Florida Senate - 2012                             CS for SB 1816
       
       
       
       By the Committee on Criminal Justice; and Senator Benacquisto
       
       
       
       
       591-02720-12                                          20121816c1
    1                        A bill to be entitled                      
    2         An act relating to protection of vulnerable persons;
    3         amending s. 39.01, F.S.; deleting the definition of
    4         the term “other person responsible for a child’s
    5         welfare”; conforming provisions; amending s. 39.201,
    6         F.S.; revising provisions concerning child abuse
    7         reporting; amending s. 39.205, F.S.; requiring
    8         specified educational institutions and their law
    9         enforcement agencies to report known or suspected
   10         child abuse, abandonment, or neglect in certain
   11         circumstances; providing financial penalties for
   12         violations; amending s. 39.302, F.S.; conforming a
   13         cross-reference; creating s. 796.036, F.S.; providing
   14         for upward reclassification of certain prostitution
   15         offenses involving minors; amending s. 960.198, F.S.;
   16         providing for relocation assistance for certain
   17         victims of sexual violence; amending ss. 794.056 and
   18         938.085, F.S.; conforming cross-references; providing
   19         an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsections (48) through (76) of section 39.01,
   24  Florida Statutes, are renumbered as subsections (47) through
   25  (75), respectively, and present subsections (10) and (47) of
   26  that section are amended to read:
   27         39.01 Definitions.—When used in this chapter, unless the
   28  context otherwise requires:
   29         (10) “Caregiver” means the parent, legal custodian,
   30  permanent guardian, adult household member, or other person
   31  responsible for a child’s welfare as defined in subsection (47).
   32         (47) “Other person responsible for a child’s welfare”
   33  includes the child’s legal guardian or foster parent; an
   34  employee of any school, public or private child day care center,
   35  residential home, institution, facility, or agency; a law
   36  enforcement officer employed in any facility, service, or
   37  program for children that is operated or contracted by the
   38  Department of Juvenile Justice; or any other person legally
   39  responsible for the child’s welfare in a residential setting;
   40  and also includes an adult sitter or relative entrusted with a
   41  child’s care. For the purpose of departmental investigative
   42  jurisdiction, this definition does not include the following
   43  persons when they are acting in an official capacity: law
   44  enforcement officers, except as otherwise provided in this
   45  subsection; employees of municipal or county detention
   46  facilities; or employees of the Department of Corrections.
   47         Section 2. Paragraph (a) of subsection (1) and paragraph
   48  (a) of subsection (2) of section 39.201, Florida Statutes, are
   49  amended to read:
   50         39.201 Mandatory reports of child abuse, abandonment, or
   51  neglect; mandatory reports of death; central abuse hotline.—
   52         (1)(a) Any person who knows, or has reasonable cause to
   53  suspect, that a child is abused, abandoned, or neglected by any
   54  person a parent, legal custodian, caregiver, or other person
   55  responsible for the child’s welfare, as defined in this chapter,
   56  or that a child is in need of supervision and care and has no
   57  parent, legal custodian, or responsible adult relative
   58  immediately known and available to provide supervision and care,
   59  shall report such knowledge or suspicion to the department in
   60  the manner prescribed in subsection (2).
   61         (2)(a) Each report of known or suspected child abuse,
   62  abandonment, or neglect by any person a parent, legal custodian,
   63  caregiver, or other person responsible for the child’s welfare
   64  as defined in this chapter, except those solely under s.
   65  827.04(3), and each report that a child is in need of
   66  supervision and care and has no parent, legal custodian, or
   67  responsible adult relative immediately known and available to
   68  provide supervision and care shall be made immediately to the
   69  department’s central abuse hotline. Such reports may be made on
   70  the single statewide toll-free telephone number or via fax or
   71  web-based report. Personnel at the department’s central abuse
   72  hotline shall determine if the report received meets the
   73  statutory definition of child abuse, abandonment, or neglect.
   74  Any report meeting one of these definitions shall be accepted
   75  for the protective investigation pursuant to part III of this
   76  chapter. Any report of child abuse, abandonment, or neglect by a
   77  person other than the child’s caregiver as defined in s.
   78  39.01(10), shall be taken by the Florida Abuse Hotline and
   79  forwarded to the appropriate county sheriff’s office pursuant to
   80  paragraph (b).
   81         Section 3. Subsections (3) through (6) of section 39.205,
   82  Florida Statutes, are renumbered as subsections (5) through (8),
   83  respectively, and new subsections (3) and (4) are added to that
   84  section to read:
   85         39.205 Penalties relating to reporting of child abuse,
   86  abandonment, or neglect.—
   87         (3) Any Florida College System institution, state
   88  university, or nonpublic college, university, or school, as
   89  defined in s. 1000.21 or s. 1005.02, whose administrators,
   90  faculty, or staff knowingly and willfully fail to report known
   91  or suspected child abuse, abandonment, or neglect committed on
   92  the property of the institution, university, college, or school,
   93  or during an event or function sponsored by the institution,
   94  university, college, or school, or who knowingly and willfully
   95  prevent another person from doing so, shall be subject to fines
   96  of $1 million for each such failure and the loss of all state
   97  funding, including the funds under the Florida Resident Access
   98  Grant Program, for a period of 2 years.
   99         (4) Any Florida College System institution, state
  100  university, or nonpublic college, university, or school, as
  101  defined in s. 1000.21 or s. 1005.02, whose law enforcement
  102  agency fails to transmit to prosecutorial authorities any report
  103  of known or suspected child abuse, abandonment, or neglect
  104  committed on the property of the institution, university,
  105  college, or school, or during an event or function sponsored by
  106  the institution, university, college, or school, shall be
  107  subject to fines of $1 million for each such failure and the
  108  loss of all state funding, including the funds under the Florida
  109  Resident Access Grant Program, for a period of 2 years.
  110         Section 4. Subsection (1) of section 39.302, Florida
  111  Statutes, is amended to read:
  112         39.302 Protective investigations of institutional child
  113  abuse, abandonment, or neglect.—
  114         (1) The department shall conduct a child protective
  115  investigation of each report of institutional child abuse,
  116  abandonment, or neglect. Upon receipt of a report that alleges
  117  that an employee or agent of the department, or any other entity
  118  or person covered by s. 39.01(33) or (47), acting in an official
  119  capacity, has committed an act of child abuse, abandonment, or
  120  neglect, the department shall initiate a child protective
  121  investigation within the timeframe established under s.
  122  39.201(5) and orally notify the appropriate state attorney, law
  123  enforcement agency, and licensing agency, which shall
  124  immediately conduct a joint investigation, unless independent
  125  investigations are more feasible. When conducting investigations
  126  onsite or having face-to-face interviews with the child,
  127  investigation visits shall be unannounced unless it is
  128  determined by the department or its agent that unannounced
  129  visits threaten the safety of the child. If a facility is exempt
  130  from licensing, the department shall inform the owner or
  131  operator of the facility of the report. Each agency conducting a
  132  joint investigation is entitled to full access to the
  133  information gathered by the department in the course of the
  134  investigation. A protective investigation must include an onsite
  135  visit of the child’s place of residence. The department shall
  136  make a full written report to the state attorney within 3
  137  working days after making the oral report. A criminal
  138  investigation shall be coordinated, whenever possible, with the
  139  child protective investigation of the department. Any interested
  140  person who has information regarding the offenses described in
  141  this subsection may forward a statement to the state attorney as
  142  to whether prosecution is warranted and appropriate. Within 15
  143  days after the completion of the investigation, the state
  144  attorney shall report the findings to the department and shall
  145  include in the report a determination of whether or not
  146  prosecution is justified and appropriate in view of the
  147  circumstances of the specific case.
  148         Section 5. Section 796.036, Florida Statutes, is created to
  149  read:
  150         796.036 Violations involving minors; reclassification.—
  151         (1) The felony or misdemeanor degree of any violation of
  152  this chapter, other than s. 796.03 or s. 796.035, in which a
  153  minor engages in prostitution, lewdness, assignation, sexual
  154  conduct, or other conduct as defined in or prohibited by this
  155  chapter, but the minor is not the person charged with the
  156  violation, is reclassified as provided in this section.
  157         (2) Offenses shall be reclassified as follows:
  158         (a) A misdemeanor of the second degree is reclassified to a
  159  misdemeanor of the first degree.
  160         (b) A misdemeanor of the first degree is reclassified to a
  161  felony of the third degree.
  162         (c) A felony of the third degree is reclassified to a
  163  felony of the second degree.
  164         (d) A felony of the second degree is reclassified to a
  165  felony of the first degree.
  166         (e) A felony of the first degree is reclassified to a life
  167  felony.
  168         Section 6. Section 960.198, Florida Statutes, is amended to
  169  read:
  170         960.198 Relocation assistance for victims of domestic
  171  violence or sexual violence.—
  172         (1) Notwithstanding the criteria set forth in s. 960.13 for
  173  crime victim compensation awards, the department may award a
  174  one-time payment of up to $1,500 on any one claim and a lifetime
  175  maximum of $3,000 to a victim of domestic violence who needs
  176  immediate assistance to escape from a domestic violence
  177  environment or to a victim of sexual violence who reasonably
  178  fears for her or his safety.
  179         (2) In order for an award to be granted to a victim for
  180  relocation assistance:
  181         (a) There must be proof that a domestic violence or sexual
  182  violence offense was committed;
  183         (b) The domestic violence or sexual violence offense must
  184  be reported to the proper authorities;
  185         (c) The victim’s need for assistance must be certified by a
  186  certified domestic violence center or a certified rape crisis
  187  center in this state; and
  188         (d) The center certification must assert that the victim is
  189  cooperating with law enforcement officials, if applicable, and
  190  must include documentation that the victim has developed a
  191  safety plan.
  192         Section 7. Subsection (1) of section 794.056, Florida
  193  Statutes, is amended to read:
  194         794.056 Rape Crisis Program Trust Fund.—
  195         (1) The Rape Crisis Program Trust Fund is created within
  196  the Department of Health for the purpose of providing funds for
  197  rape crisis centers in this state. Trust fund moneys shall be
  198  used exclusively for the purpose of providing services for
  199  victims of sexual assault. Funds credited to the trust fund
  200  consist of those funds collected as an additional court
  201  assessment in each case in which a defendant pleads guilty or
  202  nolo contendere to, or is found guilty of, regardless of
  203  adjudication, an offense provided in s. 775.21(6) and (10)(a),
  204  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
  205  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
  206  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
  207  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
  208  s. 796.03; s. 796.035; s. 796.04; s. 796.045; s. 796.05; s.
  209  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
  210  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
  211  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
  212  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
  213  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
  214  fund also shall include revenues provided by law, moneys
  215  appropriated by the Legislature, and grants from public or
  216  private entities.
  217         Section 8. Section 938.085, Florida Statutes, is amended to
  218  read:
  219         938.085 Additional cost to fund rape crisis centers.—In
  220  addition to any sanction imposed when a person pleads guilty or
  221  nolo contendere to, or is found guilty of, regardless of
  222  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
  223  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
  224  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
  225  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
  226  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
  227  s. 796.035; s. 796.04; s. 796.045; s. 796.05; s. 796.06; s.
  228  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
  229  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
  230  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
  231  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
  232  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
  233  $151. Payment of the surcharge shall be a condition of
  234  probation, community control, or any other court-ordered
  235  supervision. The sum of $150 of the surcharge shall be deposited
  236  into the Rape Crisis Program Trust Fund established within the
  237  Department of Health by chapter 2003-140, Laws of Florida. The
  238  clerk of the court shall retain $1 of each surcharge that the
  239  clerk of the court collects as a service charge of the clerk’s
  240  office.
  241         Section 9. This act shall take effect October 1, 2012.