House Bill hb1497

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    Florida House of Representatives - 2001                HB 1497

        By Representative Rich






  1                      A bill to be entitled

  2         An act relating to cross-reporting of violence;

  3         amending ss. 39.201 and 828.073, F.S.;

  4         requiring animal control officers or other

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

  6         report known or suspected child abuse,

  7         abandonment, or neglect; reenacting s. 39.205,

  8         F.S.; providing a penalty; requiring a training

  9         component; creating s. 39.208, F.S.; requiring

10         persons who are required to report or

11         investigate child abuse, abandonment, or

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

13         suspected animal abuse, neglect, cruelty, or

14         abandonment; specifying information to be

15         reported; providing a penalty; requiring a

16         training component; providing an effective

17         date.

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

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

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

23  amended to read:

24         39.201  Mandatory reports of child abuse, abandonment,

25  or neglect; mandatory reports of death; central abuse

26  hotline.--

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

28         (a)  Physician, osteopathic physician, medical

29  examiner, chiropractic physician, nurse, or hospital personnel

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

31  persons;

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    Florida House of Representatives - 2001                HB 1497

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  1         (b)  Health or mental health professional other than

  2  one listed in paragraph (a);

  3         (c)  Practitioner who relies solely on spiritual means

  4  for healing;

  5         (d)  School teacher or other school official or

  6  personnel;

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

  8  professional child care, foster care, residential, or

  9  institutional worker;

10         (f)  Animal control officer or other agent appointed

11  under s. 828.03;

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

13         (h)(g)  Judge,

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

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

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

18  shall report such knowledge or suspicion to the department in

19  the manner prescribed in subsection (2).

20         (2)

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

22  investigation any report received by the central abuse hotline

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

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

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

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

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

28  Statutes, is reenacted to read:

29         39.205  Penalties relating to reporting of child abuse,

30  abandonment, or neglect.--

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    Florida House of Representatives - 2001                HB 1497

    790-107-01






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

  2  suspected child abuse, abandonment, or neglect and who

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

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

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

  6  s. 775.082 or s. 775.083. A judge subject to discipline

  7  pursuant to s. 12, Art. V of the Florida Constitution shall

  8  not be subject to criminal prosecution when the information

  9  was received in the course of official duties.

10         Section 3.  Section 39.208, Florida Statutes, is

11  created to read:

12         39.208  Reports of abuse, neglect, cruelty, or

13  abandonment of an animal required.--

14         (1)  Any person who is required to report or

15  investigate child abuse, abandonment, or neglect, except

16  judges, who in the course of his or her job knows or has

17  reasonable cause to suspect that abuse, neglect, cruelty, or

18  abandonment of an animal has occurred shall report such

19  knowledge or suspicion, within 24 hours, to the local animal

20  control officer or other agent appointed under s. 828.03. If

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

22  made to the law enforcement agency that has jurisdictional

23  responsibility.

24         (2)  The report must include the following information:

25         (a)  A description of the animal.

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

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

28  or abuse of the animal or of other animals.

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

30  animal, including any evidence of prior neglect or abandonment

31  of the animal or of other animals.

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    Florida House of Representatives - 2001                HB 1497

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

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

  3  neglect, cruelty, or abandonment of the animal.

  4         (e)  The source of the report.

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

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

  7  of the animal.

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

  9  person making the report.

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

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

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

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

14  775.082 or s. 775.083.

15         (4)  The department's training program for persons who

16  are required to investigate child abuse, abandonment, or

17  neglect shall include training in the detection of animal

18  abuse, neglect, cruelty, and abandonment.

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

20  Florida Statutes, to read:

21         828.073  Animals found in distress; when agent may take

22  charge; hearing; disposition; sale.--

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

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

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

26  neglect, or domestic violence shall immediately report such

27  knowledge or suspicion to the Department of Children and

28  Family Services as provided in s. 39.201. The training course

29  required for county-employed animal control officers and

30  municipal-employed animal control officers, pursuant to s.

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    Florida House of Representatives - 2001                HB 1497

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  1  828.27(4), shall include training in the detection of child

  2  abuse, neglect, and abandonment.

  3         Section 5.  This act shall take effect October 1, 2001.

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  6                       LEGISLATIVE SUMMARY

  7
      Adds animal-control officers and other agents appointed
  8    under s. 828.03, F.S., to the list of those who must
      report known or suspected child abuse, abandonment, or
  9    neglect. Provides a penalty. Requires training. Requires
      persons who must report or investigate child abuse,
10    abandonment, or neglect under ch. 39, F.S., to report
      known or suspected animal abuse, neglect, cruelty, or
11    abandonment. Specifies information to be reported.
      Provides a penalty. Requires training.
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