Senate Bill 1676

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



    Florida Senate - 1999                                  SB 1676

    By Senator Forman





    32-1225-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to cross-reporting of family

  3         violence; amending ss. 39.201 and 828.073,

  4         F.S.; requiring animal control officers or

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

  6         to report known or suspected child abuse,

  7         abandonment, or neglect; providing a penalty;

  8         creating s. 39.208, F.S.; requiring persons who

  9         are required to report or investigate child

10         abuse, abandonment, or neglect under ch. 39,

11         F.S., to report known or suspected animal

12         abuse, maltreatment, neglect, or abandonment;

13         specifying information to be reported;

14         providing a penalty; providing an effective

15         date.

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

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

20  Statutes, 1998 Supplement, is amended to read:

21         39.201  Mandatory reports of child abuse, abandonment,

22  or neglect; mandatory reports of death; central abuse

23  hotline.--

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

25         (a)  Physician, osteopathic physician, medical

26  examiner, chiropractic physician, nurse, or hospital personnel

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

28  persons;

29         (b)  Health or mental health professional other than

30  one listed in paragraph (a);

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






    Florida Senate - 1999                                  SB 1676
    32-1225-99                                              See HB




  1         (c)  Practitioner who relies solely on spiritual means

  2  for healing;

  3         (d)  School teacher or other school official or

  4  personnel;

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

  6  professional child care, foster care, residential, or

  7  institutional worker; or

  8         (f)  Animal control officer or other agent appointed

  9  pursuant to s. 828.03; or

10         (g)(f)  Law enforcement officer,

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

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

14  knowledge or suspicion to the department in the manner

15  prescribed in subsection (2).

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

17  Statutes, 1998 Supplement, reads:

18         39.205  Penalties relating to reporting of child abuse,

19  abandonment, or neglect.--

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

21  suspected child abuse, abandonment, or neglect and who

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

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

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

25  s. 775.082 or s. 775.083.

26         Section 3.  Section 39.208, Florida Statutes, is

27  created to read:

28         39.208  Reports of abuse, maltreatment, neglect, or

29  abandonment of an animal required.--

30         (1)  Any person required to report or investigate cases

31  of suspected child abuse, abandonment, or neglect who knows or

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






    Florida Senate - 1999                                  SB 1676
    32-1225-99                                              See HB




  1  has reasonable cause to suspect that abuse, maltreatment,

  2  neglect, or abandonment of an animal has occurred shall

  3  immediately report such knowledge or suspicion to an animal

  4  control officer or other agent appointed pursuant to s.

  5  828.03.

  6         (2)  The report shall include the following

  7  information:

  8         (a)  A description of the animal.

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

10  maltreatment of the animal, including any evidence of prior

11  injury, abuse, or maltreatment of the animal or of other

12  animals.

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

14  animal, including any evidence of prior neglect or abandonment

15  of the animal or of other animals.

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

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

18  maltreatment, neglect, or abandonment of the animal.

19         (e)  The source of the report.

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

21  regard to the injury, abuse, maltreatment, neglect, or

22  abandonment of the animal.

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

24  person making the report.

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

26  suspected abuse, maltreatment, neglect, or abandonment of an

27  animal and who knowingly and willfully fails to do so commits

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

29  s. 775.082 or s. 775.083.

30         Section 4.  Subsection (8) is added to section 828.073,

31  Florida Statutes, to read:

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






    Florida Senate - 1999                                  SB 1676
    32-1225-99                                              See HB




  1         828.073  Animals found in distress; when agent may take

  2  charge; hearing; disposition; sale.--

  3         (8)  Any person charged with enforcing this section who

  4  knows, or has reasonable cause to suspect, that a child is an

  5  abused, abandoned, or neglected child is required to report

  6  such knowledge or suspicion to the Department of Children and

  7  Family Services as provided in s. 39.201.

  8         Section 5.  This act shall take effect October 1, 1999.

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11                          HOUSE SUMMARY

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      Requires animal control officers to report known or
13    suspected child abuse, abandonment, or neglect pursuant
      to the provisions of chapter 39, F.S. (Proceedings
14    Relating to Children). Requires persons required to
      report or investigate child abuse, abandonment, or
15    neglect under said chapter to report known or suspected
      abuse, maltreatment, neglect, or abandonment of an
16    animal. Provides a second degree misdemeanor penalty for
      knowing and willful failure to make such reports.
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