10 providing criminal penalties; providing enhanced 11 criminal penalties in certain circumstances; creating 12 s. 827.11, F.S.; requiring the caregiver of a minor 13 child to report the child’s death to a law enforcement 14 agency within a specified period in certain 15 circumstances; requiring the caregiver of a minor 16 child to report the location of a child’s corpse to a 17 law enforcement agency within a specified period in 18 certain circumstances; providing criminal penalties; 19 amending s. 837.055, F.S.; providing enhanced criminal 20 penalties for a caregiver of a minor child who 21 knowingly and willfully gives false information with 22 specified intent to a law enforcement officer 23 conducting a missing person investigation or a felony 24 criminal investigation involving a child; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. This act may be cited as “Caylee’s Law.” 30 Section 2. Section 827.10, Florida Statutes, is created to 31 read: 32 827.10 Missing child; duty to report.—A caregiver who 33 willfully or by culpable negligence fails to make contact with 34 or otherwise verify the whereabouts and safety of a child in his 35 or her care who is 12 years of age or younger for a period of 48 36 hours and to immediately report the child as missing to a law 37 enforcement agency after this 48-hour period expires without 38 contact commits: 39 (1) A felony of the second degree if the child suffers 40 great bodily harm, permanent disability, or permanent 41 disfigurement while missing; or 42 (2) A felony of the third degree in any other circumstance, 43 44 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 45 Section 3. Section 827.11, Florida Statutes, is created to 46 read: 47 827.11 Death of a child or location of a child’s corpse; 48 reporting requirements.— 49 (1) A caregiver of a minor child must: 50 (a) Report the child’s death to a law enforcement agency 51 within 2 hours after learning about the child’s death; or 52 (b) Report the location of the child’s corpse to a law 53 enforcement agency within 2 hours after learning the location of 54 the corpse, 55 56 if the child’s death appears to have been one described in s. 57 406.11(1)(a) other than a death described in s. 406.11(1)(a)6., 58 7., or 9. 59 (2) A person who violates this section commits a felony of 60 the second degree, punishable as provided in s. 775.082, s. 61 775.083, or s. 775.084. 62 Section 4. Section 837.055, Florida Statutes, is amended to 63 read: 64 837.055 False information to law enforcement during 65 investigation.— 66 (1) Except as provided in subsection (2), a person who 67
whoeverknowingly and willfully gives false information to a law 68 enforcement officer who is conducting a missing person 69 investigation or a felony criminal investigation with the intent 70 to mislead the officer or impede the investigation commits a 71 misdemeanor of the first degree, punishable as provided in s. 72 775.082 or s. 775.083. 73 (2) A caregiver, as defined in s. 827.01, who knowingly and 74 willfully gives false information to a law enforcement officer 75 who is conducting a missing person investigation or a felony 76 criminal investigation involving a minor child in his or her 77 care with the intent to mislead the officer or impede the 78 investigation commits a felony of the second degree, punishable 79 as provided in s. 775.082, s. 775.083, or s. 775.084. 80 Section 5. This act shall take effect July 1, 2012.