Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 1355, 1st Eng.
       
       
       
       
       
       
                                Barcode 215940                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 4/AD/2R         .         Floor: SENA4/C         
             03/08/2012 10:12 AM       .      03/08/2012 04:55 PM       
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senators Benacquisto and Storms moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 67 - 146
    4  and insert:
    5         Section 1. Subsections (1), (2), and (4) of section 39.201,
    6  Florida Statutes, are amended to read:
    7         39.201 Mandatory reports of child abuse, abandonment, or
    8  neglect; mandatory reports of death; central abuse hotline.—
    9         (1)(a) Any person who knows, or has reasonable cause to
   10  suspect, that a child is abused, abandoned, or neglected by a
   11  parent, legal custodian, caregiver, or other person responsible
   12  for the child’s welfare, as defined in this chapter, or that a
   13  child is in need of supervision and care and has no parent,
   14  legal custodian, or responsible adult relative immediately known
   15  and available to provide supervision and care shall report such
   16  knowledge or suspicion to the department in the manner
   17  prescribed in subsection (2).
   18         (b)Any person who knows, or who has reasonable cause to
   19  suspect, that a child is abused by an adult other than a parent,
   20  legal custodian, caregiver, or other person responsible for the
   21  child’s welfare, as defined in this chapter, shall report such
   22  knowledge or suspicion to the department in the manner
   23  prescribed in subsection (2).
   24         (c)Any person who knows, or has reasonable cause to
   25  suspect, that a child is the victim of childhood sexual abuse or
   26  the victim of a known or suspected juvenile sexual offender, as
   27  defined in this chapter, shall report such knowledge or
   28  suspicion to the department in the manner prescribed in
   29  subsection (2).
   30         (d)(b) Reporters in the following occupation categories are
   31  required to provide their names to the hotline staff:
   32         1. Physician, osteopathic physician, medical examiner,
   33  chiropractic physician, nurse, or hospital personnel engaged in
   34  the admission, examination, care, or treatment of persons;
   35         2. Health or mental health professional other than one
   36  listed in subparagraph 1.;
   37         3. Practitioner who relies solely on spiritual means for
   38  healing;
   39         4. School teacher or other school official or personnel;
   40         5. Social worker, day care center worker, or other
   41  professional child care, foster care, residential, or
   42  institutional worker;
   43         6. Law enforcement officer; or
   44         7. Judge.
   45  
   46  The names of reporters shall be entered into the record of the
   47  report, but shall be held confidential and exempt as provided in
   48  s. 39.202.
   49         (e)(c) A professional who is hired by or enters into a
   50  contract with the department for the purpose of treating or
   51  counseling any person, as a result of a report of child abuse,
   52  abandonment, or neglect, is not required to again report to the
   53  central abuse hotline the abuse, abandonment, or neglect that
   54  was the subject of the referral for treatment.
   55         (f)(d) An officer or employee of the judicial branch is not
   56  required to again provide notice of reasonable cause to suspect
   57  child abuse, abandonment, or neglect when that child is
   58  currently being investigated by the department, there is an
   59  existing dependency case, or the matter has previously been
   60  reported to the department, provided there is reasonable cause
   61  to believe the information is already known to the department.
   62  This paragraph applies only when the information has been
   63  provided to the officer or employee in the course of carrying
   64  out his or her official duties.
   65         (g)(e) Nothing in this chapter or in the contracting with
   66  community-based care providers for foster care and related
   67  services as specified in s. 409.1671 shall be construed to
   68  remove or reduce the duty and responsibility of any person,
   69  including any employee of the community-based care provider, to
   70  report a suspected or actual case of child abuse, abandonment,
   71  or neglect or the sexual abuse of a child to the department’s
   72  central abuse hotline.
   73         (2)(a) Each report of known or suspected child abuse,
   74  abandonment, or neglect by a parent, legal custodian, caregiver,
   75  or other person responsible for the child’s welfare as defined
   76  in this chapter, except those solely under s. 827.04(3), and
   77  each report that a child is in need of supervision and care and
   78  has no parent, legal custodian, or responsible adult relative
   79  immediately known and available to provide supervision and care
   80  shall be made immediately to the department’s central abuse
   81  hotline. Such reports may be made on the single statewide toll
   82  free telephone number or via fax, web-based chat, or web-based
   83  report. Personnel at the department’s central abuse hotline
   84  shall determine if the report received meets the statutory
   85  definition of child abuse, abandonment, or neglect. Any report
   86  meeting one of these definitions shall be accepted for the
   87  protective investigation pursuant to part III of this chapter.
   88         (b) Each report of known or suspected child abuse by an
   89  adult other than a parent, legal custodian, caregiver, or other
   90  person responsible for the child’s welfare, as defined in this
   91  chapter, shall be made immediately to the department’s central
   92  abuse hotline. Such reports may be made on the single statewide
   93  toll-free telephone number or via fax, web-based chat, or web
   94  based report. Such reports or calls shall be immediately
   95  electronically transferred to the appropriate county sheriff’s
   96  office by the central abuse hotline. If the report is of an
   97  instance of known or suspected child abuse by someone other than
   98  a parent, legal custodian, caregiver, or other person
   99  responsible for the child’s welfare as defined in this chapter,
  100  the report or call shall be immediately electronically
  101  transferred to the appropriate county sheriff’s office by the
  102  central abuse hotline.
  103         (c) Reports involving a known or suspected juvenile sexual
  104  offender or a child who has exhibited inappropriate sexual
  105  behavior shall be made and received by the department.
  106         1. The department shall determine the age of the alleged
  107  offender, if known.
  108         2. If the alleged offender is 12 years of age or younger,
  109  the central abuse hotline shall immediately electronically
  110  transfer the report or call to the county sheriff’s office. The
  111  department shall conduct an assessment and assist the family in
  112  receiving appropriate services pursuant to s. 39.307, and send a
  113  written report of the allegation to the appropriate county
  114  sheriff’s office within 48 hours after the initial report is
  115  made to the central abuse hotline.
  116         3. If the alleged offender is 13 years of age or older, the
  117  central abuse hotline shall immediately electronically transfer
  118  the report or call to the appropriate county sheriff’s office
  119  and send a written report to the appropriate county sheriff’s
  120  office within 48 hours after the initial report to the central
  121  abuse hotline.
  122         (d)(c) If the report is of an instance of known or
  123  suspected child abuse, abandonment, or neglect that occurred out
  124  of state and the alleged perpetrator and the child alleged to be
  125  a victim live out of state, the central abuse hotline shall not
  126  accept the report or call for investigation, but shall transfer
  127  the information on the report to the appropriate state.
  128         (e)(d) If the report is of an instance of known or
  129  suspected child abuse involving impregnation of a child under 16
  130  years of age by a person 21 years of age or older solely under
  131  s. 827.04(3), the report shall be made immediately to the
  132  appropriate county sheriff’s office or other appropriate law
  133  enforcement agency. If the report is of an instance of known or
  134  suspected child abuse solely under s. 827.04(3), the reporting
  135  provisions of this subsection do not apply to health care
  136  professionals or other persons who provide medical or counseling
  137  services to pregnant children when such reporting would
  138  interfere with the provision of medical services.
  139         (f)(e) Reports involving known or suspected institutional
  140  child abuse or neglect shall be made and received in the same
  141  manner as all other reports made pursuant to this section.
  142         (f) Reports involving a known or suspected juvenile sexual
  143  offender or a child who has exhibited inappropriate sexual
  144  behavior shall be made and received by the department.
  145         1. The department shall determine the age of the alleged
  146  offender, if known.
  147         2. If the alleged offender is 12 years of age or younger,
  148  the central abuse hotline shall immediately electronically
  149  transfer the report or call to the county sheriff’s office. The
  150  department shall conduct an assessment and assist the family in
  151  receiving appropriate services pursuant to s. 39.307, and send a
  152  written report of the allegation to the appropriate county
  153  sheriff’s office within 48 hours after the initial report is
  154  made to the central abuse hotline.
  155         3. If the alleged offender is 13 years of age or older, the
  156  central abuse hotline shall immediately electronically transfer
  157  the report or call to the appropriate county sheriff’s office
  158  and send a written report to the appropriate county sheriff’s
  159  office within 48 hours after the initial report to the central
  160  abuse hotline.