Florida Senate - 2021                               CS for SB 96
       
       
        
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Book
       
       
       
       
       586-02354-21                                            202196c1
    1                        A bill to be entitled                      
    2         An act relating to child welfare; creating s. 39.101,
    3         F.S.; transferring existing provisions relating to the
    4         central abuse hotline of the Department of Children
    5         and Families; providing additional requirements
    6         relating to the hotline; revising requirements for
    7         certain statistical reports that the department is
    8         required to collect and analyze; amending s. 39.201,
    9         F.S.; revising when a person is required to report to
   10         the central abuse hotline; requiring animal control
   11         officers and certain agents to provide their names to
   12         hotline staff; requiring central abuse hotline
   13         counselors to advise reporters of certain information;
   14         requiring counselors to receive specified periodic
   15         training; revising requirements relating to reports of
   16         abuse involving impregnation of children; providing
   17         requirements for the department when handling reports
   18         of child abuse, neglect, or abandonment by a parent or
   19         caregiver and reports of child-on-child sexual abuse;
   20         amending s. 39.2015, F.S.; specifying serious
   21         incidents for which the department is required to
   22         provide an immediate multiagency investigation;
   23         requiring an immediate onsite investigation by a
   24         critical incident rapid response team when reports are
   25         received by the department containing allegations of
   26         the sexual abuse of certain children; revising
   27         membership of multiagency teams; amending s. 39.202,
   28         F.S.; expanding the authorization of access to certain
   29         confidential records to include members of standing or
   30         select legislative committees, upon request, within a
   31         specified timeframe; amending s. 39.205, F.S.;
   32         providing construction; specifying that certain
   33         persons are not relieved from the duty to report by
   34         notifying a supervisor; creating s. 39.208, F.S.;
   35         providing legislative findings and intent; providing
   36         responsibilities for child protective investigators
   37         relating to animal cruelty; providing criminal, civil,
   38         and administrative immunity to child protective
   39         investigators who report known or suspected animal
   40         cruelty; providing responsibilities for animal control
   41         officers relating to child abuse, abandonment, and
   42         neglect; providing criminal penalties; requiring the
   43         department to develop training in consultation with
   44         the Florida Animal Control Association which relates
   45         to child and animal cruelty; providing requirements
   46         for such training; requiring the department to adopt
   47         rules; amending s. 39.302, F.S.; conforming cross
   48         references; authorizing certain persons to be
   49         represented by an attorney or accompanied by another
   50         person under certain circumstances during
   51         institutional investigations; providing requirements
   52         relating to institutional investigations; amending s.
   53         39.3035, F.S.; providing a description of child
   54         advocacy centers; creating s. 39.4092, F.S.; providing
   55         legislative findings; authorizing offices of criminal
   56         conflict and civil regional counsel to establish a
   57         multidisciplinary legal representation model program
   58         to serve parents of children in the dependency system;
   59         requiring the department to collaborate with the
   60         office to implement a program and provide funding;
   61         specifying program requirements; defining the term
   62         “parent-peer specialist”; requiring each region that
   63         establishes a multidisciplinary legal representation
   64         model program to submit an annual report by a certain
   65         date to the Office of Program Policy Analysis and
   66         Government Accountability; requiring the office to
   67         compile the reports and include such information in a
   68         specified report sent to the Governor and the
   69         Legislature by a specified date; authorizing the
   70         office of criminal conflict and civil regional counsel
   71         to adopt rules; amending s. 409.1415, F.S.; requiring
   72         the department to make available specified training
   73         for caregivers on the life skills necessary for
   74         children in out-of-home care; requiring the department
   75         to establish the Foster Information Center for
   76         specified purposes; requiring community-based care
   77         lead agencies to provide certain information and
   78         resources to kinship caregivers and to provide
   79         specified assistance to such caregivers; requiring
   80         lead agencies to provide caregivers with a certain
   81         telephone number; repealing s. 409.1453, F.S.,
   82         relating to the design and dissemination of training
   83         for foster care caregivers; repealing s. 409.1753,
   84         F.S.; relating to duties of the department relating to
   85         foster care; providing legislative intent; amending s.
   86         827.071, F.S.; renaming the term “sexual bestiality”
   87         as “sexual contact with an animal” and redefining the
   88         term; amending s. 828.126, F.S.; revising and defining
   89         terms; revising prohibitions relating to sexual
   90         conduct and sexual contact with an animal; revising
   91         criminal penalties; requiring a court to issue certain
   92         orders; revising applicability; amending s. 828.27,
   93         F.S.; requiring county and municipal animal control
   94         officers to complete specified training; requiring
   95         that animal control officers be provided with
   96         opportunities to attend such training during normal
   97         work hours; amending s. 921.0022, F.S.; assigning an
   98         offense severity ranking for sexual activities
   99         involving animals; amending s. 1012.795, F.S.;
  100         requiring the Education Practices Commission to
  101         suspend the educator certificate of instructional
  102         personnel and school administrators for failing to
  103         report known or suspected child abuse under certain
  104         circumstances; amending ss. 39.301, 119.071, 322.09,
  105         and 934.03, F.S.; conforming cross-references;
  106         providing an effective date.
  107          
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. Section 39.101, Florida Statutes, is created to
  111  read:
  112         39.101 Central abuse hotline.—The central abuse hotline is
  113  the first step in the safety assessment and investigation
  114  process.
  115         (1)ESTABLISHMENT AND OPERATION.—
  116         (a) The department shall operate and maintain a central
  117  abuse hotline capable of receiving all reports of known or
  118  suspected child abuse, abandonment, or neglect and reports that
  119  a child is in need of supervision and care and has no parent,
  120  legal custodian, or responsible adult relative immediately known
  121  and available to provide supervision and care. The hotline must
  122  accept reports 24 hours a day, 7 days a week, and such reports
  123  must be made in accordance with s. 39.201. The central abuse
  124  hotline must be capable of accepting reports made in accordance
  125  with s. 39.201 in writing, through a single statewide toll-free
  126  telephone number, or through electronic reporting. Any person
  127  may use any of these methods to make a report to the central
  128  abuse hotline.
  129         (b)The central abuse hotline must be operated in such a
  130  manner as to enable the department to:
  131         1. Accept reports for investigation when there is a
  132  reasonable cause to suspect that a child has been or is being
  133  abused or neglected or has been abandoned.
  134         2. Determine whether the allegations made by the reporter
  135  require an immediate or a 24-hour response priority in
  136  accordance with subsection (2).
  137         3. Immediately identify and locate prior reports or cases
  138  of child abuse, abandonment, or neglect through the use of the
  139  department’s automated tracking system.
  140         4. Track critical steps in the investigative process to
  141  ensure compliance with all requirements for any report of abuse,
  142  abandonment, or neglect.
  143         5. When appropriate, refer calls that do not allege the
  144  abuse, neglect, or abandonment of a child to other organizations
  145  that may better resolve the reporter’s concerns.
  146         6. Serve as a resource for the evaluation, management, and
  147  planning of preventive and remedial services for children who
  148  have been subjected to abuse, abandonment, or neglect.
  149         7. Initiate and enter into agreements with other states for
  150  the purposes of gathering and sharing information contained in
  151  reports on child maltreatment to further enhance programs for
  152  the protection of children.
  153         8. Promote public awareness of the central abuse hotline
  154  through community-based partner organizations and public service
  155  campaigns.
  156         (2) TIMELINES FOR INITIATING INVESTIGATION.—Upon receiving
  157  a report to the central abuse hotline, the department must
  158  determine the timeframe in which to initiate an investigation
  159  pursuant to chapter 39. An investigation must be commenced:
  160         (a) Immediately, regardless of the time of day or night, if
  161  it appears that:
  162         1. The immediate safety or well-being of a child is
  163  endangered;
  164         2. The family may flee or the child may be unavailable for
  165  purposes of conducting a child protective investigation; or
  166         3. The facts reported to the central abuse hotline
  167  otherwise so warrant.
  168         (b) Within 24 hours after receipt of a report that does not
  169  involve the criteria specified in paragraph (a).
  170         (3)COLLECTION OF INFORMATION AND DATA.—The department
  171  shall:
  172         (a)1.Voice-record all incoming or outgoing calls that are
  173  received or placed by the central abuse hotline which relate to
  174  suspected or known child abuse, neglect, or abandonment and
  175  maintain an electronic copy of each report made to the hotline,
  176  whether through a call or the electronic system.
  177         2. Make the recording or electronic copy of the report made
  178  to the central abuse hotline a part of the record.
  179  Notwithstanding s. 39.202, the recording must be released in
  180  full only to law enforcement agencies and state attorneys for
  181  the purposes of investigating and prosecuting criminal charges
  182  pursuant to s. 39.205, or to employees of the department for the
  183  purposes of investigating and seeking administrative penalties
  184  pursuant to s. 39.206.
  185  
  186  This paragraph does not prohibit hotline staff from using the
  187  recordings or the electronic reports for quality assurance or
  188  training purposes.
  189         (b)1.Secure and install electronic equipment that
  190  automatically provides to the hotline the number from which the
  191  call or fax is placed or the Internet protocol address from
  192  which the report is received.
  193         2. Enter the number or Internet protocol address into the
  194  report of abuse, abandonment, or neglect for it to become a part
  195  of the record of the report.
  196         3. Maintain the confidentiality of such information in the
  197  same manner as given to the identity of the reporter pursuant to
  198  s. 39.202.
  199         (c)1.Update the web form used for reporting child abuse,
  200  abandonment, or neglect to include qualifying questions in order
  201  to obtain necessary information required to assess need and the
  202  timelines necessary for initiating an investigation under
  203  subsection (2).
  204         2. Make the report available in its entirety to the
  205  counselors as needed to update the Florida Safe Families Network
  206  or other similar systems.
  207         (d) Monitor and evaluate the effectiveness of the reporting
  208  and investigating of suspected child abuse, abandonment, or
  209  neglect through the development and analysis of statistical and
  210  other information.
  211         (e) Maintain and produce aggregate statistical reports
  212  monitoring patterns of child abuse, abandonment, and neglect.
  213         (f)1. Collect and analyze child-on-child sexual abuse
  214  reports and include such information in the aggregate
  215  statistical reports.
  216         2. Collect and analyze, in separate statistical reports,
  217  those reports of child abuse and sexual abuse which are reported
  218  from or which occurred:
  219         a. On school premises;
  220         b. On school transportation;
  221         c. At school-sponsored off-campus events;
  222         d. At any school readiness program provider determined to
  223  be eligible under s. 1002.88;
  224         e. At a private prekindergarten provider or a public school
  225  prekindergarten provider, as those terms are defined in s.
  226  1002.51;
  227         f. At a public K-12 school as described in s. 1000.04;
  228         g. At a private school as defined in s. 1002.01;
  229         h. At a Florida College System institution or a state
  230  university, as those terms are defined in s. 1000.21; or
  231         i. At any school, as defined in s. 1005.02.
  232         (4)USE OF INFORMATION RECEIVED BY HOTLINE.—
  233         (a) Information received by the central abuse hotline may
  234  not be used for employment screening, except as provided in s.
  235  39.202(2)(a) or (h) or s. 402.302(15).
  236         (b)Information in the central abuse hotline and the
  237  department’s automated abuse information system may be used by
  238  the department, its authorized agents or contract providers, the
  239  Department of Health, or county agencies as part of the
  240  licensure or registration process pursuant to ss. 402.301
  241  402.319 and ss. 409.175-409.176.
  242         (c)Information in the central abuse hotline also may be
  243  used by the Department of Education for purposes of educator
  244  certification discipline and review pursuant to s. 39.202(2)(q).
  245         (5) QUALITY ASSURANCE.—On an ongoing basis, the
  246  department’s quality assurance program shall review screened-out
  247  reports involving three or more unaccepted reports on a single
  248  child, when jurisdiction applies, in order to detect such things
  249  as harassment and situations that warrant an investigation
  250  because of the frequency of the reports or the variety of the
  251  sources of the reports. A component of the quality assurance
  252  program must analyze unaccepted reports to the hotline by
  253  identified relatives as a part of the review of screened-out
  254  calls. The Assistant Secretary for Child Welfare may refer a
  255  case for investigation when it is determined, as a result of
  256  such review, that an investigation may be warranted.
  257         Section 2. Section 39.201, Florida Statutes, is amended to
  258  read:
  259         (Substantial rewording of section. See
  260         s. 39.201, F.S., for present text.)
  261         39.201 Required reports of child abuse, abandonment,
  262  neglect, and juvenile sexual abuse; required reports of death;
  263  reports involving a child who has exhibited inappropriate sexual
  264  behavior.—
  265         (1)REQUIRED REPORTING.—
  266         (a)1. A person is required to report immediately to the
  267  central abuse hotline established in s. 39.101, by a call to the
  268  toll-free number or by electronic report, if he or she knows, or
  269  has reasonable cause to suspect, that any of the following has
  270  occurred:
  271         a.Child abuse, neglect, or abandonment by a parent or
  272  caregiver, which includes, but is not limited to, when a child
  273  is abused, neglected, or abandoned by a parent, legal custodian,
  274  caregiver, or other person responsible for the child’s welfare
  275  or when a child is in need of supervision and care and has no
  276  parent, legal custodian, or responsible adult relative
  277  immediately known and available to provide supervision and care.
  278         b.Child abuse by a noncaregiver, which includes, but is
  279  not limited to, when a child is abused by an adult other than a
  280  parent, legal custodian, caregiver, or other person responsible
  281  for the child’s welfare. Such reports must be immediately
  282  electronically transferred to the appropriate county sheriff’s
  283  office by the central abuse hotline.
  284         2.Any person who knows, or has reasonable cause to
  285  suspect, that a child is the victim of childhood sexual abuse or
  286  of juvenile sexual abuse shall report such knowledge or
  287  suspicion to the department. This includes any alleged incident
  288  involving a child who is in the custody of or under the
  289  protective supervision of the department.
  290  
  291  Such reports may be made on the single statewide toll-free
  292  telephone number or by fax, web-based chat, or web-based report.
  293         (b)1.A person from the general public may make a report to
  294  the central abuse hotline anonymously if he or she chooses to do
  295  so.
  296         2. A person making a report to the central abuse hotline
  297  under this section who is part of any of the following
  298  occupational categories is required to provide his or her name
  299  to the central abuse hotline staff:
  300         a. Physician, osteopathic physician, medical examiner,
  301  chiropractic physician, nurse, or hospital personnel engaged in
  302  the admission, examination, care, or treatment of persons;
  303         b. Health professional or mental health professional other
  304  than a category listed in sub-subparagraph a.;
  305         c. Practitioner who relies solely on spiritual means for
  306  healing;
  307         d. School teacher or other school official or personnel;
  308         e. Social worker, day care center worker, or other
  309  professional child care worker, foster care worker, residential
  310  worker, or institutional worker;
  311         f. Law enforcement officer;
  312         g. Judge; or
  313         h.Animal control officer as defined in s. 828.27 or agent
  314  appointed under s. 828.03.
  315         (c)Central abuse hotline counselors shall advise persons
  316  who are making a report to the central abuse hotline that, while
  317  their names must be entered into the record of the report, the
  318  names of reporters are held confidential and exempt as provided
  319  in s. 39.202. Counselors must receive periodic training in
  320  encouraging all reporters to provide their names when making a
  321  report.
  322         (2)EXCEPTIONS TO REPORTING.—
  323         (a) An additional report of child abuse, abandonment, or
  324  neglect does not have to be made by:
  325         1.A professional who is hired by or who enters into a
  326  contract with the department for the purpose of treating or
  327  counseling any person as a result of a report of child abuse,
  328  abandonment, or neglect if such person was the subject of the
  329  referral for treatment.
  330         2.An officer or employee of the judicial branch when the
  331  child is currently being investigated by the department, when
  332  there is an existing dependency case, or when the matter has
  333  previously been reported to the department, if there is
  334  reasonable cause to believe that the information is already
  335  known to the department. This subparagraph applies only when the
  336  information has been provided to the officer or employee in the
  337  course of carrying out his or her official duties.
  338         3.An officer or employee of a law enforcement agency when
  339  the incident under investigation by the law enforcement agency
  340  was reported to law enforcement by the central abuse hotline
  341  through the electronic transfer of the report or call. The
  342  department’s central abuse hotline is not required to
  343  electronically transfer calls and reports received pursuant to
  344  paragraph (1)(b) to the county sheriff’s office if the matter
  345  was initially reported to the department by the county sheriff’s
  346  office or by another law enforcement agency. This subparagraph
  347  applies only when the information related to the alleged child
  348  abuse has been provided to the officer or employee of a law
  349  enforcement agency or central abuse hotline employee in the
  350  course of carrying out his or her official duties.
  351         (b) Nothing in this chapter or in the contract with
  352  community-based care providers for foster care and related
  353  services as specified in s. 409.987 may be construed to remove
  354  or reduce the duty and responsibility of any person, including
  355  any employee of the community-based care provider, to report a
  356  suspected or actual case of child abuse, abandonment, or neglect
  357  or the sexual abuse of a child to the department’s central abuse
  358  hotline.
  359         (3)ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.—
  360         (a)Abuse occurring out of state.
  361         1. Except as provided in subparagraph 2., the central abuse
  362  hotline is prohibited from taking a report of known or suspected
  363  child abuse, abandonment, or neglect when the report is related
  364  to abuse, abandonment, or neglect that occurred out of state and
  365  the alleged perpetrator and the child alleged to be a victim do
  366  not live in this state.
  367         2.If the child is currently being evaluated in a medical
  368  facility in this state, the central abuse hotline must accept
  369  the report or call for investigation and must transfer the
  370  information on the report or call to the appropriate state or
  371  country.
  372         3.If the child is not currently being evaluated in a
  373  medical facility in this state, the central abuse hotline must
  374  transfer the information on the report or call to the
  375  appropriate state or county.
  376         (b)Abuse reports received from emergency room physicians.
  377  The department must initiate an investigation when it receives a
  378  report from an emergency room physician.
  379         (c)Abuse involving impregnation of a child.—A report must
  380  be immediately electronically transferred to the appropriate
  381  county sheriff’s office or other appropriate law enforcement
  382  agency by the central abuse hotline if the report is of an
  383  instance of known or suspected child abuse involving
  384  impregnation of a child younger than 16 years of age by a person
  385  21 years of age or older solely under s. 827.04(3). If the
  386  report is of known or suspected child abuse solely under s.
  387  827.04(3), the reporting provisions of subsection (1) do not
  388  apply to health care professionals or other persons who provide
  389  medical or counseling services to pregnant children when such
  390  reporting would interfere with the provision of medical
  391  services.
  392         (d)Institutional child abuse or neglect.—Reports involving
  393  known or suspected institutional child abuse or neglect, as
  394  defined in s. 39.01, must be made and received in the same
  395  manner as all other reports made pursuant to this section.
  396         (e)Surrendered newborn infants.
  397         1. The department must receive reports involving
  398  surrendered newborn infants as described in s. 383.50.
  399         2.a. A report may not be considered a report of abuse,
  400  neglect, or abandonment solely because the infant has been left
  401  at a hospital, emergency medical services station, or fire
  402  station pursuant to s. 383.50.
  403         b. If the report involving a surrendered newborn infant
  404  does not include indications of abuse, neglect, or abandonment
  405  other than that necessarily entailed in the infant having been
  406  left at a hospital, emergency medical services station, or fire
  407  station, the department must provide to the caller making the
  408  report the name of a licensed child-placing agency on a rotating
  409  basis from a list of licensed child-placing agencies eligible
  410  and required to accept physical custody of and to place
  411  surrendered newborn infants.
  412         3. If the report includes indications of abuse or neglect
  413  beyond that necessarily entailed in the infant having been left
  414  at a hospital, emergency medical services station, or fire
  415  station, the report must be considered as a report of abuse,
  416  neglect, or abandonment and, notwithstanding chapter 383, is
  417  subject to the requirements of s. 39.395 and all other relevant
  418  provisions of this chapter.
  419         (4) REPORTS OF CHILD ABUSE, NEGLECT, OR ABANDONMENT BY A
  420  PARENT OR CAREGIVER.—
  421         (a)1.Upon receiving a report made to the department’s
  422  central abuse hotline, personnel of the department shall
  423  determine if the received report meets the statutory definition
  424  of child abuse, abandonment, or neglect.
  425         2. Any report meeting one of these definitions must be
  426  accepted for protective investigation pursuant to part III of
  427  this chapter.
  428         (b)1. Any call received from a parent or legal custodian
  429  seeking assistance for himself or herself which does not meet
  430  the criteria for being a report of child abuse, abandonment, or
  431  neglect may be accepted by the hotline for response to
  432  ameliorate a potential future risk of harm to a child.
  433         2. The department must refer the parent or legal custodian
  434  for appropriate voluntary community services if it is determined
  435  by personnel of the department that a need for community
  436  services exists.
  437         (5) REPORTS OF SEXUAL ABUSE OF A CHILD, JUVENILE SEXUAL
  438  ABUSE, OR A CHILD WHO HAS EXHIBITED INAPPROPRIATE SEXUAL
  439  BEHAVIOR.—
  440         (a)Reports involving sexual abuse of a child or juvenile
  441  sexual abuse shall be made immediately to the department’s
  442  central abuse hotline. Such reports may be made on the single
  443  statewide toll-free telephone number or by fax, web-based chat,
  444  or web-based report. This includes any alleged incident
  445  involving a child who is in the custody of or under the
  446  protective supervision of the department.
  447         (b)1.Within 48 hours after receiving a report required
  448  under subparagraph (1)(a)2. made to the department’s central
  449  abuse hotline, personnel of the department shall conduct an
  450  assessment, assist the family in receiving appropriate services
  451  pursuant to s. 39.307, and send a written report of the
  452  allegation to the appropriate county sheriff’s office.
  453         2.Reports involving a child who has exhibited
  454  inappropriate sexual behavior must be made and received by the
  455  department. The central abuse hotline shall immediately
  456  electronically transfer the report or call to the county
  457  sheriff’s office. The department shall conduct an assessment and
  458  assist the family in receiving appropriate services pursuant to
  459  s. 39.307 and send a written report of the allegation to the
  460  appropriate county sheriff’s office within 48 hours after the
  461  initial report is made to the central abuse hotline.
  462         (c)The services identified in the assessment should be
  463  provided in the least restrictive environment possible and must
  464  include, but need not be limited to, child advocacy center
  465  services pursuant to s. 39.3035 and sexual abuse treatment
  466  programs developed and coordinated by the Children’s Medical
  467  Services Program in the Department of Health pursuant to s.
  468  39.303.
  469         (d) The department shall ensure that the facts and results
  470  of any investigation of such abuse involving a child in the
  471  custody of, or under the protective supervision of, the
  472  department are made known to the court at the next hearing and
  473  are included in the next report to the court concerning the
  474  child.
  475         (e)1. In addition to conducting an assessment and assisting
  476  the family in receiving appropriate services, the department
  477  shall conduct a child protective investigation under
  478  subparagraph (1)(a)2. which occurs on school premises; on school
  479  transportation; at school-sponsored off-campus events; at a
  480  public or private school readiness or prekindergarten program;
  481  at a public K-12 school; or at a private school. The protective
  482  investigation must include an interview with the child’s parent
  483  or legal guardian.
  484         2. Further, the department shall notify the Department of
  485  Education; the law enforcement agency having jurisdiction over
  486  the municipality or county in which the school is located; and,
  487  as appropriate, the superintendent of the school district where
  488  the school is located, the administrative officer of the private
  489  school, or the owner of the private school readiness or
  490  prekindergarten provider.
  491         3. The department shall make a full written report to the
  492  law enforcement agency within 3 working days after making the
  493  oral report. Whenever possible, any criminal investigation must
  494  be coordinated with the department’s child protective
  495  investigation. Any interested person who has information
  496  regarding such abuse may forward a statement to the department.
  497         (6) MANDATORY REPORTS OF A CHILD DEATH.—Any person required
  498  to report or investigate cases of suspected child abuse,
  499  abandonment, or neglect who has reasonable cause to suspect that
  500  a child died as a result of child abuse, abandonment, or neglect
  501  shall report his or her suspicion to the appropriate medical
  502  examiner. The medical examiner shall accept the report for
  503  investigation and shall report his or her findings, in writing,
  504  to the local law enforcement agency, the appropriate state
  505  attorney, and the department. Autopsy reports maintained by the
  506  medical examiner are not subject to the confidentiality
  507  requirements provided for in s. 39.202.
  508         Section 3. Present subsections (3) through (11) of section
  509  39.2015, Florida Statutes, are redesignated as subsections (4)
  510  through (12), respectively, a new subsection (3) is added to
  511  that section, and subsection (1) and present subsection (3) of
  512  that section are amended, to read:
  513         39.2015 Critical incident rapid response team.—
  514         (1) As part of the department’s quality assurance program,
  515  the department shall provide an immediate multiagency
  516  investigation of certain child deaths or other serious
  517  incidents, including, but not limited to, allegations of sexual
  518  abuse of a child as described in this chapter. The purpose of
  519  such investigation is to identify root causes and rapidly
  520  determine the need to change policies and practices related to
  521  child protection and child welfare.
  522         (3) An immediate onsite investigation conducted by a
  523  critical incident rapid response team is required for all
  524  reports received by the department containing allegations of
  525  sexual abuse of a child as described in this chapter if the
  526  child or another child in his or her family was the subject of a
  527  verified report of suspected abuse or neglect during the
  528  previous 12 months. This includes any alleged incident involving
  529  a child who is in the custody of or under the protective
  530  supervision of the department.
  531         (4)(3) Each investigation shall be conducted by a
  532  multiagency team of at least five professionals with expertise
  533  in child protection, child welfare, and organizational
  534  management. The team may consist of employees of the department,
  535  community-based care lead agencies, Children’s Medical Services,
  536  and community-based care provider organizations; faculty from
  537  the institute consisting of public and private universities
  538  offering degrees in social work established pursuant to s.
  539  1004.615; or any other person with the required expertise. The
  540  team shall include, at a minimum, a Child Protection Team
  541  medical director, a representative from a child advocacy center
  542  pursuant to s. 39.3035 who has specialized training in sexual
  543  abuse, or a combination of such specialists if deemed
  544  appropriate. The majority of the team must reside in judicial
  545  circuits outside the location of the incident. The secretary
  546  shall appoint a team leader for each group assigned to an
  547  investigation.
  548         Section 4. Paragraph (t) of subsection (2) of section
  549  39.202, Florida Statutes, is amended, and paragraph (u) is added
  550  to that subsection, to read:
  551         39.202 Confidentiality of reports and records in cases of
  552  child abuse or neglect.—
  553         (2) Except as provided in subsection (4), access to such
  554  records, excluding the name of, or other identifying information
  555  with respect to, the reporter which shall be released only as
  556  provided in subsection (5), shall be granted only to the
  557  following persons, officials, and agencies:
  558         (t) Persons with whom the department is seeking to place
  559  the child or to whom placement has been granted, including
  560  foster parents for whom an approved home study has been
  561  conducted, the designee of a licensed child-caring agency as
  562  defined in s. 39.01 s. 39.01(41), an approved relative or
  563  nonrelative with whom a child is placed pursuant to s. 39.402,
  564  preadoptive parents for whom a favorable preliminary adoptive
  565  home study has been conducted, adoptive parents, or an adoption
  566  entity acting on behalf of preadoptive or adoptive parents.
  567         (u) Members of standing or select legislative committees,
  568  as provided under s. 11.143(2), within 7 business days, upon
  569  request of the member.
  570         Section 5. Subsections (1), (3), and (4) of section 39.205,
  571  Florida Statutes, are amended, and subsection (11) is added to
  572  that section, to read:
  573         39.205 Penalties relating to reporting of child abuse,
  574  abandonment, or neglect.—
  575         (1) A person who is required to report known or suspected
  576  child abuse, abandonment, or neglect and who knowingly and
  577  willfully fails to report known or suspected child abuse,
  578  abandonment, or neglect do so, or who knowingly and willfully
  579  prevents another person from doing so, commits a felony of the
  580  third degree, punishable as provided in s. 775.082, s. 775.083,
  581  or s. 775.084. A judge subject to discipline pursuant to s. 12,
  582  Art. V of the Florida Constitution shall not be subject to
  583  criminal prosecution when the information was received in the
  584  course of official duties.
  585         (3) Any Florida College System institution, state
  586  university, or nonpublic college, university, or school, as
  587  defined in s. 1000.21 or s. 1005.02, whose administrators
  588  knowingly and willfully, upon receiving information from
  589  faculty, staff, or other institution employees, knowingly and
  590  willfully fail to report to the central abuse hotline pursuant
  591  to this chapter known or suspected child abuse, abandonment, or
  592  neglect committed on the property of the university, college, or
  593  school, or during an event or function sponsored by the
  594  university, college, or school, or who knowingly and willfully
  595  prevent another person from doing so, shall be subject to fines
  596  of $1 million for each such failure.
  597         (a) A Florida College System institution subject to a fine
  598  shall be assessed by the State Board of Education.
  599         (b) A state university subject to a fine shall be assessed
  600  by the Board of Governors.
  601         (c) A nonpublic college, university, or school subject to a
  602  fine shall be assessed by the Commission for Independent
  603  Education.
  604         (4) Any Florida College System institution, state
  605  university, or nonpublic college, university, or school, as
  606  defined in s. 1000.21 or s. 1005.02, whose law enforcement
  607  agency fails to report to the central abuse hotline pursuant to
  608  this chapter known or suspected child abuse, abandonment, or
  609  neglect committed on the property of the university, college, or
  610  school, or during an event or function sponsored by the
  611  university, college, or school, shall be subject to fines of $1
  612  million for each such failure, assessed in the same manner as
  613  specified in subsection (3).
  614         (11)This section may not be construed to remove or reduce
  615  the requirement of any person, including any employee of a
  616  school readiness program provider determined to be eligible
  617  under s. 1002.88; a private prekindergarten provider or a public
  618  school prekindergarten provider, as those terms are defined in
  619  s. 1002.51; a public K-12 school as described in s. 1000.04; a
  620  home education program or a private school, as those terms are
  621  defined in s. 1002.01; a Florida College System institution or a
  622  state university, as those terms are defined in s. 1000.21; a
  623  college as defined in s. 1005.02; or a school as defined in s.
  624  1005.02, to directly report a suspected or actual case of child
  625  abuse, abandonment, or neglect or the sexual abuse of a child to
  626  the department’s central abuse hotline pursuant to this chapter.
  627  A person required to report to the central abuse hotline is not
  628  relieved of the obligation by notifying his or her supervisor.
  629         Section 6. Section 39.208, Florida Statutes, is created to
  630  read:
  631         39.208 Cross-reporting child abuse, abandonment, or neglect
  632  and animal cruelty.—
  633         (1) LEGISLATIVE FINDINGS AND INTENT.—
  634         (a)The Legislature recognizes that animal cruelty of any
  635  kind is a type of interpersonal violence that often co-occurs
  636  with child abuse and other forms of family violence, including
  637  elder abuse and domestic violence. Early identification of
  638  animal cruelty is an important tool in safeguarding children
  639  from abuse and neglect, providing needed support to families,
  640  and protecting animals.
  641         (b)The Legislature finds that education and training for
  642  child protective investigators and animal care and control
  643  personnel should include information on the link between the
  644  welfare of animals in the family and child safety and
  645  protection.
  646         (c)Therefore, it is the intent of the Legislature to
  647  require reporting and cross-reporting protocols and
  648  collaborative training between child protective services and
  649  animal control services personnel to help protect the safety and
  650  well-being of children, their families, and their animals.
  651         (2) RESPONSIBILITIES OF CHILD PROTECTIVE INVESTIGATORS.—
  652         (a) Any person who is required to investigate child abuse,
  653  abandonment, or neglect under this chapter and who, while acting
  654  in his or her professional capacity or within the scope of
  655  employment, knows or has reasonable cause to suspect that animal
  656  cruelty has occurred at the same address shall report such
  657  knowledge or suspicion within 72 hours to his or her supervisor
  658  for submission to a local animal control agency. The report must
  659  include all of the following information:
  660         1. A description of the animal and of the known or
  661  suspected animal cruelty.
  662         2. The name and address of the animal’s owner or keeper, if
  663  that information is available to the child protective
  664  investigator.
  665         3. Any other information available to the child protective
  666  investigator which might assist an animal control officer or law
  667  enforcement officer in establishing the cause of the animal
  668  cruelty and the manner in which it occurred.
  669         (b) A child protective investigator who makes a report
  670  under this section is presumed to have acted in good faith. An
  671  investigator acting in good faith who makes a report under this
  672  section or who cooperates in an investigation of suspected
  673  animal cruelty is immune from any civil or criminal liability or
  674  administrative penalty or sanction that might otherwise be
  675  incurred in connection with making the report or otherwise
  676  cooperating.
  677         (3) RESPONSIBILITIES OF ANIMAL CONTROL OFFICERS.—Any person
  678  who is required to investigate animal cruelty under chapter 828
  679  and who, while acting in his or her professional capacity or
  680  within the scope of employment, knows or has reasonable cause to
  681  suspect that a child is abused, abandoned, or neglected by a
  682  parent, legal custodian, caregiver, or other person responsible
  683  for the child’s welfare or that a child is in need of
  684  supervision and care and does not have a parent, a legal
  685  custodian, or a responsible adult relative immediately known and
  686  available to provide supervision and care to that child shall
  687  immediately report such knowledge or suspicion to the
  688  department’s central abuse hotline.
  689         (4)PENALTIES.—
  690         (a)A child protective investigator who is required to
  691  report known or suspected animal cruelty under subsection (2)
  692  and who knowingly and willfully fails to do so commits a
  693  misdemeanor of the second degree, punishable as provided in s.
  694  775.082 or s. 775.083.
  695         (b)An animal control officer who observes, in the course
  696  of his or her duties, known or suspected abuse, neglect, or
  697  abandonment of a child, who is required to report known or
  698  suspected abuse, neglect, or abandonment of a child under
  699  subsection (3), and who knowingly and willfully fails to report
  700  an incident of known or suspected abuse, abandonment, or
  701  neglect, as required by s. 39.201, is subject to the penalties
  702  imposed in s. 39.205.
  703         (5) TRAINING.—The department, in consultation with the
  704  Florida Animal Control Association, shall develop or adapt and
  705  use already available training materials in a 1-hour training
  706  for all child protective investigators and animal control
  707  officers on the accurate and timely identification and reporting
  708  of child abuse, abandonment, or neglect or animal cruelty and
  709  the interconnectedness of such abuse and neglect. The department
  710  shall incorporate into the required training for child
  711  protective investigators information on the identification of
  712  harm to and neglect of animals and the relationship of such
  713  activities to child welfare case practice. The 1-hour training
  714  developed for animal control officers must include a component
  715  that advises such officers of the mandatory duty to report any
  716  known or suspected child abuse, abandonment, or neglect under
  717  this section and s. 39.201 and the criminal penalties associated
  718  with a violation of failing to report known or suspected child
  719  abuse, abandonment, or neglect which is punishable in accordance
  720  with s. 39.205.
  721         (6)RULEMAKING.—The department shall adopt rules to
  722  implement this section.
  723         Section 7. Subsections (1) and (2) of section 39.302,
  724  Florida Statutes, are amended to read:
  725         39.302 Protective investigations of institutional child
  726  abuse, abandonment, or neglect.—
  727         (1) The department shall conduct a child protective
  728  investigation of each report of institutional child abuse,
  729  abandonment, or neglect. Upon receipt of a report that alleges
  730  that an employee or agent of the department, or any other entity
  731  or person covered by s. 39.01(37) or (54), acting in an official
  732  capacity, has committed an act of child abuse, abandonment, or
  733  neglect, the department shall initiate a child protective
  734  investigation within the timeframe established under s.
  735  39.101(2) s. 39.201(5) and notify the appropriate state
  736  attorney, law enforcement agency, and licensing agency, which
  737  shall immediately conduct a joint investigation, unless
  738  independent investigations are more feasible. When conducting
  739  investigations or having face-to-face interviews with the child,
  740  investigation visits shall be unannounced unless it is
  741  determined by the department or its agent that unannounced
  742  visits threaten the safety of the child. If a facility is exempt
  743  from licensing, the department shall inform the owner or
  744  operator of the facility of the report. Each agency conducting a
  745  joint investigation is entitled to full access to the
  746  information gathered by the department in the course of the
  747  investigation. A protective investigation must include an
  748  interview with the child’s parent or legal guardian. The
  749  department shall make a full written report to the state
  750  attorney within 3 working days after making the oral report. A
  751  criminal investigation shall be coordinated, whenever possible,
  752  with the child protective investigation of the department. Any
  753  interested person who has information regarding the offenses
  754  described in this subsection may forward a statement to the
  755  state attorney as to whether prosecution is warranted and
  756  appropriate. Within 15 days after the completion of the
  757  investigation, the state attorney shall report the findings to
  758  the department and shall include in the report a determination
  759  of whether or not prosecution is justified and appropriate in
  760  view of the circumstances of the specific case.
  761         (2)(a) If in the course of the child protective
  762  investigation, the department finds that a subject of a report,
  763  by continued contact with children in care, constitutes a
  764  threatened harm to the physical health, mental health, or
  765  welfare of the children, the department may restrict a subject’s
  766  access to the children pending the outcome of the investigation.
  767  The department or its agent shall employ the least restrictive
  768  means necessary to safeguard the physical health, mental health,
  769  and welfare of the children in care. This authority shall apply
  770  only to child protective investigations in which there is some
  771  evidence that child abuse, abandonment, or neglect has occurred.
  772  A subject of a report whose access to children in care has been
  773  restricted is entitled to petition the circuit court for
  774  judicial review. The court shall enter written findings of fact
  775  based upon the preponderance of evidence that child abuse,
  776  abandonment, or neglect did occur and that the department’s
  777  restrictive action against a subject of the report was justified
  778  in order to safeguard the physical health, mental health, and
  779  welfare of the children in care. The restrictive action of the
  780  department shall be effective for no more than 90 days without a
  781  judicial finding supporting the actions of the department.
  782         (b)In an institutional investigation, the alleged
  783  perpetrator may be represented by an attorney, at his or her own
  784  expense, or may be accompanied by another person, if the
  785  attorney or the person executes an affidavit of understanding
  786  with the department and agrees to comply with the
  787  confidentiality requirements under s. 39.202. The absence of an
  788  attorney or an accompanying person does not prevent the
  789  department from proceeding with other aspects of the
  790  investigation, including interviews with other persons. In
  791  institutional child abuse cases when the institution is not
  792  operational and the child cannot otherwise be located, the
  793  investigation must commence immediately upon the resumption of
  794  operation. If requested by a state attorney or local law
  795  enforcement agency, the department shall furnish all
  796  investigative reports to such state attorney or agency.
  797         (c)(b) Upon completion of the department’s child protective
  798  investigation, the department may make application to the
  799  circuit court for continued restrictive action against any
  800  person necessary to safeguard the physical health, mental
  801  health, and welfare of the children in care.
  802         Section 8. Present subsections (1), (2), and (3) of section
  803  39.3035, Florida Statutes, are redesignated as subsections (2),
  804  (3), and (4), respectively, a new subsection (1) is added to
  805  that section, and present subsection (3) is amended, to read:
  806         39.3035 Child advocacy centers; standards; state funding.—
  807         (1) Child advocacy centers are facilities that offer
  808  multidisciplinary services in a community-based, child-focused
  809  environment to children who are alleged to be victims of abuse
  810  or neglect. The children served by such centers may have
  811  experienced a variety of types of abuse or neglect, including,
  812  but not limited to, sexual abuse or severe physical abuse. The
  813  centers bring together, often in one location, child protective
  814  investigators, law enforcement, prosecutors, and medical and
  815  mental health professionals to provide a coordinated,
  816  comprehensive response to victims and their caregivers.
  817         (4)(3) A child advocacy center within this state may not
  818  receive the funds generated pursuant to s. 938.10, state or
  819  federal funds administered by a state agency, or any other funds
  820  appropriated by the Legislature unless all of the standards of
  821  subsection (2) (1) are met and the screening requirement of
  822  subsection (3) (2) is met. The Florida Network of Children’s
  823  Advocacy Centers, Inc., shall be responsible for tracking and
  824  documenting compliance with subsections (2) and (3) (1) and (2)
  825  for any of the funds it administers to member child advocacy
  826  centers.
  827         (a) Funds for the specific purpose of funding children’s
  828  advocacy centers shall be appropriated to the Department of
  829  Children and Families from funds collected from the additional
  830  court cost imposed in cases of certain crimes against minors
  831  under s. 938.10. Funds shall be disbursed to the Florida Network
  832  of Children’s Advocacy Centers, Inc., as established under this
  833  section, for the purpose of providing community-based services
  834  that augment, but do not duplicate, services provided by state
  835  agencies.
  836         (b) The board of directors of the Florida Network of
  837  Children’s Advocacy Centers, Inc., shall retain 10 percent of
  838  all revenues collected to be used to match local contributions,
  839  at a rate not to exceed an equal match, in communities
  840  establishing children’s advocacy centers. The board of directors
  841  may use up to 5 percent of the remaining funds to support the
  842  activities of the network office and must develop funding
  843  criteria and an allocation methodology that ensures an equitable
  844  distribution of remaining funds among network participants. The
  845  criteria and methodologies must take into account factors that
  846  include, but need not be limited to, the center’s accreditation
  847  status with respect to the National Children’s Alliance, the
  848  number of clients served, and the population of the area being
  849  served by the children’s advocacy center.
  850         (c) At the end of each fiscal year, each children’s
  851  advocacy center receiving revenue as provided in this section
  852  must provide a report to the board of directors of the Florida
  853  Network of Children’s Advocacy Centers, Inc., which reflects
  854  center expenditures, all sources of revenue received, and
  855  outputs that have been standardized and agreed upon by network
  856  members and the board of directors, such as the number of
  857  clients served, client demographic information, and number and
  858  types of services provided. The Florida Network of Children’s
  859  Advocacy Centers, Inc., must compile reports from the centers
  860  and provide a report to the President of the Senate and the
  861  Speaker of the House of Representatives in August of each year.
  862         Section 9. Section 39.4092, Florida Statutes, is created to
  863  read:
  864         39.4092 Multidisciplinary legal representation model
  865  program for parents of children in the dependency system.—
  866         (1) LEGISLATIVE FINDINGS.—
  867         (a) The Legislature finds that the use of a specialized
  868  team that includes a lawyer, a social worker, and a parent-peer
  869  specialist, also known as a multidisciplinary legal
  870  representation model, in dependency judicial matters is
  871  effective in reducing safety risks to children and providing
  872  families with better outcomes, such as significantly reducing
  873  the time such children spend in out-of-home care and achieving
  874  permanency more quickly.
  875         (b) The Legislature finds that parents in dependency court
  876  often suffer from multiple challenges, such as mental illness,
  877  substance use disorder, domestic violence and other trauma,
  878  unstable housing, and unemployment. Such issues are often a
  879  contributing factor to children experiencing instability or
  880  safety risks. While these issues may result in legal involvement
  881  or require legal representation, addressing such underlying
  882  challenges in a manner that achieves stability often falls
  883  within the core functions of the practice of social work.
  884         (c) The Legislature also finds that social work
  885  professionals have a unique skill set, including client
  886  assessment and clinical knowledge of family dynamics. This
  887  unique skill set allows these professionals to interact and
  888  engage with clients in meaningful and unique ways that are
  889  distinct from the ways in which the clients interact with
  890  attorneys or other professional staff involved with dependency
  891  matters. Additionally, social work professionals are skilled at
  892  quickly connecting families facing such crises to resources that
  893  can address the specific underlying challenges.
  894         (d) The Legislature finds that there is a great benefit to
  895  using parent-peer specialists in the dependency system, which
  896  allows parents who have successfully navigated the dependency
  897  system and have been successfully reunified with their children
  898  to be paired with parents whose children are currently involved
  899  in the dependency system. By working with someone who has
  900  personally lived the experience of overcoming great personal
  901  crisis, parents currently involved in the dependency system have
  902  a greater ability to address the underlying challenges that
  903  resulted in the instability and safety risk to the children,
  904  provide a safe and stable home environment, and be successfully
  905  reunified.
  906         (e) The Legislature further finds that current federal
  907  provisions authorize the reimbursement of half the cost of
  908  attorneys for parents and children in eligible cases, whereas
  909  such funds were formerly restricted to foster care
  910  administrative costs.
  911         (f) The Legislature finds it is necessary to encourage and
  912  facilitate the use of a multidisciplinary legal representation
  913  model for parents and their children in order to improve
  914  outcomes for those families involved in the dependency system
  915  and provide the families who find themselves in a crisis the
  916  best opportunity to be successful in creating safe and stable
  917  homes for their children.
  918         (2) ESTABLISHMENT.—Each office of criminal conflict and
  919  civil regional counsel established under s. 27.511 may establish
  920  a multidisciplinary legal representation model program to serve
  921  families who are in the dependency system. The department shall
  922  collaborate with the office of criminal conflict and civil
  923  regional counsel to implement a program and provide funding with
  924  available federal matching resources for such multidisciplinary
  925  legal representation model programs for eligible families
  926  involved in the dependency system.
  927         (3) PROGRAM REQUIREMENTS.—Any multidisciplinary legal
  928  representation model program established must, at a minimum:
  929         (a) Use a team that consists of a lawyer, a forensic social
  930  worker, and a parent-peer specialist. For purposes of this
  931  section, a “parent-peer specialist” means a person who has:
  932         1. Previously had his or her child involved in the
  933  dependency system and removed from his or her care to be placed
  934  in out-of-home care;
  935         2. Been successfully reunified with the child for more than
  936  2 years; and
  937         3. Received specialized training to become a parent-peer
  938  specialist.
  939         (b) Provide any necessary cost-sharing agreements to
  940  maximize financial resources and enable access to available
  941  federal Title IV-E matching funding.
  942         (c) Provide specialized training and support for attorneys,
  943  social workers, and parent-peer specialists involved in the
  944  model program.
  945         (d) Collect uniform data on each child whose parent is
  946  served by the program and ensure that reporting of data is
  947  conducted through the child’s unique FINS/fin identification
  948  number, if applicable.
  949         (e) Develop consistent operational program policies and
  950  procedures throughout each region that establishes the model
  951  program.
  952         (f) Obtain agreements with universities relating to
  953  approved placements for social work students to ensure the
  954  placement of social workers in the program.
  955         (g) Execute conflict of interest agreements with each team
  956  member.
  957         (4) REPORTING.—
  958         (a) Each regional office of the office of criminal conflict
  959  and civil regional counsel which establishes a multidisciplinary
  960  legal representation model program that meets the requirements
  961  of this section must provide an annual report to the Office of
  962  Program Policy Analysis and Government Accountability. The
  963  annual report must use the uniform data collected on each unique
  964  child whose parents are served by the program and must detail,
  965  at a minimum, all of the following:
  966         1. Reasons for the original involvement of the family in
  967  the dependency system.
  968         2. Length of time it takes to achieve a permanency goal for
  969  the children whose parents are served by the program.
  970         3. Frequency of each type of permanency goal achieved by
  971  parents that are served by the program.
  972         4. Rate of re-abuse or re-removal of children whose parents
  973  are served by the program.
  974         5. Any other relevant factors that tend to show the impact
  975  of the use of such multidisciplinary legal representation model
  976  programs on the outcomes for children in the dependency system,
  977  provided each region that has established such a program agrees
  978  to uniform additional factors and how to collect data on such
  979  additional factors in the annual report.
  980         (b) By October 1, 2022, and annually thereafter, the annual
  981  report from each regional counsel office must be submitted to
  982  the Office of Program Policy Analysis and Government
  983  Accountability, which shall compile the results of such reports
  984  and compare the reported outcomes from the multidisciplinary
  985  legal representation model program to known outcomes of children
  986  in the dependency system whose parents are not served by a
  987  multidisciplinary legal representation model program. By
  988  December 1, 2022, and annually thereafter, the Office of Program
  989  Policy Analysis and Government Accountability must submit a
  990  report to the Governor, the President of the Senate, and the
  991  Speaker of the House of Representatives.
  992         (5) RULEMAKING.—The office of criminal conflict and civil
  993  regional counsel may adopt rules to administer this section.
  994         Section 10. Section 409.1415, Florida Statutes, is amended
  995  to read:
  996         409.1415 Parenting partnerships for children in out-of-home
  997  care; resources.—
  998         (1) LEGISLATIVE FINDINGS AND INTENT.—
  999         (a) The Legislature finds that reunification is the most
 1000  common outcome for children in out-of-home care and that
 1001  caregivers are one of the most important resources to help
 1002  children reunify with their families.
 1003         (b) The Legislature further finds that the most successful
 1004  caregivers understand that their role goes beyond supporting the
 1005  children in their care to supporting the children’s families, as
 1006  a whole, and that children and their families benefit when
 1007  caregivers and birth or legal parents are supported by an agency
 1008  culture that encourages a meaningful partnership between them
 1009  and provides quality support.
 1010         (c) Therefore, in keeping with national trends, it is the
 1011  intent of the Legislature to bring caregivers and birth or legal
 1012  parents together in order to build strong relationships that
 1013  lead to more successful reunifications and more stability for
 1014  children being fostered in out-of-home care.
 1015         (2) PARENTING PARTNERSHIPS.—
 1016         (a) In order to ensure that children in out-of-home care
 1017  achieve legal permanency as soon as possible, to reduce the
 1018  likelihood that they will reenter care or that other children in
 1019  the family are abused or neglected or enter out-of-home care,
 1020  and to ensure that families are fully prepared to resume custody
 1021  of their children, the department and community-based care lead
 1022  agencies shall develop and support relationships between
 1023  caregivers and birth or legal parents of children in out-of-home
 1024  care, to the extent that it is safe and in the child’s best
 1025  interest, by:
 1026         1. Facilitating telephone communication between the
 1027  caregiver and the birth or legal parent as soon as possible
 1028  after the child is placed in the home of the caregiver.
 1029         2. Facilitating and attending an in-person meeting between
 1030  the caregiver and the birth or legal parent as soon as possible
 1031  after the child is placed in the home of the caregiver.
 1032         3. Developing and supporting a plan for the birth or legal
 1033  parent to participate in medical appointments, educational and
 1034  extracurricular activities, and other events involving the
 1035  child.
 1036         4. Facilitating participation by the caregiver in
 1037  visitation between the birth or legal parent and the child.
 1038         5. Involving the caregiver in planning meetings with the
 1039  birth or legal parent.
 1040         6. Developing and implementing effective transition plans
 1041  for the child’s return home or placement in any other living
 1042  environment.
 1043         7. Supporting continued contact between the caregiver and
 1044  the child after the child returns home or moves to another
 1045  permanent living arrangement.
 1046         (b) To ensure that a child in out-of-home care receives
 1047  support for healthy development which gives the child the best
 1048  possible opportunity for success, caregivers, birth or legal
 1049  parents, the department, and the community-based care lead
 1050  agency shall work cooperatively in a respectful partnership by
 1051  adhering to the following requirements:
 1052         1. All members of the partnership must interact and
 1053  communicate professionally with one another, must share all
 1054  relevant information promptly, and must respect the
 1055  confidentiality of all information related to the child and his
 1056  or her family.
 1057         2. The caregiver; the birth or legal parent; the child, if
 1058  appropriate; the department; and the community-based care lead
 1059  agency must participate in developing a case plan for the child
 1060  and the birth or legal parent. All members of the team must work
 1061  together to implement the case plan. The caregiver must have the
 1062  opportunity to participate in all team meetings or court
 1063  hearings related to the child’s care and future plans. The
 1064  department and community-based care lead agency must support and
 1065  facilitate caregiver participation through timely notification
 1066  of such meetings and hearings and provide alternative methods
 1067  for participation for a caregiver who cannot be physically
 1068  present at a meeting or hearing.
 1069         3. A caregiver must strive to provide, and the department
 1070  and community-based care lead agency must support, excellent
 1071  parenting, which includes:
 1072         a. A loving commitment to the child and the child’s safety
 1073  and well-being.
 1074         b. Appropriate supervision and positive methods of
 1075  discipline.
 1076         c. Encouragement of the child’s strengths.
 1077         d. Respect for the child’s individuality and likes and
 1078  dislikes.
 1079         e. Providing opportunities to develop the child’s interests
 1080  and skills.
 1081         f. Being aware of the impact of trauma on behavior.
 1082         g. Facilitating equal participation of the child in family
 1083  life.
 1084         h. Involving the child within his or her community.
 1085         i. A commitment to enable the child to lead a normal life.
 1086         4. A child in out-of-home care must be placed with a
 1087  caregiver who has the ability to care for the child, is willing
 1088  to accept responsibility for providing care, and is willing and
 1089  able to learn about and be respectful of the child’s culture,
 1090  religion, and ethnicity; special physical or psychological
 1091  needs; circumstances unique to the child; and family
 1092  relationships. The department, the community-based care lead
 1093  agency, and other agencies must provide a caregiver with all
 1094  available information necessary to assist the caregiver in
 1095  determining whether he or she is able to appropriately care for
 1096  a particular child.
 1097         5. A caregiver must have access to and take advantage of
 1098  all training that he or she needs to improve his or her skills
 1099  in parenting a child who has experienced trauma due to neglect,
 1100  abuse, or separation from home; to meet the child’s special
 1101  needs; and to work effectively with child welfare agencies, the
 1102  courts, the schools, and other community and governmental
 1103  agencies.
 1104         6. The department and community-based care lead agency must
 1105  provide a caregiver with the services and support they need to
 1106  enable them to provide quality care for the child pursuant to
 1107  subsection (3).
 1108         7. Once a caregiver accepts the responsibility of caring
 1109  for a child, the child may be removed from the home of the
 1110  caregiver only if:
 1111         a. The caregiver is clearly unable to safely or legally
 1112  care for the child;
 1113         b. The child and the birth or legal parent are reunified;
 1114         c. The child is being placed in a legally permanent home in
 1115  accordance with a case plan or court order; or
 1116         d. The removal is demonstrably in the best interests of the
 1117  child.
 1118         8. If a child must leave the caregiver’s home for one of
 1119  the reasons stated in subparagraph 7., and in the absence of an
 1120  unforeseeable emergency, the transition must be accomplished
 1121  according to a plan that involves cooperation and sharing of
 1122  information among all persons involved, respects the child’s
 1123  developmental stage and psychological needs, ensures the child
 1124  has all of his or her belongings, allows for a gradual
 1125  transition from the caregiver’s home, and, if possible, allows
 1126  for continued contact with the caregiver after the child leaves.
 1127         9. When the case plan for a child includes reunification,
 1128  the caregiver, the department, and the community-based care lead
 1129  agency must work together to assist the birth or legal parent in
 1130  improving his or her ability to care for and protect the child
 1131  and to provide continuity for the child.
 1132         10. A caregiver must respect and support the child’s ties
 1133  to his or her birth or legal family, including parents,
 1134  siblings, and extended family members, and must assist the child
 1135  in maintaining allowable visitation and other forms of
 1136  communication. The department and community-based care lead
 1137  agency must provide a caregiver with the information, guidance,
 1138  training, and support necessary for fulfilling this
 1139  responsibility.
 1140         11. A caregiver must work in partnership with the
 1141  department and community-based care lead agency to obtain and
 1142  maintain records that are important to the child’s well-being,
 1143  including, but not limited to, child resource records, medical
 1144  records, school records, photographs, and records of special
 1145  events and achievements.
 1146         12. A caregiver must advocate for a child in his or her
 1147  care with the child welfare system, the court, and community
 1148  agencies, including schools, child care providers, health and
 1149  mental health providers, and employers. The department and
 1150  community-based care lead agency must support a caregiver in
 1151  advocating for a child and may not retaliate against the
 1152  caregiver as a result of this advocacy.
 1153         13. A caregiver must be as fully involved in the child’s
 1154  medical, psychological, and dental care as he or she would be
 1155  for his or her biological child. The department and community
 1156  based care lead agency must support and facilitate such
 1157  participation. The caregiver, the department, and the community
 1158  based care lead agency must share information with each other
 1159  about the child’s health and well-being.
 1160         14. A caregiver must support a child’s school success,
 1161  including, when possible, maintaining school stability by
 1162  participating in school activities and meetings. The department
 1163  and community-based care lead agency must facilitate this
 1164  participation and be informed of the child’s progress and needs.
 1165         15. A caregiver must ensure that a child in his or her care
 1166  who is between 13 and 17 years of age learns and masters
 1167  independent living skills. The department shall make available
 1168  the training for caregivers developed in collaboration with the
 1169  Florida Foster and Adoptive Parent Association and the Quality
 1170  Parenting Initiative on the life skills necessary for children
 1171  in out-of-home care.
 1172         16. The case manager and case manager supervisor must
 1173  mediate disagreements that occur between a caregiver and the
 1174  birth or legal parent.
 1175         (c) An employee of a residential group home must meet the
 1176  background screening requirements under s. 39.0138 and the level
 1177  2 screening standards for screening under chapter 435. An
 1178  employee of a residential group home who works directly with a
 1179  child as a caregiver must meet, at a minimum, the same
 1180  education, training, background, and other screening
 1181  requirements as caregivers in family foster homes licensed as
 1182  level II under s. 409.175(5).
 1183         (3) RESOURCES AND SUPPORT FOR CAREGIVERS.—
 1184         (a) Foster parents.—The department shall establish the
 1185  Foster Information Center to connect current and former foster
 1186  parents, known as foster parent advocates, to prospective and
 1187  current foster parents in order to provide information and
 1188  services, including, but not limited to:
 1189         1. Navigating the application and approval process,
 1190  including timelines for each, preparing for transitioning from
 1191  approval for placement to accepting a child into the home, and
 1192  learning about and connecting with any available resources in
 1193  the prospective foster parent’s community.
 1194         2. Accessing available resources and services, including
 1195  those from the Florida Foster and Adoptive Parent Association,
 1196  for any current foster parents who need additional assistance.
 1197         3. Providing information specific to a foster parent’s
 1198  individual needs.
 1199         4. Providing immediate assistance when needed.
 1200         (b) Kinship caregivers.—
 1201         1. A community-based care lead agency shall provide a
 1202  caregiver with resources and supports that are available and
 1203  discuss whether the caregiver meets any eligibility criteria. If
 1204  the caregiver is unable to access resources and supports
 1205  beneficial to the well-being of the child, the community-based
 1206  care lead agency or case management agency must assist the
 1207  caregiver in initiating access to resources by:
 1208         a. Providing referrals to kinship navigation services.
 1209         b. Assisting with linkages to community resources and
 1210  completion of program applications.
 1211         c. Scheduling appointments.
 1212         d. Initiating contact with community service providers.
 1213         2. The community-based care lead agency shall provide each
 1214  caregiver with a telephone number to call during normal working
 1215  hours whenever immediate assistance is needed and the child’s
 1216  caseworker is unavailable. The telephone number must be staffed
 1217  and answered by individuals possessing the knowledge and
 1218  authority necessary to assist caregivers.
 1219         (4)(3) RULEMAKING.—The department shall adopt rules
 1220  necessary to administer this section.
 1221         Section 11. Section 409.1453, Florida Statutes, is
 1222  repealed.
 1223         Section 12. Section 409.1753, Florida Statutes, is
 1224  repealed.
 1225         Section 13. The Legislature recognizes that animal cruelty
 1226  of any kind is a type of interpersonal violence and often co
 1227  occurs with child abuse and other forms of family violence,
 1228  including elder abuse and domestic violence, and that early
 1229  identification of animal cruelty, including animal sexual abuse,
 1230  serves the purpose of providing an important tool to safeguard
 1231  children from abuse and neglect, to provide needed support to
 1232  families, and to protect animals.
 1233         Section 14. Section 827.071, Florida Statutes, is amended
 1234  to read:
 1235         827.071 Sexual performance by a child; penalties.—
 1236         (1) As used in this section, the following definitions
 1237  shall apply:
 1238         (a) “Deviate sexual intercourse” means sexual conduct
 1239  between persons not married to each other consisting of contact
 1240  between the penis and the anus, the mouth and the penis, or the
 1241  mouth and the vulva.
 1242         (b) “Intentionally view” means to deliberately,
 1243  purposefully, and voluntarily view. Proof of intentional viewing
 1244  requires establishing more than a single image, motion picture,
 1245  exhibition, show, image, data, computer depiction,
 1246  representation, or other presentation over any period of time.
 1247         (c) “Performance” means any play, motion picture,
 1248  photograph, or dance or any other visual representation
 1249  exhibited before an audience.
 1250         (d) “Promote” means to procure, manufacture, issue, sell,
 1251  give, provide, lend, mail, deliver, transfer, transmute,
 1252  publish, distribute, circulate, disseminate, present, exhibit,
 1253  or advertise or to offer or agree to do the same.
 1254         (e) “Sadomasochistic abuse” means flagellation or torture
 1255  by or upon a person, or the condition of being fettered, bound,
 1256  or otherwise physically restrained, for the purpose of deriving
 1257  sexual satisfaction from inflicting harm on another or receiving
 1258  such harm oneself.
 1259         (f) “Sexual battery” means oral, anal, or vaginal
 1260  penetration by, or union with, the sexual organ of another or
 1261  the anal or vaginal penetration of another by any other object;
 1262  however, “sexual battery” does not include an act done for a
 1263  bona fide medical purpose.
 1264         (g) “Sexual contact with an animal” has the same meaning as
 1265  in s. 828.126 when an adult encourages or forces such act to be
 1266  committed between a child and an animal bestiality” means any
 1267  sexual act between a person and an animal involving the sex
 1268  organ of the one and the mouth, anus, or vagina of the other.
 1269         (h) “Sexual conduct” means actual or simulated sexual
 1270  intercourse, deviate sexual intercourse, sexual contact with an
 1271  animal bestiality, masturbation, or sadomasochistic abuse;
 1272  actual lewd exhibition of the genitals; actual physical contact
 1273  with a person’s clothed or unclothed genitals, pubic area,
 1274  buttocks, or, if such person is a female, breast, with the
 1275  intent to arouse or gratify the sexual desire of either party;
 1276  or any act or conduct which constitutes sexual battery or
 1277  simulates that sexual battery is being or will be committed. A
 1278  mother’s breastfeeding of her baby does not under any
 1279  circumstance constitute “sexual conduct.”
 1280         (i) “Sexual performance” means any performance or part
 1281  thereof which includes sexual conduct by a child of less than 18
 1282  years of age.
 1283         (j) “Simulated” means the explicit depiction of conduct set
 1284  forth in paragraph (h) which creates the appearance of such
 1285  conduct and which exhibits any uncovered portion of the breasts,
 1286  genitals, or buttocks.
 1287         (2) A person is guilty of the use of a child in a sexual
 1288  performance if, knowing the character and content thereof, he or
 1289  she employs, authorizes, or induces a child less than 18 years
 1290  of age to engage in a sexual performance or, being a parent,
 1291  legal guardian, or custodian of such child, consents to the
 1292  participation by such child in a sexual performance. Whoever
 1293  violates this subsection is guilty of a felony of the second
 1294  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1295  775.084.
 1296         (3) A person is guilty of promoting a sexual performance by
 1297  a child when, knowing the character and content thereof, he or
 1298  she produces, directs, or promotes any performance which
 1299  includes sexual conduct by a child less than 18 years of age.
 1300  Whoever violates this subsection is guilty of a felony of the
 1301  second degree, punishable as provided in s. 775.082, s. 775.083,
 1302  or s. 775.084.
 1303         (4) It is unlawful for any person to possess with the
 1304  intent to promote any photograph, motion picture, exhibition,
 1305  show, representation, or other presentation which, in whole or
 1306  in part, includes any sexual conduct by a child. The possession
 1307  of three or more copies of such photograph, motion picture,
 1308  representation, or presentation is prima facie evidence of an
 1309  intent to promote. Whoever violates this subsection is guilty of
 1310  a felony of the second degree, punishable as provided in s.
 1311  775.082, s. 775.083, or s. 775.084.
 1312         (5)(a) It is unlawful for any person to knowingly possess,
 1313  control, or intentionally view a photograph, motion picture,
 1314  exhibition, show, representation, image, data, computer
 1315  depiction, or other presentation which, in whole or in part, he
 1316  or she knows to include any sexual conduct by a child. The
 1317  possession, control, or intentional viewing of each such
 1318  photograph, motion picture, exhibition, show, image, data,
 1319  computer depiction, representation, or presentation is a
 1320  separate offense. If such photograph, motion picture,
 1321  exhibition, show, representation, image, data, computer
 1322  depiction, or other presentation includes sexual conduct by more
 1323  than one child, then each such child in each such photograph,
 1324  motion picture, exhibition, show, representation, image, data,
 1325  computer depiction, or other presentation that is knowingly
 1326  possessed, controlled, or intentionally viewed is a separate
 1327  offense. A person who violates this subsection commits a felony
 1328  of the third degree, punishable as provided in s. 775.082, s.
 1329  775.083, or s. 775.084.
 1330         (b) This subsection does not apply to material possessed,
 1331  controlled, or intentionally viewed as part of a law enforcement
 1332  investigation.
 1333         (6) Prosecution of any person for an offense under this
 1334  section shall not prohibit prosecution of that person in this
 1335  state for a violation of any law of this state, including a law
 1336  providing for greater penalties than prescribed in this section
 1337  or any other crime punishing the sexual performance or the
 1338  sexual exploitation of children.
 1339         Section 15. Section 828.126, Florida Statutes, is amended
 1340  to read:
 1341         828.126 Sexual activities involving animals.—
 1342         (1) As used in this section, the term:
 1343         (a) “Animal husbandry” includes the day-to-day care of,
 1344  selective breeding of, and the raising of livestock that is
 1345  commonly defined as domesticated animals or animals raised for
 1346  agricultural purposes and that is located on land used for bona
 1347  fide agricultural purposes as defined in s. 193.461(3)(b)
 1348  “Sexual conduct” means any touching or fondling by a person,
 1349  either directly or through clothing, of the sex organs or anus
 1350  of an animal or any transfer or transmission of semen by the
 1351  person upon any part of the animal for the purpose of sexual
 1352  gratification or arousal of the person.
 1353         (b) “Sexual contact with an animal” means any act committed
 1354  between a person and an animal for the purpose of sexual
 1355  gratification, abuse, or financial gain which involves:
 1356         1. Contact between the sex organ or anus of one and the
 1357  mouth, sex organ, or anus of the other;
 1358         2. The fondling of the sex organ or anus of an animal; or
 1359         3. The insertion, however slight, of any part of the body
 1360  of a person or any object into the vaginal or anal opening of an
 1361  animal, or the insertion of any part of the body of an animal
 1362  into the vaginal or anal opening of a person contact, however
 1363  slight, between the mouth, sex organ, or anus of a person and
 1364  the sex organ or anus of an animal, or any penetration, however
 1365  slight, of any part of the body of the person into the sex organ
 1366  or anus of an animal, or any penetration of the sex organ or
 1367  anus of the person into the mouth of the animal, for the purpose
 1368  of sexual gratification or sexual arousal of the person.
 1369         (2) A person may not:
 1370         (a) Knowingly engage in any sexual conduct or sexual
 1371  contact with an animal;
 1372         (b) Knowingly cause, aid, or abet another person to engage
 1373  in any sexual conduct or sexual contact with an animal;
 1374         (c) Knowingly permit any sexual conduct or sexual contact
 1375  with an animal to be conducted on any premises under his or her
 1376  charge or control; or
 1377         (d) Knowingly organize, promote, conduct, advertise, aid,
 1378  abet, participate in as an observer, or advertise, offer,
 1379  solicit, or accept an offer of an animal for the purpose of
 1380  sexual contact with such animal, or perform any service in the
 1381  furtherance of an act involving any sexual conduct or sexual
 1382  contact with an animal for a commercial or recreational purpose.
 1383         (e)Knowingly film, distribute, or possess pornographic
 1384  images of a person and an animal engaged in any of the
 1385  activities prohibited by this section.
 1386         (3) A person who violates this section commits a felony of
 1387  the third misdemeanor of the first degree, punishable as
 1388  provided in s. 775.082, or s. 775.083, or s. 775.084.
 1389         (4)In addition to other penalties prescribed by law, the
 1390  court shall issue an order prohibiting a person convicted under
 1391  this section from harboring, owning, possessing, or exercising
 1392  control over any animal; from residing in any household where
 1393  animals are present; and from engaging in an occupation, whether
 1394  paid or unpaid, or participating in a volunteer position at any
 1395  establishment where animals are present. The order may be
 1396  effective for up to 5 years from the date of the conviction
 1397  regardless of whether adjudication is withheld.
 1398         (5)(4) This section does not apply to accepted animal
 1399  husbandry practices, accepted conformation judging practices, or
 1400  accepted veterinary medical practices, or artificial
 1401  insemination of an animal for reproductive purposes.
 1402         Section 16. Paragraph (a) of subsection (4) of section
 1403  828.27, Florida Statutes, is amended to read:
 1404         828.27 Local animal control or cruelty ordinances;
 1405  penalty.—
 1406         (4)(a)1. County-employed animal control officers must, and
 1407  municipally employed animal control officers may, successfully
 1408  complete a 40-hour minimum standards training course. Such
 1409  course must include, but is not limited to, training for: animal
 1410  cruelty investigations, search and seizure, animal handling,
 1411  courtroom demeanor, and civil citations. The course curriculum
 1412  must be approved by the Florida Animal Control Association. An
 1413  animal control officer who successfully completes such course
 1414  shall be issued a certificate indicating that he or she has
 1415  received a passing grade.
 1416         2.County-employed and municipally employed animal control
 1417  officers must successfully complete the 1-hour training course
 1418  developed by the Department of Children and Families and the
 1419  Florida Animal Control Association pursuant to s. 39.208(5).
 1420  Animal control officers must be provided with opportunities to
 1421  attend the training during their normal work hours.
 1422         3.2. Any animal control officer who is authorized before
 1423  January 1, 1990, by a county or municipality to issue citations
 1424  is not required to complete the minimum standards training
 1425  course.
 1426         4.3. In order to maintain valid certification, every 2
 1427  years each certified animal control officer must complete 4
 1428  hours of postcertification continuing education training. Such
 1429  training may include, but is not limited to, training for:
 1430  animal cruelty investigations, search and seizure, animal
 1431  handling, courtroom demeanor, and civil citations.
 1432         Section 17. Paragraph (f) of subsection (3) of section
 1433  921.0022, Florida Statutes, is amended to read:
 1434         921.0022 Criminal Punishment Code; offense severity ranking
 1435  chart.—
 1436         (3) OFFENSE SEVERITY RANKING CHART
 1437         (f) LEVEL 6
 1438  
 1439  FloridaStatute              FelonyDegree        Description        
 1440  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1441  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1442  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
 1443  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
 1444  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1445  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1446  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1447  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1448  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1449  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1450  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1451  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1452  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1453  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1454  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1455  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1456  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1457  784.083(2)                       2nd     Aggravated assault on code inspector.
 1458  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1459  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1460  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1461  790.164(1)                       2nd     False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
 1462  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1463  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1464  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1465  800.04(5)(d)                     3rd     Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
 1466  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1467  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1468  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1469  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1470  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1471  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1472  812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
 1473  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
 1474  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1475  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1476  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 1477  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1478  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1479  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1480  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1481  827.03(2)(c)                     3rd     Abuse of a child.         
 1482  827.03(2)(d)                     3rd     Neglect of a child.       
 1483  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1484  828.126                          3rd     Sexual activities involving animals.
 1485  836.05                           2nd     Threats; extortion.       
 1486  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
 1487  843.12                           3rd     Aids or assists person to escape.
 1488  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1489  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1490  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1491  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1492  944.35(3)(a)2.                   3rd     Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
 1493  944.40                           2nd     Escapes.                  
 1494  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1495  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1496  951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
 1497         Section 18. Paragraph (c) is added to subsection (6) of
 1498  1012.795, Florida Statutes, to read:
 1499         1012.795 Education Practices Commission; authority to
 1500  discipline.—
 1501         (6)
 1502         (c)If the Department of Education determines that any
 1503  instructional personnel or school administrator, as defined in
 1504  s. 1012.01(2) or (3), respectively, has knowingly failed to
 1505  report known or suspected child abuse as required pursuant to s.
 1506  39.201, and the Education Practices Commission has issued a
 1507  final order for a previous instance of failure to report by the
 1508  individual, the Education Practices Commission shall, at a
 1509  minimum, suspend the educator certificate of the instructional
 1510  personnel or school administrator for a period of not less than
 1511  1 year.
 1512         Section 19. Subsection (6) of section 39.301, Florida
 1513  Statutes, is amended to read:
 1514         39.301 Initiation of protective investigations.—
 1515         (6) Upon commencing an investigation under this part, if a
 1516  report was received from a reporter under s. 39.201(1)(a)2. s.
 1517  39.201(1)(b), the protective investigator must provide his or
 1518  her contact information to the reporter within 24 hours after
 1519  being assigned to the investigation. The investigator must also
 1520  advise the reporter that he or she may provide a written summary
 1521  of the report made to the central abuse hotline to the
 1522  investigator which shall become a part of the electronic child
 1523  welfare case file.
 1524         Section 20. Paragraph (d) of subsection (4) of section
 1525  119.071, Florida Statutes, is amended to read:
 1526         119.071 General exemptions from inspection or copying of
 1527  public records.—
 1528         (4) AGENCY PERSONNEL INFORMATION.—
 1529         (d)1. For purposes of this paragraph, the term:
 1530         a. “Home addresses” means the dwelling location at which an
 1531  individual resides and includes the physical address, mailing
 1532  address, street address, parcel identification number, plot
 1533  identification number, legal property description, neighborhood
 1534  name and lot number, GPS coordinates, and any other descriptive
 1535  property information that may reveal the home address.
 1536         b. “Telephone numbers” includes home telephone numbers,
 1537  personal cellular telephone numbers, personal pager telephone
 1538  numbers, and telephone numbers associated with personal
 1539  communications devices.
 1540         2.a. The home addresses, telephone numbers, dates of birth,
 1541  and photographs of active or former sworn law enforcement
 1542  personnel or of active or former civilian personnel employed by
 1543  a law enforcement agency, including correctional and
 1544  correctional probation officers, personnel of the Department of
 1545  Children and Families whose duties include the investigation of
 1546  abuse, neglect, exploitation, fraud, theft, or other criminal
 1547  activities, personnel of the Department of Health whose duties
 1548  are to support the investigation of child abuse or neglect, and
 1549  personnel of the Department of Revenue or local governments
 1550  whose responsibilities include revenue collection and
 1551  enforcement or child support enforcement; the names, home
 1552  addresses, telephone numbers, photographs, dates of birth, and
 1553  places of employment of the spouses and children of such
 1554  personnel; and the names and locations of schools and day care
 1555  facilities attended by the children of such personnel are exempt
 1556  from s. 119.07(1) and s. 24(a), Art. I of the State
 1557  Constitution.
 1558         b. The home addresses, telephone numbers, dates of birth,
 1559  and photographs of current or former nonsworn investigative
 1560  personnel of the Department of Financial Services whose duties
 1561  include the investigation of fraud, theft, workers’ compensation
 1562  coverage requirements and compliance, other related criminal
 1563  activities, or state regulatory requirement violations; the
 1564  names, home addresses, telephone numbers, dates of birth, and
 1565  places of employment of the spouses and children of such
 1566  personnel; and the names and locations of schools and day care
 1567  facilities attended by the children of such personnel are exempt
 1568  from s. 119.07(1) and s. 24(a), Art. I of the State
 1569  Constitution.
 1570         c. The home addresses, telephone numbers, dates of birth,
 1571  and photographs of current or former nonsworn investigative
 1572  personnel of the Office of Financial Regulation’s Bureau of
 1573  Financial Investigations whose duties include the investigation
 1574  of fraud, theft, other related criminal activities, or state
 1575  regulatory requirement violations; the names, home addresses,
 1576  telephone numbers, dates of birth, and places of employment of
 1577  the spouses and children of such personnel; and the names and
 1578  locations of schools and day care facilities attended by the
 1579  children of such personnel are exempt from s. 119.07(1) and s.
 1580  24(a), Art. I of the State Constitution.
 1581         d. The home addresses, telephone numbers, dates of birth,
 1582  and photographs of current or former firefighters certified in
 1583  compliance with s. 633.408; the names, home addresses, telephone
 1584  numbers, photographs, dates of birth, and places of employment
 1585  of the spouses and children of such firefighters; and the names
 1586  and locations of schools and day care facilities attended by the
 1587  children of such firefighters are exempt from s. 119.07(1) and
 1588  s. 24(a), Art. I of the State Constitution.
 1589         e. The home addresses, dates of birth, and telephone
 1590  numbers of current or former justices of the Supreme Court,
 1591  district court of appeal judges, circuit court judges, and
 1592  county court judges; the names, home addresses, telephone
 1593  numbers, dates of birth, and places of employment of the spouses
 1594  and children of current or former justices and judges; and the
 1595  names and locations of schools and day care facilities attended
 1596  by the children of current or former justices and judges are
 1597  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1598  Constitution.
 1599         f. The home addresses, telephone numbers, dates of birth,
 1600  and photographs of current or former state attorneys, assistant
 1601  state attorneys, statewide prosecutors, or assistant statewide
 1602  prosecutors; the names, home addresses, telephone numbers,
 1603  photographs, dates of birth, and places of employment of the
 1604  spouses and children of current or former state attorneys,
 1605  assistant state attorneys, statewide prosecutors, or assistant
 1606  statewide prosecutors; and the names and locations of schools
 1607  and day care facilities attended by the children of current or
 1608  former state attorneys, assistant state attorneys, statewide
 1609  prosecutors, or assistant statewide prosecutors are exempt from
 1610  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 1611         g. The home addresses, dates of birth, and telephone
 1612  numbers of general magistrates, special magistrates, judges of
 1613  compensation claims, administrative law judges of the Division
 1614  of Administrative Hearings, and child support enforcement
 1615  hearing officers; the names, home addresses, telephone numbers,
 1616  dates of birth, and places of employment of the spouses and
 1617  children of general magistrates, special magistrates, judges of
 1618  compensation claims, administrative law judges of the Division
 1619  of Administrative Hearings, and child support enforcement
 1620  hearing officers; and the names and locations of schools and day
 1621  care facilities attended by the children of general magistrates,
 1622  special magistrates, judges of compensation claims,
 1623  administrative law judges of the Division of Administrative
 1624  Hearings, and child support enforcement hearing officers are
 1625  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1626  Constitution.
 1627         h. The home addresses, telephone numbers, dates of birth,
 1628  and photographs of current or former human resource, labor
 1629  relations, or employee relations directors, assistant directors,
 1630  managers, or assistant managers of any local government agency
 1631  or water management district whose duties include hiring and
 1632  firing employees, labor contract negotiation, administration, or
 1633  other personnel-related duties; the names, home addresses,
 1634  telephone numbers, dates of birth, and places of employment of
 1635  the spouses and children of such personnel; and the names and
 1636  locations of schools and day care facilities attended by the
 1637  children of such personnel are exempt from s. 119.07(1) and s.
 1638  24(a), Art. I of the State Constitution.
 1639         i. The home addresses, telephone numbers, dates of birth,
 1640  and photographs of current or former code enforcement officers;
 1641  the names, home addresses, telephone numbers, dates of birth,
 1642  and places of employment of the spouses and children of such
 1643  personnel; and the names and locations of schools and day care
 1644  facilities attended by the children of such personnel are exempt
 1645  from s. 119.07(1) and s. 24(a), Art. I of the State
 1646  Constitution.
 1647         j. The home addresses, telephone numbers, places of
 1648  employment, dates of birth, and photographs of current or former
 1649  guardians ad litem, as defined in s. 39.820; the names, home
 1650  addresses, telephone numbers, dates of birth, and places of
 1651  employment of the spouses and children of such persons; and the
 1652  names and locations of schools and day care facilities attended
 1653  by the children of such persons are exempt from s. 119.07(1) and
 1654  s. 24(a), Art. I of the State Constitution.
 1655         k. The home addresses, telephone numbers, dates of birth,
 1656  and photographs of current or former juvenile probation
 1657  officers, juvenile probation supervisors, detention
 1658  superintendents, assistant detention superintendents, juvenile
 1659  justice detention officers I and II, juvenile justice detention
 1660  officer supervisors, juvenile justice residential officers,
 1661  juvenile justice residential officer supervisors I and II,
 1662  juvenile justice counselors, juvenile justice counselor
 1663  supervisors, human services counselor administrators, senior
 1664  human services counselor administrators, rehabilitation
 1665  therapists, and social services counselors of the Department of
 1666  Juvenile Justice; the names, home addresses, telephone numbers,
 1667  dates of birth, and places of employment of spouses and children
 1668  of such personnel; and the names and locations of schools and
 1669  day care facilities attended by the children of such personnel
 1670  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1671  Constitution.
 1672         l. The home addresses, telephone numbers, dates of birth,
 1673  and photographs of current or former public defenders, assistant
 1674  public defenders, criminal conflict and civil regional counsel,
 1675  and assistant criminal conflict and civil regional counsel; the
 1676  names, home addresses, telephone numbers, dates of birth, and
 1677  places of employment of the spouses and children of current or
 1678  former public defenders, assistant public defenders, criminal
 1679  conflict and civil regional counsel, and assistant criminal
 1680  conflict and civil regional counsel; and the names and locations
 1681  of schools and day care facilities attended by the children of
 1682  current or former public defenders, assistant public defenders,
 1683  criminal conflict and civil regional counsel, and assistant
 1684  criminal conflict and civil regional counsel are exempt from s.
 1685  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1686         m. The home addresses, telephone numbers, dates of birth,
 1687  and photographs of current or former investigators or inspectors
 1688  of the Department of Business and Professional Regulation; the
 1689  names, home addresses, telephone numbers, dates of birth, and
 1690  places of employment of the spouses and children of such current
 1691  or former investigators and inspectors; and the names and
 1692  locations of schools and day care facilities attended by the
 1693  children of such current or former investigators and inspectors
 1694  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1695  Constitution.
 1696         n. The home addresses, telephone numbers, and dates of
 1697  birth of county tax collectors; the names, home addresses,
 1698  telephone numbers, dates of birth, and places of employment of
 1699  the spouses and children of such tax collectors; and the names
 1700  and locations of schools and day care facilities attended by the
 1701  children of such tax collectors are exempt from s. 119.07(1) and
 1702  s. 24(a), Art. I of the State Constitution.
 1703         o. The home addresses, telephone numbers, dates of birth,
 1704  and photographs of current or former personnel of the Department
 1705  of Health whose duties include, or result in, the determination
 1706  or adjudication of eligibility for social security disability
 1707  benefits, the investigation or prosecution of complaints filed
 1708  against health care practitioners, or the inspection of health
 1709  care practitioners or health care facilities licensed by the
 1710  Department of Health; the names, home addresses, telephone
 1711  numbers, dates of birth, and places of employment of the spouses
 1712  and children of such personnel; and the names and locations of
 1713  schools and day care facilities attended by the children of such
 1714  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
 1715  the State Constitution.
 1716         p. The home addresses, telephone numbers, dates of birth,
 1717  and photographs of current or former impaired practitioner
 1718  consultants who are retained by an agency or current or former
 1719  employees of an impaired practitioner consultant whose duties
 1720  result in a determination of a person’s skill and safety to
 1721  practice a licensed profession; the names, home addresses,
 1722  telephone numbers, dates of birth, and places of employment of
 1723  the spouses and children of such consultants or their employees;
 1724  and the names and locations of schools and day care facilities
 1725  attended by the children of such consultants or employees are
 1726  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1727  Constitution.
 1728         q. The home addresses, telephone numbers, dates of birth,
 1729  and photographs of current or former emergency medical
 1730  technicians or paramedics certified under chapter 401; the
 1731  names, home addresses, telephone numbers, dates of birth, and
 1732  places of employment of the spouses and children of such
 1733  emergency medical technicians or paramedics; and the names and
 1734  locations of schools and day care facilities attended by the
 1735  children of such emergency medical technicians or paramedics are
 1736  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1737  Constitution.
 1738         r. The home addresses, telephone numbers, dates of birth,
 1739  and photographs of current or former personnel employed in an
 1740  agency’s office of inspector general or internal audit
 1741  department whose duties include auditing or investigating waste,
 1742  fraud, abuse, theft, exploitation, or other activities that
 1743  could lead to criminal prosecution or administrative discipline;
 1744  the names, home addresses, telephone numbers, dates of birth,
 1745  and places of employment of spouses and children of such
 1746  personnel; and the names and locations of schools and day care
 1747  facilities attended by the children of such personnel are exempt
 1748  from s. 119.07(1) and s. 24(a), Art. I of the State
 1749  Constitution.
 1750         s. The home addresses, telephone numbers, dates of birth,
 1751  and photographs of current or former directors, managers,
 1752  supervisors, nurses, and clinical employees of an addiction
 1753  treatment facility; the home addresses, telephone numbers,
 1754  photographs, dates of birth, and places of employment of the
 1755  spouses and children of such personnel; and the names and
 1756  locations of schools and day care facilities attended by the
 1757  children of such personnel are exempt from s. 119.07(1) and s.
 1758  24(a), Art. I of the State Constitution. For purposes of this
 1759  sub-subparagraph, the term “addiction treatment facility” means
 1760  a county government, or agency thereof, that is licensed
 1761  pursuant to s. 397.401 and provides substance abuse prevention,
 1762  intervention, or clinical treatment, including any licensed
 1763  service component described in s. 397.311(26).
 1764         t. The home addresses, telephone numbers, dates of birth,
 1765  and photographs of current or former directors, managers,
 1766  supervisors, and clinical employees of a child advocacy center
 1767  that meets the standards of s. 39.3035(2) s. 39.3035(1) and
 1768  fulfills the screening requirement of s. 39.3035(3) s.
 1769  39.3035(2), and the members of a Child Protection Team as
 1770  described in s. 39.303 whose duties include supporting the
 1771  investigation of child abuse or sexual abuse, child abandonment,
 1772  child neglect, and child exploitation or to provide services as
 1773  part of a multidisciplinary case review team; the names, home
 1774  addresses, telephone numbers, photographs, dates of birth, and
 1775  places of employment of the spouses and children of such
 1776  personnel and members; and the names and locations of schools
 1777  and day care facilities attended by the children of such
 1778  personnel and members are exempt from s. 119.07(1) and s. 24(a),
 1779  Art. I of the State Constitution.
 1780         3. An agency that is the custodian of the information
 1781  specified in subparagraph 2. and that is not the employer of the
 1782  officer, employee, justice, judge, or other person specified in
 1783  subparagraph 2. shall maintain the exempt status of that
 1784  information only if the officer, employee, justice, judge, other
 1785  person, or employing agency of the designated employee submits a
 1786  written request for maintenance of the exemption to the
 1787  custodial agency.
 1788         4. An officer, an employee, a justice, a judge, or other
 1789  person specified in subparagraph 2. may submit a written request
 1790  for the release of his or her exempt information to the
 1791  custodial agency. The written request must be notarized and must
 1792  specify the information to be released and the party that is
 1793  authorized to receive the information. Upon receipt of the
 1794  written request, the custodial agency shall release the
 1795  specified information to the party authorized to receive such
 1796  information.
 1797         5. The exemptions in this paragraph apply to information
 1798  held by an agency before, on, or after the effective date of the
 1799  exemption.
 1800         6. This paragraph is subject to the Open Government Sunset
 1801  Review Act in accordance with s. 119.15 and shall stand repealed
 1802  on October 2, 2024, unless reviewed and saved from repeal
 1803  through reenactment by the Legislature.
 1804         Section 21. Subsection (4) of section 322.09, Florida
 1805  Statutes, is amended to read:
 1806         322.09 Application of minors; responsibility for negligence
 1807  or misconduct of minor.—
 1808         (4) Notwithstanding subsections (1) and (2), if a caregiver
 1809  of a minor who is under the age of 18 years and is in out-of
 1810  home care as defined in s. 39.01 s. 39.01(55), an authorized
 1811  representative of a residential group home at which such a minor
 1812  resides, the caseworker at the agency at which the state has
 1813  placed the minor, or a guardian ad litem specifically authorized
 1814  by the minor’s caregiver to sign for a learner’s driver license
 1815  signs the minor’s application for a learner’s driver license,
 1816  that caregiver, group home representative, caseworker, or
 1817  guardian ad litem does not assume any obligation or become
 1818  liable for any damages caused by the negligence or willful
 1819  misconduct of the minor by reason of having signed the
 1820  application. Before signing the application, the caseworker,
 1821  authorized group home representative, or guardian ad litem shall
 1822  notify the caregiver or other responsible party of his or her
 1823  intent to sign and verify the application.
 1824         Section 22. Paragraph (g) of subsection (2) of section
 1825  934.03, Florida Statutes, is amended to read:
 1826         934.03 Interception and disclosure of wire, oral, or
 1827  electronic communications prohibited.—
 1828         (2)
 1829         (g) It is lawful under this section and ss. 934.04-934.09
 1830  for an employee of:
 1831         1. An ambulance service licensed pursuant to s. 401.25, a
 1832  fire station employing firefighters as defined by s. 633.102, a
 1833  public utility, a law enforcement agency as defined by s.
 1834  934.02(10), or any other entity with published emergency
 1835  telephone numbers;
 1836         2. An agency operating an emergency telephone number “911”
 1837  system established pursuant to s. 365.171; or
 1838         3. The central abuse hotline operated pursuant to s. 39.101
 1839  s. 39.201
 1840  
 1841  to intercept and record incoming wire communications; however,
 1842  such employee may intercept and record incoming wire
 1843  communications on designated “911” telephone numbers and
 1844  published nonemergency telephone numbers staffed by trained
 1845  dispatchers at public safety answering points only. It is also
 1846  lawful for such employee to intercept and record outgoing wire
 1847  communications to the numbers from which such incoming wire
 1848  communications were placed when necessary to obtain information
 1849  required to provide the emergency services being requested. For
 1850  the purpose of this paragraph, the term “public utility” has the
 1851  same meaning as provided in s. 366.02 and includes a person,
 1852  partnership, association, or corporation now or hereafter owning
 1853  or operating equipment or facilities in the state for conveying
 1854  or transmitting messages or communications by telephone or
 1855  telegraph to the public for compensation.
 1856         Section 23. This act shall take effect October 1, 2021.