CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1666, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Forman moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 128, between lines 18 and 19,

15

16  insert:

17         Section 58.  Subsection (1) of section 39.201, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         39.201  Mandatory reports of child abuse, abandonment,

20  or neglect; mandatory reports of death; central abuse

21  hotline.--

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

23         (a)  Physician, osteopathic physician, medical

24  examiner, chiropractic physician, nurse, or hospital personnel

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

26  persons;

27         (b)  Health or mental health professional other than

28  one listed in paragraph (a);

29         (c)  Practitioner who relies solely on spiritual means

30  for healing;

31         (d)  School teacher or other school official or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1666, 1st Eng.

    Amendment No.    





 1  personnel;

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

 3  professional child care, foster care, residential, or

 4  institutional worker; or

 5         (f)  Animal control officer or other agent appointed

 6  pursuant to s. 828.03; or

 7         (g)(f)  Law enforcement officer,

 8

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

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

11  knowledge or suspicion to the department in the manner

12  prescribed in subsection (2).

13         Section 59.  Subsection (1) of section 39.205, Florida

14  Statutes, 1998 Supplement, reads:

15         39.205  Penalties relating to reporting of child abuse,

16  abandonment, or neglect.--

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

18  suspected child abuse, abandonment, or neglect and who

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

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

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

22  s. 775.082 or s. 775.083.

23         Section 60.  Section 39.208, Florida Statutes, is

24  created to read:

25         39.208  Reports of abuse, neglect, cruelty, or

26  abandonment of an animal required.--

27         (1)  Any person required to report child abuse,

28  abandonment, or neglect, and any person who in the course of

29  investigating child abuse, abandonment or neglect knows or has

30  reasonable cause to suspect that abuse, neglect, cruelty, or

31  abandonment of an animal has occurred shall report such

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1666, 1st Eng.

    Amendment No.    





 1  knowledge or suspicion, within 24 hours, to the local animal

 2  control officer or other agent appointed pursuant to s.

 3  828.03. Where no such local officer or agent exists, the

 4  report shall be made to the law enforcement agency with

 5  jurisdictional responsibility.

 6         (2)  The report shall, if available, include the

 7  following information:

 8         (a)  A description of the animal.

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

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

11  or abuse of the animal or of other animals.

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

13  animal, including any evidence of prior neglect or abandonment

14  of the animal or of other animals.

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

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

17  neglect, cruelty, or abandonment of the animal.

18         (e)  The source of the report.

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

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

21  of the animal.

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

23  person making the report.

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

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

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

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

28  775.082 or s. 775.083.

29         Section 61.  Subsection (1) of section 415.1034,

30  Florida Statutes, 1998 Supplement, is amended to read:

31         415.1034  Mandatory reporting of abuse, neglect, or

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1666, 1st Eng.

    Amendment No.    





 1  exploitation of disabled adults or elderly persons; mandatory

 2  reports of death.--

 3         (1)  MANDATORY REPORTING.--

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

 5         1.  Physician, osteopathic physician, medical examiner,

 6  chiropractic physician, nurse, or hospital personnel engaged

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

 8  adults or elderly persons;

 9         2.  Health professional or mental health professional

10  other than one listed in subparagraph 1.;

11         3.  Practitioner who relies solely on spiritual means

12  for healing;

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

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

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

16  or institutional staff;

17         5.  State, county, or municipal criminal justice

18  employee or law enforcement officer;

19         6.  Animal control officer or other agent appointed

20  pursuant to s. 828.03;

21         7.6.  Human rights advocacy committee or long-term care

22  ombudsman council member; or

23         8.7.  Bank, savings and loan, or credit union officer,

24  trustee, or employee,

25

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

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

28  neglected, or exploited shall immediately report such

29  knowledge or suspicion to the central abuse registry and

30  tracking system on the single statewide toll-free telephone

31  number.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1666, 1st Eng.

    Amendment No.    





 1         Section 62.  Subsection (1) of section 415.111, Florida

 2  Statutes, 1998 Supplement, reads:

 3         415.111  Criminal penalties.--

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

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

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

 7  knowingly and willfully prevents another person from doing so,

 8  commits a misdemeanor of the second degree, punishable as

 9  provided in s. 775.082 or s. 775.083.

10         Section 63.  Section 415.1114, Florida Statutes, is

11  created to read:

12         415.1114  Reports of abuse, neglect, cruelty, or

13  abandonment of an animal required.--

14         (1)  Any person required to report abuse, neglect, or

15  exploitation of a disabled adult or elderly person, and any

16  person who, in the course of investigating abuse, neglect or

17  exploitation of a disabled adult or elderly person, knows or

18  has reasonable cause to suspect that abuse, neglect, cruelty,

19  or abandonment of an animal has occurred shall report such

20  knowledge or suspicion, within 24 hours, to the local animal

21  control officer or other agent appointed pursuant to s.

22  828.03. Where no such local officer or agent exists, the

23  report shall be made to the law enforcement agency with

24  jurisdictional responsibility.

25         (2)  The report shall, if available, include the

26  following information:

27         (a)  A description of the animal.

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

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

30  or abuse of the animal or of other animals.

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

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1666, 1st Eng.

    Amendment No.    





 1  animal, including any evidence of prior neglect or abandonment

 2  of the animal or of other animals.

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

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

 5  neglect, cruelty, or abandonment of the animal.

 6         (e)  The source of the report.

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

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

 9  of the animal.

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

11  person making the report.

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

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

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

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

16  775.082 or s. 775.083.

17         Section 64.  Subsection (8) is added to section

18  828.073, Florida Statutes, to read:

19         828.073  Animals found in distress; when agent may take

20  charge; hearing; disposition; sale.--

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

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

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

24  neglect, or domestic violence shall immediately report such

25  knowledge or suspicion to the Department of Children and

26  Family Services as provided in s. 39.201.

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

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

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

30  victim of abuse, abandonment, exploitation, or domestic

31  violence shall immediately report such knowledge or suspicion

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1666, 1st Eng.

    Amendment No.    





 1  to the Department of Children and Family Services as provided

 2  in s. 415.1034.

 3

 4  (Redesignate subsequent sections.)

 5

 6

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

 8  And the title is amended as follows:

 9         On page 5, line 12, after the semicolon,

10

11  insert:

12         amending ss. 39.201, 415.1034, and 828.073,

13         F.S.; requiring animal control officers or

14         other agents appointed under s. 828.03, F.S.,

15         to report known or suspected child abuse,

16         abandonment, or neglect or abuse, neglect, or

17         exploitation of a disabled adult or elderly

18         person; providing a penalty; creating s.

19         39.208, F.S.; requiring persons who are

20         required to report or investigate child abuse,

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

22         report known or suspected animal abuse,

23         neglect, cruelty, or abandonment; creating s.

24         415.1114, F.S.; requiring persons who are

25         required to report or investigate abuse,

26         neglect, or exploitation of a disabled adult or

27         elderly person to report known or suspected

28         animal abuse, neglect, cruelty, or abandonment;

29         specifying information to be reported;

30         providing a penalty;

31

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