Florida Senate - 2012 SB 146
By Senator Flores
38-00130-12 2012146__
1 A bill to be entitled
2 An act relating to offenses by caregivers of minor
3 children; providing a short title; creating s. 827.10,
4 F.S.; penalizing the failure of a caregiver, willfully
5 or by culpable negligence, to make contact with a
6 child under a specified age in his or her care for a
7 certain period and to immediately report the child as
8 missing to a law enforcement agency after that period
9 expires without contact in certain circumstances;
10 providing criminal penalties; providing enhanced
11 criminal penalties in certain circumstances; creating
12 s. 827.11, F.S.; requiring the caregiver of a minor
13 child to report the child’s death to a law enforcement
14 agency within a specified period in certain
15 circumstances; requiring the caregiver of a minor
16 child to report the location of a child’s corpse to a
17 law enforcement agency within a specified period in
18 certain circumstances; providing criminal penalties;
19 amending s. 837.055, F.S.; providing enhanced criminal
20 penalties for a caregiver of a minor child who
21 knowingly and willfully gives false information with
22 specified intent to a law enforcement officer
23 conducting a missing person investigation or a felony
24 criminal investigation involving a child; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. This act may be cited as “Caylee’s Law.”
30 Section 2. Section 827.10, Florida Statutes, is created to
31 read:
32 827.10 Missing child; duty to report.—A caregiver who
33 willfully or by culpable negligence fails to make contact with
34 or otherwise verify the whereabouts and safety of a child in his
35 or her care who is 12 years of age or younger for a period of 48
36 hours and to immediately report the child as missing to a law
37 enforcement agency after this 48-hour period expires without
38 contact commits:
39 (1) A felony of the second degree if the child suffers
40 great bodily harm, permanent disability, or permanent
41 disfigurement while missing; or
42 (2) A felony of the third degree in any other circumstance,
43
44 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
45 Section 3. Section 827.11, Florida Statutes, is created to
46 read:
47 827.11 Death of a child or location of a child’s corpse;
48 reporting requirements.—
49 (1) A caregiver of a minor child must:
50 (a) Report the child’s death to a law enforcement agency
51 within 2 hours after learning about the child’s death; or
52 (b) Report the location of the child’s corpse to a law
53 enforcement agency within 2 hours after learning the location of
54 the corpse,
55
56 if the child’s death appears to have been one described in s.
57 406.11(1)(a) other than a death described in s. 406.11(1)(a)6.,
58 7., or 9.
59 (2) A person who violates this section commits a felony of
60 the second degree, punishable as provided in s. 775.082, s.
61 775.083, or s. 775.084.
62 Section 4. Section 837.055, Florida Statutes, is amended to
63 read:
64 837.055 False information to law enforcement during
65 investigation.—
66 (1) Except as provided in subsection (2), a person who
67 whoever knowingly and willfully gives false information to a law
68 enforcement officer who is conducting a missing person
69 investigation or a felony criminal investigation with the intent
70 to mislead the officer or impede the investigation commits a
71 misdemeanor of the first degree, punishable as provided in s.
72 775.082 or s. 775.083.
73 (2) A caregiver, as defined in s. 827.01, who knowingly and
74 willfully gives false information to a law enforcement officer
75 who is conducting a missing person investigation or a felony
76 criminal investigation involving a minor child in his or her
77 care with the intent to mislead the officer or impede the
78 investigation commits a felony of the second degree, punishable
79 as provided in s. 775.082, s. 775.083, or s. 775.084.
80 Section 5. This act shall take effect July 1, 2012.