HB 0541 2003
1	A bill to be entitled
2	An act relating to proceedings relating to children;
3	amending s. 39.01, F.S.; revising definition of the term
4	“other person responsible for a child’s welfare” to
5	include employees of, and volunteers at, specified
6	institutions; including public schools and religious
7	organizations among specified institutions; amending s.
8	39.205, F.S.; increasing penalties relating to reporting
9	of the sexual abuse of a child; providing an effective
10	date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1. Subsection (47) of section 39.01, Florida
15	Statutes, is amended to read:
16	39.01 Definitions.--When used in this chapter, unless the
17	context otherwise requires:
18	(47) "Other person responsible for a child's welfare"
19	includes the child's legal guardian, legal custodian, or foster
20	parent; an employee of, or a volunteer at, a public orprivate
21	school, religious organization,public or private child day care
22	center, residential home, institution, facility, or agency; or
23	any other person legally responsible for the child's welfare in
24	a residential setting; and also includes an adult sitter or
25	relative entrusted with a child's care. For the purpose of
26	departmental investigative jurisdiction, this definition does
27	not include law enforcement officers, or employees of municipal
28	or county detention facilities or the Department of Corrections,
29	while acting in an official capacity.
30	Section 2. Subsection (1) of section 39.205, Florida
31	Statutes, is amended to read:
32	39.205 Penalties relating to reporting of child abuse,
33	abandonment, or neglect.--
34	(1) A person who is required to report known or suspected
35	child abuse, abandonment, or neglect and who knowingly and
36	willfully fails to do so, or who knowingly and willfully
37	prevents another person from doing so, is guilty of a
38	misdemeanor of the first degree, punishable as provided in s.
39	775.082 or s. 775.083, provided that in the case of known or
40	suspected sexual abuse of a child, a person who is required to
41	report such abuse and who knowingly and willfully fails to do
42	so, or who knowingly and willfully prevents another person from
43	doing so, is guilty of a felony of the third degree, punishable
44	as provided in s. 775.082 or s. 775.083. A judge subject to
45	discipline pursuant to s. 12, Art. V of the Florida Constitution
46	shall not be subject to criminal prosecution when the
47	information was received in the course of official duties.
48	Section 3. This act shall take effect October 1, 2003.