HB 49

1	A bill to be entitled
2	An act relating to offenses related to a child's
3	disappearance; providing a short title; requiring a
4	parent, legal guardian, or caretaker of a minor child
5	under a specified age to notify a law enforcement
6	agency in a timely manner of the child's disappearance
7	in certain circumstances; providing criminal
8	penalties; providing a duty for a parent, legal
9	guardian, or caretaker of a minor child to report the
10	death of a minor child under specified circumstances
11	to a medical examiner; prohibiting certain acts
12	relating to the investigation of the death; providing
13	criminal penalties; prohibiting a parent, legal
14	guardian, or caretaker of a minor child from providing
15	intentionally false or misleading information to
16	authorities during the investigation of the missing
17	child if the information misdirects or prolongs the
18	investigation; providing criminal penalties; providing
19	for restitution of certain expenses of investigation
20	and prosecution; providing an effective date.
21
22	Be It Enacted by the Legislature of the State of Florida:
23
24	Section 1.  This act may be cited as "Caylee's Law."
25	Section 2.  Disappearance of a child; notification.-A
26	parent, legal guardian, or caretaker of a minor child in his or
27	her care who is 12 years of age or younger who fails to notify a
28	law enforcement agency in a timely manner of a child's
29	disappearance when he or she:
30	(1)  Knows that the minor child is missing; and
31	(2)  Knows or reasonably should know that the child is
32	potentially in danger of death or serious injury
33
34	commits a felony of the third degree, punishable as provided in
35	s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.
36	Section 3.  Death of a minor child; duty to report;
37	prohibited acts.-It is the duty of a parent, legal guardian, or
38	caretaker of a minor child who becomes aware of the death of the
39	minor child occurring under the circumstances described in s.
40	406.11, Florida Statutes, to report such death and circumstances
41	forthwith to the district medical examiner in the district where
42	the parent, caretaker, or guardian believes the death of the
43	minor child is most likely to have occurred, including all
44	municipalities and unincorporated and federal areas. Any such
45	parent, legal guardian, or caretaker who knowingly fails or
46	refuses to report such death and circumstances, who refuses to
47	make available prior medical or other information pertinent to
48	the death investigation, or who, without an order from the
49	office of the district medical examiner, willfully touches,
50	removes, or disturbs the body, clothing, or any other thing on
51	or near the body with the intent to alter the evidence or
52	circumstances surrounding the death commits a felony of the
53	third degree, punishable as provided in s. 775.082, s. 775.083,
54	or s. 775.084, Florida Statutes.
55	Section 4.  Providing false information during missing
56	child investigation.-A parent, legal guardian, or caretaker of a
57	minor child who provides intentionally false or misleading
58	information to authorities during the investigation of the
59	missing, potentially missing, or minor child found to be missing
60	whose false or misleading information misdirects or prolongs the
61	investigation commits a felony of the third degree, punishable
62	as provided in s. 775.082, s. 775.083, or s. 775.084, Florida
63	Statutes. In addition to any such punishment, a person convicted
64	of a violation of this section shall provide restitution for all
65	costs of the missing child investigation and prosecution for
66	offenses committed related thereto regardless of whether the
67	person who violated this section is convicted of any additional
68	offenses related to the missing child or the investigation.
69	Section 5.  This act shall take effect July 1, 2012.

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