Senate Bill 0690

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



    Florida Senate - 2000                                   SB 690

    By Senator Campbell





    33-513-00                                           See HB 327

  1                      A bill to be entitled

  2         An act relating to cross-reporting of family

  3         violence; amending ss. 39.201 and 828.073,

  4         F.S.; requiring animal control officers or

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

  6         to report known or suspected child abuse,

  7         abandonment, or neglect or abuse, neglect;

  8         providing a penalty; creating s. 39.208, F.S.;

  9         requiring persons who are required to report or

10         investigate child abuse, abandonment, or

11         neglect under ch. 39, F.S., to report known or

12         suspected animal abuse, neglect, cruelty, or

13         abandonment; specifying information to be

14         reported; providing a penalty; providing an

15         effective date.

16

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

18

19         Section 1.  Subsection (1) and paragraph (b) of

20  subsection (2) of section 39.201, Florida Statutes, are

21  amended to read:

22         39.201  Mandatory reports of child abuse, abandonment,

23  or neglect; mandatory reports of death; central abuse

24  hotline.--

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

26         (a)  Physician, osteopathic physician, medical

27  examiner, chiropractic physician, nurse, or hospital personnel

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

29  persons;

30         (b)  Health or mental health professional other than

31  one listed in paragraph (a);

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






    Florida Senate - 2000                                   SB 690
    33-513-00                                           See HB 327




  1         (c)  Practitioner who relies solely on spiritual means

  2  for healing;

  3         (d)  School teacher or other school official or

  4  personnel;

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

  6  professional child care, foster care, residential, or

  7  institutional worker;

  8         (f)  Animal control officer or other agent appointed

  9  pursuant to s. 828.03;

10         (g)(f)  Law enforcement officer; or

11         (h)(g)  Judge,

12

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

14  abused, abandoned, or neglected by a parent, legal custodian,

15  caregiver, or other person responsible for the child's welfare

16  shall report such knowledge or suspicion to the department in

17  the manner prescribed in subsection (2).

18         (2)

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

20  investigation any report received by the central abuse hotline

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

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

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

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

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

26  Statutes, reads:

27         39.205  Penalties relating to reporting of child abuse,

28  abandonment, or neglect.--

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

30  suspected child abuse, abandonment, or neglect and who

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

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






    Florida Senate - 2000                                   SB 690
    33-513-00                                           See HB 327




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

  2  a misdemeanor of the first degree, punishable as provided in

  3  s. 775.082 or s. 775.083.

  4         Section 3.  Section 39.208, Florida Statutes, is

  5  created to read:

  6         39.208  Reports of abuse, neglect, cruelty, or

  7  abandonment of an animal required.--

  8         (1)  Any person required to report or investigate child

  9  abuse, abandonment, or neglect who knows or has reasonable

10  cause to suspect that abuse, neglect, cruelty, or abandonment

11  of an animal has occurred shall report such knowledge or

12  suspicion, within 24 hours, to the local animal control

13  officer or other agent appointed pursuant to s. 828.03. Where

14  no such local officer or agent exists, the report shall be

15  made to the law enforcement agency with jurisdictional

16  responsibility.

17         (2)  The report shall include the following

18  information:

19         (a)  A description of the animal.

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

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

22  or abuse of the animal or of other animals.

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

24  animal, including any evidence of prior neglect or abandonment

25  of the animal or of other animals.

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

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

28  neglect, cruelty, or abandonment of the animal.

29         (e)  The source of the report.

30

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






    Florida Senate - 2000                                   SB 690
    33-513-00                                           See HB 327




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

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

  3  of the animal.

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

  5  person making the report.

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

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

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

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

10  775.082 or s. 775.083.

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

12  Florida Statutes, to read:

13         828.073  Animals found in distress; when agent may take

14  charge; hearing; disposition; sale.--

15         (8)  Any person authorized to enforce the provisions of

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

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

18  neglect, or domestic violence shall immediately report such

19  knowledge or suspicion to the Department of Children and

20  Family Services as provided in s. 39.201.

21         Section 5.  This act shall take effect October 1, 2000.

22

23            *****************************************

24                       LEGISLATIVE SUMMARY

25
      Provides cross-reporting requirements for persons who are
26    required to report or investigate child abuse,
      abandonment, or neglect, and animal control officers or
27    others authorized to enforce laws relating to animal
      cruelty, abuse, abandonment, or neglect. Provides
28    penalties for knowingly and willfully failing to make
      such reports.
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