Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1214
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2019           .                                

       The Committee on Children, Families, and Elder Affairs (Book)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (8) through (12) of section
    6  39.01, Florida Statutes, are redesignated as subsections (7)
    7  through (11), respectively, a new subsection (12) is added to
    8  that section, and present subsection (7) of that section is
    9  amended, to read:
   10         39.01 Definitions.—When used in this chapter, unless the
   11  context otherwise requires:
   12         (7) “Juvenile sexual abuse” means any sexual behavior by a
   13  child which occurs without consent, without equality, or as a
   14  result of coercion. For purposes of this subsection, the
   15  following definitions apply:
   16         (a) “Coercion” means the exploitation of authority or the
   17  use of bribes, threats of force, or intimidation to gain
   18  cooperation or compliance.
   19         (b) “Equality” means two participants operating with the
   20  same level of power in a relationship, neither being controlled
   21  nor coerced by the other.
   22         (c) “Consent” means an agreement, including all of the
   23  following:
   24         1. Understanding what is proposed based on age, maturity,
   25  developmental level, functioning, and experience.
   26         2. Knowledge of societal standards for what is being
   27  proposed.
   28         3. Awareness of potential consequences and alternatives.
   29         4. Assumption that agreement or disagreement will be
   30  accepted equally.
   31         5. Voluntary decision.
   32         6. Mental competence.
   34  Juvenile sexual behavior ranges from noncontact sexual behavior
   35  such as making obscene phone calls, exhibitionism, voyeurism,
   36  and the showing or taking of lewd photographs to varying degrees
   37  of direct sexual contact, such as frottage, fondling, digital
   38  penetration, rape, fellatio, sodomy, and various other sexually
   39  aggressive acts.
   40         (12)(a)“Child-on-child sexual abuse” means sexual activity
   41  between children and without the direct involvement of an adult
   42  which:
   43         1. Is overt and deliberate;
   44         2. Is directed at sexual stimulation; and
   45         3.a. Occurs without consent or without equality mentally,
   46  physically, or in age; or
   47         b. Occurs as a result of physical or emotional coercion.
   48         (b)For purposes of this subsection, the following
   49  definitions apply:
   50         1. “Coercion” means the exploitation of authority or the
   51  use of bribes, threats of force, or intimidation to gain
   52  cooperation or compliance.
   53         2. “Consent” means an agreement including all of the
   54  following:
   55         a. Understanding of what is proposed which is based on age,
   56  maturity, and developmental level.
   57         b. Knowledge of societal standards for what is being
   58  proposed.
   59         c. Awareness of the potential consequences.
   60         d. Assumption that participation or non-participation will
   61  be accepted equally.
   62         e. Voluntary decision.
   63         f. Mental competence.
   64         3. “Equality” means two participants operating with the
   65  same level of power in a relationship, without one being
   66  controlled or coerced by the other.
   68  The term includes both noncontact sexual behavior, such as
   69  making obscene phone calls, exhibitionism, voyeurism, and the
   70  showing or taking of lewd photographs, and direct sexual
   71  contact, such as frottage, fondling, digital penetration, rape,
   72  fellatio, sodomy, and various other sexually aggressive acts.
   73  Child-on-child sexual abuse does not include normative sexual
   74  play or anatomical curiosity and exploration.
   75         Section 2. Section 39.101, Florida Statutes, is created to
   76  read:
   77         39.101 Central abuse hotline.—The central abuse hotline is
   78  the first step in the safety assessment and investigation
   79  process.
   80         (1)ESTABLISHMENT AND OPERATION.The department shall
   81  establish and maintain a central abuse hotline capable of
   82  receiving, 24 hours a day, 7 days a week, all reports of known
   83  or suspected child abuse, abandonment, or neglect and reports
   84  that a child is in need of supervision and care and has no
   85  parent, legal custodian, or responsible adult relative
   86  immediately known and available to provide supervision and care
   87  when such reports are made pursuant to s. 39.201. Reports may be
   88  made in writing, through a single statewide toll-free telephone
   89  number, or through electronic reporting. Any person may use any
   90  of these methods to make a report at any hour of the day or
   91  night, on any day of the week.
   92         (a) If it appears that the immediate safety or well-being
   93  of a child is endangered, that the family may flee or the child
   94  will be unavailable for purposes of conducting a child
   95  protective investigation, or that the facts otherwise so
   96  warrant, the department must commence an investigation
   97  immediately, regardless of the time of day or night.
   98         (b) In all other child abuse, abandonment, or neglect
   99  cases, a child protective investigation must be commenced within
  100  24 hours after receipt of the report.
  101         (2)GENERAL REQUIREMENTS.The central abuse hotline must be
  102  operated in such a manner as to enable the department to:
  103         (a)Accept reports for investigation when there is a
  104  reasonable cause to suspect that a child has been or is being
  105  abused or neglected or has been abandoned.
  106         (b) Determine whether the allegations made by the reporter
  107  require an immediate or a 24-hour response priority.
  108         (c) Immediately identify and locate prior reports or cases
  109  of child abuse, abandonment, or neglect through the use of the
  110  department’s automated tracking system.
  111         (d) Track critical steps in the investigative process to
  112  ensure compliance with all requirements for any report of abuse,
  113  abandonment, or neglect.
  114         (e) When appropriate, refer calls that do not allege the
  115  abuse, neglect, or abandonment of a child to other organizations
  116  that may better resolve the reporter’s concerns.
  117         (f) Serve as a resource for the evaluation, management, and
  118  planning of preventive and remedial services for children who
  119  have been subject to abuse, abandonment, or neglect.
  120         (g) Initiate and enter into agreements with other states
  121  for the purposes of gathering and sharing information contained
  122  in reports on child maltreatment to further enhance programs for
  123  the protection of children.
  125  The department shall promote public awareness of the central
  126  abuse hotline through community-based partner organizations and
  127  public service campaigns.
  128         (3)COLLECTION OF INFORMATION AND DATA.—The department
  129  shall:
  130         (a)Voice-record all incoming or outgoing calls that are
  131  received or placed by the central abuse hotline which relate to
  132  suspected or known child abuse, neglect, or abandonment. The
  133  department shall maintain an electronic copy of each electronic
  134  report. The recording or electronic copy of each electronic
  135  report must become a part of the record of the report but,
  136  notwithstanding s. 39.202, must be released in full only to law
  137  enforcement agencies and state attorneys for the purposes of
  138  investigating and prosecuting criminal charges pursuant to s.
  139  39.205, or to employees of the department for the purposes of
  140  investigating and seeking administrative penalties pursuant to
  141  s. 39.206. This paragraph does not prohibit hotline staff from
  142  using the recordings or the electronic reports for quality
  143  assurance or training.
  144         (b)Secure and install electronic equipment that
  145  automatically provides to the hotline the number from which the
  146  call or fax is placed or the Internet protocol address from
  147  which the report is received. This number shall be entered into
  148  the report of abuse, abandonment, or neglect and become a part
  149  of the record of the report, but shall enjoy the same
  150  confidentiality as provided to the identity of the reporter
  151  pursuant to s. 39.202.
  152         (c)1.Update the web form used for reporting child abuse,
  153  abandonment, or neglect to include qualifying questions in order
  154  to obtain necessary information required to assess need and a
  155  response.
  156         2. The report must be made available to the counselors in
  157  its entirety as needed to update the Florida Safe Families
  158  Network or other similar systems.
  159         (d) Monitor and evaluate the effectiveness of the
  160  department’s program for the reporting and investigating of
  161  suspected abuse, abandonment, or neglect of children through the
  162  development and analysis of statistical and other information.
  163         (e) Maintain and produce aggregate statistical reports
  164  monitoring patterns of child abuse, child abandonment, and child
  165  neglect. The department shall collect and analyze child-on-child
  166  sexual abuse reports and include such information in the
  167  aggregate statistical reports. The department shall collect and
  168  analyze, in separate statistical reports, those reports of child
  169  abuse and sexual abuse which are reported from or which occurred
  170  on the campus of any Florida College System institution or state
  171  university, as those terms are defined in s. 10021, or any
  172  school, as defined in s. 1005.02.
  173         (4)EMPLOYMENT SCREENING.Information received by the
  174  central abuse hotline may not be used for employment screening,
  175  except as provided in s. 39.202(2)(a) and (h) or s. 402.302(15).
  176         (a)Information in the central abuse hotline and the
  177  department’s automated abuse information system may be used by
  178  the department, its authorized agents or contract providers, the
  179  Department of Health, or county agencies as part of the
  180  licensure or registration process pursuant to ss. 402.301
  181  402.319 and ss. 409.175-409.176.
  182         (b)Information in the central abuse hotline may also be
  183  used by the Department of Education for purposes of educator
  184  certification discipline and review pursuant to s. 39.202(2)(q).
  185         (5) QUALITY ASSURANCE.—On an ongoing basis, the
  186  department’s quality assurance program shall review screened-out
  187  reports involving three or more unaccepted reports on a single
  188  child, where jurisdiction applies, in order to detect such
  189  things as harassment and situations that warrant an
  190  investigation because of the frequency of the reports or the
  191  variety of the sources of the reports. A component of the
  192  quality assurance program must analyze unaccepted reports to the
  193  hotline by identified relatives as a part of the review of
  194  screened-out calls. The Assistant Secretary for Child Welfare
  195  may refer a case for investigation when it is determined, as a
  196  result of such review, that an investigation may be warranted.
  197         Section 3. Section 39.201, Florida Statutes, is amended to
  198  read:
  199         (Substantial rewording of section. See
  200         s. 39.201, F.S., for present text.)
  201         39.201 Mandatory reports of child abuse, abandonment, or
  202  neglect; mandatory reports of death; central abuse hotline.—
  203         (1)MANDATORY REPORTING.—
  204         (a) Any person who knows, or has reasonable cause to
  205  suspect, that any of the following has occurred shall report
  206  such knowledge or suspicion to the central abuse hotline on the
  207  single statewide toll-free telephone number or by electronic
  208  report pursuant to s. 39.101:
  209         1.Child abuse, neglect, or abandonment by a parent or
  210  caregiver.A child is abused, abandoned, or neglected by a
  211  parent, legal custodian, caregiver, or other person responsible
  212  for the child’s welfare, or that a child is in need of
  213  supervision and care and has no parent, legal custodian, or
  214  responsible adult relative immediately known and available to
  215  provide supervision and care.
  216         a.Personnel at the department’s central abuse hotline
  217  shall determine if the report received meets the statutory
  218  definition of child abuse, abandonment, or neglect. Any report
  219  meeting one of these definitions must be accepted for protective
  220  investigation pursuant to part III of this chapter.
  221         b.Any call received from a parent or legal custodian
  222  seeking assistance for himself or herself which does not meet
  223  the criteria for being a report of child abuse, abandonment, or
  224  neglect may be accepted by the hotline for response to
  225  ameliorate a potential future risk of harm to a child.
  226         c.If it is determined by a child welfare professional that
  227  a need for community services exists, the department must refer
  228  the parent or legal custodian for appropriate voluntary
  229  community services.
  230         2.Child abuse by a non-caregiver.A child is abused by an
  231  adult other than a parent, legal custodian, caregiver, or other
  232  person responsible for the child’s welfare. Such reports must be
  233  immediately electronically transferred to the appropriate county
  234  sheriff’s office by the central abuse hotline.
  235         3.Child-on-child sexual abuse.—A child, including a child
  236  who is in the custody of the department, is the victim of child
  237  on-child sexual abuse.
  238         a. The central abuse hotline shall immediately
  239  electronically transfer the report to the appropriate county
  240  sheriff’s office. The department shall conduct an assessment,
  241  assist the family in receiving appropriate services pursuant to
  242  s. 39.307, and send a written report of the allegation to the
  243  appropriate county sheriff’s office within 48 hours after the
  244  initial report is made to the central abuse hotline.
  245         b. The department shall ensure that the facts and results
  246  of any investigation of child-on-child sexual abuse involving a
  247  child in the custody of or under the protective supervision of
  248  the department are made known to the court at the next hearing
  249  or included in the next report to the court concerning the
  250  child.
  251         (b)While central abuse hotline counselors are required to
  252  receive periodic training in encouraging all reporters to
  253  provide their names when making a report and are required to
  254  advise callers that the names of reporters must be entered into
  255  the record of the report but are held confidential and exempt as
  256  provided in s. 39.202, any reporter in the following
  257  occupational categories is required to provide his or her name
  258  to the central abuse hotline staff:
  259         1. Physician, osteopathic physician, medical examiner,
  260  chiropractic physician, nurse, or hospital personnel engaged in
  261  the admission, examination, care, or treatment of persons;
  262         2. Health professional or mental health professional other
  263  than ones listed in subparagraph 1.;
  264         3. Practitioner who relies solely on spiritual means for
  265  healing;
  266         4. School teacher or other school official or personnel;
  267         5. Social worker, day care center worker, or other
  268  professional child care worker, foster care worker, residential
  269  worker, or institutional worker;
  270         6. Law enforcement officer;
  271         7. Judge; or
  272         8.Animal control officer as defined in s. 828.27 or agents
  273  appointed under s. 828.03.
  275         (a)Abuse occurring out of state.If a report is of an
  276  instance of known or suspected child abuse, abandonment, or
  277  neglect that occurred out of state and the alleged perpetrator
  278  and the child alleged to be a victim live out of state, the
  279  central abuse hotline may not accept the report or call for
  280  investigation and shall transfer the information on the report
  281  to the appropriate state.
  282         (b)Abuse involving impregnation of a child.If the report
  283  is of an instance of known or suspected child abuse involving
  284  impregnation of a child under 16 years of age by a person 21
  285  years of age or older solely under s. 827.04(3), and such person
  286  is not a caregiver, the report must be immediately
  287  electronically transferred to the appropriate county sheriff’s
  288  office by the central abuse hotline.
  289         (c)Institutional child abuse or neglect.—Reports involving
  290  known or suspected institutional child abuse or neglect, as
  291  defined in s. 39.01, must be made and received in the same
  292  manner as all other reports made pursuant to this section.
  293         (d)Surrendered newborn infants.Reports involving
  294  surrendered newborn infants as described in s. 383.50 must be
  295  made and received by the department.
  296         1. If the report is of a surrendered newborn infant as
  297  described in s. 383.50 and there is no indication of abuse,
  298  neglect, or abandonment other than that necessarily entailed in
  299  the infant having been left at a hospital, emergency medical
  300  services station, or fire station, the department shall provide
  301  to the caller the name of a licensed child-placing agency on a
  302  rotating basis from a list of licensed child-placing agencies
  303  eligible and required to accept physical custody of and to place
  304  newborn infants left at a hospital, emergency medical services
  305  station, or fire station. The report may not be considered a
  306  report of abuse, neglect, or abandonment solely because the
  307  infant has been left at a hospital, emergency medical services
  308  station, or fire station pursuant to s. 383.50.
  309         2. If the report includes indications of abuse or neglect
  310  beyond that necessarily entailed in the infant having been left
  311  at a hospital, emergency medical services station, or fire
  312  station, the report must be considered as a report of abuse,
  313  neglect, or abandonment and must be subject to the requirements
  314  of s. 39.395 and all other relevant provisions of this chapter,
  315  notwithstanding chapter 383.
  316         (3)EXCEPTIONS TO REPORTING.—
  317         (a) An additional report of child abuse, abandonment, or
  318  neglect does not have to be made by:
  319         1.A professional who is hired by or who enters into a
  320  contract with the department for the purpose of treating or
  321  counseling any person as a result of a report of child abuse,
  322  abandonment, or neglect if such person was the subject of the
  323  referral for treatment.
  324         2.An officer or employee of the judicial branch when the
  325  child is currently being investigated by the department, when
  326  there is an existing dependency case, or when the matter has
  327  previously been reported to the department, if there is
  328  reasonable cause to believe that the information is already
  329  known to the department. This subparagraph applies only when the
  330  information has been provided to the officer or employee in the
  331  course of carrying out his or her official duties.
  332         3.An officer or employee of a law enforcement agency when
  333  the incident under investigation by the law enforcement agency
  334  was reported to law enforcement by the central abuse hotline
  335  through the electronic transfer of the report or call. The
  336  department’s central abuse hotline is not required to
  337  electronically transfer calls and reports received pursuant to
  338  paragraph (2)(b) to the county sheriff’s office if the matter
  339  was initially reported to the department by the county sheriff’s
  340  office or by another law enforcement agency. This subparagraph
  341  applies only when the information related to the alleged child
  342  abuse has been provided to the officer or employee of a law
  343  enforcement agency or central abuse hotline employee in the
  344  course of carrying out his or her official duties.
  345         (b) Nothing in this chapter or in the contracting with
  346  community-based care providers for foster care and related
  347  services as specified in s. 409.987 may be construed to remove
  348  or reduce the duty and responsibility of any person, including
  349  any employee of the community-based care provider, to report a
  350  suspected or actual case of child abuse, abandonment, or neglect
  351  or the sexual abuse of a child to the department’s central abuse
  352  hotline.
  353         (4) MANDATORY REPORTS OF A CHILD DEATH.Any person required
  354  to report or investigate cases of suspected child abuse,
  355  abandonment, or neglect who has reasonable cause to suspect that
  356  a child died as a result of child abuse, abandonment, or neglect
  357  shall report his or her suspicion to the appropriate medical
  358  examiner. The medical examiner shall accept the report for
  359  investigation and shall report his or her findings, in writing,
  360  to the local law enforcement agency, the appropriate state
  361  attorney, and the department. Autopsy reports maintained by the
  362  medical examiner are not subject to the confidentiality
  363  requirements provided for in s. 39.202.
  364         Section 4. Subsections (1) and (2) of section 39.302,
  365  Florida Statutes, are amended to read:
  366         39.302 Protective investigations of institutional child
  367  abuse, abandonment, or neglect.—
  368         (1) The department shall conduct a child protective
  369  investigation of each report of institutional child abuse,
  370  abandonment, or neglect. Upon receipt of a report that alleges
  371  that an employee or agent of the department, or any other entity
  372  or person covered by s. 39.01(37) or (54), acting in an official
  373  capacity, has committed an act of child abuse, abandonment, or
  374  neglect, the department shall initiate a child protective
  375  investigation within the timeframe established under s.
  376  39.101(1) s. 39.201(5) and notify the appropriate state
  377  attorney, law enforcement agency, and licensing agency, which
  378  shall immediately conduct a joint investigation, unless
  379  independent investigations are more feasible. When conducting
  380  investigations or having face-to-face interviews with the child,
  381  investigation visits shall be unannounced unless it is
  382  determined by the department or its agent that unannounced
  383  visits threaten the safety of the child. If a facility is exempt
  384  from licensing, the department shall inform the owner or
  385  operator of the facility of the report. Each agency conducting a
  386  joint investigation is entitled to full access to the
  387  information gathered by the department in the course of the
  388  investigation. A protective investigation must include an
  389  interview with the child’s parent or legal guardian. The
  390  department shall make a full written report to the state
  391  attorney within 3 working days after making the oral report. A
  392  criminal investigation shall be coordinated, whenever possible,
  393  with the child protective investigation of the department. Any
  394  interested person who has information regarding the offenses
  395  described in this subsection may forward a statement to the
  396  state attorney as to whether prosecution is warranted and
  397  appropriate. Within 15 days after the completion of the
  398  investigation, the state attorney shall report the findings to
  399  the department and shall include in the report a determination
  400  of whether or not prosecution is justified and appropriate in
  401  view of the circumstances of the specific case.
  402         (2)(a) If in the course of the child protective
  403  investigation, the department finds that a subject of a report,
  404  by continued contact with children in care, constitutes a
  405  threatened harm to the physical health, mental health, or
  406  welfare of the children, the department may restrict a subject’s
  407  access to the children pending the outcome of the investigation.
  408  The department or its agent shall employ the least restrictive
  409  means necessary to safeguard the physical health, mental health,
  410  and welfare of the children in care. This authority shall apply
  411  only to child protective investigations in which there is some
  412  evidence that child abuse, abandonment, or neglect has occurred.
  413  A subject of a report whose access to children in care has been
  414  restricted is entitled to petition the circuit court for
  415  judicial review. The court shall enter written findings of fact
  416  based upon the preponderance of evidence that child abuse,
  417  abandonment, or neglect did occur and that the department’s
  418  restrictive action against a subject of the report was justified
  419  in order to safeguard the physical health, mental health, and
  420  welfare of the children in care. The restrictive action of the
  421  department shall be effective for no more than 90 days without a
  422  judicial finding supporting the actions of the department.
  423         (b)In an institutional investigation, the alleged
  424  perpetrator may be represented by an attorney, at his or her own
  425  expense, or may be accompanied by another person, if the
  426  attorney or the person executes an affidavit of understanding
  427  with the department and agrees to comply with the
  428  confidentiality requirements under s. 39.202. The absence of an
  429  attorney or an accompanying person does not prevent the
  430  department from proceeding with other aspects of the
  431  investigation, including interviews with other persons. In
  432  institutional child abuse cases when the institution is not
  433  operational and the child cannot otherwise be located, the
  434  investigation must commence immediately upon the resumption of
  435  operation. If requested by a state attorney or local law
  436  enforcement agency, the department shall furnish all
  437  investigative reports to such state attorney or agency.
  438         (c)(b) Upon completion of the department’s child protective
  439  investigation, the department may make application to the
  440  circuit court for continued restrictive action against any
  441  person necessary to safeguard the physical health, mental
  442  health, and welfare of the children in care.
  443         Section 5. Section 828.075, Florida Statutes, is created to
  444  read:
  445         828.075 Cross-reporting child and animal abuse and
  446  cruelty.—
  447         (1) The purpose of this section is to recognize the
  448  importance of the strong link between child abuse and animal
  449  abuse and cruelty.
  450         (2) Any person who is required to investigate child abuse,
  451  abandonment, or neglect under chapter 39 and who knows or has
  452  reasonable cause to suspect that abuse, neglect, cruelty, or
  453  abandonment of an animal has occurred must report such knowledge
  454  or suspicion within 24 hours to the local animal control officer
  455  or an agent appointed under s. 828.03. If no local animal
  456  control officer or agent exists, the report must be made to the
  457  appropriate local law enforcement agency.
  458         (3) The report must include all of the following
  459  information:
  460         (a) A description of the animal.
  461         (b) A description of any injury, cruelty, or abuse of the
  462  animal, including any evidence of prior injury, cruelty, or
  463  abuse of the animal or of other animals.
  464         (c) Any evidence of neglect or abandonment of the animal,
  465  including any evidence of prior neglect or abandonment of the
  466  animal or of other animals.
  467         (d) The name and address of the person or persons alleged
  468  to be responsible for causing the injury, abuse, neglect,
  469  cruelty, or abandonment of the animal.
  470         (e) The source of the report.
  471         (f) Any action taken by the reporting source with regard to
  472  the injury, abuse, neglect, cruelty, or abandonment of the
  473  animal.
  474         (g) The name, address, and telephone number of the person
  475  making the report.
  476         (4) A person who is required to report known or suspected
  477  abuse, neglect, cruelty, or abandonment of an animal and who
  478  knowingly and willfully fails to do so commits a misdemeanor of
  479  the second degree, punishable as provided in s. 775.082 or s.
  480  775.083.
  481         (5) The Department of Children and Families’ training
  482  program for persons who are required to investigate child abuse,
  483  abandonment, or neglect must include training on identifying
  484  harm to, neglect of, and cruelty toward animals and on the
  485  strong link between animal abuse and cruelty and child welfare
  486  case practice.
  487         Section 6. Paragraph (a) of subsection (4) of section
  488  828.27, Florida Statutes, is amended to read:
  489         828.27 Local animal control or cruelty ordinances;
  490  penalty.—
  491         (4)(a)1. County-employed animal control officers must, and
  492  municipally employed animal control officers may, successfully
  493  complete a 40-hour minimum standards training course. Such
  494  course must include, but is not limited to, training for: animal
  495  cruelty investigations;, search and seizure;, animal handling;,
  496  courtroom demeanor;, and civil citations; and detecting child
  497  abuse, neglect, and abandonment. The course curriculum must be
  498  approved by the Florida Animal Control Association. An animal
  499  control officer who successfully completes such course shall be
  500  issued a certificate indicating that he or she has received a
  501  passing grade.
  502         2. Any animal control officer who is authorized before
  503  January 1, 1990, by a county or municipality to issue citations
  504  is not required to complete the minimum standards training
  505  course.
  506         3. In order to maintain valid certification, every 2 years
  507  each certified animal control officer must complete 4 hours of
  508  postcertification continuing education training. Such training
  509  may include, but is not limited to, training for: animal cruelty
  510  investigations, search and seizure, animal handling, courtroom
  511  demeanor, and civil citations.
  512         Section 7. Subsection (1) and paragraph (a) of subsection
  513  (2) of section 39.307, Florida Statutes, are amended to read:
  514         39.307 Reports of child-on-child sexual abuse.—
  515         (1) Upon receiving a report alleging child-on-child
  516  juvenile sexual abuse or inappropriate sexual behavior as
  517  defined in s. 39.01, the department shall assist the family,
  518  child, and caregiver in receiving appropriate services to
  519  address the allegations of the report.
  520         (a) The department shall ensure that information describing
  521  the child’s history of child sexual abuse is included in the
  522  child’s electronic record. This record must also include
  523  information describing the services the child has received as a
  524  result of his or her involvement with child sexual abuse.
  525         (b) Placement decisions for a child who has been involved
  526  with child sexual abuse must include consideration of the needs
  527  of the child and any other children in the placement.
  528         (c) The department shall monitor the occurrence of child
  529  sexual abuse and the provision of services to children involved
  530  in child-on-child child sexual abuse or juvenile sexual abuse,
  531  or who have displayed inappropriate sexual behavior.
  532         (2) The department, contracted sheriff’s office providing
  533  protective investigation services, or contracted case management
  534  personnel responsible for providing services, at a minimum,
  535  shall adhere to the following procedures:
  536         (a) The purpose of the response to a report alleging child
  537  on-child juvenile sexual abuse behavior or inappropriate sexual
  538  behavior shall be explained to the caregiver.
  539         1. The purpose of the response shall be explained in a
  540  manner consistent with legislative purpose and intent provided
  541  in this chapter.
  542         2. The name and office telephone number of the person
  543  responding shall be provided to the caregiver of the alleged
  544  abuser or child who has exhibited inappropriate sexual behavior
  545  and the victim’s caregiver.
  546         3. The possible consequences of the department’s response,
  547  including outcomes and services, shall be explained to the
  548  caregiver of the alleged abuser or child who has exhibited
  549  inappropriate sexual behavior and the victim’s caregiver.
  550         Section 8. Subsection (6) of section 39.301, Florida
  551  Statutes, is amended to read:
  552         39.301 Initiation of protective investigations.—
  553         (6) Upon commencing an investigation under this part, if a
  554  report was received from a reporter under s. 39.201(1)(a)2. s.
  555  39.201(1)(b), the protective investigator must provide his or
  556  her contact information to the reporter within 24 hours after
  557  being assigned to the investigation. The investigator must also
  558  advise the reporter that he or she may provide a written summary
  559  of the report made to the central abuse hotline to the
  560  investigator which shall become a part of the electronic child
  561  welfare case file.
  562         Section 9. Paragraph (g) of subsection (2) of section
  563  934.03, Florida Statutes, is amended to read:
  564         934.03 Interception and disclosure of wire, oral, or
  565  electronic communications prohibited.—
  566         (2)
  567         (g) It is lawful under this section and ss. 934.04-934.09
  568  for an employee of:
  569         1. An ambulance service licensed pursuant to s. 401.25, a
  570  fire station employing firefighters as defined by s. 633.102, a
  571  public utility, a law enforcement agency as defined by s.
  572  934.02(10), or any other entity with published emergency
  573  telephone numbers;
  574         2. An agency operating an emergency telephone number “911”
  575  system established pursuant to s. 365.171; or
  576         3. The central abuse hotline operated pursuant to s. 39.101
  577  s. 39.201
  579  to intercept and record incoming wire communications; however,
  580  such employee may intercept and record incoming wire
  581  communications on designated “911” telephone numbers and
  582  published nonemergency telephone numbers staffed by trained
  583  dispatchers at public safety answering points only. It is also
  584  lawful for such employee to intercept and record outgoing wire
  585  communications to the numbers from which such incoming wire
  586  communications were placed when necessary to obtain information
  587  required to provide the emergency services being requested. For
  588  the purpose of this paragraph, the term “public utility” has the
  589  same meaning as provided in s. 366.02 and includes a person,
  590  partnership, association, or corporation now or hereafter owning
  591  or operating equipment or facilities in the state for conveying
  592  or transmitting messages or communications by telephone or
  593  telegraph to the public for compensation.
  594         Section 10. This act shall take effect July 1, 2019.
  596  ================= T I T L E  A M E N D M E N T ================
  597  And the title is amended as follows:
  598         Delete everything before the enacting clause
  599  and insert:
  600                        A bill to be entitled                      
  601         An act relating to child abuse, abandonment, and
  602         neglect; amending s. 39.01, F.S.; deleting the term
  603         “juvenile sexual abuse”; defining the term “child-on
  604         child sexual abuse”; creating s. 39.101, F.S.;
  605         relocating provisions relating to the central abuse
  606         hotline of the Department of Children and Families;
  607         providing additional requirements relating to the
  608         hotline; amending s. 39.201, F.S.; requiring animal
  609         control officers and certain agents to provide their
  610         names to hotline staff; revising requirements relating
  611         to reports of abuse involving impregnation of
  612         children; amending s. 39.302, F.S.; conforming a
  613         cross-reference; relocating provisions relating to the
  614         representation of alleged perpetrators in
  615         institutional investigations; creating s. 828.075,
  616         F.S.; providing a purpose; requiring individuals who
  617         are required to investigate child abuse, abandonment,
  618         or neglect to also report certain animal abuse to
  619         specified persons or agencies; requiring that the
  620         report include certain information; providing a
  621         criminal penalty for knowingly and willfully failing
  622         to make such report; requiring the department to
  623         include certain training in the training program for
  624         persons required to investigate child abuse,
  625         abandonment, or neglect; amending s. 828.27, F.S.;
  626         requiring training for animal control officers to
  627         include training for detecting child abuse, neglect,
  628         and abandonment; amending s. 39.307, F.S.; conforming
  629         provisions to changes made by the act; amending ss.
  630         39.301 and 934.03, F.S.; conforming cross-references;
  631         providing an effective date.