SENATE AMENDMENT

    Bill No. CS for SB 2170

    Amendment No. 2

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  The Committee on Rules and Calendar recommended the following

12  amendment:

13

14         Senate Amendment (with title amendment) 

15         On page 73, lines 18-27, delete those lines

16

17  and insert:  appropriate law enforcement agency and shall

18  report annually to the Legislature the number of reports

19  referred the state attorney for prosecution.

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

21  determined after its investigation that a report is false, the

22  department shall, with the consent of the alleged perpetrator,

23  refer the report to the local law enforcement agency having

24  jurisdiction for an investigation to determine whether

25  sufficient evidence exists to refer the case for prosecution

26  for filing a false report as defined in s. 39.01(27). During

27  the pendency of the investigation by the local law enforcement

28  agency, the department must notify the local law enforcement

29  agency of and the local law enforcement agency must respond to

30  all subsequent reports concerning children in that same family

31  in accordance with s. 39.301. If the law enforcement agency

                                  1
    9:20 AM   04/24/98                                 s2170.rc.02




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2170

    Amendment No. 2





 1  believes that there are indicators of abuse or neglect, it

 2  must immediately notify the department, which must assure the

 3  safety of the children. If the law enforcement agency finds

 4  sufficient evidence for prosecution for filing a false report,

 5  it must refer the case to the appropriate state attorney for

 6  prosecution.

 7         (5)(4)  A person who knowingly and willfully makes a

 8  false report of child abuse, abandonment, or neglect, or who

 9  advises another to make a false report, is guilty of a felony

10  of the third misdemeanor of the second degree, punishable as

11  provided in s. 775.082 or s. 775.083. Anyone making a report

12  who is acting in good faith is immune from any liability under

13  this subsection.

14         (6)(5)  Each state attorney shall establish written

15  procedures to facilitate the prosecution of persons under this

16  section, and shall report to the Legislature annually the

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

18  information or indictment under this section and the

19  disposition of those complaints.

20

21

22  ================ T I T L E   A M E N D M E N T ===============

23  And the title is amended as follows:

24         On page 2, line 13, after the semicolon

25

26  insert:

27         providing for the Department of Children and

28         Family Services to report annually to the

29         Legislature the number of reports referred to

30         law enforcement agencies; increasing penalties;

31

                                  2
    9:20 AM   04/24/98                                 s2170.rc.02