Florida Senate - 2019                             CS for SB 1214
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Book
       586-03486-19                                          20191214c1
    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; revising requirements relating
   12         to reports of abuse involving impregnation of
   13         children; amending s. 39.302, F.S.; conforming a
   14         cross-reference; relocating provisions relating to the
   15         representation of alleged perpetrators in
   16         institutional investigations; creating s. 828.075,
   17         F.S.; providing a purpose; requiring individuals who
   18         are required to investigate child abuse, abandonment,
   19         or neglect to also report certain animal abuse to
   20         specified persons or agencies; requiring that the
   21         report include certain information; providing a
   22         criminal penalty for knowingly and willfully failing
   23         to make such report; requiring the department to
   24         include certain training in the training program for
   25         persons required to investigate child abuse,
   26         abandonment, or neglect; amending s. 828.27, F.S.;
   27         requiring training for animal control officers to
   28         include training for detecting child abuse, neglect,
   29         and abandonment; amending s. 39.307, F.S.; conforming
   30         provisions to changes made by the act; amending ss.
   31         39.301 and 934.03, F.S.; conforming cross-references;
   32         providing an effective date.
   34  Be It Enacted by the Legislature of the State of Florida:
   36         Section 1. Present subsections (8) through (12) of section
   37  39.01, Florida Statutes, are redesignated as subsections (7)
   38  through (11), respectively, a new subsection (12) is added to
   39  that section, and present subsection (7) of that section is
   40  amended, to read:
   41         39.01 Definitions.—When used in this chapter, unless the
   42  context otherwise requires:
   43         (7) “Juvenile sexual abuse” means any sexual behavior by a
   44  child which occurs without consent, without equality, or as a
   45  result of coercion. For purposes of this subsection, the
   46  following definitions apply:
   47         (a) “Coercion” means the exploitation of authority or the
   48  use of bribes, threats of force, or intimidation to gain
   49  cooperation or compliance.
   50         (b) “Equality” means two participants operating with the
   51  same level of power in a relationship, neither being controlled
   52  nor coerced by the other.
   53         (c) “Consent” means an agreement, including all of the
   54  following:
   55         1. Understanding what is proposed based on age, maturity,
   56  developmental level, functioning, and experience.
   57         2. Knowledge of societal standards for what is being
   58  proposed.
   59         3. Awareness of potential consequences and alternatives.
   60         4. Assumption that agreement or disagreement will be
   61  accepted equally.
   62         5. Voluntary decision.
   63         6. Mental competence.
   65  Juvenile sexual behavior ranges from noncontact sexual behavior
   66  such as making obscene phone calls, exhibitionism, voyeurism,
   67  and the showing or taking of lewd photographs to varying degrees
   68  of direct sexual contact, such as frottage, fondling, digital
   69  penetration, rape, fellatio, sodomy, and various other sexually
   70  aggressive acts.
   71         (12)(a)“Child-on-child sexual abuse” means sexual activity
   72  between children and without the direct involvement of an adult
   73  which:
   74         1. Is overt and deliberate;
   75         2. Is directed at sexual stimulation; and
   76         3.a. Occurs without consent or without equality mentally,
   77  physically, or in age; or
   78         b. Occurs as a result of physical or emotional coercion.
   79         (b)For purposes of this subsection, the following
   80  definitions apply:
   81         1. “Coercion” means the exploitation of authority or the
   82  use of bribes, threats of force, or intimidation to gain
   83  cooperation or compliance.
   84         2. “Consent” means an agreement including all of the
   85  following:
   86         a. Understanding of what is proposed which is based on age,
   87  maturity, and developmental level.
   88         b. Knowledge of societal standards for what is being
   89  proposed.
   90         c. Awareness of the potential consequences.
   91         d. Assumption that participation or non-participation will
   92  be accepted equally.
   93         e. Voluntary decision.
   94         f. Mental competence.
   95         3. “Equality” means two participants operating with the
   96  same level of power in a relationship, without one being
   97  controlled or coerced by the other.
   99  The term includes both noncontact sexual behavior, such as
  100  making obscene phone calls, exhibitionism, voyeurism, and the
  101  showing or taking of lewd photographs, and direct sexual
  102  contact, such as frottage, fondling, digital penetration, rape,
  103  fellatio, sodomy, and various other sexually aggressive acts.
  104  Child-on-child sexual abuse does not include normative sexual
  105  play or anatomical curiosity and exploration.
  106         Section 2. Section 39.101, Florida Statutes, is created to
  107  read:
  108         39.101 Central abuse hotline.—The central abuse hotline is
  109  the first step in the safety assessment and investigation
  110  process.
  111         (1)ESTABLISHMENT AND OPERATION.The department shall
  112  establish and maintain a central abuse hotline capable of
  113  receiving, 24 hours a day, 7 days a week, all reports of known
  114  or suspected child abuse, abandonment, or neglect and reports
  115  that a child is in need of supervision and care and has no
  116  parent, legal custodian, or responsible adult relative
  117  immediately known and available to provide supervision and care
  118  when such reports are made pursuant to s. 39.201. Reports may be
  119  made in writing, through a single statewide toll-free telephone
  120  number, or through electronic reporting. Any person may use any
  121  of these methods to make a report at any hour of the day or
  122  night, on any day of the week.
  123         (a) If it appears that the immediate safety or well-being
  124  of a child is endangered, that the family may flee or the child
  125  will be unavailable for purposes of conducting a child
  126  protective investigation, or that the facts otherwise so
  127  warrant, the department must commence an investigation
  128  immediately, regardless of the time of day or night.
  129         (b) In all other child abuse, abandonment, or neglect
  130  cases, a child protective investigation must be commenced within
  131  24 hours after receipt of the report.
  132         (2)GENERAL REQUIREMENTS.The central abuse hotline must be
  133  operated in such a manner as to enable the department to:
  134         (a)Accept reports for investigation when there is a
  135  reasonable cause to suspect that a child has been or is being
  136  abused or neglected or has been abandoned.
  137         (b) Determine whether the allegations made by the reporter
  138  require an immediate or a 24-hour response 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 purposes 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 electronic
  165  report. The recording or electronic copy of each electronic
  166  report must become a part of the record of the report but,
  167  notwithstanding s. 39.202, must be released in full only to law
  168  enforcement agencies and state attorneys for the purposes of
  169  investigating and prosecuting criminal charges pursuant to s.
  170  39.205, or to employees of the department for the purposes of
  171  investigating and seeking administrative penalties pursuant to
  172  s. 39.206. This paragraph does not prohibit hotline staff from
  173  using the recordings or the electronic reports for quality
  174  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 include qualifying questions in order
  185  to obtain necessary information required to assess need and a
  186  response.
  187         2. The report must be made available to the counselors in
  188  its entirety as needed to update the Florida Safe Families
  189  Network or other similar systems.
  190         (d) Monitor and evaluate the effectiveness of the
  191  department’s program for the reporting and investigating of
  192  suspected abuse, abandonment, or neglect of children through the
  193  development and analysis of statistical and other information.
  194         (e) Maintain and produce aggregate statistical reports
  195  monitoring patterns of child abuse, child abandonment, and child
  196  neglect. The department shall collect and analyze child-on-child
  197  sexual abuse reports and include such information in the
  198  aggregate statistical reports. The department shall collect and
  199  analyze, in separate statistical reports, those reports of child
  200  abuse and sexual abuse which are reported from or which occurred
  201  on the campus of any Florida College System institution or state
  202  university, as those terms are defined in s. 1000.21, or any
  203  school, as defined in s. 1005.02.
  204         (4)EMPLOYMENT SCREENING.Information received by the
  205  central abuse hotline may not be used for employment screening,
  206  except as provided in s. 39.202(2)(a) and (h) or s. 402.302(15).
  207         (a)Information in the central abuse hotline and the
  208  department’s automated abuse information system may be used by
  209  the department, its authorized agents or contract providers, the
  210  Department of Health, or county agencies as part of the
  211  licensure or registration process pursuant to ss. 402.301
  212  402.319 and ss. 409.175-409.176.
  213         (b)Information in the central abuse hotline may also be
  214  used by the Department of Education for purposes of educator
  215  certification discipline and review pursuant to s. 39.202(2)(q).
  216         (5) QUALITY ASSURANCE.—On an ongoing basis, the
  217  department’s quality assurance program shall review screened-out
  218  reports involving three or more unaccepted reports on a single
  219  child, where jurisdiction applies, in order to detect such
  220  things as harassment and situations that warrant an
  221  investigation because of the frequency of the reports or the
  222  variety of the sources of the reports. A component of the
  223  quality assurance program must analyze unaccepted reports to the
  224  hotline by identified relatives as a part of the review of
  225  screened-out calls. The Assistant Secretary for Child Welfare
  226  may refer a case for investigation when it is determined, as a
  227  result of such review, that an investigation may be warranted.
  228         Section 3. Section 39.201, Florida Statutes, is amended to
  229  read:
  230         (Substantial rewording of section. See
  231         s. 39.201, F.S., for present text.)
  232         39.201 Mandatory reports of child abuse, abandonment, or
  233  neglect; mandatory reports of death; central abuse hotline.—
  234         (1)MANDATORY REPORTING.—
  235         (a) Any person who knows, or has reasonable cause to
  236  suspect, that any of the following has occurred shall report
  237  such knowledge or suspicion to the central abuse hotline on the
  238  single statewide toll-free telephone number or by electronic
  239  report pursuant to s. 39.101:
  240         1.Child abuse, neglect, or abandonment by a parent or
  241  caregiver.A child is abused, abandoned, or neglected by a
  242  parent, legal custodian, caregiver, or other person responsible
  243  for the child’s welfare, or that a child is in need of
  244  supervision and care and has no parent, legal custodian, or
  245  responsible adult relative immediately known and available to
  246  provide supervision and care.
  247         a.Personnel at the department’s central abuse hotline
  248  shall determine if the report received meets the statutory
  249  definition of child abuse, abandonment, or neglect. Any report
  250  meeting one of these definitions must be accepted for protective
  251  investigation pursuant to part III of this chapter.
  252         b.Any call received from a parent or legal custodian
  253  seeking assistance for himself or herself which does not meet
  254  the criteria for being a report of child abuse, abandonment, or
  255  neglect may be accepted by the hotline for response to
  256  ameliorate a potential future risk of harm to a child.
  257         c.If it is determined by a child welfare professional that
  258  a need for community services exists, the department must refer
  259  the parent or legal custodian for appropriate voluntary
  260  community services.
  261         2.Child abuse by a non-caregiver.A child is abused by an
  262  adult other than a parent, legal custodian, caregiver, or other
  263  person responsible for the child’s welfare. Such reports must be
  264  immediately electronically transferred to the appropriate county
  265  sheriff’s office by the central abuse hotline.
  266         3.Child-on-child sexual abuse.—A child, including a child
  267  who is in the custody of the department, is the victim of child
  268  on-child sexual abuse.
  269         a. The central abuse hotline shall immediately
  270  electronically transfer the report to the appropriate county
  271  sheriff’s office. The department shall conduct an assessment,
  272  assist the family in receiving appropriate services pursuant to
  273  s. 39.307, and send a written report of the allegation to the
  274  appropriate county sheriff’s office within 48 hours after the
  275  initial report is made to the central abuse hotline.
  276         b. The department shall ensure that the facts and results
  277  of any investigation of child-on-child sexual abuse involving a
  278  child in the custody of or under the protective supervision of
  279  the department are made known to the court at the next hearing
  280  or included in the next report to the court concerning the
  281  child.
  282         (b)While central abuse hotline counselors are required to
  283  receive periodic training in encouraging all reporters to
  284  provide their names when making a report and are required to
  285  advise callers that the names of reporters must be entered into
  286  the record of the report but are held confidential and exempt as
  287  provided in s. 39.202, any reporter in the following
  288  occupational categories is required to provide his or her name
  289  to the central abuse hotline staff:
  290         1. Physician, osteopathic physician, medical examiner,
  291  chiropractic physician, nurse, or hospital personnel engaged in
  292  the admission, examination, care, or treatment of persons;
  293         2. Health professional or mental health professional other
  294  than ones listed in subparagraph 1.;
  295         3. Practitioner who relies solely on spiritual means for
  296  healing;
  297         4. School teacher or other school official or personnel;
  298         5. Social worker, day care center worker, or other
  299  professional child care worker, foster care worker, residential
  300  worker, or institutional worker;
  301         6. Law enforcement officer;
  302         7. Judge; or
  303         8.Animal control officer as defined in s. 828.27 or agents
  304  appointed under s. 828.03.
  306         (a)Abuse occurring out of state.If a report is of an
  307  instance of known or suspected child abuse, abandonment, or
  308  neglect that occurred out of state and the alleged perpetrator
  309  and the child alleged to be a victim live out of state, the
  310  central abuse hotline may not accept the report or call for
  311  investigation and shall transfer the information on the report
  312  to the appropriate state.
  313         (b)Abuse involving impregnation of a child.If the report
  314  is of an instance of known or suspected child abuse involving
  315  impregnation of a child under 16 years of age by a person 21
  316  years of age or older solely under s. 827.04(3), and such person
  317  is not a caregiver, the report must be immediately
  318  electronically transferred to the appropriate county sheriff’s
  319  office by the central abuse hotline.
  320         (c)Institutional child abuse or neglect.—Reports involving
  321  known or suspected institutional child abuse or neglect, as
  322  defined in s. 39.01, must be made and received in the same
  323  manner as all other reports made pursuant to this section.
  324         (d)Surrendered newborn infants.Reports involving
  325  surrendered newborn infants as described in s. 383.50 must be
  326  made and received by the department.
  327         1. If the report is of a surrendered newborn infant as
  328  described in s. 383.50 and there is no indication of abuse,
  329  neglect, or abandonment other than that necessarily entailed in
  330  the infant having been left at a hospital, emergency medical
  331  services station, or fire station, the department shall provide
  332  to the caller the name of a licensed child-placing agency on a
  333  rotating basis from a list of licensed child-placing agencies
  334  eligible and required to accept physical custody of and to place
  335  newborn infants left at a hospital, emergency medical services
  336  station, or fire station. The report may not be considered a
  337  report of abuse, neglect, or abandonment solely because the
  338  infant has been left at a hospital, emergency medical services
  339  station, or fire station pursuant to s. 383.50.
  340         2. If the report includes indications of abuse or neglect
  341  beyond that necessarily entailed in the infant having been left
  342  at a hospital, emergency medical services station, or fire
  343  station, the report must be considered as a report of abuse,
  344  neglect, or abandonment and must be subject to the requirements
  345  of s. 39.395 and all other relevant provisions of this chapter,
  346  notwithstanding chapter 383.
  347         (3)EXCEPTIONS TO REPORTING.—
  348         (a) An additional report of child abuse, abandonment, or
  349  neglect does not have to be made by:
  350         1.A professional who is hired by or who enters into a
  351  contract with the department for the purpose of treating or
  352  counseling any person as a result of a report of child abuse,
  353  abandonment, or neglect if such person was the subject of the
  354  referral for treatment.
  355         2.An officer or employee of the judicial branch when the
  356  child is currently being investigated by the department, when
  357  there is an existing dependency case, or when the matter has
  358  previously been reported to the department, if there is
  359  reasonable cause to believe that the information is already
  360  known to the department. This subparagraph applies only when the
  361  information has been provided to the officer or employee in the
  362  course of carrying out his or her official duties.
  363         3.An officer or employee of a law enforcement agency when
  364  the incident under investigation by the law enforcement agency
  365  was reported to law enforcement by the central abuse hotline
  366  through the electronic transfer of the report or call. The
  367  department’s central abuse hotline is not required to
  368  electronically transfer calls and reports received pursuant to
  369  paragraph (2)(b) to the county sheriff’s office if the matter
  370  was initially reported to the department by the county sheriff’s
  371  office or by another law enforcement agency. This subparagraph
  372  applies only when the information related to the alleged child
  373  abuse has been provided to the officer or employee of a law
  374  enforcement agency or central abuse hotline employee in the
  375  course of carrying out his or her official duties.
  376         (b) Nothing in this chapter or in the contracting with
  377  community-based care providers for foster care and related
  378  services as specified in s. 409.987 may be construed to remove
  379  or reduce the duty and responsibility of any person, including
  380  any employee of the community-based care provider, to report a
  381  suspected or actual case of child abuse, abandonment, or neglect
  382  or the sexual abuse of a child to the department’s central abuse
  383  hotline.
  384         (4) MANDATORY REPORTS OF A CHILD DEATH.Any person required
  385  to report or investigate cases of suspected child abuse,
  386  abandonment, or neglect who has reasonable cause to suspect that
  387  a child died as a result of child abuse, abandonment, or neglect
  388  shall report his or her suspicion to the appropriate medical
  389  examiner. The medical examiner shall accept the report for
  390  investigation and shall report his or her findings, in writing,
  391  to the local law enforcement agency, the appropriate state
  392  attorney, and the department. Autopsy reports maintained by the
  393  medical examiner are not subject to the confidentiality
  394  requirements provided for in s. 39.202.
  395         Section 4. Subsections (1) and (2) of section 39.302,
  396  Florida Statutes, are amended to read:
  397         39.302 Protective investigations of institutional child
  398  abuse, abandonment, or neglect.—
  399         (1) The department shall conduct a child protective
  400  investigation of each report of institutional child abuse,
  401  abandonment, or neglect. Upon receipt of a report that alleges
  402  that an employee or agent of the department, or any other entity
  403  or person covered by s. 39.01(37) or (54), acting in an official
  404  capacity, has committed an act of child abuse, abandonment, or
  405  neglect, the department shall initiate a child protective
  406  investigation within the timeframe established under s.
  407  39.101(1) s. 39.201(5) and notify the appropriate state
  408  attorney, law enforcement agency, and licensing agency, which
  409  shall immediately conduct a joint investigation, unless
  410  independent investigations are more feasible. When conducting
  411  investigations or having face-to-face interviews with the child,
  412  investigation visits shall be unannounced unless it is
  413  determined by the department or its agent that unannounced
  414  visits threaten the safety of the child. If a facility is exempt
  415  from licensing, the department shall inform the owner or
  416  operator of the facility of the report. Each agency conducting a
  417  joint investigation is entitled to full access to the
  418  information gathered by the department in the course of the
  419  investigation. A protective investigation must include an
  420  interview with the child’s parent or legal guardian. The
  421  department shall make a full written report to the state
  422  attorney within 3 working days after making the oral report. A
  423  criminal investigation shall be coordinated, whenever possible,
  424  with the child protective investigation of the department. Any
  425  interested person who has information regarding the offenses
  426  described in this subsection may forward a statement to the
  427  state attorney as to whether prosecution is warranted and
  428  appropriate. Within 15 days after the completion of the
  429  investigation, the state attorney shall report the findings to
  430  the department and shall include in the report a determination
  431  of whether or not prosecution is justified and appropriate in
  432  view of the circumstances of the specific case.
  433         (2)(a) If in the course of the child protective
  434  investigation, the department finds that a subject of a report,
  435  by continued contact with children in care, constitutes a
  436  threatened harm to the physical health, mental health, or
  437  welfare of the children, the department may restrict a subject’s
  438  access to the children pending the outcome of the investigation.
  439  The department or its agent shall employ the least restrictive
  440  means necessary to safeguard the physical health, mental health,
  441  and welfare of the children in care. This authority shall apply
  442  only to child protective investigations in which there is some
  443  evidence that child abuse, abandonment, or neglect has occurred.
  444  A subject of a report whose access to children in care has been
  445  restricted is entitled to petition the circuit court for
  446  judicial review. The court shall enter written findings of fact
  447  based upon the preponderance of evidence that child abuse,
  448  abandonment, or neglect did occur and that the department’s
  449  restrictive action against a subject of the report was justified
  450  in order to safeguard the physical health, mental health, and
  451  welfare of the children in care. The restrictive action of the
  452  department shall be effective for no more than 90 days without a
  453  judicial finding supporting the actions of the department.
  454         (b)In an institutional investigation, the alleged
  455  perpetrator may be represented by an attorney, at his or her own
  456  expense, or may be accompanied by another person, if the
  457  attorney or the person executes an affidavit of understanding
  458  with the department and agrees to comply with the
  459  confidentiality requirements under s. 39.202. The absence of an
  460  attorney or an accompanying person does not prevent the
  461  department from proceeding with other aspects of the
  462  investigation, including interviews with other persons. In
  463  institutional child abuse cases when the institution is not
  464  operational and the child cannot otherwise be located, the
  465  investigation must commence immediately upon the resumption of
  466  operation. If requested by a state attorney or local law
  467  enforcement agency, the department shall furnish all
  468  investigative reports to such state attorney or agency.
  469         (c)(b) Upon completion of the department’s child protective
  470  investigation, the department may make application to the
  471  circuit court for continued restrictive action against any
  472  person necessary to safeguard the physical health, mental
  473  health, and welfare of the children in care.
  474         Section 5. Section 828.075, Florida Statutes, is created to
  475  read:
  476         828.075 Cross-reporting child and animal abuse and
  477  cruelty.—
  478         (1) The purpose of this section is to recognize the
  479  importance of the strong link between child abuse and animal
  480  abuse and cruelty.
  481         (2) Any person who is required to investigate child abuse,
  482  abandonment, or neglect under chapter 39 and who knows or has
  483  reasonable cause to suspect that abuse, neglect, cruelty, or
  484  abandonment of an animal has occurred must report such knowledge
  485  or suspicion within 24 hours to the local animal control officer
  486  or an agent appointed under s. 828.03. If no local animal
  487  control officer or agent exists, the report must be made to the
  488  appropriate local law enforcement agency.
  489         (3) The report must include all of the following
  490  information:
  491         (a) A description of the animal.
  492         (b) A description of any injury, cruelty, or abuse of the
  493  animal, including any evidence of prior injury, cruelty, or
  494  abuse of the animal or of other animals.
  495         (c) Any evidence of neglect or abandonment of the animal,
  496  including any evidence of prior neglect or abandonment of the
  497  animal or of other animals.
  498         (d) The name and address of the person or persons alleged
  499  to be responsible for causing the injury, abuse, neglect,
  500  cruelty, or abandonment of the animal.
  501         (e) The source of the report.
  502         (f) Any action taken by the reporting source with regard to
  503  the injury, abuse, neglect, cruelty, or abandonment of the
  504  animal.
  505         (g) The name, address, and telephone number of the person
  506  making the report.
  507         (4) A person who is required to report known or suspected
  508  abuse, neglect, cruelty, or abandonment of an animal and who
  509  knowingly and willfully fails to do so commits a misdemeanor of
  510  the second degree, punishable as provided in s. 775.082 or s.
  511  775.083.
  512         (5) The Department of Children and Families’ training
  513  program for persons who are required to investigate child abuse,
  514  abandonment, or neglect must include training on identifying
  515  harm to, neglect of, and cruelty toward animals and on the
  516  strong link between animal abuse and cruelty and child welfare
  517  case practice.
  518         Section 6. Paragraph (a) of subsection (4) of section
  519  828.27, Florida Statutes, is amended to read:
  520         828.27 Local animal control or cruelty ordinances;
  521  penalty.—
  522         (4)(a)1. County-employed animal control officers must, and
  523  municipally employed animal control officers may, successfully
  524  complete a 40-hour minimum standards training course. Such
  525  course must include, but is not limited to, training for: animal
  526  cruelty investigations;, search and seizure;, animal handling;,
  527  courtroom demeanor;, and civil citations; and detecting child
  528  abuse, neglect, and abandonment. The course curriculum must be
  529  approved by the Florida Animal Control Association. An animal
  530  control officer who successfully completes such course shall be
  531  issued a certificate indicating that he or she has received a
  532  passing grade.
  533         2. Any animal control officer who is authorized before
  534  January 1, 1990, by a county or municipality to issue citations
  535  is not required to complete the minimum standards training
  536  course.
  537         3. In order to maintain valid certification, every 2 years
  538  each certified animal control officer must complete 4 hours of
  539  postcertification continuing education training. Such training
  540  may include, but is not limited to, training for: animal cruelty
  541  investigations, search and seizure, animal handling, courtroom
  542  demeanor, and civil citations.
  543         Section 7. Subsection (1) and paragraph (a) of subsection
  544  (2) of section 39.307, Florida Statutes, are amended to read:
  545         39.307 Reports of child-on-child sexual abuse.—
  546         (1) Upon receiving a report alleging child-on-child
  547  juvenile sexual abuse or inappropriate sexual behavior as
  548  defined in s. 39.01, the department shall assist the family,
  549  child, and caregiver in receiving appropriate services to
  550  address the allegations of the report.
  551         (a) The department shall ensure that information describing
  552  the child’s history of child sexual abuse is included in the
  553  child’s electronic record. This record must also include
  554  information describing the services the child has received as a
  555  result of his or her involvement with child sexual abuse.
  556         (b) Placement decisions for a child who has been involved
  557  with child sexual abuse must include consideration of the needs
  558  of the child and any other children in the placement.
  559         (c) The department shall monitor the occurrence of child
  560  sexual abuse and the provision of services to children involved
  561  in child-on-child child sexual abuse or juvenile sexual abuse,
  562  or who have displayed inappropriate sexual behavior.
  563         (2) The department, contracted sheriff’s office providing
  564  protective investigation services, or contracted case management
  565  personnel responsible for providing services, at a minimum,
  566  shall adhere to the following procedures:
  567         (a) The purpose of the response to a report alleging child
  568  on-child juvenile sexual abuse behavior or inappropriate sexual
  569  behavior shall be explained to the caregiver.
  570         1. The purpose of the response shall be explained in a
  571  manner consistent with legislative purpose and intent provided
  572  in this chapter.
  573         2. The name and office telephone number of the person
  574  responding shall be provided to the caregiver of the alleged
  575  abuser or child who has exhibited inappropriate sexual behavior
  576  and the victim’s caregiver.
  577         3. The possible consequences of the department’s response,
  578  including outcomes and services, shall be explained to the
  579  caregiver of the alleged abuser or child who has exhibited
  580  inappropriate sexual behavior and the victim’s caregiver.
  581         Section 8. Subsection (6) of section 39.301, Florida
  582  Statutes, is amended to read:
  583         39.301 Initiation of protective investigations.—
  584         (6) Upon commencing an investigation under this part, if a
  585  report was received from a reporter under s. 39.201(1)(a)2. s.
  586  39.201(1)(b), the protective investigator must provide his or
  587  her contact information to the reporter within 24 hours after
  588  being assigned to the investigation. The investigator must also
  589  advise the reporter that he or she may provide a written summary
  590  of the report made to the central abuse hotline to the
  591  investigator which shall become a part of the electronic child
  592  welfare case file.
  593         Section 9. Paragraph (g) of subsection (2) of section
  594  934.03, Florida Statutes, is amended to read:
  595         934.03 Interception and disclosure of wire, oral, or
  596  electronic communications prohibited.—
  597         (2)
  598         (g) It is lawful under this section and ss. 934.04-934.09
  599  for an employee of:
  600         1. An ambulance service licensed pursuant to s. 401.25, a
  601  fire station employing firefighters as defined by s. 633.102, a
  602  public utility, a law enforcement agency as defined by s.
  603  934.02(10), or any other entity with published emergency
  604  telephone numbers;
  605         2. An agency operating an emergency telephone number “911”
  606  system established pursuant to s. 365.171; or
  607         3. The central abuse hotline operated pursuant to s. 39.101
  608  s. 39.201
  610  to intercept and record incoming wire communications; however,
  611  such employee may intercept and record incoming wire
  612  communications on designated “911” telephone numbers and
  613  published nonemergency telephone numbers staffed by trained
  614  dispatchers at public safety answering points only. It is also
  615  lawful for such employee to intercept and record outgoing wire
  616  communications to the numbers from which such incoming wire
  617  communications were placed when necessary to obtain information
  618  required to provide the emergency services being requested. For
  619  the purpose of this paragraph, the term “public utility” has the
  620  same meaning as provided in s. 366.02 and includes a person,
  621  partnership, association, or corporation now or hereafter owning
  622  or operating equipment or facilities in the state for conveying
  623  or transmitting messages or communications by telephone or
  624  telegraph to the public for compensation.
  625         Section 10. This act shall take effect July 1, 2019.