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A bill to be entitled

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An act relating to the reporting of child abuse,

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abandonment, or neglect; amending s. 39.205, F.S.;

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requiring the Department of Children and Family Services

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to annually report to the Legislature information

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concerning reports, investigations, and prosecutions

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involving child abuse, abandonment, or neglect,

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investigations and fines imposed for false reports, and

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reports resulting in prosecution; providing an effective

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date.

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

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     Section 1.  Section 39.205, Florida Statutes, is amended to

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read:

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     39.205  Penalties relating to reporting of child abuse,

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abandonment, or neglect.--

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

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child abuse, abandonment, or neglect and who knowingly and

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

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another person from doing so, commits is guilty of a misdemeanor

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

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775.083. A judge subject to discipline pursuant to s. 12, Art. V

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of the Florida Constitution is shall not be subject to criminal

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prosecution when the information was received in the course of

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official duties.

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

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domestic violence or that other mitigating circumstances exist, a

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person who is 18 years of age or older and lives in the same

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house or living unit as a child who is known or suspected to be a

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victim of child abuse, neglect of a child, or aggravated child

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abuse, and knowingly and willfully fails to report the child

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abuse commits a felony of the third degree, punishable as

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

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     (3)  A person who knowingly and willfully makes public or

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discloses any confidential information contained in the central

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abuse hotline or in the records of any child abuse, abandonment,

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or neglect case, except as provided in this chapter, commits is

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guilty of a misdemeanor of the second degree, punishable as

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provided in s. 775.082 or s. 775.083.

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     (4)  The department shall establish procedures for

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determining whether a false report of child abuse, abandonment,

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or neglect has been made and for submitting all identifying

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information relating to such a report to the appropriate law

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enforcement agency and shall report annually to the Legislature

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the number of reports referred.

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     (5) The department shall provide an annual report to the

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Legislature which includes, but need not be limited to, the

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number of:

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     (a) Suspected false reports of child abuse, abandonment, or

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neglect;

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     (b) False reports that are referred to a law enforcement

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agency for investigation;

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     (c) False reports that are reviewed by the department for

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potential administrative fines;

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     (d) Investigations that are conducted by the department or

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its authorized agent as a result of a report of child abuse,

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abandonment, or neglect;

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     (e) Reports that are closed with no findings of alleged

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maltreatment;

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     (f) Administrative fines that are levied and collected

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pursuant to s. 39.206(1); and

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     (g) False reports of child abuse, abandonment, or neglect

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which result in prosecution.

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

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determined after its investigation that a report is false, the

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department shall, with the consent of the alleged perpetrator,

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refer the report to the local law enforcement agency having

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jurisdiction for an investigation to determine whether sufficient

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evidence exists to refer the case for prosecution for filing a

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false report as defined in s. 39.01(28). During the pendency of

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the investigation by the local law enforcement agency, the

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department must notify the local law enforcement agency of, and

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the local law enforcement agency must respond to, all subsequent

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reports concerning children in that same family in accordance

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with s. 39.301. If the law enforcement agency believes that there

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are indicators of abuse, abandonment, or neglect, it must

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immediately notify the department, which must assure the safety

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of the children. If the law enforcement agency finds sufficient

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evidence for prosecution for filing a false report, it must refer

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the case to the appropriate state attorney for prosecution.

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     (7)(6) A person who knowingly and willfully makes a false

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report of child abuse, abandonment, or neglect, or who advises

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another to make a false report, commits is guilty of a felony of

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

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775.083. Anyone making a report who is acting in good faith is

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immune from any liability under this subsection.

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     Section 2.  This act shall take effect July 1, 2008.