Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 1816
       
       
       
       
       
       
                                Barcode 901394                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2012           .                                
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       The Committee on Criminal Justice (Hays) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (48) through (76) of section 39.01,
    7  Florida Statutes, are renumbered as subsections (47) through
    8  (75), respectively, and present subsections (10) and (47) of
    9  that section are amended to read:
   10         39.01 Definitions.—When used in this chapter, unless the
   11  context otherwise requires:
   12         (10) “Caregiver” means the parent, legal custodian,
   13  permanent guardian, adult household member, or other person
   14  responsible for a child’s welfare as defined in subsection (47).
   15         (47) “Other person responsible for a child’s welfare”
   16  includes the child’s legal guardian or foster parent; an
   17  employee of any school, public or private child day care center,
   18  residential home, institution, facility, or agency; a law
   19  enforcement officer employed in any facility, service, or
   20  program for children that is operated or contracted by the
   21  Department of Juvenile Justice; or any other person legally
   22  responsible for the child’s welfare in a residential setting;
   23  and also includes an adult sitter or relative entrusted with a
   24  child’s care. For the purpose of departmental investigative
   25  jurisdiction, this definition does not include the following
   26  persons when they are acting in an official capacity: law
   27  enforcement officers, except as otherwise provided in this
   28  subsection; employees of municipal or county detention
   29  facilities; or employees of the Department of Corrections.
   30         Section 2. Paragraph (a) of subsection (1) and paragraph
   31  (a) of subsection (2) of section 39.201, Florida Statutes, are
   32  amended to read:
   33         39.201 Mandatory reports of child abuse, abandonment, or
   34  neglect; mandatory reports of death; central abuse hotline.—
   35         (1)(a) Any person who knows, or has reasonable cause to
   36  suspect, that a child is abused, abandoned, or neglected by any
   37  person a parent, legal custodian, caregiver, or other person
   38  responsible for the child’s welfare, as defined in this chapter,
   39  or that a child is in need of supervision and care and has no
   40  parent, legal custodian, or responsible adult relative
   41  immediately known and available to provide supervision and care,
   42  shall report such knowledge or suspicion to the department in
   43  the manner prescribed in subsection (2).
   44         (2)(a) Each report of known or suspected child abuse,
   45  abandonment, or neglect by any person a parent, legal custodian,
   46  caregiver, or other person responsible for the child’s welfare
   47  as defined in this chapter, except those solely under s.
   48  827.04(3), and each report that a child is in need of
   49  supervision and care and has no parent, legal custodian, or
   50  responsible adult relative immediately known and available to
   51  provide supervision and care shall be made immediately to the
   52  department’s central abuse hotline. Such reports may be made on
   53  the single statewide toll-free telephone number or via fax or
   54  web-based report. Personnel at the department’s central abuse
   55  hotline shall determine if the report received meets the
   56  statutory definition of child abuse, abandonment, or neglect.
   57  Any report meeting one of these definitions shall be accepted
   58  for the protective investigation pursuant to part III of this
   59  chapter. Any report of child abuse, abandonment, or neglect by a
   60  person other than the child’s caregiver as defined in s.
   61  39.01(10), shall be taken by the Florida Abuse Hotline and
   62  forwarded to the appropriate county sheriff’s office pursuant to
   63  paragraph (b).
   64         Section 3. Subsections (3) through (6) of section 39.205,
   65  Florida Statutes, are renumbered as subsections (5) through (8),
   66  respectively, and new subsections (3) and (4) are added to that
   67  section to read:
   68         39.205 Penalties relating to reporting of child abuse,
   69  abandonment, or neglect.—
   70         (3) Any Florida College System institution, state
   71  university, or nonpublic college, university, or school, as
   72  defined in s. 1000.21 or s. 1005.02, whose administrators,
   73  faculty, or staff knowingly and willfully fail to report known
   74  or suspected child abuse, abandonment, or neglect committed on
   75  the property of the institution, university, college, or school,
   76  or during an event or function sponsored by the institution,
   77  university, college, or school, or who knowingly and willfully
   78  prevent another person from doing so, shall be subject to fines
   79  of $1 million for each such failure and the loss of all state
   80  funding, including the funds under the Florida Resident Access
   81  Grant Program, for a period of 2 years.
   82         (4) Any Florida College System institution, state
   83  university, or nonpublic college, university, or school, as
   84  defined in s. 1000.21 or s. 1005.02, whose law enforcement
   85  agency fails to transmit to prosecutorial authorities any report
   86  of known or suspected child abuse, abandonment, or neglect
   87  committed on the property of the institution, university,
   88  college, or school, or during an event or function sponsored by
   89  the institution, university, college, or school, shall be
   90  subject to fines of $1 million for each such failure and the
   91  loss of all state funding, including the funds under the Florida
   92  Resident Access Grant Program, for a period of 2 years.
   93         Section 4. Subsection (1) of section 39.302, Florida
   94  Statutes, is amended to read:
   95         39.302 Protective investigations of institutional child
   96  abuse, abandonment, or neglect.—
   97         (1) The department shall conduct a child protective
   98  investigation of each report of institutional child abuse,
   99  abandonment, or neglect. Upon receipt of a report that alleges
  100  that an employee or agent of the department, or any other entity
  101  or person covered by s. 39.01(33) or (47), acting in an official
  102  capacity, has committed an act of child abuse, abandonment, or
  103  neglect, the department shall initiate a child protective
  104  investigation within the timeframe established under s.
  105  39.201(5) and orally notify the appropriate state attorney, law
  106  enforcement agency, and licensing agency, which shall
  107  immediately conduct a joint investigation, unless independent
  108  investigations are more feasible. When conducting investigations
  109  onsite or having face-to-face interviews with the child,
  110  investigation visits shall be unannounced unless it is
  111  determined by the department or its agent that unannounced
  112  visits threaten the safety of the child. If a facility is exempt
  113  from licensing, the department shall inform the owner or
  114  operator of the facility of the report. Each agency conducting a
  115  joint investigation is entitled to full access to the
  116  information gathered by the department in the course of the
  117  investigation. A protective investigation must include an onsite
  118  visit of the child’s place of residence. The department shall
  119  make a full written report to the state attorney within 3
  120  working days after making the oral report. A criminal
  121  investigation shall be coordinated, whenever possible, with the
  122  child protective investigation of the department. Any interested
  123  person who has information regarding the offenses described in
  124  this subsection may forward a statement to the state attorney as
  125  to whether prosecution is warranted and appropriate. Within 15
  126  days after the completion of the investigation, the state
  127  attorney shall report the findings to the department and shall
  128  include in the report a determination of whether or not
  129  prosecution is justified and appropriate in view of the
  130  circumstances of the specific case.
  131         Section 5. Section 796.036, Florida Statutes, is created to
  132  read:
  133         796.036 Violations involving minors; reclassification.—
  134         (1) The felony or misdemeanor degree of any violation of
  135  this chapter, other than s. 796.03 or s. 796.035, in which a
  136  minor engages in prostitution, lewdness, assignation, sexual
  137  conduct, or other conduct as defined in or prohibited by this
  138  chapter, but the minor is not the person charged with the
  139  violation, is reclassified as provided in this section.
  140         (2) Offenses shall be reclassified as follows:
  141         (a) A misdemeanor of the second degree is reclassified to a
  142  misdemeanor of the first degree.
  143         (b) A misdemeanor of the first degree is reclassified to a
  144  felony of the third degree.
  145         (c) A felony of the third degree is reclassified to a
  146  felony of the second degree.
  147         (d) A felony of the second degree is reclassified to a
  148  felony of the first degree.
  149         (e) A felony of the first degree is reclassified to a life
  150  felony.
  151         Section 6. Section 960.198, Florida Statutes, is amended to
  152  read:
  153         960.198 Relocation assistance for victims of domestic
  154  violence or sexual violence.—
  155         (1) Notwithstanding the criteria set forth in s. 960.13 for
  156  crime victim compensation awards, the department may award a
  157  one-time payment of up to $1,500 on any one claim and a lifetime
  158  maximum of $3,000 to a victim of domestic violence who needs
  159  immediate assistance to escape from a domestic violence
  160  environment or to a victim of sexual violence who reasonably
  161  fears for her or his safety.
  162         (2) In order for an award to be granted to a victim for
  163  relocation assistance:
  164         (a) There must be proof that a domestic violence or sexual
  165  violence offense was committed;
  166         (b) The domestic violence or sexual violence offense must
  167  be reported to the proper authorities;
  168         (c) The victim’s need for assistance must be certified by a
  169  certified domestic violence center or a certified rape crisis
  170  center in this state; and
  171         (d) The center certification must assert that the victim is
  172  cooperating with law enforcement officials, if applicable, and
  173  must include documentation that the victim has developed a
  174  safety plan.
  175         Section 7. Subsection (1) of section 794.056, Florida
  176  Statutes, is amended to read:
  177         794.056 Rape Crisis Program Trust Fund.—
  178         (1) The Rape Crisis Program Trust Fund is created within
  179  the Department of Health for the purpose of providing funds for
  180  rape crisis centers in this state. Trust fund moneys shall be
  181  used exclusively for the purpose of providing services for
  182  victims of sexual assault. Funds credited to the trust fund
  183  consist of those funds collected as an additional court
  184  assessment in each case in which a defendant pleads guilty or
  185  nolo contendere to, or is found guilty of, regardless of
  186  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  187  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  188  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  189  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  190  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  191  s. 796.03; s. 796.035; s. 796.04; s. 796.045; s. 796.05; s.
  192  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  193  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  194  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  195  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  196  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
  197  fund also shall include revenues provided by law, moneys
  198  appropriated by the Legislature, and grants from public or
  199  private entities.
  200         Section 8. Section 938.085, Florida Statutes, is amended to
  201  read:
  202         938.085 Additional cost to fund rape crisis centers.—In
  203  addition to any sanction imposed when a person pleads guilty or
  204  nolo contendere to, or is found guilty of, regardless of
  205  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  206  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  207  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  208  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  209  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
  210  s. 796.035; s. 796.04; s. 796.045; s. 796.05; s. 796.06; s.
  211  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  212  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  213  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  214  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  215  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  216  $151. Payment of the surcharge shall be a condition of
  217  probation, community control, or any other court-ordered
  218  supervision. The sum of $150 of the surcharge shall be deposited
  219  into the Rape Crisis Program Trust Fund established within the
  220  Department of Health by chapter 2003-140, Laws of Florida. The
  221  clerk of the court shall retain $1 of each surcharge that the
  222  clerk of the court collects as a service charge of the clerk’s
  223  office.
  224         Section 9. This act shall take effect October 1, 2012.
  225  
  226  ================= T I T L E  A M E N D M E N T ================
  227         And the title is amended as follows:
  228         Delete everything before the enacting clause
  229  and insert:
  230                        A bill to be entitled                      
  231         An act relating to protection of vulnerable persons;
  232         amending s. 39.01, F.S.; deleting the definition of
  233         the term “other person responsible for a child’s
  234         welfare”; conforming provisions; amending s. 39.201,
  235         F.S.; revising provisions concerning child abuse
  236         reporting; amending s. 39.205, F.S.; requiring
  237         specified educational institutions and their law
  238         enforcement agencies to report known or suspected
  239         child abuse, abandonment, or neglect in certain
  240         circumstances; providing financial penalties for
  241         violations; amending s. 39.302, F.S.; conforming a
  242         cross-reference; creating s. 796.036, F.S.; providing
  243         for upward reclassification of certain prostitution
  244         offenses involving minors; amending s. 960.198, F.S.;
  245         providing for relocation assistance for certain
  246         victims of sexual violence; amending ss. 794.056 and
  247         938.085, F.S.; conforming cross-references; providing
  248         an effective date.