Florida Senate - 2025                                     SB 304
       
       
        
       By Senator Sharief
       
       
       
       
       
       35-00685A-25                                           2025304__
    1                        A bill to be entitled                      
    2         An act relating to child abuse investigations;
    3         providing a short title; amending s. 39.301, F.S.;
    4         requiring child protective investigators to inform
    5         subjects of their investigations of the right to
    6         request specified examinations of the alleged victim;
    7         amending s. 39.304, F.S.; authorizing an alleged
    8         perpetrator of child abuse to request specified
    9         examinations of the alleged victim under certain
   10         circumstances; providing that the alleged perpetrator
   11         is responsible for paying for such examinations;
   12         prohibiting the request for or use of such
   13         examinations to obtain a second opinion on whether an
   14         alleged victim has been sexually abused; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as “Patterson’s Law.”
   20         Section 2. Paragraph (a) of subsection (5) of section
   21  39.301, Florida Statutes, is amended to read:
   22         39.301 Initiation of protective investigations.—
   23         (5)(a) Upon commencing an investigation under this part,
   24  the child protective investigator shall inform any subject of
   25  the investigation of the following:
   26         1. The names of the investigators and identifying
   27  credentials from the department.
   28         2. The purpose of the investigation.
   29         3. The right to obtain his or her own attorney and ways
   30  that the information provided by the subject may be used.
   31         4. The possible outcomes and services of the department’s
   32  response.
   33         5. The right of the parent or legal custodian to be engaged
   34  to the fullest extent possible in determining the nature of the
   35  allegation and the nature of any identified problem and the
   36  remedy.
   37         6. The duty of the parent or legal custodian to report any
   38  change in the residence or location of the child to the
   39  investigator and that the duty to report continues until the
   40  investigation is closed.
   41         7. The right of the subject to request examinations of the
   42  alleged victim as specified in s. 39.304(1)(c).
   43         Section 3. Paragraph (c) is added to subsection (1) of
   44  section 39.304, Florida Statutes, to read:
   45         39.304 Photographs, medical examinations, X rays, and
   46  medical treatment of abused, abandoned, or neglected child.—
   47         (1)
   48         (c) If an examination is performed on the child under
   49  paragraph (b), the alleged perpetrator may:
   50         1. For the purpose of obtaining a second opinion, request
   51  that the alleged victim be examined by a licensed physician or
   52  advanced practice registered nurse who did not perform the
   53  initial examination and who routinely provides medical care to
   54  pediatric patients; and
   55         2. For the purpose of ruling out a differential diagnosis,
   56  request that the alleged victim be examined by a licensed
   57  physician or an advanced practice registered nurse who routinely
   58  provides medical care to pediatric patients to determine whether
   59  the alleged victim has one or more of the following medical
   60  conditions:
   61         a. Rickets.
   62         b. Ehlers-Danlos syndromes.
   63         c. Osteogenesis imperfecta, also known as brittle bone
   64  disease.
   65         d. Vitamin D deficiency.
   66         e. Any other medical condition known to appear to be caused
   67  by suspected abuse or to increase the risk of a misdiagnosis of
   68  abuse.
   69  
   70  Examinations requested under this paragraph are to be paid for
   71  by the alleged perpetrator or as otherwise covered by insurance
   72  or Medicaid. Examinations under this paragraph may not be
   73  requested or used to obtain a second opinion on whether an
   74  alleged victim has been sexually abused.
   75         Section 4. This act shall take effect July 1, 2025.