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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11 Senator Forman moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 128, between lines 18 and 19,
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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,
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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,
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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.
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4 (Redesignate subsequent sections.)
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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,
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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;
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