Senate Bill 1024

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    Florida Senate - 1998                                  SB 1024

    By Senator Hargrett





    21-741-98

  1                      A bill to be entitled

  2         An act relating to false reports of abuse or

  3         neglect of a child; amending s. 415.513, F.S.;

  4         providing for investigation by the Department

  5         of Law Enforcement of possible false reports;

  6         providing for law enforcement entities to

  7         handle certain reports of abuse or neglect

  8         during the pendency of such an investigation;

  9         providing procedures; specifying the penalty

10         for knowingly and willfully making, or advising

11         another to make, a false report; providing for

12         state attorneys to report annually to the

13         Legislature the number of complaints that have

14         resulted in informations or indictments;

15         amending s. 415.5131, F.S.; increasing the

16         maximum amount of the administrative fine that

17         may be imposed for knowingly and willfully

18         making, or counseling another to make, a false

19         report; providing an effective date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Present subsections (4) and (5) of section

24  415.513, Florida Statutes, are redesignated as subsections (5)

25  and (6), respectively, and amended, and a new subsection (4)

26  is added to that section, to read:

27         415.513  Penalties relating to abuse reporting.--

28         (4)  If the department or its authorized agent has

29  received and investigated two reports of abuse or neglect of

30  children in the same family and has determined after its

31  investigation that the reports are false, or has received and

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    Florida Senate - 1998                                  SB 1024
    21-741-98




  1  investigated three reports of abuse or neglect of children

  2  from the same family and has determined after its

  3  investigation that there are no indications of maltreatment,

  4  the department shall refer the reports to the Department of

  5  Law Enforcement for an investigation to determine if the

  6  reporter is guilty of filing a false report as defined in s.

  7  415.503. During the pendency of the investigation by the

  8  Department of Law Enforcement, all subsequent reports on

  9  children in that same family must be handled by the Department

10  of Law Enforcement and local law enforcement. Upon completing

11  its investigation to determine if any of the reports is a

12  false report, the Department of Law Enforcement shall either

13  refer the case to the appropriate state attorney for

14  prosecution or shall return the case to the department.

15         (5)(4)  A person who knowingly and willfully makes a

16  false report of child abuse or neglect, or who advises another

17  to make a false report, is guilty of a felony of the third

18  misdemeanor of the second degree, punishable as provided in s.

19  775.082 or s. 775.083. Anyone making a report who is acting in

20  good faith is immune from any liability under this subsection.

21         (6)(5)  Each state attorney shall establish and publish

22  procedures to facilitate the prosecution of persons under this

23  section, and shall report to the Legislature annually the

24  number of complaints that have resulted in the filing of an

25  information or indictment under this section.

26         Section 2.  Subsection (1) of section 415.5131, Florida

27  Statutes, is amended to read:

28         415.5131  Administrative fines for false report of

29  abuse or neglect of a child.--

30         (1)  In addition to any other penalty authorized by

31  this section, chapter 120, or other law, the department may

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    Florida Senate - 1998                                  SB 1024
    21-741-98




  1  impose a fine, not to exceed $10,000 $1,000 for each

  2  violation, upon a person who knowingly and willfully makes a

  3  false report of abuse or neglect of a child, or a person who

  4  counsels another to make a false report.

  5         Section 3.  This act shall take effect July 1, 1998.

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  8                          SENATE SUMMARY

  9    Provides for the Department of Law Enforcement to
      investigate possible false reports of abuse or neglect of
10    a child. Provides for law enforcement entities to handle
      certain reports of abuse or neglect during the pendency
11    of such an investigation. Provides procedures. Changes
      the penalty for knowingly and willfully making, or
12    advising another to make, a false report, by classifying
      the crime as a third-degree felony rather than as a
13    second-degree misdemeanor. Requires state attorneys to
      report annually to the Legislature the number of
14    complaints that resulted in informations or indictments.
      Increases from $1,000 to $10,000 the maximum amount of
15    the administrative fine that may be imposed for knowingly
      and willfully making, or counseling another to make, a
16    false report.

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