Florida Senate - 2019                                    SB 1214
       By Senator Book
       32-00962-19                                           20191214__
    1                        A bill to be entitled                      
    2         An act relating to child abuse, abandonment, and
    3         neglect; amending s. 39.01, F.S.; deleting the term
    4         “juvenile sexual abuse”; defining the term “child-on
    5         child sexual abuse”; creating s. 39.101, F.S.;
    6         relocating provisions relating to the central abuse
    7         hotline of the Department of Children and Families;
    8         providing additional requirements relating to the
    9         hotline; amending s. 39.201, F.S.; requiring animal
   10         control officers and certain agents to provide their
   11         names to hotline staff; creating s. 39.208, F.S.;
   12         providing a purpose; requiring individuals who are
   13         required to investigate child abuse, abandonment, or
   14         neglect to also report certain animal abuse to
   15         specified persons or agencies; requiring that the
   16         report include certain information; providing a
   17         criminal penalty for knowingly and willfully failing
   18         to make such report; requiring the department to
   19         include certain training in the training program for
   20         persons required to investigate child abuse,
   21         abandonment, or neglect; amending s. 39.302, F.S.;
   22         conforming a cross-reference; relocating provisions
   23         relating to the representation of alleged perpetrators
   24         in institutional investigations; amending s. 828.27,
   25         F.S.; requiring training for animal control officers
   26         to include training for detecting child abuse,
   27         neglect, and abandonment; amending s. 39.307, F.S.;
   28         conforming provisions to changes made by the act;
   29         amending ss. 39.301 and 934.03, F.S.; conforming
   30         cross-references; providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Present subsections (8) through (12) of section
   35  39.01, Florida Statutes, are redesignated as subsections (7)
   36  through (11), respectively, a new subsection (12) is added to
   37  that section, and present subsection (7) of that section is
   38  amended, to read:
   39         39.01 Definitions.—When used in this chapter, unless the
   40  context otherwise requires:
   41         (7) “Juvenile sexual abuse” means any sexual behavior by a
   42  child which occurs without consent, without equality, or as a
   43  result of coercion. For purposes of this subsection, the
   44  following definitions apply:
   45         (a) “Coercion” means the exploitation of authority or the
   46  use of bribes, threats of force, or intimidation to gain
   47  cooperation or compliance.
   48         (b) “Equality” means two participants operating with the
   49  same level of power in a relationship, neither being controlled
   50  nor coerced by the other.
   51         (c) “Consent” means an agreement, including all of the
   52  following:
   53         1. Understanding what is proposed based on age, maturity,
   54  developmental level, functioning, and experience.
   55         2. Knowledge of societal standards for what is being
   56  proposed.
   57         3. Awareness of potential consequences and alternatives.
   58         4. Assumption that agreement or disagreement will be
   59  accepted equally.
   60         5. Voluntary decision.
   61         6. Mental competence.
   63  Juvenile sexual behavior ranges from noncontact sexual behavior
   64  such as making obscene phone calls, exhibitionism, voyeurism,
   65  and the showing or taking of lewd photographs to varying degrees
   66  of direct sexual contact, such as frottage, fondling, digital
   67  penetration, rape, fellatio, sodomy, and various other sexually
   68  aggressive acts.
   69         (12)(a)“Child-on-child sexual abuse” means sexual activity
   70  between children and without the direct involvement of an adult
   71  which:
   72         1. Is overt and deliberate;
   73         2. Is directed at sexual stimulation; and
   74         3.a. Occurs without consent or without equality mentally,
   75  physically, or in age; or
   76         b. Occurs as a result of physical or emotional coercion.
   77         (b)For purposes of this subsection, the following
   78  definitions apply:
   79         1. “Coercion” means the exploitation of authority or the
   80  use of bribes, threats of force, or intimidation to gain
   81  cooperation or compliance.
   82         2. “Consent” means an agreement including all of the
   83  following:
   84         a. Understanding of what is proposed which is based on age,
   85  maturity, developmental level, functioning, and experience.
   86         b. Knowledge of societal standards for what is being
   87  proposed.
   88         c. Awareness of the potential consequences and
   89  alternatives.
   90         d. Assumption that agreement or disagreement will be
   91  accepted equally.
   92         e. Voluntary decision.
   93         f. Mental competence.
   94         3. “Equality” means two participants operating with the
   95  same level of power in a relationship, without being controlled
   96  or coerced by the other.
   98  The term includes both noncontact sexual behavior, such as
   99  making obscene phone calls, exhibitionism, voyeurism, and the
  100  showing or taking of lewd photographs, and direct sexual
  101  contact, such as frottage, fondling, digital penetration, rape,
  102  fellatio, sodomy, and various other sexually aggressive acts.
  103  Child-on-child sexual abuse does not include normative sexual
  104  play or anatomical curiosity and exploration.
  105         Section 2. Section 39.101, Florida Statutes, is created to
  106  read:
  107         39.101 Central abuse hotline.—The central abuse hotline is
  108  the first step in the safety assessment and investigation
  109  process.
  110         (1)ESTABLISHMENT AND OPERATION.The department shall
  111  establish and maintain a central abuse hotline capable of
  112  receiving, 24 hours a day, 7 days a week, all reports of known
  113  or suspected child abuse, abandonment, or neglect and reports
  114  that a child is in need of supervision and care and has no
  115  parent, legal custodian, or responsible adult relative
  116  immediately known and available to provide supervision and care
  117  when such reports are made pursuant to s. 39.201. Reports may be
  118  made in writing, through a single statewide toll-free telephone
  119  number, or via fax, web-based reporting, or web-based chat. Any
  120  person may use any of these methods to make a report at any hour
  121  of the day or night, on any day of the week.
  122         (a) If it appears that the immediate safety or well-being
  123  of a child is endangered, that the family may flee or the child
  124  will be unavailable for purposes of conducting a child
  125  protective investigation, or that the facts otherwise so
  126  warrant, the department must commence an investigation
  127  immediately, regardless of the time of day or night.
  128         (b) In all other child abuse, abandonment, or neglect
  129  cases, a child protective investigation must be commenced within
  130  24 hours after receipt of the report.
  131         (2)GENERAL REQUIREMENTS.The central abuse hotline must be
  132  operated in such a manner as to enable the department to:
  133         (a)Accept reports for investigation when there is a
  134  reasonable cause to suspect that a child has been or is being
  135  abused or neglected or has been abandoned.
  136         (b) Determine whether the allegations made by the reporter
  137  require an immediate, a 24-hour, or a next-working-day response
  138  priority.
  139         (c) Immediately identify and locate prior reports or cases
  140  of child abuse, abandonment, or neglect through the use of the
  141  department’s automated tracking system.
  142         (d) Track critical steps in the investigative process to
  143  ensure compliance with all requirements for any report of abuse,
  144  abandonment, or neglect.
  145         (e) When appropriate, refer calls that do not allege the
  146  abuse, neglect, or abandonment of a child to other organizations
  147  that may better resolve the reporter’s concerns.
  148         (f) Serve as a resource for the evaluation, management, and
  149  planning of preventive and remedial services for children who
  150  have been subject to abuse, abandonment, or neglect.
  151         (g) Initiate and enter into agreements with other states
  152  for the purpose of gathering and sharing information contained
  153  in reports on child maltreatment to further enhance programs for
  154  the protection of children.
  156  The department shall promote public awareness of the central
  157  abuse hotline through community-based partner organizations and
  158  public service campaigns.
  159         (3)COLLECTION OF INFORMATION AND DATA.—The department
  160  shall:
  161         (a)Voice-record all incoming or outgoing calls that are
  162  received or placed by the central abuse hotline which relate to
  163  suspected or known child abuse, neglect, or abandonment. The
  164  department shall maintain an electronic copy of each fax and
  165  web-based report. The recording or electronic copy of each fax
  166  and web-based report must become a part of the record of the
  167  report but, notwithstanding s. 39.202, must be released in full
  168  only to law enforcement agencies and state attorneys for the
  169  purposes of investigating and prosecuting criminal charges
  170  pursuant to s. 39.205, or to employees of the department for the
  171  purposes of investigating and seeking administrative penalties
  172  pursuant to s. 39.206. This paragraph does not prohibit hotline
  173  staff from using the recordings, the electronic copies of faxes,
  174  or the web-based reports for quality assurance or training.
  175         (b)Secure and install electronic equipment that
  176  automatically provides to the hotline the number from which the
  177  call or fax is placed or the Internet protocol address from
  178  which the report is received. This number shall be entered into
  179  the report of abuse, abandonment, or neglect and become a part
  180  of the record of the report, but shall enjoy the same
  181  confidentiality as provided to the identity of the reporter
  182  pursuant to s. 39.202.
  183         (c)1.Update the web form used for reporting child abuse,
  184  abandonment, or neglect to:
  185         a.Include qualifying questions in order to obtain
  186  necessary information required to assess need and a response;
  187         b.Indicate which fields are required to submit the report;
  188  and
  189         c.Allow a reporter to save his or her report and return to
  190  it at a later time.
  191         2. The report must be made available to the counselors in
  192  its entirety as needed to update the Florida Safe Families
  193  Network or other similar systems.
  194         (d) Monitor and evaluate the effectiveness of the
  195  department’s program for the reporting and investigating of
  196  suspected abuse, abandonment, or neglect of children through the
  197  development and analysis of statistical and other information.
  198         (e) Maintain and produce aggregate statistical reports
  199  monitoring patterns of child abuse, child abandonment, and child
  200  neglect. The department shall collect and analyze child-on-child
  201  sexual abuse reports and include such information in the
  202  aggregate statistical reports. The department shall collect and
  203  analyze, in separate statistical reports, those reports of child
  204  abuse and sexual abuse which are reported from or which occurred
  205  on the campus of any Florida College System institution or state
  206  university, as those terms are defined in s. 10021, or any
  207  school, as defined in s. 1005.02.
  208         (4)EMPLOYMENT SCREENING.Information received by the
  209  central abuse hotline may not be used for employment screening,
  210  except as provided in s. 39.202(2)(a) and (h) or s. 402.302(15).
  211         (a)Information in the central abuse hotline and the
  212  department’s automated abuse information system may be used by
  213  the department, its authorized agents or contract providers, the
  214  Department of Health, or county agencies as part of the
  215  licensure or registration process pursuant to ss. 402.301
  216  402.319 and ss. 409.175-409.176.
  217         (b)Information in the central abuse hotline may also be
  218  used by the Department of Education for purposes of educator
  219  certification discipline and review pursuant to s. 39.202(2)(q).
  220         (5) QUALITY ASSURANCE.—On an ongoing basis, the
  221  department’s quality assurance program shall review calls, fax
  222  reports, and web-based reports to the hotline involving three or
  223  more unaccepted reports on a single child, where jurisdiction
  224  applies, in order to detect such things as harassment and
  225  situations that warrant an investigation because of the
  226  frequency of the reports or the variety of the sources of the
  227  reports. A component of the quality assurance program must
  228  analyze unaccepted reports to the hotline by identified
  229  relatives as a part of the review of screened out calls. The
  230  Assistant Secretary for Child Welfare may refer a case for
  231  investigation when it is determined, as a result of such review,
  232  that an investigation may be warranted.
  233         Section 3. Section 39.201, Florida Statutes, is amended to
  234  read:
  235         (Substantial rewording of section. See
  236         s. 39.201, F.S., for present text.)
  237         39.201 Mandatory reports of child abuse, abandonment, or
  238  neglect; mandatory reports of death; central abuse hotline.—
  239         (1)MANDATORY REPORTING.—
  240         (a) Any person who knows, or has reasonable cause to
  241  suspect, that any of the following has occurred shall report
  242  such knowledge or suspicion to the central abuse hotline on the
  243  single statewide toll-free telephone number or via fax, web
  244  based chat, or web-based report pursuant to s. 39.101:
  245         1.Child abuse, neglect, or abandonment by a parent or
  246  caregiver.A child is abused, abandoned, or neglected by a
  247  parent, legal custodian, caregiver, or other person responsible
  248  for the child’s welfare, or that a child is in need of
  249  supervision and care and has no parent, legal custodian, or
  250  responsible adult relative immediately known and available to
  251  provide supervision and care.
  252         a.Personnel at the department’s central abuse hotline
  253  shall determine if the report received meets the statutory
  254  definition of child abuse, abandonment, or neglect. Any report
  255  meeting one of these definitions must be accepted for protective
  256  investigation pursuant to part III of this chapter.
  257         b.Any call received from a parent or legal custodian
  258  seeking assistance for himself or herself which does not meet
  259  the criteria for being a report of child abuse, abandonment, or
  260  neglect may be accepted by the hotline for response to
  261  ameliorate a potential future risk of harm to a child.
  262         c.If it is determined by a child welfare professional that
  263  a need for community services exists, the department must refer
  264  the parent or legal custodian for appropriate voluntary
  265  community services.
  266         2.Child abuse by a non-caregiver.A child is abused by an
  267  adult other than a parent, legal custodian, caregiver, or other
  268  person responsible for the child’s welfare. Such reports or
  269  calls must be immediately electronically transferred to the
  270  appropriate county sheriff’s office by the central abuse
  271  hotline.
  272         3.Child-on-child sexual abuse.—A child, including a child
  273  who is in the custody of the department, is the victim of child
  274  on-child sexual abuse.
  275         a. The central abuse hotline shall immediately
  276  electronically transfer the report or call to the appropriate
  277  county sheriff’s office. The department shall conduct an
  278  assessment, assist the family in receiving appropriate services
  279  pursuant to s. 39.307, and send a written report of the
  280  allegation to the appropriate county sheriff’s office within 48
  281  hours after the initial report is made to the central abuse
  282  hotline.
  283         b. The department shall ensure that the facts and results
  284  of any investigation of child-on-child sexual abuse involving a
  285  child in the custody of or under the protective supervision of
  286  the department are made known to the court at the next hearing
  287  or included in the next report to the court concerning the
  288  child.
  289         (b)While central abuse hotline counselors are required to
  290  receive periodic training in encouraging all reporters to
  291  provide their names when making a report and are required to
  292  advise callers that the names of reporters must be entered into
  293  the record of the report but are held confidential and exempt as
  294  provided in s. 39.202, any reporter in the following
  295  occupational categories is required to provide his or her name
  296  to the central abuse hotline staff:
  297         1. Physician, osteopathic physician, medical examiner,
  298  chiropractic physician, nurse, or hospital personnel engaged in
  299  the admission, examination, care, or treatment of persons;
  300         2. Health professional or mental health professional other
  301  than ones listed in subparagraph 1.;
  302         3. Practitioner who relies solely on spiritual means for
  303  healing;
  304         4. School teacher or other school official or personnel;
  305         5. Social worker, day care center worker, or other
  306  professional child care worker, foster care worker, residential
  307  worker, or institutional worker;
  308         6. Law enforcement officer;
  309         7. Judge; or
  310         8.Animal control officer as defined in s. 828.27 or agents
  311  appointed under s. 828.03.
  313         (a)Abuse occurring out of state.If a report is of an
  314  instance of known or suspected child abuse, abandonment, or
  315  neglect that occurred out of state and the alleged perpetrator
  316  and the child alleged to be a victim live out of state, the
  317  central abuse hotline may not accept the report or call for
  318  investigation and shall transfer the information on the report
  319  to the appropriate state.
  320         (b)Abuse involving impregnation of a child.If the report
  321  is of an instance of known or suspected child abuse involving
  322  impregnation of a child under 16 years of age by a person 21
  323  years of age or older solely under s. 827.04(3), the report must
  324  be made immediately to the appropriate county sheriff’s office
  325  or other appropriate law enforcement agency. If the report is of
  326  an instance of known or suspected child abuse solely under s.
  327  827.04(3), the reporting provisions of this subsection do not
  328  apply to health care professionals or other persons who provide
  329  medical or counseling services to pregnant children when such
  330  reporting would interfere with the provision of medical
  331  services.
  332         (c)Institutional child abuse or neglect.—Reports involving
  333  known or suspected institutional child abuse or neglect, as
  334  defined in s. 39.01, must be made and received in the same
  335  manner as all other reports made pursuant to this section.
  336         (d)Surrendered newborn infants.Reports involving
  337  surrendered newborn infants as described in s. 383.50 must be
  338  made and received by the department.
  339         1. If the report is of a surrendered newborn infant as
  340  described in s. 383.50 and there is no indication of abuse,
  341  neglect, or abandonment other than that necessarily entailed in
  342  the infant having been left at a hospital, emergency medical
  343  services station, or fire station, the department shall provide
  344  to the caller the name of a licensed child-placing agency on a
  345  rotating basis from a list of licensed child-placing agencies
  346  eligible and required to accept physical custody of and to place
  347  newborn infants left at a hospital, emergency medical services
  348  station, or fire station. The report may not be considered a
  349  report of abuse, neglect, or abandonment solely because the
  350  infant has been left at a hospital, emergency medical services
  351  station, or fire station pursuant to s. 383.50.
  352         2. If the report includes indications of abuse or neglect
  353  beyond that necessarily entailed in the infant having been left
  354  at a hospital, emergency medical services station, or fire
  355  station, the report must be considered as a report of abuse,
  356  neglect, or abandonment and must be subject to the requirements
  357  of s. 39.395 and all other relevant provisions of this chapter,
  358  notwithstanding chapter 383.
  359         (3)EXCEPTIONS TO REPORTING.—
  360         (a) An additional report of child abuse, abandonment, or
  361  neglect does not have to be made by:
  362         1.A professional who is hired by or who enters into a
  363  contract with the department for the purpose of treating or
  364  counseling any person as a result of a report of child abuse,
  365  abandonment, or neglect if such person was the subject of the
  366  referral for treatment.
  367         2.An officer or employee of the judicial branch when the
  368  child is currently being investigated by the department, when
  369  there is an existing dependency case, or when the matter has
  370  previously been reported to the department, if there is
  371  reasonable cause to believe that the information is already
  372  known to the department. This subparagraph applies only when the
  373  information has been provided to the officer or employee in the
  374  course of carrying out his or her official duties.
  375         3.An officer or employee of a law enforcement agency when
  376  the incident under investigation by the law enforcement agency
  377  was reported to law enforcement by the central abuse hotline
  378  through the electronic transfer of the report or call. The
  379  department’s central abuse hotline is not required to
  380  electronically transfer calls and reports received pursuant to
  381  paragraph (2)(b) to the county sheriff’s office if the matter
  382  was initially reported to the department by the county sheriff’s
  383  office or by another law enforcement agency. This subparagraph
  384  applies only when the information related to the alleged child
  385  abuse has been provided to the officer or employee of a law
  386  enforcement agency or central abuse hotline employee in the
  387  course of carrying out his or her official duties.
  388         (b) Nothing in this chapter or in the contracting with
  389  community-based care providers for foster care and related
  390  services as specified in s. 409.987 may be construed to remove
  391  or reduce the duty and responsibility of any person, including
  392  any employee of the community-based care provider, to report a
  393  suspected or actual case of child abuse, abandonment, or neglect
  394  or the sexual abuse of a child to the department’s central abuse
  395  hotline.
  396         (4) MANDATORY REPORTS OF A CHILD DEATH.Any person required
  397  to report or investigate cases of suspected child abuse,
  398  abandonment, or neglect who has reasonable cause to suspect that
  399  a child died as a result of child abuse, abandonment, or neglect
  400  shall report his or her suspicion to the appropriate medical
  401  examiner. The medical examiner shall accept the report for
  402  investigation and shall report his or her findings, in writing,
  403  to the local law enforcement agency, the appropriate state
  404  attorney, and the department. Autopsy reports maintained by the
  405  medical examiner are not subject to the confidentiality
  406  requirements provided for in s. 39.202.
  407         Section 4. Section 39.208, Florida Statutes, is created to
  408  read:
  409         39.208 Cross-reporting child and animal abuse and cruelty.—
  410         (1) The purpose of this section is to recognize the
  411  importance of the strong link between child abuse and animal
  412  abuse and cruelty.
  413         (2) Any person who is required to investigate child abuse,
  414  abandonment, or neglect and who knows or has reasonable cause to
  415  suspect that abuse, neglect, cruelty, or abandonment of an
  416  animal has occurred must report such knowledge or suspicion
  417  within 24 hours to the local animal control officer or an agent
  418  appointed under s. 828.03. If no local animal control officer or
  419  agent exists, the report must be made to the appropriate local
  420  law enforcement agency.
  421         (3) The report must include all of the following
  422  information:
  423         (a) A description of the animal.
  424         (b) A description of any injury, cruelty, or abuse of the
  425  animal, including any evidence of prior injury, cruelty, or
  426  abuse of the animal or of other animals.
  427         (c) Any evidence of neglect or abandonment of the animal,
  428  including any evidence of prior neglect or abandonment of the
  429  animal or of other animals.
  430         (d) The name and address of the person or persons alleged
  431  to be responsible for causing the injury, abuse, neglect,
  432  cruelty, or abandonment of the animal.
  433         (e) The source of the report.
  434         (f) Any action taken by the reporting source with regard to
  435  the injury, abuse, neglect, cruelty, or abandonment of the
  436  animal.
  437         (g) The name, address, and telephone number of the person
  438  making the report.
  439         (4) A person who is required to report known or suspected
  440  abuse, neglect, cruelty, or abandonment of an animal and who
  441  knowingly and willfully fails to do so commits a misdemeanor of
  442  the second degree, punishable as provided in s. 775.082 or s.
  443  775.083.
  444         (5) The department’s training program for persons who are
  445  required to investigate child abuse, abandonment, or neglect
  446  must include training on identifying harm to, neglect of, and
  447  cruelty toward animals and on the strong link between animal
  448  abuse and cruelty and child welfare case practice.
  449         Section 5. Subsections (1) and (2) of section 39.302,
  450  Florida Statutes, are amended to read:
  451         39.302 Protective investigations of institutional child
  452  abuse, abandonment, or neglect.—
  453         (1) The department shall conduct a child protective
  454  investigation of each report of institutional child abuse,
  455  abandonment, or neglect. Upon receipt of a report that alleges
  456  that an employee or agent of the department, or any other entity
  457  or person covered by s. 39.01(37) or (54), acting in an official
  458  capacity, has committed an act of child abuse, abandonment, or
  459  neglect, the department shall initiate a child protective
  460  investigation within the timeframe established under s.
  461  39.101(1) s. 39.201(5) and notify the appropriate state
  462  attorney, law enforcement agency, and licensing agency, which
  463  shall immediately conduct a joint investigation, unless
  464  independent investigations are more feasible. When conducting
  465  investigations or having face-to-face interviews with the child,
  466  investigation visits shall be unannounced unless it is
  467  determined by the department or its agent that unannounced
  468  visits threaten the safety of the child. If a facility is exempt
  469  from licensing, the department shall inform the owner or
  470  operator of the facility of the report. Each agency conducting a
  471  joint investigation is entitled to full access to the
  472  information gathered by the department in the course of the
  473  investigation. A protective investigation must include an
  474  interview with the child’s parent or legal guardian. The
  475  department shall make a full written report to the state
  476  attorney within 3 working days after making the oral report. A
  477  criminal investigation shall be coordinated, whenever possible,
  478  with the child protective investigation of the department. Any
  479  interested person who has information regarding the offenses
  480  described in this subsection may forward a statement to the
  481  state attorney as to whether prosecution is warranted and
  482  appropriate. Within 15 days after the completion of the
  483  investigation, the state attorney shall report the findings to
  484  the department and shall include in the report a determination
  485  of whether or not prosecution is justified and appropriate in
  486  view of the circumstances of the specific case.
  487         (2)(a) If in the course of the child protective
  488  investigation, the department finds that a subject of a report,
  489  by continued contact with children in care, constitutes a
  490  threatened harm to the physical health, mental health, or
  491  welfare of the children, the department may restrict a subject’s
  492  access to the children pending the outcome of the investigation.
  493  The department or its agent shall employ the least restrictive
  494  means necessary to safeguard the physical health, mental health,
  495  and welfare of the children in care. This authority shall apply
  496  only to child protective investigations in which there is some
  497  evidence that child abuse, abandonment, or neglect has occurred.
  498  A subject of a report whose access to children in care has been
  499  restricted is entitled to petition the circuit court for
  500  judicial review. The court shall enter written findings of fact
  501  based upon the preponderance of evidence that child abuse,
  502  abandonment, or neglect did occur and that the department’s
  503  restrictive action against a subject of the report was justified
  504  in order to safeguard the physical health, mental health, and
  505  welfare of the children in care. The restrictive action of the
  506  department shall be effective for no more than 90 days without a
  507  judicial finding supporting the actions of the department.
  508         (b)In an institutional investigation, the alleged
  509  perpetrator may be represented by an attorney, at his or her own
  510  expense, or may be accompanied by another person, if the
  511  attorney or the person executes an affidavit of understanding
  512  with the department and agrees to comply with the
  513  confidentiality requirements under s. 39.202. The absence of an
  514  attorney or an accompanying person does not prevent the
  515  department from proceeding with other aspects of the
  516  investigation, including interviews with other persons. In
  517  institutional child abuse cases when the institution is not
  518  operational and the child cannot otherwise be located, the
  519  investigation must commence immediately upon the resumption of
  520  operation. If requested by a state attorney or local law
  521  enforcement agency, the department shall furnish all
  522  investigative reports to such state attorney or agency.
  523         (c)(b) Upon completion of the department’s child protective
  524  investigation, the department may make application to the
  525  circuit court for continued restrictive action against any
  526  person necessary to safeguard the physical health, mental
  527  health, and welfare of the children in care.
  528         Section 6. Paragraph (a) of subsection (4) of section
  529  828.27, Florida Statutes, is amended to read:
  530         828.27 Local animal control or cruelty ordinances;
  531  penalty.—
  532         (4)(a)1. County-employed animal control officers must, and
  533  municipally employed animal control officers may, successfully
  534  complete a 40-hour minimum standards training course. Such
  535  course must include, but is not limited to, training for: animal
  536  cruelty investigations;, search and seizure;, animal handling;,
  537  courtroom demeanor;, and civil citations; and detecting child
  538  abuse, neglect, and abandonment. The course curriculum must be
  539  approved by the Florida Animal Control Association. An animal
  540  control officer who successfully completes such course shall be
  541  issued a certificate indicating that he or she has received a
  542  passing grade.
  543         2. Any animal control officer who is authorized before
  544  January 1, 1990, by a county or municipality to issue citations
  545  is not required to complete the minimum standards training
  546  course.
  547         3. In order to maintain valid certification, every 2 years
  548  each certified animal control officer must complete 4 hours of
  549  postcertification continuing education training. Such training
  550  may include, but is not limited to, training for: animal cruelty
  551  investigations, search and seizure, animal handling, courtroom
  552  demeanor, and civil citations.
  553         Section 7. Subsection (1) and paragraph (a) of subsection
  554  (2) of section 39.307, Florida Statutes, are amended to read:
  555         39.307 Reports of child-on-child sexual abuse.—
  556         (1) Upon receiving a report alleging child-on-child
  557  juvenile sexual abuse or inappropriate sexual behavior as
  558  defined in s. 39.01, the department shall assist the family,
  559  child, and caregiver in receiving appropriate services to
  560  address the allegations of the report.
  561         (a) The department shall ensure that information describing
  562  the child’s history of child sexual abuse is included in the
  563  child’s electronic record. This record must also include
  564  information describing the services the child has received as a
  565  result of his or her involvement with child sexual abuse.
  566         (b) Placement decisions for a child who has been involved
  567  with child sexual abuse must include consideration of the needs
  568  of the child and any other children in the placement.
  569         (c) The department shall monitor the occurrence of child
  570  sexual abuse and the provision of services to children involved
  571  in child-on-child child sexual abuse or juvenile sexual abuse,
  572  or who have displayed inappropriate sexual behavior.
  573         (2) The department, contracted sheriff’s office providing
  574  protective investigation services, or contracted case management
  575  personnel responsible for providing services, at a minimum,
  576  shall adhere to the following procedures:
  577         (a) The purpose of the response to a report alleging child
  578  on-child juvenile sexual abuse behavior or inappropriate sexual
  579  behavior shall be explained to the caregiver.
  580         1. The purpose of the response shall be explained in a
  581  manner consistent with legislative purpose and intent provided
  582  in this chapter.
  583         2. The name and office telephone number of the person
  584  responding shall be provided to the caregiver of the alleged
  585  abuser or child who has exhibited inappropriate sexual behavior
  586  and the victim’s caregiver.
  587         3. The possible consequences of the department’s response,
  588  including outcomes and services, shall be explained to the
  589  caregiver of the alleged abuser or child who has exhibited
  590  inappropriate sexual behavior and the victim’s caregiver.
  591         Section 8. Subsection (6) of section 39.301, Florida
  592  Statutes, is amended to read:
  593         39.301 Initiation of protective investigations.—
  594         (6) Upon commencing an investigation under this part, if a
  595  report was received from a reporter under s. 39.201(1)(a)2. s.
  596  39.201(1)(b), the protective investigator must provide his or
  597  her contact information to the reporter within 24 hours after
  598  being assigned to the investigation. The investigator must also
  599  advise the reporter that he or she may provide a written summary
  600  of the report made to the central abuse hotline to the
  601  investigator which shall become a part of the electronic child
  602  welfare case file.
  603         Section 9. Paragraph (g) of subsection (2) of section
  604  934.03, Florida Statutes, is amended to read:
  605         934.03 Interception and disclosure of wire, oral, or
  606  electronic communications prohibited.—
  607         (2)
  608         (g) It is lawful under this section and ss. 934.04-934.09
  609  for an employee of:
  610         1. An ambulance service licensed pursuant to s. 401.25, a
  611  fire station employing firefighters as defined by s. 633.102, a
  612  public utility, a law enforcement agency as defined by s.
  613  934.02(10), or any other entity with published emergency
  614  telephone numbers;
  615         2. An agency operating an emergency telephone number “911”
  616  system established pursuant to s. 365.171; or
  617         3. The central abuse hotline operated pursuant to s. 39.101
  618  s. 39.201
  620  to intercept and record incoming wire communications; however,
  621  such employee may intercept and record incoming wire
  622  communications on designated “911” telephone numbers and
  623  published nonemergency telephone numbers staffed by trained
  624  dispatchers at public safety answering points only. It is also
  625  lawful for such employee to intercept and record outgoing wire
  626  communications to the numbers from which such incoming wire
  627  communications were placed when necessary to obtain information
  628  required to provide the emergency services being requested. For
  629  the purpose of this paragraph, the term “public utility” has the
  630  same meaning as provided in s. 366.02 and includes a person,
  631  partnership, association, or corporation now or hereafter owning
  632  or operating equipment or facilities in the state for conveying
  633  or transmitting messages or communications by telephone or
  634  telegraph to the public for compensation.
  635         Section 10. This act shall take effect July 1, 2019.