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A bill to be entitled

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An act relating to child welfare; amending s. 39.0121,

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F.S.; authorizing the Department of Children and Family

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Services to adopt rules providing for locating and

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recovering missing children who are involved with the

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department; providing requirements for reports; creating

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s. 39.0141, F.S.; requiring that the department, the

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community-based care provider, or sheriff's office file a

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report following a determination that a child involved

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with the department is missing; amending s. 787.04, F.S.;

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prohibiting a person from knowingly and willfully taking

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or removing a minor from the state or concealing the

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location of a minor during the pendency of a dependency

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proceeding or any other action concerning alleged abuse or

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neglect of the minor; amending s. 937.021, F.S.; requiring

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that a report of a missing child made by the department, a

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community-based care provider, or a sheriff's office be

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treated as a missing child report filed by a parent or

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guardian; prohibiting a law enforcement agency from

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requiring an order that a child be taken into custody or

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any other such order before accepting a missing child

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report for investigation; providing an effective date.

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

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     Section 1.  Subsection (16) is added to section 39.0121,

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Florida Statutes, to read:

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     39.0121  Specific rulemaking authority.--Pursuant to the

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requirements of s. 120.536, the department is specifically

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authorized to adopt, amend, and repeal administrative rules which

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implement or interpret law or policy, or describe the procedure

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and practice requirements necessary to implement this chapter,

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including, but not limited to, the following:

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     (16) Provisions for reporting, locating, recovering, and

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stabilizing children whose whereabouts become unknown while they

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are involved with the department and for preventing recurrences

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of such incidents. The rules shall provide comprehensive,

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explicit, and consistent guidelines to be followed by the

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department's employees and contracted providers when the

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whereabouts of a child involved with the department is unknown.

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The rules shall include, but need not be limited to, criteria to

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be used to determine when a child is missing for purposes of

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making a report to a law enforcement agency, and shall require,

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at a minimum, that in all cases in which a law enforcement agency

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has accepted a case for criminal investigation pursuant to s.

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39.301(2)(c) and the child's whereabouts are unknown, the child

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shall be considered missing and a report shall be made. The rules

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shall also include, but need not be limited to, steps to be taken

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by employees and contracted providers to ensure and provide

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evidence that parents and guardians have been advised of the

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requirements of s. 787.04(3) and that violations of s. 787.04(3)

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are reported.

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     Section 2.  Section 39.0141, Florida Statutes, is created to

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read:

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     39.0141 Missing children; report required.--Whenever the

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whereabouts of a child involved with the department becomes

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unknown, the department, the community-based care provider, or

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the sheriff's office providing investigative services for the

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department shall make reasonable efforts, as defined by rule, to

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locate the child. If the department, the community-based care

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provider, or the sheriff's office determines, pursuant to rule,

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that the child is missing, the department, the community-based

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care provider, or the sheriff's office shall file a report that

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the child is missing in accordance with s. 937.021.

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     Section 3.  Subsection (3) of section 787.04, Florida

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Statutes, is amended to read:

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     787.04  Removing minors from state or concealing minors

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contrary to state agency order or court order.--

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     (3) It is unlawful for any person, with criminal intent, to

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knowingly and willfully lead, take, entice, or remove a minor

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beyond the limits of this state, or to knowingly and willfully

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conceal the location of a minor, during the pendency of a

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dependency proceeding affecting such minor or during the pendency

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of any investigation, action, or proceeding concerning the

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alleged abuse or neglect of such minor, after having received

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actual or constructive notice of the pendency of such

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investigation, action, or proceeding and without the permission

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of the state agency or court in which the investigation, action,

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or proceeding is pending.

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     Section 4.  Subsection (1) of section 937.021, Florida

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Statutes, is amended to read:

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     937.021  Missing child reports.--

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     (1)  Upon the filing of a police report that a child is

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missing by the parent or guardian, the Department of Children and

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Family Services, a community-based care provider, or a sheriff's

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office providing investigative services for the department, the

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law enforcement agency receiving the report shall immediately

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inform all on-duty law enforcement officers of the existence of

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the missing child report, communicate the report to every other

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law enforcement agency having jurisdiction in the county, and

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transmit the report for inclusion within the Florida Crime

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Information Center computer. A law enforcement agency may not

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require a reporter to present an order that a child be taken into

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custody or any other such order before accepting a report that a

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child is missing.

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     Section 5.  This act shall take effect July 1, 2008.