Bill Text: FL S0096 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Passed) 2021-07-06 - Chapter No. 2021-170 [S0096 Detail]
Download: Florida-2021-S0096-Introduced.html
Bill Title: Child Welfare
Spectrum: Bipartisan Bill
Status: (Passed) 2021-07-06 - Chapter No. 2021-170 [S0096 Detail]
Download: Florida-2021-S0096-Introduced.html
Florida Senate - 2021 SB 96 By Senator Book 32-01067E-21 202196__ 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 effective dates. 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. 39.01s. 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 personwho is required to report known or suspected576child abuse, abandonment, or neglect andwho knowingly and 577 willfully fails to report known or suspected child abuse, 578 abandonment, or neglectdo 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 588knowingly 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 animalbestiality”means any1267sexual act between a person and an animal involving the sex1268organ 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 animalbestiality, 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,1349either directly or through clothing, of the sex organs or anus1350of an animal or any transfer or transmission of semen by the1351person upon any part of the animal for the purpose of sexual1352gratification 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 personcontact, however1363slight, between the mouth, sex organ, or anus of a person and1364the sex organ or anus of an animal, or any penetration, however1365slight, of any part of the body of the person into the sex organ1366or anus of an animal, or any penetration of the sex organ or1367anus of the person into the mouth of the animal, for the purpose1368of sexual gratification or sexual arousal of the person. 1369 (2) A person may not: 1370 (a) Knowingly engage in anysexual conduct orsexual 1371 contact with an animal; 1372 (b) Knowingly cause, aid, or abet another person to engage 1373 in anysexual conduct orsexual contact with an animal; 1374 (c) Knowingly permit anysexual conduct orsexual 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 anysexual conduct orsexual 1382 contact with an animalfor 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 thirdmisdemeanor of the firstdegree, punishable as 1388 provided in s. 775.082,ors. 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,or1400 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.151739.201(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.176939.3035(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. 39.01s. 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 1839s. 39.2011840 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. Except as otherwise expressly provided in this 1857 act, and except for this section, which shall take effect upon 1858 this act becoming a law, this act shall take effect October 1, 1859 2021.