Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1816
       
       
       
       
       
       
                                Barcode 596294                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2012           .                                
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       The Committee on Budget Subcommittee on Criminal and Civil
       Justice Appropriations (Bennett) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) and subsections
    6  (2) and (4) of section 39.201, Florida Statutes, are amended to
    7  read:
    8         39.201 Mandatory reports of child abuse, abandonment, or
    9  neglect; mandatory reports of death; central abuse hotline.—
   10         (1)(a) Any person who knows, or has reasonable cause to
   11  suspect, that a child is physically or emotionally abused,
   12  abandoned, or neglected by an adult person, or sexually abused
   13  by any person a parent, legal custodian, caregiver, or other
   14  person responsible for the child’s welfare, as defined in this
   15  chapter, or that a child is in need of supervision and care and
   16  has no parent, legal custodian, or responsible adult relative
   17  immediately known and available to provide supervision and care
   18  shall report such knowledge or suspicion to the department in
   19  the manner prescribed in subsection (2).
   20         (2)(a) Each report of known or suspected child abuse,
   21  abandonment, or neglect by an adult person, or of sexual abuse
   22  by any person a parent, legal custodian, caregiver, or other
   23  person responsible for the child’s welfare as defined in this
   24  chapter, except those solely under s. 827.04(3), and each report
   25  that a child is in need of supervision and care and has no
   26  parent, legal custodian, or responsible adult relative
   27  immediately known and available to provide supervision and care
   28  shall be made immediately to the department’s central abuse
   29  hotline. Such reports may be made on the single statewide toll
   30  free telephone number or via fax, web-based chat, or web-based
   31  report. Personnel at the department’s central abuse hotline
   32  shall determine if the report received meets the statutory
   33  definition of child abuse, abandonment, or neglect. Any report
   34  meeting one of these definitions shall be accepted for the
   35  protective investigation pursuant to part III of this chapter.
   36  Any report of child abuse, abandonment, or neglect by a person
   37  other than the child’s caregiver, as defined in s. 39.01, shall
   38  be taken by the central abuse hotline and forwarded to the
   39  appropriate county sheriff’s office pursuant to paragraph (b).
   40         (b) If the report is of an instance of known or suspected
   41  child abuse by someone other than a parent, legal custodian,
   42  caregiver, or other person responsible for the child’s welfare
   43  as defined in this chapter, the report or call shall be
   44  immediately electronically transferred to the appropriate county
   45  sheriff’s office by the central abuse hotline.
   46         (c) If the report is of an instance of known or suspected
   47  child abuse, abandonment, or neglect that occurred out of state
   48  and the alleged perpetrator and the child alleged to be a victim
   49  live out of state, the central abuse hotline shall not accept
   50  the report or call for investigation, but shall transfer the
   51  information on the report to the appropriate state.
   52         (d) If the report is of an instance of known or suspected
   53  child abuse involving impregnation of a child under 16 years of
   54  age by a person 21 years of age or older solely under s.
   55  827.04(3), the report shall be made immediately to the
   56  appropriate county sheriff’s office or other appropriate law
   57  enforcement agency. If the report is of an instance of known or
   58  suspected child abuse solely under s. 827.04(3), the reporting
   59  provisions of this subsection do not apply to health care
   60  professionals or other persons who provide medical or counseling
   61  services to pregnant children when such reporting would
   62  interfere with the provision of medical services.
   63         (e) Reports involving known or suspected institutional
   64  child abuse or neglect shall be made and received in the same
   65  manner as all other reports made pursuant to this section.
   66         (f) Reports involving a known or suspected juvenile sexual
   67  offender or a child who has exhibited inappropriate sexual
   68  behavior shall be made and received by the department.
   69         1. The department shall determine the age of the alleged
   70  offender, if known.
   71         2. If the alleged offender is 12 years of age or younger,
   72  the central abuse hotline shall immediately electronically
   73  transfer the report or call to the county sheriff’s office. The
   74  department shall conduct an assessment and assist the family in
   75  receiving appropriate services pursuant to s. 39.307, and send a
   76  written report of the allegation to the appropriate county
   77  sheriff’s office within 48 hours after the initial report is
   78  made to the central abuse hotline.
   79         3. If the alleged offender is 13 years of age or older, the
   80  central abuse hotline shall immediately electronically transfer
   81  the report or call to the appropriate county sheriff’s office
   82  and send a written report to the appropriate county sheriff’s
   83  office within 48 hours after the initial report to the central
   84  abuse hotline.
   85         (g) Reports involving surrendered newborn infants as
   86  described in s. 383.50 shall be made and received by the
   87  department.
   88         1. If the report is of a surrendered newborn infant as
   89  described in s. 383.50 and there is no indication of abuse,
   90  neglect, or abandonment other than that necessarily entailed in
   91  the infant having been left at a hospital, emergency medical
   92  services station, or fire station, the department shall provide
   93  to the caller the name of a licensed child-placing agency on a
   94  rotating basis from a list of licensed child-placing agencies
   95  eligible and required to accept physical custody of and to place
   96  newborn infants left at a hospital, emergency medical services
   97  station, or fire station. The report shall not be considered a
   98  report of abuse, neglect, or abandonment solely because the
   99  infant has been left at a hospital, emergency medical services
  100  station, or fire station pursuant to s. 383.50.
  101         2. If the call, fax, web-based chat, or web-based report
  102  includes indications of abuse or neglect beyond that necessarily
  103  entailed in the infant having been left at a hospital, emergency
  104  medical services station, or fire station, the report shall be
  105  considered as a report of abuse, neglect, or abandonment and
  106  shall be subject to the requirements of s. 39.395 and all other
  107  relevant provisions of this chapter, notwithstanding any
  108  provisions of chapter 383.
  109         (h) Hotline counselors shall receive periodic training in
  110  encouraging reporters to provide their names when reporting
  111  abuse, abandonment, or neglect. Callers shall be advised of the
  112  confidentiality provisions of s. 39.202. The department shall
  113  secure and install electronic equipment that automatically
  114  provides to the hotline the number from which the call or fax is
  115  placed or the Internet protocol (IP) address from which the
  116  report is received. This number shall be entered into the report
  117  of abuse, abandonment, or neglect and become a part of the
  118  record of the report, but shall enjoy the same confidentiality
  119  as provided to the identity of the reporter pursuant to s.
  120  39.202.
  121         (i) The department shall voice-record all incoming or
  122  outgoing calls that are received or placed by the central abuse
  123  hotline which relate to suspected or known child abuse, neglect,
  124  or abandonment. The department shall maintain an electronic copy
  125  of each fax and web-based report. The recording or electronic
  126  copy of each fax and web-based report shall become a part of the
  127  record of the report but, notwithstanding s. 39.202, shall be
  128  released in full only to law enforcement agencies and state
  129  attorneys for the purpose of investigating and prosecuting
  130  criminal charges pursuant to s. 39.205, or to employees of the
  131  department for the purpose of investigating and seeking
  132  administrative penalties pursuant to s. 39.206. Nothing in this
  133  paragraph shall prohibit the use of the recordings, the
  134  electronic copies of faxes, and web-based reports by hotline
  135  staff for quality assurance and training.
  136         (j)1. The department shall update the web form used for
  137  reporting child abuse, abandonment, or neglect to:
  138         a. Include qualifying questions in order to obtain
  139  necessary information required to assess need and a response.
  140         b. Indicate which fields are required to submit the report.
  141         c. Allow a reporter to save his or her report and return to
  142  it a later time.
  143         2. The report shall be made available to the counselors in
  144  its entirety as needed to update the Florida Safe Families
  145  Network or other similar systems.
  146         (k) The department shall conduct a study to determine the
  147  feasibility of using text and short message service formats to
  148  receive and process reports of child abuse, abandonment, or
  149  neglect to the central abuse hotline.
  150         (4) The department shall establish and maintain a central
  151  abuse hotline to receive all reports made pursuant to this
  152  section in writing, via fax, via web-based reporting, via web
  153  based chat, or through a single statewide toll-free telephone
  154  number, which any person may use to report known or suspected
  155  child abuse, abandonment, or neglect at any hour of the day or
  156  night, any day of the week. The department shall promote public
  157  awareness of the central abuse hotline through community-based
  158  partner organizations and public service campaigns. The central
  159  abuse hotline shall be operated in such a manner as to enable
  160  the department to:
  161         (a) Immediately identify and locate prior reports or cases
  162  of child abuse, abandonment, or neglect through utilization of
  163  the department’s automated tracking system.
  164         (b) Monitor and evaluate the effectiveness of the
  165  department’s program for reporting and investigating suspected
  166  abuse, abandonment, or neglect of children through the
  167  development and analysis of statistical and other information.
  168         (c) Track critical steps in the investigative process to
  169  ensure compliance with all requirements for any report of abuse,
  170  abandonment, or neglect.
  171         (d) Maintain and produce aggregate statistical reports
  172  monitoring patterns of child abuse, child abandonment, and child
  173  neglect. The department shall collect and analyze child-on-child
  174  sexual abuse reports and include the information in aggregate
  175  statistical reports. The department shall collect and analyze,
  176  in separate statistical reports, those reports of child abuse
  177  and sexual abuse which are reported from or occurred on the
  178  campus of any Florida College System institution, state
  179  university, or nonpublic college, university, or school, as
  180  defined in s. 1000.21 or s. 1005.02.
  181         (e) Serve as a resource for the evaluation, management, and
  182  planning of preventive and remedial services for children who
  183  have been subject to abuse, abandonment, or neglect.
  184         (f) Initiate and enter into agreements with other states
  185  for the purpose of gathering and sharing information contained
  186  in reports on child maltreatment to further enhance programs for
  187  the protection of children.
  188         Section 2. Subsections (3) through (6) of section 39.205,
  189  Florida Statutes, are renumbered as subsections (6) through (9),
  190  respectively, new subsections (3), (4), and (5) are added to
  191  that section, and subsection (1) of that section is amended, to
  192  read:
  193         39.205 Penalties relating to reporting of child abuse,
  194  abandonment, or neglect.—
  195         (1) A person who is required to report known or suspected
  196  child abuse, abandonment, or neglect and who knowingly and
  197  willfully fails to do so, or who knowingly and willfully
  198  prevents another person from doing so, commits is guilty of a
  199  felony misdemeanor of the third first degree, punishable as
  200  provided in s. 775.082, or s. 775.083, or s. 775.084. A judge
  201  subject to discipline pursuant to s. 12, Art. V of the Florida
  202  Constitution shall not be subject to criminal prosecution when
  203  the information was received in the course of official duties.
  204         (3) Any Florida College System institution, state
  205  university, or nonpublic college, university, or school, as
  206  defined in s. 1000.21 or s. 1005.02, whose administrators
  207  knowingly and willfully, upon receiving information from
  208  faculty, staff, or other institution employees, fail to report
  209  known or suspected child abuse, abandonment, or neglect
  210  committed on the property of the institution, university,
  211  college, or school, or during an event or function sponsored by
  212  the institution, university, college, or school, or who
  213  knowingly and willfully prevent another person from doing so,
  214  shall be subject to fines by the Board of Governors of $1
  215  million for each such failure. Any fine collected under this
  216  subsection shall be deposited in the Rape Crisis Program Trust
  217  Fund.
  218         (4) Any Florida College System institution, state
  219  university, or nonpublic college, university, or school, as
  220  defined in s. 1000.21 or s. 1005.02, whose law enforcement
  221  agency fails to report known or suspected child abuse,
  222  abandonment, or neglect committed on the property of the
  223  institution, university, college, or school, or during an event
  224  or function sponsored by the institution, university, college,
  225  or school, shall be subject to fines imposed by the Board of
  226  Governors of $1 million for each such failure. Any fine
  227  collected under this subsection shall be deposited in the Rape
  228  Crisis Program Trust Fund.
  229         (5) Any Florida College System institution, state
  230  university, or nonpublic college, university or school, as
  231  defined in s. 1000.21 or s. 1005.02, shall have the right to
  232  challenge the Board of Governor’s determination that the
  233  institution acted knowingly and willfully under subsection (3)
  234  or subsection (4) in an administrative hearing pursuant to s.
  235  120.57; however, if it is found that actual knowledge and
  236  information of known or suspected child abuse was in fact
  237  received by the institution’s administrators and was not
  238  reported, a presumption of a knowing and willful act will be
  239  established.
  240         Section 3. Section 39.309, Florida Statutes, is created to
  241  read:
  242         39.309 Alternative response to protective investigation.
  243  The department shall, in order to implement an alternative
  244  response to protective investigations program:
  245         (1) Develop and implement a program of social services and
  246  other supportive and rehabilitative services to be made
  247  available to the parent or legal custodian of a child seeking
  248  assistance pursuant to s. 39.201(2)(a). The social services and
  249  other supportive and rehabilitative services shall promote the
  250  child’s physical, mental, and emotional health; provide a safe,
  251  stable living environment; promote family autonomy; and
  252  strengthen family life, whenever possible.
  253         (2) Ensure that such services are targeted to prevent or
  254  mitigate the possibility of a child being referred to the
  255  hotline as an alleged victim of abuse, neglect, or abandonment,
  256  or to reduce the incidents of abuse.
  257         (3) Coordinate with community-based care lead agencies
  258  pursuant to s. 409.1671 or other agencies.
  259         Section 4. Paragraph (e) of subsection (1) of section
  260  409.1671, Florida Statutes, is amended to read:
  261         409.1671 Foster care and related services; outsourcing.—
  262         (1)
  263         (e) As used in this section, the term “eligible lead
  264  community-based provider” means a single agency with which the
  265  department shall contract for the provision of child protective
  266  services in a community that is no smaller than a county. The
  267  secretary of the department may authorize more than one eligible
  268  lead community-based provider within a single county when to do
  269  so will result in more effective delivery of foster care and
  270  related services. To compete for an outsourcing project, such
  271  agency must have:
  272         1. The ability to coordinate, integrate, and manage all
  273  child protective services in the designated community in
  274  cooperation with child protective investigations.
  275         2. The ability to ensure continuity of care from entry to
  276  exit for all children referred from the protective investigation
  277  and court systems.
  278         3. The ability to provide directly, or contract for through
  279  a local network of providers, all necessary child protective
  280  services. Such agencies should directly provide no more than 35
  281  percent of all child protective services provided.
  282         4. The willingness to accept accountability for meeting the
  283  outcomes and performance standards related to child protective
  284  services established by the Legislature and the Federal
  285  Government.
  286         5. The capability and the willingness to serve all children
  287  referred to it from the protective investigation and court
  288  systems, regardless of the level of funding allocated to the
  289  community by the state, provided all related funding is
  290  transferred.
  291         6. The willingness to ensure that each individual who
  292  provides child protective services completes the training
  293  required of child protective service workers by the Department
  294  of Children and Family Services.
  295         7. The ability to maintain eligibility to receive all
  296  federal child welfare funds, including Title IV-E and IV-A
  297  funds, currently being used by the Department of Children and
  298  Family Services.
  299         8. Written agreements with Healthy Families Florida lead
  300  entities in their community, pursuant to s. 409.153, to promote
  301  cooperative planning for the provision of prevention and
  302  intervention services.
  303         9. A board of directors, of which at least 51 percent of
  304  the membership is comprised of persons residing in this state.
  305  Of the state residents, at least 51 percent must also reside
  306  within the service area of the lead community-based provider.
  307         10. An alternative response to protective investigations
  308  program pursuant to s. 39.309.
  309         Section 5. Section 796.036, Florida Statutes, is created to
  310  read:
  311         796.036 Violations involving minors; reclassification.—
  312         (1) The felony or misdemeanor degree of any violation of
  313  this chapter, other than s. 796.03 or s. 796.035, in which a
  314  minor engages in prostitution, lewdness, assignation, sexual
  315  conduct, or other conduct as defined in or prohibited by this
  316  chapter, but the minor is not the person charged with the
  317  violation, is reclassified as provided in this section.
  318         (2) Offenses shall be reclassified as follows:
  319         (a) A misdemeanor of the second degree is reclassified to a
  320  misdemeanor of the first degree.
  321         (b) A misdemeanor of the first degree is reclassified to a
  322  felony of the third degree.
  323         (c) A felony of the third degree is reclassified to a
  324  felony of the second degree.
  325         (d) A felony of the second degree is reclassified to a
  326  felony of the first degree.
  327         (e) A felony of the first degree is reclassified to a life
  328  felony.
  329         Section 6. Subsection (3) is added to section 960.198,
  330  Florida Statutes, to read:
  331         960.198 Relocation assistance for victims of domestic
  332  violence.—
  333         (3) Relocation payments for a domestic violence claim shall
  334  be denied if the department has previously approved or paid out
  335  a sexual battery relocation claim under s. 960.199 to the same
  336  victim regarding the same incident.
  337         Section 7. Section 960.199, Florida Statutes, is created to
  338  read:
  339         960.199 Relocation assistance for victims of sexual
  340  battery.—
  341         (1) The department may award a one-time payment of up to
  342  $1,500 on any one claim and a lifetime maximum of $3,000 to a
  343  victim of sexual battery as defined in s. 794.011 who needs
  344  relocation assistance.
  345         (2) In order for an award to be granted to a victim for
  346  relocation assistance:
  347         (a) There must be proof that a sexual battery offense was
  348  committed.
  349         (b) The sexual battery offense must be reported to the
  350  proper authorities.
  351         (c) The victim’s need for assistance must be certified by a
  352  certified rape crisis center in this state.
  353         (d) The center certification must assert that the victim is
  354  cooperating with law enforcement officials, if applicable, and
  355  must include documentation that the victim has developed a
  356  safety plan.
  357         (e) The act of sexual battery must be committed in the
  358  victim’s place of residence or in a location that would lead the
  359  victim to reasonably fear for his or her continued safety in the
  360  place of residence.
  361         (3) Relocation payments for a sexual battery claim shall be
  362  denied if the department has previously approved or paid out a
  363  domestic violence relocation claim under s. 960.198 to the same
  364  victim regarding the same incident.
  365         Section 8. For the 2012-2013 state fiscal year, the sum of
  366  $1.5 million in recurring funds is appropriated from the General
  367  Revenue Fund to the Department of Legal Affairs, Office of the
  368  Attorney General, for the relocation of victims of sexual
  369  battery as provided in s. 960.199, Florida Statutes, as created
  370  by this act.
  371         Section 9. Subsection (12) is added to section 1012.98,
  372  Florida Statutes, to read:
  373         1012.98 School Community Professional Development Act.—
  374         (12) The department shall require all certified school
  375  personnel to participate in continuing education training
  376  programs provided by the Department of Children and Family
  377  Services relating to the identifying and reporting of child
  378  abuse and neglect.
  379         Section 10. This act shall take effect October 1, 2012.
  380  
  381  ================= T I T L E  A M E N D M E N T ================
  382  And the title is amended as follows:
  383  
  384         Delete everything before the enacting clause
  385  and insert:
  386                        A bill to be entitled                      
  387         An act relating to protection of vulnerable persons;
  388         amending s. 39.201, F.S.; revising language concerning
  389         child abuse reporting; requiring the Department of
  390         Children and Family Services to provide for web-chat
  391         and update other web-based forms for reporting child
  392         abuse, abandonment, or neglect; requiring a study on
  393         the use of short message format for the central abuse
  394         hotline; requiring the development of a public
  395         awareness campaign for the central abuse hotline;
  396         requiring the collection of statistical reports on
  397         child abuse and child sexual abuse on campuses of
  398         colleges and universities; amending s. 39.205, F.S.;
  399         increasing criminal penalties for knowingly and
  400         willfully failing to report known or suspected child
  401         abuse, abandonment, or neglect, or knowingly and
  402         willfully preventing another person from doing so;
  403         requiring specified educational institutions and their
  404         law enforcement agencies to report known or suspected
  405         child abuse, abandonment, or neglect in certain
  406         circumstances; providing financial penalties for
  407         violations; providing for challenges to findings of
  408         determinations; proving for a presumption in certain
  409         circumstances; creating s. 39.309, F.S.; requiring the
  410         department to develop and implement a program of
  411         social services and rehabilitative services for the
  412         parent or legal custodian of a child seeking
  413         assistance; amending s. 409.1671, F.S.; requiring
  414         eligible lead community-based providers to have
  415         alternative response to protective investigations
  416         programs pursuant to specified provisions; creating s.
  417         796.036, F.S.; providing for upward reclassification
  418         of certain prostitution offenses involving minors;
  419         amending s. 960.198, F.S.; providing for denial of
  420         relocation payment for a domestic violence claim if
  421         the Department of Legal Affairs has previously paid a
  422         sexual battery relocation claim to the same victim for
  423         the same incident; creating s. 960.199, F.S.;
  424         providing for relocation assistance payments to
  425         victims of sexual battery; providing criteria for
  426         awards; providing for denial of relocation payment for
  427         a sexual battery claim if the department has
  428         previously paid a domestic violence relocation claim
  429         to the same victim for the same incident; providing an
  430         appropriation; amending s. 1012.98, F.S.; providing a
  431         continuing education requirement for certain teachers
  432         on identifying and reporting child abuse and neglect;
  433         providing an effective date.