Florida Senate - 2019 CS for SB 1214
By the Committee on Children, Families, and Elder Affairs; and
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:
(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
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
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
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
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
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
108 39.101 Central abuse hotline.—The central abuse hotline is
109 the first step in the safety assessment and investigation
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
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
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
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
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
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.
305 (2) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.—
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
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
476 828.075 Cross-reporting child and animal abuse and
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
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
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.
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;
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
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.—
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.