House Bill 1123

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    Florida House of Representatives - 1999                HB 1123

        By Representative Effman






  1                      A bill to be entitled

  2         An act relating to cross-reporting of family

  3         violence; amending ss. 39.201, 415.1034, and

  4         828.073, F.S.; requiring animal control

  5         officers or other agents appointed under s.

  6         828.03, F.S., to report known or suspected

  7         child abuse, abandonment, or neglect or abuse,

  8         neglect, or exploitation of a disabled adult or

  9         elderly person; providing a penalty; creating

10         s. 39.208, F.S.; requiring persons who are

11         required to report or investigate child abuse,

12         abandonment, or neglect under ch. 39, F.S., to

13         report known or suspected animal abuse,

14         neglect, cruelty, or abandonment; creating s.

15         415.1114, F.S.; requiring persons who are

16         required to report or investigate abuse,

17         neglect, or exploitation of a disabled adult or

18         elderly person to report known or suspected

19         animal abuse, neglect, cruelty, or abandonment;

20         specifying information to be reported;

21         providing a penalty; providing an effective

22         date.

23

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

25

26         Section 1.  Subsection (1) of section 39.201, Florida

27  Statutes, 1998 Supplement, is amended to read:

28         39.201  Mandatory reports of child abuse, abandonment,

29  or neglect; mandatory reports of death; central abuse

30  hotline.--

31         (1)  Any person, including, but not limited to, any:

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    Florida House of Representatives - 1999                HB 1123

    579-121A-99






  1         (a)  Physician, osteopathic physician, medical

  2  examiner, chiropractic physician, nurse, or hospital personnel

  3  engaged in the admission, examination, care, or treatment of

  4  persons;

  5         (b)  Health or mental health professional other than

  6  one listed in paragraph (a);

  7         (c)  Practitioner who relies solely on spiritual means

  8  for healing;

  9         (d)  School teacher or other school official or

10  personnel;

11         (e)  Social worker, day care center worker, or other

12  professional child care, foster care, residential, or

13  institutional worker; or

14         (f)  Animal control officer or other agent appointed

15  pursuant to s. 828.03; or

16         (g)(f)  Law enforcement officer,

17

18  who knows, or has reasonable cause to suspect, that a child is

19  an abused, abandoned, or neglected child shall report such

20  knowledge or suspicion to the department in the manner

21  prescribed in subsection (2).

22         Section 2.  Subsection (1) of section 39.205, Florida

23  Statutes, 1998 Supplement, reads:

24         39.205  Penalties relating to reporting of child abuse,

25  abandonment, or neglect.--

26         (1)  A person who is required to report known or

27  suspected child abuse, abandonment, or neglect and who

28  knowingly and willfully fails to do so, or who knowingly and

29  willfully prevents another person from doing so, is guilty of

30  a misdemeanor of the second degree, punishable as provided in

31  s. 775.082 or s. 775.083.

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    Florida House of Representatives - 1999                HB 1123

    579-121A-99






  1         Section 3.  Section 39.208, Florida Statutes, is

  2  created to read:

  3         39.208  Reports of abuse, neglect, cruelty, or

  4  abandonment of an animal required.--

  5         (1)  Any person required to report or investigate child

  6  abuse, abandonment, or neglect who knows or has reasonable

  7  cause to suspect that abuse, neglect, cruelty, or abandonment

  8  of an animal has occurred shall report such knowledge or

  9  suspicion, within 24 hours, to the local animal control

10  officer or other agent appointed pursuant to s. 828.03. Where

11  no such local officer or agent exists, the report shall be

12  made to the law enforcement agency with jurisdictional

13  responsibility.

14         (2)  The report shall include the following

15  information:

16         (a)  A description of the animal.

17         (b)  A description of any injury, cruelty, or abuse of

18  the animal, including any evidence of prior injury, cruelty,

19  or abuse of the animal or of other animals.

20         (c)  Any evidence of neglect or abandonment of the

21  animal, including any evidence of prior neglect or abandonment

22  of the animal or of other animals.

23         (d)  The name and address of the person or persons

24  alleged to be responsible for causing the injury, abuse,

25  neglect, cruelty, or abandonment of the animal.

26         (e)  The source of the report.

27         (f)  Any action taken by the reporting source with

28  regard to the injury, abuse, neglect, cruelty, or abandonment

29  of the animal.

30         (g)  The name, address, and telephone number of the

31  person making the report.

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    Florida House of Representatives - 1999                HB 1123

    579-121A-99






  1         (3)  A person who is required to report known or

  2  suspected abuse, neglect, cruelty, or abandonment of an animal

  3  and who knowingly and willfully fails to do so commits a

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

  5  775.082 or s. 775.083.

  6         Section 4.  Subsection (1) of section 415.1034, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         415.1034  Mandatory reporting of abuse, neglect, or

  9  exploitation of disabled adults or elderly persons; mandatory

10  reports of death.--

11         (1)  MANDATORY REPORTING.--

12         (a)  Any person, including, but not limited to, any:

13         1.  Physician, osteopathic physician, medical examiner,

14  chiropractic physician, nurse, or hospital personnel engaged

15  in the admission, examination, care, or treatment of disabled

16  adults or elderly persons;

17         2.  Health professional or mental health professional

18  other than one listed in subparagraph 1.;

19         3.  Practitioner who relies solely on spiritual means

20  for healing;

21         4.  Nursing home staff; assisted living facility staff;

22  adult day care center staff; adult family-care home staff;

23  social worker; or other professional adult care, residential,

24  or institutional staff;

25         5.  State, county, or municipal criminal justice

26  employee or law enforcement officer;

27         6.  Animal control officer or other agent appointed

28  pursuant to s. 828.03;

29         7.6.  Human rights advocacy committee or long-term care

30  ombudsman council member; or

31

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    Florida House of Representatives - 1999                HB 1123

    579-121A-99






  1         8.7.  Bank, savings and loan, or credit union officer,

  2  trustee, or employee,

  3

  4  who knows, or has reasonable cause to suspect, that a disabled

  5  adult or an elderly person has been or is being abused,

  6  neglected, or exploited shall immediately report such

  7  knowledge or suspicion to the central abuse registry and

  8  tracking system on the single statewide toll-free telephone

  9  number.

10         Section 5.  Subsection (1) of section 415.111, Florida

11  Statutes, 1998 Supplement, reads:

12         415.111  Criminal penalties.--

13         (1)  A person who knowingly and willfully fails to

14  report a case of known or suspected abuse, neglect, or

15  exploitation of a disabled adult or an elderly person, or who

16  knowingly and willfully prevents another person from doing so,

17  commits a misdemeanor of the second degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         Section 6.  Section 415.1114, Florida Statutes, is

20  created to read:

21         415.1114  Reports of abuse, neglect, cruelty, or

22  abandonment of an animal required.--

23         (1)  Any person required to report or investigate

24  abuse, neglect, or exploitation of a disabled adult or elderly

25  person who knows or has reasonable cause to suspect that

26  abuse, neglect, cruelty, or abandonment of an animal has

27  occurred shall report such knowledge or suspicion, within 24

28  hours, to the local animal control officer or other agent

29  appointed pursuant to s. 828.03. Where no such local officer

30  or agent exists, the report shall be made to the law

31  enforcement agency with jurisdictional responsibility.

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    Florida House of Representatives - 1999                HB 1123

    579-121A-99






  1         (2)  The report shall include the following

  2  information:

  3         (a)  A description of the animal.

  4         (b)  A description of any injury, cruelty, or abuse of

  5  the animal, including any evidence of prior injury, cruelty,

  6  or abuse of the animal or of other animals.

  7         (c)  Any evidence of neglect or abandonment of the

  8  animal, including any evidence of prior neglect or abandonment

  9  of the animal or of other animals.

10         (d)  The name and address of the person or persons

11  alleged to be responsible for causing the injury, abuse,

12  neglect, cruelty, or abandonment of the animal.

13         (e)  The source of the report.

14         (f)  Any action taken by the reporting source with

15  regard to the injury, abuse, neglect, cruelty, or abandonment

16  of the animal.

17         (g)  The name, address, and telephone number of the

18  person making the report.

19         (3)  A person who is required to report known or

20  suspected abuse, neglect, cruelty, or abandonment of an animal

21  and who knowingly and willfully fails to do so commits a

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

23  775.082 or s. 775.083.

24         Section 7.  Subsection (8) is added to section 828.073,

25  Florida Statutes, to read:

26         828.073  Animals found in distress; when agent may take

27  charge; hearing; disposition; sale.--

28         (8)(a)  Any person authorized to enforce the provisions

29  of this section who knows, or has reasonable cause to suspect,

30  that a child is or has been a victim of abuse, abandonment,

31  neglect, or domestic violence shall immediately report such

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    Florida House of Representatives - 1999                HB 1123

    579-121A-99






  1  knowledge or suspicion to the Department of Children and

  2  Family Services as provided in s. 39.201.

  3         (b)  Any person authorized to enforce the provisions of

  4  this section who knows, or has reasonable cause to suspect,

  5  that a disabled adult or an elderly person is or has been a

  6  victim of abuse, abandonment, exploitation, or domestic

  7  violence shall immediately report such knowledge or suspicion

  8  to the Department of Children and Family Services as provided

  9  in s. 415.1034.

10         Section 8.  This act shall take effect October 1, 1999.

11

12            *****************************************

13                          HOUSE SUMMARY

14
      Provides cross-reporting requirements for persons who are
15    required to report or investigate child abuse,
      abandonment, or neglect, or report or investigate abuse,
16    neglect, or exploitation of a disabled adult or elderly
      person, and animal control officers or others authorized
17    to enforce laws relating to animal cruelty, abuse,
      abandonment, and neglect. Provides a second degree
18    misdemeanor penalty for knowingly and willfully failing
      to make such report or preventing another from doing so.
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