Senate Bill 1024e1

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    CS for CS for SB 1024                          First Engrossed
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                        A bill to be entitled
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           An act relating to false reports of abuse or
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           neglect of a child or of abuse, neglect, or
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           exploitation of a disabled adult or elderly
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           person; amending s. 415.107, F.S.; authorizing
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           the Department of Children and Family Services
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           to provide the identity of a person reporting
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           adult abuse, neglect, or exploitation to a law
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           enforcement agency; amending s. 415.111, F.S.;
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           providing for investigation by local law
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           enforcement agencies of possible false reports;
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           providing for law enforcement entities to
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           handle certain reports of abuse, neglect, or
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           exploitation during the pendency of such an
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           investigation; providing procedures; providing
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           for law enforcement agencies to refer certain
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           reports to the state attorney for prosecution;
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           specifying the penalty for knowingly and
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           willfully making or advising another to make a
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           false report; providing for the Department of
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           Children and Family Services to report annually
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           to the Legislature the number of reports
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           referred to law enforcement agencies for
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           investigation of possible false reports;
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           providing for state attorneys to report
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           annually to the Legislature the number of
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           complaints that have resulted in informations
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           or indictments; amending s. 415.1113, F.S.;
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           increasing the maximum amount of the
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           administrative fine that may be imposed for
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           knowingly and willfully making or counseling

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    CS for CS for SB 1024                          First Engrossed
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           another to make a false report; amending s.
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           415.513, F.S.; deleting the requirement for the
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           Department of Children and Family Services to
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           provide information to the state attorney;
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           providing for the Department of Children and
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           Family Services to report annually to the
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           Legislature the number of reports referred to
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           law enforcement agencies; providing for
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           investigation by local law enforcement agencies
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           of possible false reports; providing for law
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           enforcement agencies to refer certain reports
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           to the state attorney for prosecution;
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           providing for law enforcement entities to
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           handle certain reports of abuse or neglect
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           during the pendency of such an investigation;
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           providing procedures; specifying the penalty
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           for knowingly and willfully making, or advising
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           another to make, a false report; providing for
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           state attorneys to report annually to the
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           Legislature the number of complaints that have
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           resulted in informations or indictments;
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           amending s. 415.5131, F.S.; increasing the
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           maximum amount of the administrative fine that
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           may be imposed for knowingly and willfully
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           making, or counseling another to make, a false
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           report; providing an effective date.
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    Be It Enacted by the Legislature of the State of Florida:
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           Section 1.  Subsection (6) of section 415.107, Florida
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    Statutes, is amended to read:

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    CS for CS for SB 1024                          First Engrossed
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           415.107  Confidentiality of reports and records.--
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           (6)  The identity of any person reporting adult abuse,
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    neglect, or exploitation may not be released, without that
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    person's written consent, to any person other than employees
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    of the department responsible for adult protective services,
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    the central abuse registry and tracking system, or the
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    appropriate state attorney or law enforcement agency.  This
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    subsection grants protection only for the person who reported
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    the adult abuse, neglect, or exploitation and protects only
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    the fact that the person is the reporter. This subsection does
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    not prohibit the subpoena of a person reporting adult abuse,
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    neglect, or exploitation when deemed necessary by the state
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    attorney or the department to protect a disabled adult or an
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    elderly person who is the subject of a report, if the fact
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    that the person made the report is not disclosed.
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           Section 2.  Present subsections (4) and (5) of section
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    415.111, Florida Statutes, are redesignated as subsections (5)
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    and (6), respectively, and amended, and a new subsection (4)
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    is added to that section, to read:
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           415.111  Criminal penalties.--
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           (4)  If the department or its authorized agent has
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    determined after its investigation that a report is false, the
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    department shall, with the consent of the alleged perpetrator,
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    refer the reports to the local law enforcement agency having
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    jurisdiction for an investigation to determine whether
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    sufficient evidence exists to refer the case for prosecution
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    for filing a false report as defined in s. 415.102. During the
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    pendency of the investigation by the local law enforcement
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    agency, the department must notify the local law enforcement
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    agency of and the local law enforcement agency must respond to
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    all subsequent reports concerning the same disabled adult or

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    elderly person in accordance with s. 415.104 or s. 415.1045.
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    If the law enforcement agency believes that there are
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    indicators of abuse, neglect, or exploitation, it must
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    immediately notify the department, which must assure the
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    safety of the disabled adult or elderly person. If the law
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    enforcement agency finds sufficient evidence for prosecution
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    for filing a false report, it must refer the case to the
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    appropriate state attorney for prosecution.
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           (5)(4)  A person who knowingly and willfully makes a
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    false report of abuse, neglect, or exploitation of a disabled
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    adult or an elderly person, or a person who advises another to
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    make a false report, commits a felony of the third misdemeanor
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    of the second degree, punishable as provided in s. 775.082 or
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    s. 775.083.
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           (a)  The department shall establish procedures for
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    determining whether a false report of abuse, neglect, or
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    exploitation of a disabled adult or an elderly person has been
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    made and for submitting all identifying information relating
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    to such a false report to the local law enforcement agency as
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    provided in this subsection and shall report annually to the
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    Legislature the number of reports referred state attorney for
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    prosecution.
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           (b)  Anyone making a report who is acting in good faith
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    is immune from any liability under this subsection.
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           (6)(5)  Each state attorney shall establish and publish
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    procedures to facilitate the prosecution of persons under this
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    section and shall report to the Legislature annually the
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    number of complaints that have resulted in the filing of an
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    information or indictment under this section.
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           Section 3.  Subsection (1) of section 415.1113, Florida
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    Statutes, is amended to read:

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    CS for CS for SB 1024                          First Engrossed
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           415.1113  Administrative fines for false report of
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    abuse, neglect, or exploitation of a disabled adult or an
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    elderly person.--
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           (1)  In addition to any other penalty authorized by
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    this section, chapter 120, or other law, the department may
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    impose a fine, not to exceed $10,000 $1,000 for each
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    violation, upon a person who knowingly and willfully makes a
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    false report of abuse, neglect, or exploitation of a disabled
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    adult or an elderly person, or a person who counsels another
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    to make a false report.
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           Section 4.  Subsection (3) of section 415.513, Florida
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    Statutes, is amended, and present subsections (4) and (5) of
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    that section are redesignated as subsections (5) and (6),
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    respectively, and amended, and a new subsection (4) is added
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    to that section, to read:
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           415.513  Penalties relating to abuse reporting.--
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           (3)  The department shall establish procedures for
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    determining whether a false report of child abuse or neglect
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    has been made and for submitting all identifying information
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    relating to such a report to the appropriate law enforcement
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    agency and shall report annually to the Legislature the number
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    of reports referred the state attorney for prosecution.
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           (4)  If the department or its authorized agent has
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    determined after its investigation that a report is false, the
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    department shall, with the consent of the alleged perpetrator,
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    refer the report to the local law enforcement agency having
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    jurisdiction for an investigation to determine whether
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    sufficient evidence exists to refer the case for prosecution
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    for filing a false report as defined in s. 415.503. During the
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    pendency of the investigation by the local law enforcement
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    agency, the department must notify the local law enforcement

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CODING: Words stricken are deletions; words underlined are additions.






    CS for CS for SB 1024                          First Engrossed
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    agency of and the local law enforcement agency must respond to
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    all subsequent reports concerning children in that same family
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    in accordance with s. 415.505. If the law enforcement agency
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    believes that there are indicators of abuse or neglect, it
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    must immediately notify the department, which must assure the
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    safety of the children. If the law enforcement agency finds
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    sufficient evidence for prosecution for filing a false report,
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    it must refer the case to the appropriate state attorney for
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    prosecution.
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           (5)(4)  A person who knowingly and willfully makes a
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    false report of child abuse or neglect, or who advises another
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    to make a false report, is guilty of a felony of the third
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    misdemeanor of the second degree, punishable as provided in s.
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    775.082 or s. 775.083. Anyone making a report who is acting in
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    good faith is immune from any liability under this subsection.
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           (6)(5)  Each state attorney shall establish and publish
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    procedures to facilitate the prosecution of persons under this
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    section, and shall report to the Legislature annually the
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    number of complaints that have resulted in the filing of an
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    information or indictment under this section.
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           Section 5.  Subsection (1) of section 415.5131, Florida
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    Statutes, is amended to read:
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           415.5131  Administrative fines for false report of
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    abuse or neglect of a child.--
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           (1)  In addition to any other penalty authorized by
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    this section, chapter 120, or other law, the department may
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    impose a fine, not to exceed $10,000 $1,000 for each
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    violation, upon a person who knowingly and willfully makes a
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    false report of abuse or neglect of a child, or a person who
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    counsels another to make a false report.
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           Section 6.  This act shall take effect July 1, 1998.

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