Senate Bill 1676c1
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Florida Senate - 1999 CS for SB 1676
By the Committee on Children and Families; and Senator Forman
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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:
1
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Florida Senate - 1999 CS for SB 1676
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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 Senate - 1999 CS for SB 1676
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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 child abuse,
6 abandonment, or neglect, and any person who in the course of
7 investigating child abuse, abandonment or neglect knows or has
8 reasonable cause to suspect that abuse, neglect, cruelty, or
9 abandonment of an animal has occurred shall report such
10 knowledge or suspicion, within 24 hours, to the local animal
11 control officer or other agent appointed pursuant to s.
12 828.03. Where no such local officer or agent exists, the
13 report shall be made to the law enforcement agency with
14 jurisdictional responsibility.
15 (2) The report shall, if available, include the
16 following information:
17 (a) A description of the animal.
18 (b) A description of any injury, cruelty, or abuse of
19 the animal, including any evidence of prior injury, cruelty,
20 or abuse of the animal or of other animals.
21 (c) Any evidence of neglect or abandonment of the
22 animal, including any evidence of prior neglect or abandonment
23 of the animal or of other animals.
24 (d) The name and address of the person or persons
25 alleged to be responsible for causing the injury, abuse,
26 neglect, cruelty, or abandonment of the animal.
27 (e) The source of the report.
28 (f) Any action taken by the reporting source with
29 regard to the injury, abuse, neglect, cruelty, or abandonment
30 of the animal.
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Florida Senate - 1999 CS for SB 1676
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1 (g) The name, address, and telephone number of the
2 person making the report.
3 (3) A person who is required to report known or
4 suspected abuse, neglect, cruelty, or abandonment of an animal
5 and who knowingly and willfully fails to do so commits a
6 misdemeanor of the second degree, punishable as provided in s.
7 775.082 or s. 775.083.
8 Section 4. Subsection (1) of section 415.1034, Florida
9 Statutes, 1998 Supplement, is amended to read:
10 415.1034 Mandatory reporting of abuse, neglect, or
11 exploitation of disabled adults or elderly persons; mandatory
12 reports of death.--
13 (1) MANDATORY REPORTING.--
14 (a) Any person, including, but not limited to, any:
15 1. Physician, osteopathic physician, medical examiner,
16 chiropractic physician, nurse, or hospital personnel engaged
17 in the admission, examination, care, or treatment of disabled
18 adults or elderly persons;
19 2. Health professional or mental health professional
20 other than one listed in subparagraph 1.;
21 3. Practitioner who relies solely on spiritual means
22 for healing;
23 4. Nursing home staff; assisted living facility staff;
24 adult day care center staff; adult family-care home staff;
25 social worker; or other professional adult care, residential,
26 or institutional staff;
27 5. State, county, or municipal criminal justice
28 employee or law enforcement officer;
29 6. Animal control officer or other agent appointed
30 pursuant to s. 828.03;
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Florida Senate - 1999 CS for SB 1676
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1 7.6. Human rights advocacy committee or long-term care
2 ombudsman council member; or
3 8.7. Bank, savings and loan, or credit union officer,
4 trustee, or employee,
5
6 who knows, or has reasonable cause to suspect, that a disabled
7 adult or an elderly person has been or is being abused,
8 neglected, or exploited shall immediately report such
9 knowledge or suspicion to the central abuse registry and
10 tracking system on the single statewide toll-free telephone
11 number.
12 Section 5. Subsection (1) of section 415.111, Florida
13 Statutes, 1998 Supplement, reads:
14 415.111 Criminal penalties.--
15 (1) A person who knowingly and willfully fails to
16 report a case of known or suspected abuse, neglect, or
17 exploitation of a disabled adult or an elderly person, or who
18 knowingly and willfully prevents another person from doing so,
19 commits a misdemeanor of the second degree, punishable as
20 provided in s. 775.082 or s. 775.083.
21 Section 6. Section 415.1114, Florida Statutes, is
22 created to read:
23 415.1114 Reports of abuse, neglect, cruelty, or
24 abandonment of an animal required.--
25 (1) Any person required to report abuse, neglect, or
26 exploitation of a disabled adult or elderly person, and any
27 person who, in the course of investigating abuse, neglect or
28 exploitation of a disabled adult or elderly person, knows or
29 has reasonable cause to suspect that abuse, neglect, cruelty,
30 or abandonment of an animal has occurred shall report such
31 knowledge or suspicion, within 24 hours, to the local animal
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Florida Senate - 1999 CS for SB 1676
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1 control officer or other agent appointed pursuant to s.
2 828.03. Where no such local officer or agent exists, the
3 report shall be made to the law enforcement agency with
4 jurisdictional responsibility.
5 (2) The report shall, if available, include the
6 following information:
7 (a) A description of the animal.
8 (b) A description of any injury, cruelty, or abuse of
9 the animal, including any evidence of prior injury, cruelty,
10 or abuse of the animal or of other animals.
11 (c) Any evidence of neglect or abandonment of the
12 animal, including any evidence of prior neglect or abandonment
13 of the animal or of other animals.
14 (d) The name and address of the person or persons
15 alleged to be responsible for causing the injury, abuse,
16 neglect, cruelty, or abandonment of the animal.
17 (e) The source of the report.
18 (f) Any action taken by the reporting source with
19 regard to the injury, abuse, neglect, cruelty, or abandonment
20 of the animal.
21 (g) The name, address, and telephone number of the
22 person making the report.
23 (3) A person who is required to report known or
24 suspected abuse, neglect, cruelty, or abandonment of an animal
25 and who knowingly and willfully fails to do so commits a
26 misdemeanor of the second degree, punishable as provided in s.
27 775.082 or s. 775.083.
28 Section 7. Subsection (8) is added to section 828.073,
29 Florida Statutes, to read:
30 828.073 Animals found in distress; when agent may take
31 charge; hearing; disposition; sale.--
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Florida Senate - 1999 CS for SB 1676
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1 (8)(a) Any person authorized to enforce the provisions
2 of this section who knows, or has reasonable cause to suspect,
3 that a child is or has been a victim of abuse, abandonment,
4 neglect, or domestic violence shall immediately report such
5 knowledge or suspicion to the Department of Children and
6 Family Services as provided in s. 39.201.
7 (b) Any person authorized to enforce the provisions of
8 this section who knows, or has reasonable cause to suspect,
9 that a disabled adult or an elderly person is or has been a
10 victim of abuse, abandonment, exploitation, or domestic
11 violence shall immediately report such knowledge or suspicion
12 to the Department of Children and Family Services as provided
13 in s. 415.1034.
14 Section 8. This act shall take effect October 1, 1999.
15
16 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
17 Senate Bill 1676
18
19 Adds animal control officer or other agent appointed pursuant
to s. 828.03, F.S., to the list of occupational groups
20 mandated to report alleged abuse, neglect, or exploitation of
a disabled adult or elderly person.
21
Requires that any person required to report or investigate
22 abuse, neglect, or exploitation of a disabled adult or elderly
person and knows or has reasonable cause to suspect that
23 abuse, neglect, cruelty, or abandonment of an animal has
occurred must report that information to the local animal
24 control officer or other agent pursuant to s. 828.03, F.S.
25 Specifies the information that must be included in the report
pertaining to animal abuse.
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