Florida Senate - 2025                                     SB 276
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00098-25                                             2025276__
    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; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 984.085, Florida Statutes, is amended to
   14  read:
   15         984.085 Sheltering unmarried minors; aiding unmarried minor
   16  runaways; presumption; defense; penalty violations.—
   17         (1)(a) A person who is not an authorized agent of the
   18  Department of Juvenile Justice or the Department of Children and
   19  Families may not knowingly shelter an unmarried minor for more
   20  than 24 hours without the consent of the minor’s parent or
   21  guardian or without notifying a law enforcement officer of the
   22  minor’s name and the fact that the minor is being provided
   23  shelter.
   24         (b) A person may not knowingly provide aid to an unmarried
   25  minor who has run away from home without first contacting the
   26  minor’s parent or guardian or notifying a law enforcement
   27  officer. The aid prohibited under this paragraph includes
   28  assisting the minor in obtaining shelter, such as hotel
   29  lodgings.
   30         (c) Proof that an unmarried minor has not attained 18 years
   31  of age creates a presumption that the person knew the minor’s
   32  age or acted in reckless disregard thereof.
   33         (2) It is a defense to a violation under this section that
   34  the defendant had reasonable cause to believe that his or her
   35  action was necessary to preserve the minor from danger to his or
   36  her welfare.
   37         (3) A person who violates this section commits a felony of
   38  the third misdemeanor of the first degree, punishable as
   39  provided in s. 775.082, or s. 775.083, or s. 775.084.
   40         Section 2. Section 985.731, Florida Statutes, is amended to
   41  read:
   42         985.731 Sheltering unmarried minors; aiding unmarried minor
   43  runaways; presumption; defense; penalty violations.—
   44         (1)(a) A person who is not an authorized agent of the
   45  department or the Department of Children and Families may not
   46  knowingly shelter an unmarried minor for more than 24 hours
   47  without the consent of the minor’s parent or guardian or without
   48  notifying a law enforcement officer of the minor’s name and the
   49  fact that the minor is being provided shelter.
   50         (b) A person may not knowingly provide aid to an unmarried
   51  minor who has run away from home without first contacting the
   52  minor’s parent or guardian or notifying a law enforcement
   53  officer. The aid prohibited under this paragraph includes
   54  assisting the minor in obtaining shelter, such as hotel
   55  lodgings.
   56         (c) Proof that an unmarried minor has not attained 18 years
   57  of age creates a presumption that the person knew the minor’s
   58  age or acted in reckless disregard thereof.
   59         (2) It is a defense to a violation under this section that
   60  the defendant had reasonable cause to believe that his or her
   61  action was necessary to preserve the minor from danger to his or
   62  her welfare.
   63         (3) A person who violates this section commits a felony of
   64  the third misdemeanor of the first degree, punishable as
   65  provided in s. 775.082, or s. 775.083, or s. 775.084.
   66         Section 3. This act shall take effect October 1, 2025.