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





                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Murman offered the following:

12

13         Amendment (with title amendment) 

14  remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Short title.--This act may be cited as the

18  "Kayla McKean Child Protection Act."

19         Section 2.  Legislative intent.--The Legislature

20  intends to identify those gaps or shortcomings in the current

21  child protection system, including those gaps or shortcomings

22  in child protection services provided by the Department of

23  Children and Family Services and its contract providers, by

24  child protection teams, by law enforcement agencies, by

25  schools, and by the courts, in order to make the system more

26  responsive to children who are at risk of child abuse or

27  neglect.

28         Section 3.  Paragraph (l) is added to subsection (30)

29  of section 39.01, Florida Statutes, 1998 Supplement, and

30  subsection (50) of that section is amended, to read:

31         39.01  Definitions.--When used in this chapter, unless

                                  1

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  the context otherwise requires:

 2         (30)  "Harm" to a child's health or welfare can occur

 3  when the parent, legal custodian, or caregiver responsible for

 4  the child's welfare:

 5         (l)  Makes the child unavailable for the purpose of

 6  impeding or avoiding a protective investigation unless the

 7  court determines that the parent, legal custodian, or

 8  caregiver was fleeing from a situation involving domestic

 9  violence.

10         (50)  "Participant," for purposes of a shelter

11  proceeding, dependency proceeding, or termination of parental

12  rights proceeding, means any person who is not a party but who

13  should receive notice of hearings involving the child,

14  including foster parents or caregivers, identified prospective

15  parents, grandparents entitled to priority for adoption

16  consideration under s. 63.0425, actual custodians of the

17  child, and any other person whose participation may be in the

18  best interest of the child. A community-based agency under

19  contract with the department to provide protective services

20  may be designated as a participant at the discretion of the

21  court. Participants may be granted leave by the court to be

22  heard without the necessity of filing a motion to intervene.

23         Section 4.  Subsections (1) and (2) of section 39.201,

24  Florida Statutes, 1998 Supplement, are amended, and

25  subsections (8) and (9) are added to that section, to read:

26         39.201  Mandatory reports of child abuse, abandonment,

27  or neglect; mandatory reports of death; central abuse

28  hotline.--

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

30         (a)  Physician, osteopathic physician, medical

31  examiner, chiropractic physician, nurse, or hospital personnel

                                  2

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





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

 2  persons;

 3         (b)  Health or mental health professional other than

 4  one listed in paragraph (a);

 5         (c)  Practitioner who relies solely on spiritual means

 6  for healing;

 7         (d)  School teacher or other school official or

 8  personnel;

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

10  professional child care, foster care, residential, or

11  institutional worker; or

12         (f)  Law enforcement officer; or,

13         (g)  Judge,

14

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

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

17  knowledge or suspicion to the department in the manner

18  prescribed in subsection (2).

19         (2)(a)  Each report of known or suspected child abuse,

20  abandonment, or neglect pursuant to this section, except those

21  solely under s. 827.04(3), shall be made immediately to the

22  department's central abuse hotline on the single statewide

23  toll-free telephone number, and, if the report is of an

24  instance of known or suspected child abuse by a noncaretaker,

25  the call shall be immediately electronically transferred to

26  the appropriate county sheriff's office by the central abuse

27  hotline.  If the report is of an instance of known or

28  suspected child abuse involving impregnation of a child under

29  16 years of age by a person 21 years of age or older solely

30  under s. 827.04(3), the report shall be made immediately to

31  the appropriate county sheriff's office or other appropriate

                                  3

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  law enforcement agency. If the report is of an instance of

 2  known or suspected child abuse solely under s. 827.04(3), the

 3  reporting provisions of this subsection do not apply to health

 4  care professionals or other persons who provide medical or

 5  counseling services to pregnant children when such reporting

 6  would interfere with the provision of medical services.

 7         (b)  The department must consider valid and accept for

 8  investigation any report received by the central abuse hotline

 9  from a judge, teacher or other professional school official,

10  or physician, as specified in paragraph (1)(a), paragraph

11  (1)(d), or paragraph (1)(g), who is acting in his or her

12  professional capacity, alleging harm as defined in s. 39.01.

13         (c)(b)  Reporters in occupation categories designated

14  in subsection (1) are required to provide their names to the

15  hotline staff.  The names of reporters shall be entered into

16  the record of the report, but shall be held confidential as

17  provided in s. 39.202.

18         (d)(c)  Reports involving known or suspected

19  institutional child abuse or neglect shall be made and

20  received in the same manner as all other reports made pursuant

21  to this section.

22         (e)(d)  Reports involving a known or suspected juvenile

23  sexual offender shall be made and received by the department.

24         1.  The department shall determine the age of the

25  alleged juvenile sexual offender if known.

26         2.  When the alleged juvenile sexual offender is 12

27  years of age or younger, the department shall proceed with an

28  investigation of the report pursuant to this part, immediately

29  electronically transfer the call to the appropriate law

30  enforcement agency office by the central abuse hotline, and

31  send a written report of the allegation to the appropriate

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  county sheriff's office within 48 hours after the initial

 2  report is made to the central abuse hotline.

 3         3.  When the alleged juvenile sexual offender is 13

 4  years of age or older, the department shall immediately

 5  electronically transfer the call to the appropriate county

 6  sheriff's office by the central abuse hotline, and send a

 7  written report to the appropriate county sheriff's office

 8  within 48 hours after the initial report to the central abuse

 9  hotline.

10         (f)(e)  Hotline counselors shall receive periodic

11  training in encouraging reporters to provide their names when

12  reporting abuse, abandonment, or neglect.  Callers shall be

13  advised of the confidentiality provisions of s. 39.202. The

14  department shall secure and install electronic equipment that

15  automatically provides to the hotline the number from which

16  the call is placed.  This number shall be entered into the

17  report of abuse, abandonment, or neglect and become a part of

18  the record of the report, but shall enjoy the same

19  confidentiality as provided to the identity of the caller

20  pursuant to s. 39.202.

21         (g)  The department shall voice-record all incoming or

22  outgoing calls that are received or placed by the central

23  abuse hotline which relate to suspected or known child abuse,

24  neglect, or abandonment. The recording shall become a part of

25  the record of the report, but is subject to the same

26  confidentiality as is provided to the identity of the caller

27  under s. 39.202.

28         (8)  Nothing in this chapter or in the privatization of

29  foster care and related services as specified in s. 409.1671

30  shall be construed to remove or reduce the duty and

31  responsibility of any person, including any employee of the

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  privatization provider, to report a suspected or actual case

 2  of child abuse, abandonment, or neglect or the sexual abuse of

 3  a child to the department's central abuse hotline.

 4         (9)  On an ongoing basis, the department's quality

 5  assurance program shall review reports to the hotline

 6  involving three or more unaccepted reports on a single child

 7  in order to detect such things as harassment and situations

 8  that warrant an investigation because of the frequency or

 9  variety of the source of the reports. The assistant secretary

10  may refer a case for investigation when it is determined, as a

11  result of this review, that an investigation may be warranted.

12         Section 5.  Subsection (4) of section 39.202, Florida

13  Statutes, 1998 Supplement, is amended to read:

14         39.202  Confidentiality of reports and records in cases

15  of child abuse or neglect.--

16         (4)  The name of any person reporting child abuse,

17  abandonment, or neglect may not be released to any person

18  other than employees of the department responsible for child

19  protective services, the central abuse hotline, law

20  enforcement, or the appropriate state attorney, without the

21  written consent of the person reporting. This does not

22  prohibit the subpoenaing of a person reporting child abuse,

23  abandonment, or neglect when deemed necessary by the court,

24  the state attorney, or the department, provided the fact that

25  such person made the report is not disclosed.  Any person who

26  reports a case of child abuse or neglect may, at the time he

27  or she makes the report, request that the department notify

28  him or her that a child protective investigation occurred as a

29  result of the report.  Any person specifically listed in s.

30  39.201(1) who makes a report in his or her official capacity

31  may also request a written summary of the outcome of the

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  investigation. The department shall mail such a notice to the

 2  reporter within 10 days after completing the child protective

 3  investigation.

 4         Section 6.  Section 39.205, Florida Statutes, 1998

 5  Supplement, is amended to read:

 6         39.205  Penalties relating to reporting of child abuse,

 7  abandonment, or neglect.--

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

 9  suspected child abuse, abandonment, or neglect and who

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

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

12  a misdemeanor of the first second degree, punishable as

13  provided in s. 775.082 or s. 775.083.

14         (2)  Unless the court finds that the person is a victim

15  of domestic violence or that other mitigating circumstances

16  exist, a person who is 18 years of age or older and lives in

17  the same house or living unit as a child who is known or

18  suspected to be a victim of child abuse, neglect of a child,

19  or aggravated child abuse, and knowingly and willfully fails

20  to report the child abuse commits a felony of the third

21  degree, punishable as provided in s. 775.082, s. 775.083, or

22  s. 775.084.

23         (3)(2)  A person who knowingly and willfully makes

24  public or discloses any confidential information contained in

25  the central abuse hotline or in the records of any child

26  abuse, abandonment, or neglect case, except as provided in

27  this chapter, is guilty of a misdemeanor of the second degree,

28  punishable as provided in  s. 775.082 or s. 775.083.

29         (4)(3)  The department shall establish procedures for

30  determining whether a false report of child abuse,

31  abandonment, or neglect has been made and for submitting all

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  identifying information relating to such a report to the

 2  appropriate law enforcement agency and shall report annually

 3  to the Legislature the number of reports referred.

 4         (5)(4)  If the department or its authorized agent has

 5  determined after its investigation that a report is false, the

 6  department shall, with the consent of the alleged perpetrator,

 7  refer the report to the local law enforcement agency having

 8  jurisdiction for an investigation to determine whether

 9  sufficient evidence exists to refer the case for prosecution

10  for filing a false report as defined in s. 39.01(27).  During

11  the pendency of the investigation by the local law enforcement

12  agency, the department must notify the local law enforcement

13  agency of, and the local law enforcement agency must respond

14  to, all subsequent reports concerning children in that same

15  family in accordance with s. 39.301.  If the law enforcement

16  agency believes that there are indicators of abuse,

17  abandonment, or neglect, it must immediately notify the

18  department, which must assure the safety of the children.  If

19  the law enforcement agency finds sufficient evidence for

20  prosecution for filing a false report, it must refer the case

21  to the appropriate state attorney for prosecution.

22         (6)(5)  A person who knowing and willfully makes a

23  false report of child abuse, abandonment, or neglect, or who

24  advises another to make a false report, is guilty of a felony

25  of the third degree, punishable as provided in s. 775.082 or

26  s. 775.083.  Anyone making a report who is acting in good

27  faith is immune from any liability under this subsection.

28         (7)(6)  Each state attorney shall establish and publish

29  written procedures to facilitate the prosecution of persons

30  under this section, and shall report to the Legislature

31  annually the number of complaints that have resulted in the

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  filing of an information or indictment and the disposition of

 2  those complaints under this section.

 3         Section 7.  Section 39.301, Florida Statutes, 1998

 4  Supplement, is amended to read:

 5         39.301  Initiation of protective investigations.--

 6         (1)  Upon receiving an oral or written report of known

 7  or suspected child abuse, abandonment, or neglect, the central

 8  abuse hotline shall determine if the report requires an

 9  immediate onsite protective investigation. For reports

10  requiring an immediate onsite protective investigation, the

11  central abuse hotline shall immediately notify the

12  department's designated children and families district staff

13  responsible for protective investigations to ensure that an

14  onsite investigation is promptly initiated.  For reports not

15  requiring an immediate onsite protective investigation, the

16  central abuse hotline shall notify the department's designated

17  children and families district staff responsible for

18  protective investigations in sufficient time to allow for an

19  investigation. At the time of notification of district staff

20  with respect to the report, the central abuse hotline shall

21  also provide information on any previous report concerning a

22  subject of the present report or any pertinent information

23  relative to the present report or any noted earlier reports.

24         (2)  Upon notification by the department's central

25  abuse hotline under subsection (1), the designated child

26  protective investigator shall immediately notify the

27  appropriate law enforcement agency of the county in which the

28  known or suspected child abuse, abandonment, or neglect is

29  believed to have occurred. Upon receipt of a report, the law

30  enforcement agency must review the report and determine

31  whether a criminal investigation of the case is warranted and,

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  if so, shall conduct the criminal investigation that shall be

 2  coordinated, whenever possible, with the child protective

 3  investigation of the department or its agent.

 4         (3)  The department shall maintain a master file for

 5  each child whose report is accepted by the central abuse

 6  hotline for investigation. Such file must contain information

 7  concerning all reports received concerning that child. The

 8  file must be made available to any department staff, agent of

 9  the department, or contract provider given responsibility for

10  conducting a protective investigation.

11         (4)  To the extent practical, all protective

12  investigations involving a child shall be conducted or the

13  work supervised by a single individual in order for there to

14  be broad knowledge and understanding of the child's history.

15  When a new investigator is assigned to investigate a second

16  and subsequent report involving a child, a multidisciplinary

17  staffing shall be conducted which includes new and prior

18  investigators, their supervisors, and appropriate private

19  providers in order to ensure that, to the extent possible,

20  there is coordination among all parties. The department shall

21  establish an internal operating procedure that ensures that

22  all required investigatory activities, including a review of

23  the child's complete investigative and protective services

24  history, are completed by the investigator, reviewed by the

25  supervisor in a timely manner, and signed and dated by both

26  the investigator and the supervisor.

27         (5)(2)(a)  Upon commencing an investigation under this

28  part, the child protective investigator shall inform any

29  subject of the investigation of the following:

30         1.  The names of the investigators and identifying

31  credentials from the department.

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         2.  The purpose of the investigation.

 2         3.  The right to obtain his or her own attorney and

 3  ways that the information provided by the subject may be used.

 4         4.  The possible outcomes and services of the

 5  department's response shall be explained to the caregiver.

 6         5.  The right of the parent, legal custodian, or

 7  caregiver to be involved to the fullest extent possible in

 8  determining the nature of the allegation and the nature of any

 9  identified problem.

10         (b)  The department's training program shall ensure

11  that protective investigators know how to fully inform

12  parents, guardians, and caregivers of their rights and

13  options, including opportunities for audio or video recording

14  of investigators' interviews with parents, guardians,

15  caretakers, or children.

16         (6)(3)  An assessment of risk and the perceived needs

17  for the child and family shall be conducted in a manner that

18  is sensitive to the social, economic, and cultural environment

19  of the family. This assessment must include a face-to-face

20  interview with the child, other siblings, parents, and other

21  adults in the household and an onsite assessment of the

22  child's residence.

23         (7)(4)  Protective investigations shall be performed by

24  the department or its agent.

25         (8)(5)  The person responsible for the investigation

26  shall make a preliminary determination as to whether the

27  report or complaint is complete, consulting with the attorney

28  for the department when necessary.  In any case in which the

29  person responsible for the investigation finds that the report

30  or complaint is incomplete, he or she shall return it without

31  delay to the person or agency originating the report or

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  complaint or having knowledge of the facts, or to the

 2  appropriate law enforcement agency having investigative

 3  jurisdiction, and request additional information in order to

 4  complete the report or complaint; however, the confidentiality

 5  of any report filed in accordance with this chapter shall not

 6  be violated.

 7         (a)  If it is determined that the report or complaint

 8  is complete, after determining that such action would be in

 9  the best interests of the child, the attorney for the

10  department shall file a petition for dependency.

11         (b)  If it is determined that the report or complaint

12  is complete, but the interests of the child and the public

13  will be best served by providing the child care or other

14  treatment voluntarily accepted by the child and the parents,

15  caregivers, or legal custodians, the protective investigator

16  may refer the child for such care or other treatment.

17         (c)  If the person conducting the investigation refuses

18  to request the attorney for the department to file a petition

19  for dependency, the complainant shall be advised of the right

20  to file a petition pursuant to this part.

21         (9)(6)  For each report it receives, the department

22  shall perform an onsite child protective investigation that

23  includes a face-to-face interview with the child, other

24  siblings, parents, and other adults in the household and an

25  onsite assessment of the child's residence in order to:

26         (a)  Determine the composition of the family or

27  household, including the name, address, date of birth, social

28  security number, sex, and race of each child named in the

29  report; any siblings or other children in the same household

30  or in the care of the same adults; the parents, legal

31  custodians, or caregivers; and any other adults in the same

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  household.

 2         (b)  Determine whether there is indication that any

 3  child in the family or household has been abused, abandoned,

 4  or neglected; the nature and extent of present or prior

 5  injuries, abuse, or neglect, and any evidence thereof; and a

 6  determination as to the person or persons apparently

 7  responsible for the abuse, abandonment, or neglect, including

 8  the name, address, date of birth, social security number, sex,

 9  and race of each such person.

10         (c)  Determine the immediate and long-term risk to each

11  child by conducting state and federal records checks,

12  including, when feasible, the records of the Department of

13  Corrections, on the parents, legal custodians, or caregivers,

14  and any other persons in the same household. This information

15  shall be used solely for purposes supporting the detection,

16  apprehension, prosecution, pretrial release, posttrial

17  release, or rehabilitation of criminal offenders or persons

18  accused of the crimes of child abuse, abandonment, or neglect

19  and shall not be further disseminated or used for any other

20  purpose. The department's child protection investigators are

21  hereby designated a criminal justice agency for the purpose of

22  accessing criminal justice information to be used for

23  enforcing this state's laws concerning the crimes of child

24  abuse, abandonment, and neglect.

25         (d)  Determine the immediate and long-term risk to each

26  child through utilization of standardized risk assessment

27  instruments.

28         (e)  Based on the information obtained from the

29  caregiver, complete the risk assessment instrument within 48

30  hours after the initial contact and, if needed, develop a case

31  plan.

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         (f)  Determine the protective, treatment, and

 2  ameliorative services necessary to safeguard and ensure the

 3  child's safety and well-being and development, and cause the

 4  delivery of those services through the early intervention of

 5  the department or its agent.

 6         (10)(7)  If the department or its agent is denied

 7  reasonable access to a child by the parents, legal custodians,

 8  or caregivers and the department deems that the best interests

 9  of the child so require, it shall seek an appropriate court

10  order or other legal authority prior to examining and

11  interviewing the child.

12         (11)  Onsite visits and face-to-face interviews with

13  the child or family shall be unannounced unless it is

14  determined by the department or its agent or contract provider

15  that such unannounced visit would threaten the safety of the

16  child.

17         (12)(a)(8)  If the department or its agent determines

18  that a child requires immediate or long-term protection

19  through:

20         1.(a)  Medical or other health care;

21         2.(b)  Homemaker care, day care, protective

22  supervision, or other services to stabilize the home

23  environment, including intensive family preservation services

24  through the Family Builders Program, the Intensive Crisis

25  Counseling Program, or both; or

26         3.(c)  Foster care, shelter care, or other substitute

27  care to remove the child from the custody of the parents,

28  legal guardians, or caregivers,

29

30  such services shall first be offered for voluntary acceptance

31  unless there are high-risk factors that may impact the ability

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  of the parents, legal guardians, or caregivers to exercise

 2  judgment. Such factors may include the parents', legal

 3  guardians', or caregivers' young age or history of substance

 4  abuse or domestic violence.

 5         (b)  The parents, legal custodians, or caregivers shall

 6  be informed of the right to refuse services, as well as the

 7  responsibility of the department to protect the child

 8  regardless of the acceptance or refusal of services. If the

 9  services are refused and the department deems that the child's

10  need for protection so requires, the department shall take the

11  child into protective custody or petition the court as

12  provided in this chapter.

13         (c)  The department, in consultation with the

14  judiciary, shall adopt by rule criteria that are factors

15  requiring that the department take the child into custody,

16  petition the court as provided in this chapter, or, if the

17  child is not taken into custody or a petition is not filed

18  with the court, conduct an administrative review. If after an

19  administrative review the department determines not to take

20  the child into custody or petition the court, the department

21  shall document the reason for its decision in writing and

22  include it in the investigative file. For all cases that were

23  accepted by the local law enforcement agency pursuant to

24  subsection (2), the department must include in the file

25  written documentation that the administrative review included

26  input from law enforcement. In addition, for all cases that

27  must be referred to child protection teams pursuant to s.

28  39.303(2) and (3), the file must include written documentation

29  that the administrative review included the results of the

30  medical evaluation. Factors that must be included in the

31  development of the rule include noncompliance with the case

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  plan developed by the department, or its agent, and the family

 2  under this chapter and prior abuse reports with findings that

 3  involve the child or caregiver.

 4         (13)(9)  When a child is taken into custody pursuant to

 5  this section, the authorized agent of the department shall

 6  request that the child's parent, caregiver, or legal custodian

 7  disclose the names, relationships, and addresses of all

 8  parents and prospective parents and all next of kin, so far as

 9  are known.

10         (14)(10)  No later than 30 days after receiving the

11  initial report, the local office of the department shall

12  complete its investigation.

13         (15)(11)  Immediately upon receipt of a report

14  alleging, or immediately upon learning during the course of an

15  investigation, that:

16         (a)  The immediate safety or well-being of a child is

17  endangered;

18         (b)  The family is likely to flee;

19         (c)  A child died as a result of abuse, abandonment, or

20  neglect;

21         (d)  A child is a victim of aggravated child abuse as

22  defined in s. 827.03; or

23         (e)  A child is a victim of sexual battery or of sexual

24  abuse,

25

26  the department shall orally notify the jurisdictionally

27  responsible state attorney, and county sheriff's office or

28  local police department, and, within 3 days as soon as

29  practicable, transmit the written report to those agencies.

30  The law enforcement agency shall review the report and

31  determine whether a criminal investigation needs to be

                                  16

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                                                   HOUSE AMENDMENT

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    Amendment No.     (for drafter's use only)





 1  conducted and shall assume lead responsibility for all

 2  criminal fact-finding activities.  A criminal investigation

 3  shall be coordinated, whenever possible, with the child

 4  protective investigation of the department. Any interested

 5  person who has information regarding an offense described in

 6  this subsection may forward a statement to the state attorney

 7  as to whether prosecution is warranted and appropriate.

 8         (16)(12)  In a child protective investigation or a

 9  criminal investigation, when the initial interview with the

10  child is conducted at school, the department or the law

11  enforcement agency may allow, notwithstanding the provisions

12  of s. 39.0132(4), a school instructional staff member who is

13  known by the child to be present during the initial interview

14  if:

15         (a)  The department or law enforcement agency believes

16  that the school instructional staff member could enhance the

17  success of the interview by his or her presence; and

18         (b)  The child requests or consents to the presence of

19  the school instructional staff member at the interview.

20

21  School instructional staff may only be present when authorized

22  by this subsection.  Information received during the interview

23  or from any other source regarding the alleged abuse or

24  neglect of the child shall be confidential and exempt from the

25  provisions of s. 119.07(1), except as otherwise provided by

26  court order.  A separate record of the investigation of the

27  abuse, abandonment, or neglect shall not be maintained by the

28  school or school instructional staff member. Violation of this

29  subsection constitutes a misdemeanor of the second degree,

30  punishable as provided in s. 775.082 or s. 775.083.

31         (17)  When a law enforcement agency is participating in

                                  17

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  an investigation, the agency shall take photographs of the

 2  child's living environment. Such photographs shall become part

 3  of the investigative file.

 4         (18)(13)  Within 15 days after the completion of the

 5  investigation of cases reported to him or her pursuant to this

 6  section, the state attorney shall report his or her findings

 7  to the department and shall include in such report a

 8  determination of whether or not prosecution is justified and

 9  appropriate in view of the circumstances of the specific case.

10         (19)  In order to enhance the skills of individual

11  staff and to improve the district's overall child protection

12  system, the department's training program at the district

13  level must include periodic reviews of cases handled within

14  the district in order to identify weaknesses as well as

15  examples of effective interventions that occurred at each

16  point in the case.

17         Section 8.  Subsection (1) of section 39.302, Florida

18  Statutes, 1998 Supplement, is amended to read:

19         39.302  Protective investigations of institutional

20  child abuse, abandonment, or neglect.--

21         (1)  The department shall conduct a child protective

22  investigation of each report of institutional child abuse,

23  abandonment, or neglect.  Upon receipt of a report which

24  alleges that an employee or agent of the department, or any

25  other entity or person covered by s. 39.01(32) or (47), acting

26  in an official capacity, has committed an act of child abuse,

27  abandonment, or neglect, the department shall immediately

28  initiate a child protective investigation and orally notify

29  the appropriate state attorney, law enforcement agency, and

30  licensing agency.  These agencies shall immediately conduct a

31  joint investigation, unless independent investigations are

                                  18

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  more feasible. When conducting investigations onsite or having

 2  face-to-face interviews with the child, such investigation

 3  visits shall be unannounced unless it is determined by the

 4  department or its agent that such unannounced visits would

 5  threaten the safety of the child.  When a facility is exempt

 6  from licensing, the department shall inform the owner or

 7  operator of the facility of the report.  Each agency

 8  conducting a joint investigation shall be entitled to full

 9  access to the information gathered by the department in the

10  course of the investigation. A protective investigation must

11  include an onsite visit of the child's place of residence. In

12  all cases, the department shall make a full written report to

13  the state attorney within 3 days after making the oral report.

14  A criminal investigation shall be coordinated, whenever

15  possible, with the child protective investigation of the

16  department. Any interested person who has information

17  regarding the offenses described in this subsection may

18  forward a statement to the state attorney as to whether

19  prosecution is warranted and appropriate. Within 15 days after

20  the completion of the investigation, the state attorney shall

21  report the findings to the department and shall include in

22  such report a determination of whether or not prosecution is

23  justified and appropriate in view of the circumstances of the

24  specific case.

25         Section 9.  Section 39.303, Florida Statutes, 1998

26  Supplement, is amended to read:

27         39.303  Child protection teams; services; eligible

28  cases.--The Division of Children's Medical Services of the

29  Department of Health shall develop, maintain, and coordinate

30  the services of one or more multidisciplinary child protection

31  teams in each of the service districts of the Department of

                                  19

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  Children and Family Services.  Such teams may be composed of

 2  appropriate representatives of school districts and

 3  appropriate health, mental health, social service, legal

 4  service, and law enforcement agencies. The Legislature finds

 5  that optimal coordination of child protection teams and sexual

 6  abuse treatment programs requires collaboration between the

 7  Department of Health and the Department of Children and Family

 8  Services. The two departments shall maintain an interagency

 9  agreement that establishes protocols for oversight and

10  operations of child protection teams and sexual abuse

11  treatment programs. The Secretary of Health and the Deputy

12  Secretary for Children's Medical Services, in consultation

13  with the Secretary of Children and Family Services, shall

14  maintain the responsibility for the screening, employment,

15  and, if necessary, the termination of child protection team

16  medical directors, at headquarters and in the 15 districts.

17  Child protection team medical directors shall be responsible

18  for oversight of the teams in the districts.

19         (1)  The Department of Health shall utilize and convene

20  the teams to supplement the assessment and protective

21  supervision activities of the family safety and preservation

22  program of the Department of Children and Family Services.

23  Nothing in this section shall be construed to remove or reduce

24  the duty and responsibility of any person to report pursuant

25  to this chapter all suspected or actual cases of child abuse,

26  abandonment, or neglect or sexual abuse of a child.  The role

27  of the teams shall be to support activities of the program and

28  to provide services deemed by the teams to be necessary and

29  appropriate to abused, abandoned, and neglected children upon

30  referral.  The specialized diagnostic assessment, evaluation,

31  coordination, consultation, and other supportive services that

                                  20

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  a child protection team shall be capable of providing include,

 2  but are not limited to, the following:

 3         (a)  Medical diagnosis and evaluation services,

 4  including provision or interpretation of X rays and laboratory

 5  tests, and related services, as needed, and documentation of

 6  findings relative thereto.

 7         (b)  Telephone consultation services in emergencies and

 8  in other situations.

 9         (c)  Medical evaluation related to abuse, abandonment,

10  or neglect, as defined by policy or rule of the Department of

11  Health.

12         (d)  Such psychological and psychiatric diagnosis and

13  evaluation services for the child or the child's parent or

14  parents, legal custodian or custodians, or other caregivers,

15  or any other individual involved in a child abuse,

16  abandonment, or neglect case, as the team may determine to be

17  needed.

18         (e)  Expert medical, psychological, and related

19  professional testimony in court cases.

20         (f)  Case staffings to develop treatment plans for

21  children whose cases have been referred to the team.  A child

22  protection team may provide consultation with respect to a

23  child who is alleged or is shown to be abused, abandoned, or

24  neglected, which consultation shall be provided at the request

25  of a representative of the family safety and preservation

26  program or at the request of any other professional involved

27  with a child or the child's parent or parents, legal custodian

28  or custodians, or other caregivers.  In every such child

29  protection team case staffing, consultation, or staff activity

30  involving a child, a family safety and preservation program

31  representative shall attend and participate.

                                  21

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         (g)  Case service coordination and assistance,

 2  including the location of services available from other public

 3  and private agencies in the community.

 4         (h)  Such training services for program and other

 5  employees of the Department of Children and Family Services,

 6  employees of the Department of Health, and other medical

 7  professionals as is deemed appropriate to enable them to

 8  develop and maintain their professional skills and abilities

 9  in handling child abuse, abandonment, and neglect cases.

10         (i)  Educational and community awareness campaigns on

11  child abuse, abandonment, and neglect in an effort to enable

12  citizens more successfully to prevent, identify, and treat

13  child abuse, abandonment, and neglect in the community.

14         (2)  The child abuse, abandonment, and neglect reports

15  cases that must be referred are appropriate for referral by

16  the Department of Children and Family Services family safety

17  and preservation program to child protection teams of the

18  Department of Health for medical evaluation and available

19  support services as set forth in subsection (1) must include,

20  but are not limited to, cases involving:

21         (a)  Bruises, burns, or fractures in a child under the

22  age of 3 years or in a nonambulatory child of any age.

23         (b)  Unexplained or implausibly explained bruises,

24  burns, fractures, or other injuries in a child of any age.

25         (b)(c)  Sexual abuse of a child in which vaginal or

26  anal penetration is alleged or in which other unlawful sexual

27  conduct has been determined to have occurred.

28         (c)(d)  Venereal disease, or any other sexually

29  transmitted disease, in a prepubescent child.

30         (d)(e)  Reported malnutrition of a child and failure of

31  a child to thrive.

                                  22

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         (e)(f)  Reported medical, physical, or emotional

 2  neglect of a child.

 3         (f)(g)  Any family in which one or more children have

 4  been pronounced dead on arrival at a hospital or other health

 5  care facility, or have been injured and later died, as a

 6  result of suspected abuse, abandonment, or neglect, when any

 7  sibling or other child remains in the home.

 8         (g)(h)  Symptoms of serious emotional problems in a

 9  child when emotional or other abuse, abandonment, or neglect

10  is suspected.

11         (h)  Injuries to a child's head.

12         (3)  All abuse and neglect cases transmitted for

13  investigation to a district by the hotline must be

14  simultaneously transmitted to the Department of Health child

15  protection team for review. All cases transmitted to the child

16  protection team which meet the criteria in subsection (2) must

17  be timely reviewed by a board-certified pediatrician or

18  registered nurse practitioner under the supervision of such

19  pediatrician for the purpose of determining whether a

20  face-to-face medical evaluation by a child protection team is

21  necessary.  Such face-to-face medical evaluation is not

22  necessary only if it is determined that the child was examined

23  by a physician for the alleged abuse or neglect, and a

24  consultation between the child protection team board-certified

25  pediatrician or nurse practitioner and the examining physician

26  concludes that a further medical evaluation is unnecessary.

27         (4)(3)  In all instances in which a child protection

28  team is providing certain services to abused, abandoned, or

29  neglected children, other offices and units of the Department

30  of Health, and offices and units of the Department of Children

31  and Family Services, shall avoid duplicating the provision of

                                  23

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  those services.

 2         Section 10.  Subsection (1) of section 39.304, Florida

 3  Statutes, 1998 Supplement, is amended to read:

 4         39.304  Photographs, medical examinations, X rays, and

 5  medical treatment of abused, abandoned, or neglected child.--

 6         (1)(a)  Any person required to investigate cases of

 7  suspected child abuse, abandonment, or neglect may take or

 8  cause to be taken photographs of the areas of trauma visible

 9  on a child who is the subject of a report. Any child

10  protection team that examines a child who is the subject of a

11  report must take, or cause to be taken, photographs of any

12  areas of trauma visible on the child. Such photographs, or

13  duplicates thereof, shall be provided to the department for

14  inclusion in the investigative file and shall become part of

15  that file.

16         (b)  If the areas of trauma visible on a child indicate

17  a need for a medical examination, or if the child verbally

18  complains or otherwise exhibits distress as a result of injury

19  through suspected child abuse, abandonment, or neglect, or is

20  alleged to have been sexually abused, the person required to

21  investigate may cause the child to be referred for diagnosis

22  to a licensed physician or an emergency department in a

23  hospital without the consent of the child's parents,

24  caregiver, or legal custodian.  Such examination may be

25  performed by an advanced registered nurse practitioner

26  licensed pursuant to chapter 464. Any licensed physician, or

27  advanced registered nurse practitioner licensed pursuant to

28  chapter 464, who has reasonable cause to suspect that an

29  injury was the result of child abuse, abandonment, or neglect

30  may authorize a radiological examination to be performed on

31  the child without the consent of the child's parent,

                                  24

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  caregiver, or legal custodian.

 2         Section 11.  Section 39.306, Florida Statutes, 1998

 3  Supplement, is amended to read:

 4         39.306  Child protective investigations; working

 5  agreements with local law enforcement.--The department shall

 6  enter into agreements with the jurisdictionally responsible

 7  county sheriffs' offices and local police departments that

 8  will assume the lead in conducting any potential criminal

 9  investigations arising from allegations of child abuse,

10  abandonment, or neglect. The written agreement must specify

11  how the requirements of this chapter will be met. For the

12  purposes of such agreement, the jurisdictionally responsible

13  law enforcement entity is authorized to share Florida criminal

14  history and local criminal history information that is not

15  otherwise exempt from s. 119.07(1) with the district

16  personnel, authorized agent, or contract provider directly

17  responsible for the child protective investigation and

18  emergency child placement. The agencies entering into such

19  agreement must comply with s. 943.0525. Criminal justice

20  information provided by such law enforcement entity shall be

21  used only for the purposes specified in the agreement and

22  shall be provided at no charge. Notwithstanding any other

23  provision of law, the Department of Law Enforcement shall

24  provide to the department electronic access to Florida

25  criminal justice information which is lawfully available and

26  not exempt from s. 119.07(1), only for the purpose of child

27  protective investigations and emergency child placement.  As a

28  condition of access to such information, the department shall

29  be required to execute an appropriate user agreement

30  addressing the access, use, dissemination, and destruction of

31  such information and to comply with all applicable laws and

                                  25

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  regulations, and rules of the Department of Law Enforcement.

 2         Section 12.  Subsection (8) of section 39.402, Florida

 3  Statutes, 1998 Supplement, is amended to read:

 4         39.402  Placement in a shelter.--

 5         (8)(a)  A child may not be held in a shelter longer

 6  than 24 hours unless an order so directing is entered by the

 7  court after a shelter hearing. In the interval until the

 8  shelter hearing is held, the decision to place the child in a

 9  shelter or release the child from a shelter lies with the

10  protective investigator.

11         (b)  The parents or legal custodians of the child shall

12  be given such notice as best ensures their actual knowledge of

13  the time and place of the shelter hearing. The failure to

14  provide notice to a party or participant does not invalidate

15  an order placing a child in a shelter if the court finds that

16  the petitioner has made a good faith effort to provide such

17  notice. The court shall require the parents or legal

18  custodians present at the hearing to provide to the court on

19  the record the names, addresses, and relationships of all

20  parents, prospective parents, and next of kin of the child, so

21  far as are known.

22         (c)  At the shelter hearing, the court shall:

23         1.  Appoint a guardian ad litem to represent the child,

24  unless the court finds that such representation is

25  unnecessary;

26         2.  Inform the parents or legal custodians of their

27  right to counsel to represent them at the shelter hearing and

28  at each subsequent hearing or proceeding, and the right of the

29  parents to appointed counsel, pursuant to the procedures set

30  forth in s. 39.013; and

31         3.  Give the parents or legal custodians an opportunity

                                  26

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  to be heard and to present evidence.

 2         (d)  At the shelter hearing, in order to continue the

 3  child in shelter care:

 4         1.  The department must establish probable cause that

 5  reasonable grounds for removal exist and that the provision of

 6  appropriate and available services will not eliminate the need

 7  for placement; or.

 8         2.  The court must determine that additional time is

 9  necessary, which may not exceed 72 hours, in which to obtain

10  and review documents pertaining to the family in order to

11  appropriately determine the risk to the child during which

12  time the child shall remain in the department's custody, if so

13  ordered by the court.

14         (e)  At the shelter hearing, the department shall

15  provide the court copies of any available law enforcement,

16  medical, or other professional reports, and shall also provide

17  copies of abuse hotline reports pursuant to state and federal

18  confidentiality requirements.

19         (f)  At the shelter hearing, the department shall

20  inform the court of:

21         1.  Any current or previous case plans negotiated in

22  any district with the parents or caregivers under this chapter

23  and problems associated with compliance;

24         2.  Any adjudication of the parents or caregivers of

25  delinquency;

26         3.  Any past or current injunction for protection from

27  domestic violence; and

28         4.  All of the child's places of residence during the

29  prior 12 months.

30         (g)(e)  At the shelter hearing, each party shall

31  provide to the court a permanent mailing address. The court

                                  27

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  shall advise each party that this address will be used by the

 2  court and the petitioner for notice purposes unless and until

 3  the party notifies the court and the petitioner in writing of

 4  a new mailing address.

 5         (h)(f)  The order for placement of a child in shelter

 6  care must identify the parties present at the hearing and must

 7  contain written findings:

 8         1.  That placement in shelter care is necessary based

 9  on the criteria in subsections (1) and (2).

10         2.  That placement in shelter care is in the best

11  interest of the child.

12         3.  That continuation of the child in the home is

13  contrary to the welfare of the child because the home

14  situation presents a substantial and immediate danger to the

15  child's physical, mental, or emotional health or safety which

16  cannot be mitigated by the provision of preventive services.

17         4.  That based upon the allegations of the petition for

18  placement in shelter care, there is probable cause to believe

19  that the child is dependent or that the court needs additional

20  time, which may not exceed 72 hours, in which to obtain and

21  review documents pertaining to the family in order to

22  appropriately determine the risk to the child.

23         5.  That the department has made reasonable efforts to

24  prevent or eliminate the need for removal of the child from

25  the home.  A finding of reasonable effort by the department to

26  prevent or eliminate the need for removal may be made and the

27  department is deemed to have made reasonable efforts to

28  prevent or eliminate the need for removal if:

29         a.  The first contact of the department with the family

30  occurs during an emergency.

31         b.  The appraisal of the home situation by the

                                  28

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  department indicates that the home situation presents a

 2  substantial and immediate danger to the child's physical,

 3  mental, or emotional health or safety which cannot be

 4  mitigated by the provision of preventive services.

 5         c.  The child cannot safely remain at home, either

 6  because there are no preventive services that can ensure the

 7  health and safety of the child or because, even with

 8  appropriate and available services being provided, the health

 9  and safety of the child cannot be ensured.

10         6.  That the court notified the parents or legal

11  custodians of the subsequent dependency proceedings, including

12  scheduled hearings, and of the importance of the active

13  participation of the parents or legal custodians in those

14  subsequent proceedings and hearings.

15         7.  That the court notified the parents or legal

16  custodians of their right to counsel to represent them at the

17  shelter hearing and at each subsequent hearing or proceeding,

18  and the right of the parents to appointed counsel, pursuant to

19  the procedures set forth in s. 39.013.

20         Section 13.  Section 383.402, Florida Statutes, is

21  created to read:

22         383.402  Child abuse death review; State Child Abuse

23  Death Review Committee; local child abuse death review

24  committees.--

25         (1)  It is the intent of the Legislature to establish a

26  statewide multidisciplinary, multiagency child abuse death

27  assessment and prevention system that consists of state and

28  local review committees. The state and local review committees

29  shall review the facts and circumstances of all deaths of

30  children from birth through age 18 which occur in this state

31  as the result of child abuse or neglect and for whom at least

                                  29

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  one report of abuse or neglect was accepted by the central

 2  abuse hotline within the Department of Children and Family

 3  Services. The purpose of the review shall be to:

 4         (a)  Achieve a greater understanding of the causes and

 5  contributing factors of deaths resulting from child abuse.

 6         (b)  Whenever possible, develop a communitywide

 7  approach to address such cases and contributing factors.

 8         (c)  Identify any gaps, deficiencies, or problems in

 9  the delivery of services to children and their families by

10  public and private agencies which may be related to deaths

11  that are the result of child abuse.

12         (d)  Make and implement recommendations for changes in

13  law, rules, and policies, as well as develop practice

14  standards that support the safe and healthy development of

15  children and reduce preventable child abuse deaths.

16         (2)(a)  The State Child Abuse Death Review Committee is

17  established within the Department of Health and shall consist

18  of a representative of the Department of Health, appointed by

19  the Secretary of Health, who shall serve as the state

20  committee coordinator. The head of each of the following

21  agencies or organizations shall also appoint a representative

22  to the state committee:

23         1.  The Department of Legal Affairs.

24         2.  The Department of Children and Family Services.

25         3.  The Department of Law Enforcement.

26         4.  The Department of Education.

27         5.  The Florida Prosecuting Attorneys Association, Inc.

28         6.  The Florida Medical Examiners Commission, whose

29  representative must be a forensic pathologist.

30         (b)  In addition, the Secretary of Health shall appoint

31  the following members to the state committee, based on

                                  30

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  recommendations from the Department of Health and the agencies

 2  listed in paragraph (a), and ensuring that the committee

 3  represents the regional, gender, and ethnic diversity of the

 4  state to the greatest extent possible:

 5         1.  A board-certified pediatrician.

 6         2.  A public health nurse.

 7         3.  A mental health professional who treats children or

 8  adolescents.

 9         4.  An employee of the Department of Children and

10  Family Services who supervises family services counselors and

11  who has at least 5 years of experience in child protective

12  investigations.

13         5.  The medical director of a child protection team.

14         6.  A member of a child advocacy organization.

15         7.  A social worker who has experience in working with

16  victims and perpetrators of child abuse.

17         8.  A person trained as a paraprofessional in patient

18  resources who is employed in a child abuse prevention program.

19         9.  A law enforcement officer who has at least 5 years

20  of experience in children's issues.

21         10.  A representative of the Florida Coalition Against

22  Domestic Violence.

23         11.  A representative from a private provider of

24  programs on preventing child abuse and neglect.

25         (3)  The State Child Abuse Death Review Committee

26  shall:

27         (a)  Develop a system for collecting data on deaths

28  that are the result of child abuse. The system must include a

29  protocol for the uniform collection of data statewide, which

30  uses existing data-collection systems to the greatest extent

31  possible.

                                  31

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                                                   HOUSE AMENDMENT

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    Amendment No.     (for drafter's use only)





 1         (b)  Provide training to cooperating agencies,

 2  individuals, and local child abuse death review committees on

 3  the use of the child abuse death data system.

 4         (c)  Prepare an annual statistical report on the

 5  incidence and causes of death resulting from child abuse in

 6  the state during the prior calendar year. The state committee

 7  shall submit a copy of the report by September 30 of each year

 8  to the Governor, the President of the Senate, and the Speaker

 9  of the House of Representatives, with the first annual report

10  due on September 30, 2000. The report must include

11  recommendations for state and local action, including specific

12  policy, procedural, regulatory, or statutory changes, and any

13  other recommended preventive action.

14         (d)  Encourage and assist in developing the local child

15  abuse death review committees.

16         (e)  Develop guidelines, standards, and protocols,

17  including a protocol for data collection, for local child

18  abuse death review committees, and provide training and

19  technical assistance to local committees.

20         (f)  Develop guidelines for reviewing deaths that are

21  the result of child abuse, including guidelines to be used by

22  law enforcement agencies, prosecutors, medical examiners,

23  health care practitioners, health care facilities, and social

24  service agencies.

25         (g)  Study the adequacy of laws, rules, training, and

26  services to determine what changes are needed to decrease the

27  incidence of child abuse deaths and develop strategies and

28  recruit partners to implement these changes.

29         (h)  Provide consultation on individual cases to local

30  committees upon request.

31         (i)  Educate the public regarding the Kayla McKean

                                  32

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  Child Protection Act, the incidence and causes of child abuse

 2  death, and ways by which such deaths may be prevented.

 3         (j)  Promote continuing education for professionals who

 4  investigate, treat, and prevent child abuse or neglect.

 5         (k)  Recommend, when appropriate, the review of the

 6  death certificate of a child who died as a result of abuse or

 7  neglect.

 8         (4)  The members of the state committee shall be

 9  appointed to staggered terms of office which may not exceed 2

10  years, as determined by the Secretary of Health. Members are

11  eligible for reappointment. The state committee shall elect a

12  chairperson from among its members to serve for a 2-year term,

13  and the chairperson may appoint ad hoc committees as necessary

14  to carry out the duties of the committee.

15         (5)  Members of the state committee shall serve without

16  compensation but are entitled to reimbursement for per diem

17  and travel expenses incurred in the performance of their

18  duties as provided in s. 112.061 and to the extent that funds

19  are available.

20         (6)  At the direction of the Secretary of Health, the

21  director of each county health department, or the directors of

22  two or more county health departments by agreement, may

23  convene and support a county or multicounty child abuse death

24  review committee in accordance with the protocols established

25  by the State Child Abuse Death Review Committee. Each local

26  committee must include a local state attorney, or his or her

27  designee, and any other members that are determined by

28  guidelines developed by the State Child Abuse Death Review

29  Committee. The members of a local committee shall be appointed

30  to 2-year terms and may be reappointed. The local committee

31  shall elect a chairperson from among its members. Members

                                  33

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  shall serve without compensation but are entitled to

 2  reimbursement for per diem and travel expenses incurred in the

 3  performance of their duties as provided in s. 112.061 and to

 4  the extent that funds are available.

 5         (7)  Each local child abuse death review committee

 6  shall:

 7         (a)  Review all deaths resulting from child abuse which

 8  are reported to the Office of Vital Statistics.

 9         (b)  Assist the state committee in collecting data on

10  deaths that are the result of child abuse, in accordance with

11  the protocol established by the state committee.

12         (c)  Submit written reports at the direction of the

13  state committee. The reports must include nonidentifying

14  information on individual cases and the steps taken by the

15  local committee and private and public agencies to implement

16  necessary changes and improve the coordination of services and

17  reviews.

18         (d)  Submit all records requested by the state

19  committee at the conclusion of its review of a death resulting

20  from child abuse.

21         (e)  Abide by the standards and protocols developed by

22  the state committee.

23         (f)  On a case-by-case basis, request that the state

24  committee review the data of a particular case.

25         (8)  Notwithstanding any other law, the chairperson of

26  the State Child Abuse Death Review Committee, or the

27  chairperson of a local committee, shall be provided with

28  access to any information or records that pertain to a child

29  whose death is being reviewed by the committee and that are

30  necessary for the committee to carry out its duties, including

31  information or records that pertain to the child's family, as

                                  34

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  follows:

 2         (a)  Patient records in the possession of a public or

 3  private provider of medical, dental, or mental health care,

 4  including, but not limited to, a facility licensed under

 5  chapter 393, chapter 394, or chapter 395, or a health care

 6  practitioner as defined in s. 455.501. Providers may charge a

 7  fee for copies not to exceed 50 cents per page for paper

 8  records and $1 per fiche for microfiche records.

 9         (b)  Information or records of any state agency or

10  political subdivision which might assist a committee in

11  reviewing a child's death, including, but not limited to,

12  information or records of the Department of Children and

13  Family Services, the Department of Health, the Department of

14  Education, or the Department of Juvenile Justice.

15         (9)  The State Child Abuse Death Review Committee or a

16  local committee shall have access to all information of a law

17  enforcement agency which is not the subject of an active

18  investigation and which pertains to the review of the death of

19  a child. A committee may not disclose any information that is

20  not subject to public disclosure by the law enforcement

21  agency, and active criminal intelligence information or

22  criminal investigative information, as defined in s.

23  119.011(3), may not be made available for review or access

24  under this section.

25         (10)  The state committee and any local committee may

26  share any relevant information that pertains to the review of

27  the death of a child.

28         (11)  A member of the state committee or a local

29  committee may not contact, interview, or obtain information by

30  request or subpoena directly from a member of a deceased

31  child's family as part of a committee's review of a child

                                  35

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  abuse death, except that if a committee member is also a

 2  public officer or state employee, that member may contact,

 3  interview, or obtain information from a member of the deceased

 4  child's family, if necessary, as part of the committee's

 5  review. A member of the deceased child's family may

 6  voluntarily provide records or information to the state

 7  committee or a local committee.

 8         (12)  The chairperson of the State Child Abuse Death

 9  Review Committee may require the production of records by

10  requesting a subpoena, through the Department of Legal

11  Affairs, in any county of the state. Such subpoena is

12  effective throughout the state and may be served by any

13  sheriff. Failure to obey the subpoena is punishable as

14  provided by law.

15         (13)  This section does not authorize the members of

16  the state committee or any local committee to have access to

17  any grand jury proceedings.

18         (14)  A person who has attended a meeting of the state

19  committee or a local committee or who has otherwise

20  participated in activities authorized by this section may not

21  be permitted or required to testify in any civil, criminal, or

22  administrative proceeding as to any records or information

23  produced or presented to a committee during meetings or other

24  activities authorized by this section. However, this

25  subsection does not prevent any person who testifies before

26  the committee or who is a member of the committee from

27  testifying as to matters otherwise within his or her

28  knowledge. An organization, institution, committee member, or

29  other person who furnishes information, data, reports, or

30  records to the state committee or a local committee is not

31  liable for damages to any person and is not subject to any

                                  36

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  other civil or criminal or administrative recourse. This

 2  subsection does not apply to any person who admits to

 3  committing a crime.

 4         (15)  The Department of Health shall administer the

 5  funds appropriated to operate the review committees and may

 6  apply for grants and accept donations.

 7         (16)  To the extent that funds are available, the

 8  Department of Health may hire staff or consultants to assist a

 9  review committee in performing its duties. Funds may also be

10  used to reimburse reasonable expenses of the staff and

11  consultants for the state committee and the local committees.

12         (17)  For the purpose of carrying out the

13  responsibilities assigned to the State Child Abuse Death

14  Review Committee and the local review committees, the

15  Secretary of Health may substitute an existing entity whose

16  function and organization include the function and

17  organization of the committees established by this section.

18         (18)  Each district administrator of the Department of

19  Children and Family Services must appoint a child abuse death

20  review coordinator for the district. The coordinator must have

21  knowledge and expertise in the area of child abuse and

22  neglect. The coordinator's general responsibilities include:

23         (a)  Coordinating with the local child abuse death

24  review committee.

25         (b)  Ensuring the appropriate implementation of the

26  child abuse death review process and all district activities

27  related to the review of child abuse deaths.

28         (c)  Working with the committee to ensure that the

29  reviews are thorough and that all issues are appropriately

30  addressed.

31         (d)  Maintaining a system of logging child abuse deaths

                                  37

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  covered by this procedure and tracking cases during the child

 2  abuse death review process.

 3         (e)  Conducting or arranging for a Florida Abuse

 4  Hotline Information System (FAHIS) record check on all child

 5  abuse deaths covered by this procedure to determine whether

 6  there were any prior reports concerning the child or

 7  concerning any siblings, other children, or adults in the

 8  home.

 9         (f)  Coordinating child abuse death review activities,

10  as needed, with individuals in the community and the

11  Department of Health.

12         (g)  Notifying the district administrator, the

13  Secretary of Children and Family Services, and the Deputy

14  Secretary of Children's Medical Services Assistant Health

15  Officer of all child abuse deaths meeting criteria for review

16  as specified in this section within 1 working day after

17  learning of the child's death.

18         (h)  Ensuring that all critical issues identified by

19  the local child abuse death review committee are brought to

20  the attention of the district administrator and the Secretary

21  of Children and Family Services.

22         (i)  Providing technical assistance to the local child

23  abuse death review committee during the review of any child

24  abuse death.

25         Section 14.  Present subsections (3), (4), (5), and (6)

26  of section 409.1671, Florida Statutes, 1998 Supplement, are

27  redesignated as subsections (4), (5), (6), and (7),

28  respectively, and a new subsection (3) is added to that

29  section, to read:

30         409.1671  Foster care and related services;

31  privatization.--

                                  38

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         (3)(a)  In order to help ensure a seamless child

 2  protection system, the department shall ensure that contracts

 3  entered into with community-based agencies pursuant to this

 4  section include provisions for a case-transfer process to

 5  determine the date that the community-based agency will

 6  initiate the appropriate services for a child and family. This

 7  case-transfer process must clearly identify the closure of the

 8  protective investigation and the initiation of service

 9  provision. At the point of case transfer, the department must

10  provide a complete summary of the findings of the

11  investigation to the community-based agency.

12         (b)  The contracts must also ensure that each

13  community-based agency shall furnish regular status reports of

14  its cases to the department as specified in the contract. A

15  provider may not discontinue services without prior written

16  notification to the department. After discontinuing services

17  to a child or a child and family, the community-based agency

18  must provide a written case summary, including its assessment

19  of the child and family, to the department.

20         (c)  The annual contract between the department and

21  community-based agencies must include provisions that specify

22  the procedures to be used by the parties to resolve

23  differences in interpreting the contract or to resolve

24  disputes as to the adequacy of the parties' compliance with

25  their respective obligations under the contract.

26         Section 15.  Section 777.03, Florida Statutes, as

27  amended by section 16 of chapter 97-194, Laws of Florida, is

28  amended to read:

29         777.03  Accessory after the fact.--

30         (1)(a)  Any person not standing in the relation of

31  husband or wife, parent or grandparent, child or grandchild,

                                  39

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  brother or sister, by consanguinity or affinity to the

 2  offender, who maintains or assists the principal or accessory

 3  before the fact, or gives the offender any other aid, knowing

 4  that the offender had committed a felony or been accessory

 5  thereto before the fact, with intent that the offender avoids

 6  or escapes detection, arrest, trial or punishment, is an

 7  accessory after the fact.

 8         (b)  Any person, regardless of the relation to the

 9  offender, who maintains or assists the principal or accessory

10  before the fact, or gives the offender any other aid, knowing

11  that the offender had committed the offense of child abuse,

12  neglect of a child, aggravated child abuse, aggravated

13  manslaughter of a child under 18 years of age, or murder of a

14  child under 18 years of age, or had been accessory thereto

15  before the fact, with the intent that the offender avoids or

16  escapes detection, arrest, trial, or punishment, is an

17  accessory after the fact unless the court finds that the

18  person is a victim of domestic violence.

19         (2)(a)  If the felony offense committed is a capital

20  felony, the offense of accessory after the fact is a felony of

21  the first degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084.

23         (b)  If the felony offense committed is a life felony

24  or a felony of the first degree, the offense of accessory

25  after the fact is a felony of the second degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084.

27         (c)  If the felony offense committed is a felony of the

28  second degree or a felony of the third degree ranked in level

29  3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023,

30  the offense of accessory after the fact is a felony of the

31  third degree, punishable as provided in s. 775.082, s.

                                  40

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  775.083, or s. 775.084.

 2         (d)  If the felony offense committed is a felony of the

 3  third degree ranked in level 1 or level 2 under s. 921.0022 or

 4  s. 921.0023, the offense of accessory after the fact is a

 5  misdemeanor of the first degree, punishable as provided in s.

 6  775.082, s. 775.083, or s. 775.084.

 7         (3)  Except as otherwise provided in s. 921.0022, for

 8  purposes of sentencing under chapter 921 and determining

 9  incentive gain-time eligibility under chapter 944, the offense

10  of accessory after the fact is ranked two levels below the

11  ranking under s. 921.0022 or s. 921.0023 of the felony offense

12  committed.

13         Section 16.  Subsection (2) of section 827.03, Florida

14  Statutes, is amended to read:

15         827.03  Abuse, aggravated abuse, and neglect of a

16  child; penalties.--

17         (2)  "Aggravated child abuse" occurs when a person:

18         (a)  Commits aggravated battery on a child;

19         (b)  Willfully tortures, maliciously punishes, or

20  willfully and unlawfully cages a child; or

21         (c)  Knowingly or willfully abuses a child and in so

22  doing causes great bodily harm, permanent disability, or

23  permanent disfigurement to the child.

24

25  A person who commits aggravated child abuse commits a felony

26  of the first second degree, punishable as provided in s.

27  775.082, s. 775.083, or s. 775.084.

28         Section 17.  Paragraphs (h), (i), and (j) of subsection

29  (3) of section 921.0022, Florida Statutes, 1998 Supplement,

30  are amended to read:

31         921.0022  Criminal Punishment Code; offense severity

                                  41

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  ranking chart.--

 2         (3)  OFFENSE SEVERITY RANKING CHART

 3

 4  Florida           Felony

 5  Statute           Degree             Description

 6

 7

 8                              (h)  LEVEL 8

 9  316.193

10   (3)(c)3.a.        2nd      DUI manslaughter.

11  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

12  777.03(2)(a)       1st      Accessory after the fact, capital

13                              felony.

14  782.04(4)          2nd      Killing of human without design

15                              when engaged in act or attempt of

16                              any felony other than arson,

17                              sexual battery, robbery,

18                              burglary, kidnapping, aircraft

19                              piracy, or unlawfully discharging

20                              bomb.

21  782.051(2)         1st      Attempted felony murder while

22                              perpetrating or attempting to

23                              perpetrate a felony not

24                              enumerated in s. 782.04(3).

25  782.071(2)         2nd      Committing vehicular homicide and

26                              failing to render aid or give

27                              information.

28  782.072(2)         2nd      Committing vessel homicide and

29                              failing to render aid or give

30                              information.

31

                                  42

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  790.161(3)         1st      Discharging a destructive device

 2                              which results in bodily harm or

 3                              property damage.

 4  794.011(5)         2nd      Sexual battery, victim 12 years

 5                              or over, offender does not use

 6                              physical force likely to cause

 7                              serious injury.

 8  806.01(1)          1st      Maliciously damage dwelling or

 9                              structure by fire or explosive,

10                              believing person in structure.

11  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

12  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

13                              or dangerous weapon.

14  810.02(2)(c)       1st      Burglary of a dwelling or

15                              structure causing structural

16                              damage or $1,000 or more property

17                              damage.

18  812.13(2)(b)       1st      Robbery with a weapon.

19  812.135(2)         1st      Home-invasion robbery.

20  825.102(2)         2nd      Aggravated abuse of an elderly

21                              person or disabled adult.

22  825.103(2)(a)      1st      Exploiting an elderly person or

23                              disabled adult and property is

24                              valued at $100,000 or more.

25  827.03(2)          2nd      Aggravated child abuse.

26  837.02(2)          2nd      Perjury in official proceedings

27                              relating to prosecution of a

28                              capital felony.

29  837.021(2)         2nd      Making contradictory statements

30                              in official proceedings relating

31                              to prosecution of a capital

                                  43

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1                              felony.

 2  860.121(2)(c)      1st      Shooting at or throwing any

 3                              object in path of railroad

 4                              vehicle resulting in great bodily

 5                              harm.

 6  860.16             1st      Aircraft piracy.

 7  893.13(1)(b)       1st      Sell or deliver in excess of 10

 8                              grams of any substance specified

 9                              in s. 893.03(1)(a) or (b).

10  893.13(2)(b)       1st      Purchase in excess of 10 grams of

11                              any substance specified in s.

12                              893.03(1)(a) or (b).

13  893.13(6)(c)       1st      Possess in excess of 10 grams of

14                              any substance specified in s.

15                              893.03(1)(a) or (b).

16  893.135(1)(a)2.    1st      Trafficking in cannabis, more

17                              than 2,000 lbs., less than 10,000

18                              lbs.

19  893.135

20   (1)(b)1.b.        1st      Trafficking in cocaine, more than

21                              200 grams, less than 400 grams.

22  893.135

23   (1)(c)1.b.        1st      Trafficking in illegal drugs,

24                              more than 14 grams, less than 28

25                              grams.

26  893.135

27   (1)(d)1.b.        1st      Trafficking in phencyclidine,

28                              more than 200 grams, less than

29                              400 grams.

30  893.135

31   (1)(e)1.b.        1st      Trafficking in methaqualone, more

                                  44

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1                              than 5 kilograms, less than 25

 2                              kilograms.

 3  893.135

 4   (1)(f)1.b.        1st      Trafficking in amphetamine, more

 5                              than 28 grams, less than 200

 6                              grams.

 7  893.135

 8  (1)(g)1.b.         1st      Trafficking in flunitrazepam, 14

 9                              grams or more, less than 28

10                              grams.

11  895.03(1)          1st      Use or invest proceeds derived

12                              from pattern of racketeering

13                              activity.

14  895.03(2)          1st      Acquire or maintain through

15                              racketeering activity any

16                              interest in or control of any

17                              enterprise or real property.

18  895.03(3)          1st      Conduct or participate in any

19                              enterprise through pattern of

20                              racketeering activity.

21                              (i)  LEVEL 9

22  316.193

23   (3)(c)3.b.        1st      DUI manslaughter; failing to

24                              render aid or give information.

25  782.04(1)          1st      Attempt, conspire, or solicit to

26                              commit premeditated murder.

27  782.04(3)          1st,PBL   Accomplice to murder in

28                              connection with arson, sexual

29                              battery, robbery, burglary, and

30                              other specified felonies.

31

                                  45

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  782.051(1)         1st      Attempted felony murder while

 2                              perpetrating or attempting to

 3                              perpetrate a felony enumerated in

 4                              s. 782.04(3).

 5  782.07(2)          1st      Aggravated manslaughter of an

 6                              elderly person or disabled adult.

 7  782.07(3)          1st      Aggravated manslaughter of a

 8                              child.

 9  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

10                              reward or as a shield or hostage.

11  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

12                              or facilitate commission of any

13                              felony.

14  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

15                              interfere with performance of any

16                              governmental or political

17                              function.

18  787.02(3)(a)       1st      False imprisonment; child under

19                              age 13; perpetrator also commits

20                              child abuse, sexual battery,

21                              lewd, or lascivious act, etc.

22  790.161            1st      Attempted capital destructive

23                              device offense.

24  794.011(2)         1st      Attempted sexual battery; victim

25                              less than 12 years of age.

26  794.011(2)         Life     Sexual battery; offender younger

27                              than 18 years and commits sexual

28                              battery on a person less than 12

29                              years.

30  794.011(4)         1st      Sexual battery; victim 12 years

31                              or older, certain circumstances.

                                  46

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    Amendment No.     (for drafter's use only)





 1  794.011(8)(b)      1st      Sexual battery; engage in sexual

 2                              conduct with minor 12 to 18 years

 3                              by person in familial or

 4                              custodial authority.

 5  812.13(2)(a)       1st,PBL  Robbery with firearm or other

 6                              deadly weapon.

 7  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

 8                              deadly weapon.

 9  827.03(2)          1st      Aggravated child abuse.

10  847.0145(1)        1st      Selling, or otherwise

11                              transferring custody or control,

12                              of a minor.

13  847.0145(2)        1st      Purchasing, or otherwise

14                              obtaining custody or control, of

15                              a minor.

16  859.01             1st      Poisoning food, drink, medicine,

17                              or water with intent to kill or

18                              injure another person.

19  893.135            1st      Attempted capital trafficking

20                              offense.

21  893.135(1)(a)3.    1st      Trafficking in cannabis, more

22                              than 10,000 lbs.

23  893.135

24   (1)(b)1.c.        1st      Trafficking in cocaine, more than

25                              400 grams, less than 150

26                              kilograms.

27  893.135

28   (1)(c)1.c.        1st      Trafficking in illegal drugs,

29                              more than 28 grams, less than 30

30                              kilograms.

31

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                                                   HOUSE AMENDMENT

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    Amendment No.     (for drafter's use only)





 1  893.135

 2   (1)(d)1.c.        1st      Trafficking in phencyclidine,

 3                              more than 400 grams.

 4  893.135

 5   (1)(e)1.c.        1st      Trafficking in methaqualone, more

 6                              than 25 kilograms.

 7  893.135

 8   (1)(f)1.c.        1st      Trafficking in amphetamine, more

 9                              than 200 grams.

10                              (j)  LEVEL 10

11  782.04(2)          1st,PBL  Unlawful killing of human; act is

12                              homicide, unpremeditated.

13  787.01(1)(a)3.     1st,PBL  Kidnapping; inflict bodily harm

14                              upon or terrorize victim.

15  787.01(3)(a)       Life     Kidnapping; child under age 13,

16                              perpetrator also commits child

17                              abuse, sexual battery, lewd, or

18                              lascivious act, etc.

19  782.07(3)          1st      Aggravated manslaughter of a

20                              child.

21  794.011(3)         Life     Sexual battery; victim 12 years

22                              or older, offender uses or

23                              threatens to use deadly weapon or

24                              physical force to cause serious

25                              injury.

26  876.32             1st      Treason against the state.

27         Section 18.  Paragraph (g) of subsection (2) of section

28  934.03, Florida Statutes, is amended to read:

29         934.03  Interception and disclosure of wire, oral, or

30  electronic communications prohibited.--

31         (2)

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         (g)  It is lawful under ss. 934.03-934.09 for an

 2  employee of:

 3         1.  An ambulance service licensed pursuant to s.

 4  401.25, a fire station employing firefighters as defined by s.

 5  633.30, a public utility as defined by ss. 365.01 and 366.02,

 6  a law enforcement agency as defined by s. 934.02(10), or any

 7  other entity with published emergency telephone numbers;, or

 8         2.  An agency operating an emergency telephone number

 9  "911" system established pursuant to s. 365.171; or,

10         3.  The central abuse hotline operated pursuant to s.

11  39.201,

12

13  to intercept and record incoming wire communications; however,

14  such employee may intercept and record incoming wire

15  communications on published emergency telephone numbers only.

16  It is also lawful for such employee to intercept and record

17  outgoing wire communications to the numbers from which such

18  incoming wire communications were placed when necessary to

19  obtain information required to provide the emergency services

20  being requested.

21         Section 19.  Section 39.823, Florida Statutes, 1998

22  Supplement, is amended to read:

23         39.823  Guardian advocates for drug dependent

24  newborns.--The Legislature finds that increasing numbers of

25  drug dependent children are born in this state.  Because of

26  the parents' continued dependence upon drugs, the parents may

27  temporarily leave their child with a relative or other adult

28  or may have agreed to voluntary family services under s.

29  39.301(12) s. 39.301(8). The relative or other adult may be

30  left with a child who is likely to require medical treatment

31  but for whom they are unable to obtain medical treatment. The

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  purpose of this section is to provide an expeditious method

 2  for such relatives or other responsible adults to obtain a

 3  court order which allows them to provide consent for medical

 4  treatment and otherwise advocate for the needs of the child

 5  and to provide court review of such authorization.

 6         Section 20.  The Department of Health, in consultation

 7  with the Department of Children and Family Services and the

 8  Florida Association of Counties, shall develop a plan for

 9  submission to the Legislature describing the resources that

10  are necessary to provide adequate support for child protection

11  teams in each county. The plan must specify those resources

12  that should be provided by the state and those that should be

13  provided by the county. The Department of Health shall submit

14  the plan to the President of the Senate and the Speaker of the

15  House of Representatives by October 1, 1999.

16         Section 21.  The Department of Children and Family

17  Services shall contract with an independent entity for the

18  purpose of evaluating the central abuse hotline within the

19  department to determine its effectiveness and efficiency in

20  performing its statutory responsibilities pursuant to chapter

21  39, Florida Statutes. This evaluation must include, but need

22  not be limited to, the criteria and the application of

23  criteria by which calls are accepted or denied. This

24  evaluation must also address the need to monitor the central

25  abuse hotline on an ongoing basis and, if recommended, must

26  propose the monitoring process.

27         Section 22.  There is appropriated to the Department of

28  Children and Family Services 8 full-time-equivalent positions

29  and $216,931 from recurring General Revenue Funds, $457,896

30  from nonrecurring General Revenue Funds, and $155,764 from the

31  Federal Grants Trust Fund to implement sections 4 and 21 of

                                  50

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  this act. There is appropriated to the Department of Health 3

 2  full-time-equivalent positions and $2,413,234 from recurring

 3  General Revenue Funds and $435,862 from nonrecurring General

 4  Revenue Funds to implement sections 9 and 13 of this act.

 5         Section 23.  The Office of Program Policy Analysis and

 6  Government Accountability is directed to analyze and report on

 7  all cases for which an administrative review is conducted

 8  under section 39.301(12)(c), Florida Statutes, and the

 9  Department of Children and Family Services does not take the

10  child into custody or file a petition under chapter 39,

11  Florida Statutes. The analysis shall include, at a minimum, an

12  assessment of the characteristics of these children as

13  compared to children who are taken into custody or for whom a

14  petition is filed under section 39.301(12)(c), Florida

15  Statutes, as a result of the administrative review and an

16  assessment of each child's outcome in terms of whether any

17  reports of known or suspected abuse, neglect, or abandonment

18  are received.  The analysis of this and any other data

19  identified and collected by the Office of Program Policy

20  Analysis and Government Accountability is to be compiled

21  quarterly and submitted to the President of the Senate and the

22  Speaker of the House of Representatives by January 1, 2000,

23  and January 1, 2001. The Office of Program Policy Analysis and

24  Government Accountability and the Department of Children and

25  Family Services shall work cooperatively to develop a research

26  and data-collection design necessary to implement the

27  requirements of this section.

28         Section 24.  This act shall take effect July 1, 1999.

29

30

31

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





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

 2  And the title is amended as follows:

 3  remove from the title of the bill:  the entire title

 4

 5  and insert in lieu thereof:

 6                  A bill to be entitled

 7         An act relating to the protection of children;

 8         creating the "Kayla McKean Child Protection

 9         Act"; providing legislative intent; amending s.

10         39.01, F.S.; redefining the term "harm" for

11         purposes of ch. 39, F.S., to include the act of

12         placing a child with another person to avoid or

13         impede a protective investigation; redefining

14         the term "participant" to include providers

15         when designated by the court; amending s.

16         39.201, F.S.; requiring that a judge report

17         known or suspected child abuse; requiring that

18         the Department of Children and Family Services

19         accept certain reports of child abuse for

20         investigation; providing additional

21         requirements for the department with respect to

22         recording calls on the central abuse hotline;

23         requiring that the department's quality

24         assurance program review reports made to the

25         hotline which involve a specified number of

26         reports on a single child; amending s. 39.202,

27         F.S.; providing for certain persons who report

28         child abuse to request a summary of the

29         investigation; amending s. 39.205, F.S.;

30         increasing the penalties imposed for failing to

31         report child abuse or preventing the reporting

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         of child abuse, unless the court finds the

 2         offender is a victim of domestic violence;

 3         amending s. 39.301, F.S.; requiring

 4         notification of the appropriate law enforcement

 5         agency of reports provided to the department's

 6         district staff; requiring review; requiring

 7         criminal investigation, if warranted; requiring

 8         that the department maintain certain

 9         information on child abuse investigations;

10         providing requirements for assigning

11         multidisciplinary staff to an investigation;

12         requiring that the department establish an

13         internal operating procedure governing the

14         completion of investigatory activities;

15         revising requirements for conducting risk

16         assessments and onsite child protective

17         investigations; authorizing the department to

18         conduct unannounced visits and interviews;

19         requiring that the department adopt rules

20         specifying criteria under which a child is

21         taken into custody, that a petition be filed

22         with the court, or that an administrative

23         review be held; requiring documentation;

24         requiring that law enforcement agencies

25         participating in an investigation take

26         photographs of the child's living environment

27         which shall be part of the investigative file;

28         requiring certain training; amending s. 39.302,

29         F.S.; authorizing the department to conduct

30         unannounced visits when conducting an

31         investigation; requiring that the department

                                  53

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         conduct certain onsite visits; amending s.

 2         39.303, F.S.; providing for a child protection

 3         team to include a representative of the school

 4         district; providing for medical evaluations in

 5         certain cases of child abuse, abandonment, and

 6         neglect; specifying additional conditions that

 7         must be evaluated by the child protection team;

 8         amending s. 39.304, F.S.; requiring that

 9         photographs be taken of visible trauma on a

10         child which shall be part of the investigative

11         file; amending s. 39.306, F.S.; specifying

12         local criminal history information that a law

13         enforcement entity is authorized to share;

14         amending s. 39.402, F.S.; authorizing the court

15         to order that a child remain in the

16         department's custody for an additional period

17         in order for the court to determine risk to the

18         child; requiring that the department provide

19         certain information to the court at the shelter

20         hearing; creating s. 383.402, F.S.; creating

21         the State Child Abuse Death Review Committee;

22         providing for membership of the committee;

23         specifying the duties of the committee;

24         providing for terms of office; providing for

25         members of the committee to be reimbursed for

26         expenses; providing for counties to establish

27         local child abuse death review committees;

28         providing for membership and duties;

29         authorizing the review committees to have

30         access to information pertaining to the death

31         of a child; authorizing providers to charge a

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         specified fee; authorizing the State Child

 2         Abuse Death Review Committee to issue

 3         subpoenas; requiring the Department of Health

 4         to administer the funds appropriated to operate

 5         the review committees; requiring that the

 6         Department of Children and Family Services

 7         appoint a child abuse death review coordinator

 8         in each district; amending s. 409.1671, F.S.;

 9         requiring a case-transfer process; requiring

10         that private providers furnish status reports

11         to the Department of Children and Family

12         Services; prohibiting a provider from

13         discontinuing services without the department's

14         written notification; requiring that contracts

15         between the department and community-based

16         agencies include provisions for dispute

17         resolution; amending s. 777.03, F.S.; providing

18         that certain actions to assist an offender who

19         has committed child abuse, child neglect, or

20         the manslaughter or murder of a child under a

21         specified age constitute acting as an accessory

22         after the fact; providing penalties; amending

23         s. 827.03, F.S.; increasing the penalties

24         imposed for the offense of aggravated child

25         abuse; amending s. 921.0022, F.S., relating to

26         the offense severity ranking chart of the

27         Criminal Punishment Code; conforming provisions

28         to changes made by the act; amending s. 934.03,

29         F.S.; authorizing the central abuse hotline to

30         record incoming wire communications; amending

31         s. 39.823, F.S., relating to guardian advocates

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    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1         for newborns; conforming a cross-reference to

 2         changes made by the act; requiring the

 3         Department of Health to develop a plan for

 4         county child protection teams; requiring the

 5         Department of Children and Family Services to

 6         contract with an independent entity to evaluate

 7         the central abuse hotline; providing

 8         appropriations; providing for an analysis and

 9         report by the Office of Program Policy Analysis

10         and Government Accountability; providing an

11         effective date.

12

13         WHEREAS, national statistics indicate that 46 percent

14  of children who died as a result of child abuse or neglect had

15  prior contact with the state child protection agency, and

16         WHEREAS, more than 79,000 children in Florida were

17  abused or neglected in fiscal year 1997-1998, and a number of

18  these children died as a result of being abused, and

19         WHEREAS, 10 percent of the abused or neglected children

20  in this state were abused or neglected again within 1 year

21  after the case was closed by the Department of Children and

22  Family Services, and

23         WHEREAS, the Legislature abhors a child protection

24  system that allows a child who is known to be at serious risk

25  to remain in a dangerous home and be further harmed, even

26  killed, and

27         WHEREAS, the recent deaths of children in this state

28  which resulted from the maltreatment of children by their

29  parents, family members, or caregivers emphasize the need to

30  enhance the protection of the health and safety of children

31  served by Florida's child protection system by means that

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                                                   HOUSE AMENDMENT

    583-168AX-08                     Bill No. CS for CS for SB 338

    Amendment No.     (for drafter's use only)





 1  include strengthening the identification and assessment of

 2  those parents, family members, or other caregivers who are

 3  involved in or at risk of engaging in abusive or neglectful

 4  behavior, NOW, THEREFORE,

 5

 6

 7

 8

 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

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30

31

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