House Bill 4229c1

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    Florida House of Representatives - 1998             CS/HB 4229

        By the Committee on Law Enforcement & Public Safety and
    Representatives Dockery and Kelly





  1                      A bill to be entitled

  2         An act relating to false reports of abuse or

  3         neglect of a child or of abuse, neglect, or

  4         exploitation of a disabled adult or elderly

  5         person; amending s. 415.107, F.S.; authorizing

  6         the Department of Children and Family Services

  7         to provide the identity of a person reporting

  8         adult abuse, neglect, or exploitation to a law

  9         enforcement agency; amending s. 415.111, F.S.;

10         providing for investigation by local law

11         enforcement agencies of possible false reports

12         if the alleged perpetrator consents; providing

13         for the law enforcement agencies to handle

14         certain reports of abuse, neglect, or

15         exploitation during the pendency of such an

16         investigation; providing duties of the

17         department and procedures; providing for the

18         law enforcement agencies to refer certain

19         reports to the state attorney for prosecution;

20         making the offense of knowingly and willfully

21         making or advising another to make a false

22         report a third degree felony; providing

23         penalties; providing for the Department of

24         Children and Family Services to report annually

25         to the Legislature the number of reports

26         referred to law enforcement agencies for

27         investigation of possible false reports;

28         providing for state attorneys to establish

29         written procedures and report annually to the

30         Legislature the number of complaints that have

31         resulted in informations or indictments;

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    Florida House of Representatives - 1998             CS/HB 4229

    604-130-98






  1         amending s. 415.1113, F.S.; increasing tenfold

  2         the maximum amount of the administrative fine

  3         that may be imposed for knowingly and willfully

  4         making or counseling another to make a false

  5         report; amending s. 415.513, F.S.; deleting the

  6         requirement for the Department of Children and

  7         Family Services to provide certain information

  8         on false reports to the state attorney;

  9         providing for the Department of Children and

10         Family Services to report annually to the

11         Legislature the number of reports referred to

12         law enforcement agencies; providing for

13         investigation by local law enforcement agencies

14         of possible false reports if the alleged

15         perpetrator consents; providing for the law

16         enforcement agencies to refer certain reports

17         to the state attorney for prosecution;

18         providing for the law enforcement agencies to

19         handle certain reports of abuse or neglect

20         during the pendency of such an investigation;

21         providing duties of the department and

22         procedures; making the offense of knowingly and

23         willfully making, or advising another to make,

24         a false report a third degree felony; providing

25         penalties; providing for state attorneys to

26         establish written procedures and report

27         annually to the Legislature the number of

28         complaints that have resulted in informations

29         or indictments; amending s. 415.5131, F.S.;

30         increasing tenfold the maximum amount of the

31         administrative fine that may be imposed for

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    Florida House of Representatives - 1998             CS/HB 4229

    604-130-98






  1         knowingly and willfully making, or counseling

  2         another to make, a false report; providing an

  3         effective date.

  4

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

  6

  7         Section 1.  Subsection (6) of section 415.107, Florida

  8  Statutes, is amended to read:

  9         415.107  Confidentiality of reports and records.--

10         (6)  The identity of any person reporting adult abuse,

11  neglect, or exploitation may not be released, without that

12  person's written consent, to any person other than employees

13  of the department responsible for adult protective services,

14  the central abuse registry and tracking system, or the

15  appropriate state attorney or law enforcement agency.  This

16  subsection grants protection only for the person who reported

17  the adult abuse, neglect, or exploitation and protects only

18  the fact that the person is the reporter. This subsection does

19  not prohibit the subpoena of a person reporting adult abuse,

20  neglect, or exploitation when deemed necessary by the state

21  attorney or the department to protect a disabled adult or an

22  elderly person who is the subject of a report, if the fact

23  that the person made the report is not disclosed.

24         Section 2.  Present subsections (4) and (5) of section

25  415.111, Florida Statutes, are redesignated as subsections (5)

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

27  is added to that section, to read:

28         415.111  Criminal penalties.--

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

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

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

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    Florida House of Representatives - 1998             CS/HB 4229

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  1  refer the report to the local law enforcement agency having

  2  jurisdiction for an investigation to determine whether

  3  sufficient evidence exists to refer the case for prosecution

  4  for filing a false report as defined in s. 415.102. During the

  5  pendency of the investigation by the local law enforcement

  6  agency, the local law enforcement agency must respond to all

  7  subsequent reports concerning the same disabled adult or

  8  elderly person in accordance with s. 415.104 or s. 415.1045.

  9  If the law enforcement agency believes that there are

10  indicators of abuse, neglect, or exploitation, it must

11  immediately notify the department, which must assure the

12  safety of the disabled adult or elderly person. If the law

13  enforcement agency finds sufficient evidence for prosecution

14  for filing a false report, it must refer the case to the

15  appropriate state attorney for prosecution.

16         (5)(4)  A person who knowingly and willfully makes a

17  false report of abuse, neglect, or exploitation of a disabled

18  adult or an elderly person, or a person who advises another to

19  make a false report, commits a felony of the third misdemeanor

20  of the second degree, punishable as provided in s. 775.082 or

21  s. 775.083.

22         (a)  The department shall establish procedures for

23  determining whether a false report of abuse, neglect, or

24  exploitation of a disabled adult or an elderly person has been

25  made and for submitting all identifying information relating

26  to such a false report to the local law enforcement agency as

27  provided in this section and shall report annually to the

28  Legislature the number of reports referred state attorney for

29  prosecution.

30         (b)  Anyone making a report who is acting in good faith

31  is immune from any liability under this subsection.

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    Florida House of Representatives - 1998             CS/HB 4229

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  1         (6)(5)  Each state attorney shall establish written

  2  procedures to facilitate the prosecution of persons under this

  3  section and shall report to the Legislature annually the

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

  5  information or indictment under this section.

  6         Section 3.  Subsection (1) of section 415.1113, Florida

  7  Statutes, is amended to read:

  8         415.1113  Administrative fines for false report of

  9  abuse, neglect, or exploitation of a disabled adult or an

10  elderly person.--

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

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

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

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

15  false report of abuse, neglect, or exploitation of a disabled

16  adult or an elderly person, or a person who counsels another

17  to make a false report.

18         Section 4.  Subsection (3) of section 415.513, Florida

19  Statutes, is amended, and present subsections (4) and (5) of

20  that section are redesignated as subsections (5) and (6),

21  respectively, and amended, and a new subsection (4) is added

22  to that section, to read:

23         415.513  Penalties relating to abuse reporting.--

24         (3)  The department shall establish procedures for

25  determining whether a false report of child abuse or neglect

26  has been made and for submitting all identifying information

27  relating to such a report to the appropriate law enforcement

28  agency and shall report annually to the Legislature the number

29  of reports referred the state attorney for prosecution.

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

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

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    Florida House of Representatives - 1998             CS/HB 4229

    604-130-98






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

  2  refer the report to the local law enforcement agency having

  3  jurisdiction for an investigation to determine whether

  4  sufficient evidence exists to refer the case for prosecution

  5  for filing a false report as defined in s. 415.503. During the

  6  pendency of the investigation by the local law enforcement

  7  agency, the local law enforcement agency must respond to all

  8  subsequent reports concerning children in that same family in

  9  accordance with s. 415.505. If the law enforcement agency

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

11  must immediately notify the department, which must assure the

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

13  sufficient evidence for prosecution for filing a false report,

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

15  prosecution.

16         (5)(4)  A person who knowingly and willfully makes a

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

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

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

20  775.082 or s. 775.083. Anyone making a report who is acting in

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

22         (6)(5)  Each state attorney shall establish written

23  procedures to facilitate the prosecution of persons under this

24  section, and shall report to the Legislature annually the

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

26  information or indictment under this section.

27         Section 5.  Subsection (1) of section 415.5131, Florida

28  Statutes, is amended to read:

29         415.5131  Administrative fines for false report of

30  abuse or neglect of a child.--

31

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    Florida House of Representatives - 1998             CS/HB 4229

    604-130-98






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

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

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

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

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

  6  counsels another to make a false report.

  7         Section 6.  This act shall take effect July 1 of the

  8  year in which enacted.

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