Florida Senate - 2024                                     SB 450
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00518-24                                             2024450__
    1                        A bill to be entitled                      
    2         An act relating to sheltering or aiding unmarried
    3         minors; amending ss. 984.085 and 985.731, F.S.;
    4         creating a presumption of knowledge upon proof that an
    5         unmarried minor has not attained 18 years of age for
    6         the purpose of unlawfully sheltering or aiding
    7         unmarried minors; providing a defense to unlawfully
    8         sheltering or aiding unmarried minors; increasing
    9         criminal penalties for unlawfully sheltering or aiding
   10         unmarried minors; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 984.085, Florida Statutes, is amended to
   15  read:
   16         984.085 Sheltering unmarried minors; aiding unmarried minor
   17  runaways; presumption; defense; penalty violations.—
   18         (1)(a) A person who is not an authorized agent of the
   19  Department of Juvenile Justice or the Department of Children and
   20  Families may not knowingly shelter an unmarried minor for more
   21  than 24 hours without the consent of the minor’s parent or
   22  guardian or without notifying a law enforcement officer of the
   23  minor’s name and the fact that the minor is being provided
   24  shelter.
   25         (b) A person may not knowingly provide aid to an unmarried
   26  minor who has run away from home without first contacting the
   27  minor’s parent or guardian or notifying a law enforcement
   28  officer. The aid prohibited under this paragraph includes
   29  assisting the minor in obtaining shelter, such as hotel
   30  lodgings.
   31         (c) Proof that an unmarried minor has not attained 18 years
   32  of age creates a presumption that the person knew the minor’s
   33  age or acted in reckless disregard thereof.
   34         (2) It is a defense to a violation under this section that
   35  the defendant had reasonable cause to believe that his or her
   36  action was necessary to preserve the minor from danger to his or
   37  her welfare.
   38         (3) A person who violates this section commits a felony of
   39  the third misdemeanor of the first degree, punishable as
   40  provided in s. 775.082, or s. 775.083, or s. 775.084.
   41         Section 2. Section 985.731, Florida Statutes, is amended to
   42  read:
   43         985.731 Sheltering unmarried minors; aiding unmarried minor
   44  runaways; presumption; defense; penalty violations.—
   45         (1)(a) A person who is not an authorized agent of the
   46  department or the Department of Children and Families may not
   47  knowingly shelter an unmarried minor for more than 24 hours
   48  without the consent of the minor’s parent or guardian or without
   49  notifying a law enforcement officer of the minor’s name and the
   50  fact that the minor is being provided shelter.
   51         (b) A person may not knowingly provide aid to an unmarried
   52  minor who has run away from home without first contacting the
   53  minor’s parent or guardian or notifying a law enforcement
   54  officer. The aid prohibited under this paragraph includes
   55  assisting the minor in obtaining shelter, such as hotel
   56  lodgings.
   57         (c) Proof that an unmarried minor has not attained 18 years
   58  of age creates a presumption that the person knew the minor’s
   59  age or acted in reckless disregard thereof.
   60         (2) It is a defense to a violation under this section that
   61  the defendant had reasonable cause to believe that his or her
   62  action was necessary to preserve the minor from danger to his or
   63  her welfare.
   64         (3) A person who violates this section commits a felony of
   65  the third misdemeanor of the first degree, punishable as
   66  provided in s. 775.082, or s. 775.083, or s. 775.084.
   67         Section 3. This act shall take effect October 1, 2024.