Senate Bill 1024e1
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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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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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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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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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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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