CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. HB 4167
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Hargrett moved the following amendment to amendment
12 (684958):
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14 Senate Amendment (with title amendment)
15 On page 5, after line 31,
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17 insert:
18 Section 9. Subsection (6) of section 415.107, Florida
19 Statutes, is amended to read:
20 415.107 Confidentiality of reports and records.--
21 (6) The identity of any person reporting adult abuse,
22 neglect, or exploitation may not be released, without that
23 person's written consent, to any person other than employees
24 of the department responsible for adult protective services,
25 the central abuse registry and tracking system, or the
26 appropriate state attorney or law enforcement agency. This
27 subsection grants protection only for the person who reported
28 the adult abuse, neglect, or exploitation and protects only
29 the fact that the person is the reporter. This subsection does
30 not prohibit the subpoena of a person reporting adult abuse,
31 neglect, or exploitation when deemed necessary by the state
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SENATE AMENDMENT
Bill No. HB 4167
Amendment No.
1 attorney or the department to protect a disabled adult or an
2 elderly person who is the subject of a report, if the fact
3 that the person made the report is not disclosed.
4 Section 10. Present subsections (4) and (5) of section
5 415.111, Florida Statutes, are redesignated as subsections (5)
6 and (6), respectively, and amended, and a new subsection (4)
7 is added to that section, to read:
8 415.111 Criminal penalties.--
9 (4) If the department or its authorized agent has
10 determined after its investigation that a report is false, the
11 department shall, with the consent of the alleged perpetrator,
12 refer the reports to the local law enforcement agency having
13 jurisdiction for an investigation to determine whether
14 sufficient evidence exists to refer the case for prosecution
15 for filing a false report as defined in s. 415.102. During the
16 pendency of the investigation by the local law enforcement
17 agency, the local law enforcement agency must respond to all
18 subsequent reports concerning the same disabled adult or
19 elderly person in accordance with s. 415.104 or s. 415.1045.
20 If the law enforcement agency believes that there are
21 indicators of abuse, neglect, or exploitation, it must
22 immediately notify the department, which must assure the
23 safety of the disabled adult or elderly person. If the law
24 enforcement agency finds sufficient evidence for prosecution
25 for filing a false report, it must refer the case to the
26 appropriate state attorney for prosecution.
27 (5)(4) A person who knowingly and willfully makes a
28 false report of abuse, neglect, or exploitation of a disabled
29 adult or an elderly person, or a person who advises another to
30 make a false report, commits a felony of the third misdemeanor
31 of the second degree, punishable as provided in s. 775.082 or
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SENATE AMENDMENT
Bill No. HB 4167
Amendment No.
1 s. 775.083.
2 (a) The department shall establish procedures for
3 determining whether a false report of abuse, neglect, or
4 exploitation of a disabled adult or an elderly person has been
5 made and for submitting all identifying information relating
6 to such a false report to the local law enforcement agency as
7 provided in this subsection and shall report annually to the
8 Legislature the number of reports referred state attorney for
9 prosecution.
10 (b) Anyone making a report who is acting in good faith
11 is immune from any liability under this subsection.
12 (6)(5) Each state attorney shall establish and publish
13 procedures to facilitate the prosecution of persons under this
14 section and shall report to the Legislature annually the
15 number of complaints that have resulted in the filing of an
16 information or indictment under this section.
17 Section 11. Subsection (1) of section 415.1113,
18 Florida Statutes, is amended to read:
19 415.1113 Administrative fines for false report of
20 abuse, neglect, or exploitation of a disabled adult or an
21 elderly person.--
22 (1) In addition to any other penalty authorized by
23 this section, chapter 120, or other law, the department may
24 impose a fine, not to exceed $10,000 $1,000 for each
25 violation, upon a person who knowingly and willfully makes a
26 false report of abuse, neglect, or exploitation of a disabled
27 adult or an elderly person, or a person who counsels another
28 to make a false report.
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30 (Redesignate subsequent sections.)
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SENATE AMENDMENT
Bill No. HB 4167
Amendment No.
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 7, line 5, after the semicolon
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5 insert:
6 amending s. 415.107, F.S.; authorizing the
7 Department of Children and Family Services to
8 provide the identity of a person reporting
9 adult abuse, neglect, or exploitation to a law
10 enforcement agency; amending s. 415.111, F.S.;
11 providing for investigation by local law
12 enforcement agencies of possible false reports;
13 providing for law enforcement entities to
14 handle certain reports of abuse, neglect, or
15 exploitation during the pendency of such an
16 investigation; providing procedures; providing
17 for law enforcement agencies to refer certain
18 reports to the state attorney for prosecution;
19 specifying the penalty for knowingly and
20 willfully making or advising another to make a
21 false report; providing for the Department of
22 Children and Family Services to report annually
23 to the Legislature the number of reports
24 referred to law enforcement agencies for
25 investigation of possible false reports;
26 providing for state attorneys to report
27 annually to the Legislature the number of
28 complaints that have resulted in informations
29 or indictments; amending s. 415.1113, F.S.;
30 increasing the maximum amount of the
31 administrative fine that may be imposed for
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SENATE AMENDMENT
Bill No. HB 4167
Amendment No.
1 knowingly and willfully making or counseling
2 another to make a false report;
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