Bill Text: FL S0096 | 2021 | Regular Session | Comm Sub

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-Comm_Sub.html
       Florida Senate - 2021                        CS for CS for SB 96
       
       
        
       By the Committees on Rules; and Children, Families, and Elder
       Affairs; and Senators Book and Brodeur
       
       
       
       
       595-03398-21                                            202196c2
    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; authorizing in
   28         certain circumstances for the investigation to be
   29         conducted remotely; specifying the time in which a
   30         report must be provided to the secretary of the
   31         department; amending s. 39.202, F.S.; expanding the
   32         authorization of access to certain confidential
   33         records to include members of standing or select
   34         legislative committees, upon request, within a
   35         specified timeframe; amending s. 39.205, F.S.;
   36         providing construction; specifying that certain
   37         persons are not relieved from the duty to report by
   38         notifying a supervisor; creating s. 39.208, F.S.;
   39         providing legislative findings and intent; providing
   40         responsibilities for child protective investigators
   41         relating to animal cruelty; providing criminal, civil,
   42         and administrative immunity to child protective
   43         investigators who report known or suspected animal
   44         cruelty; providing responsibilities for animal control
   45         officers relating to child abuse, abandonment, and
   46         neglect; providing criminal penalties; requiring the
   47         department to develop training in consultation with
   48         the Florida Animal Control Association which relates
   49         to child and animal cruelty; providing requirements
   50         for such training; requiring the department to adopt
   51         rules; amending s. 39.302, F.S.; conforming cross
   52         references; authorizing certain persons to be
   53         represented by an attorney or accompanied by another
   54         person under certain circumstances during
   55         institutional investigations; providing requirements
   56         relating to institutional investigations; amending s.
   57         39.3035, F.S.; providing a description of child
   58         advocacy centers; creating s. 39.4092, F.S.; providing
   59         legislative findings; authorizing offices of criminal
   60         conflict and civil regional counsel to establish a
   61         multidisciplinary legal representation model program
   62         to serve parents of children in the dependency system;
   63         requiring the department to collaborate with the
   64         office to implement a program and provide funding;
   65         specifying program requirements; defining the term
   66         “parent-peer specialist”; requiring each region that
   67         establishes a multidisciplinary legal representation
   68         model program to submit an annual report by a certain
   69         date to the Office of Program Policy Analysis and
   70         Government Accountability; requiring the office to
   71         compile the reports and include such information in a
   72         specified report sent to the Governor and the
   73         Legislature by a specified date; authorizing the
   74         office of criminal conflict and civil regional counsel
   75         to adopt rules; amending s. 409.1415, F.S.; requiring
   76         the department to make available specified training
   77         for caregivers on the life skills necessary for
   78         children in out-of-home care; requiring the department
   79         to establish the Foster Information Center for
   80         specified purposes; requiring community-based care
   81         lead agencies to provide certain information and
   82         resources to kinship caregivers and to provide
   83         specified assistance to such caregivers; requiring
   84         lead agencies to provide caregivers with a certain
   85         telephone number; repealing s. 409.1453, F.S.,
   86         relating to the design and dissemination of training
   87         for foster care caregivers; repealing s. 409.1753,
   88         F.S.; relating to duties of the department relating to
   89         foster care; providing legislative intent; amending s.
   90         827.071, F.S.; renaming the term “sexual bestiality”
   91         as “sexual contact with an animal” and redefining the
   92         term; amending s. 828.126, F.S.; revising and defining
   93         terms; revising prohibitions relating to sexual
   94         conduct and sexual contact with an animal; revising
   95         criminal penalties; requiring a court to issue certain
   96         orders; revising applicability; amending s. 828.27,
   97         F.S.; requiring county and municipal animal control
   98         officers to complete specified training; requiring
   99         that animal control officers be provided with
  100         opportunities to attend such training during normal
  101         work hours; amending s. 921.0022, F.S.; assigning an
  102         offense severity ranking for sexual activities
  103         involving animals; amending s. 1012.795, F.S.;
  104         requiring the Education Practices Commission to
  105         suspend the educator certificate of instructional
  106         personnel and school administrators for failing to
  107         report known or suspected child abuse under certain
  108         circumstances; amending ss. 39.301, 119.071, 322.09,
  109         and 934.03, F.S.; conforming cross-references;
  110         providing an effective date.
  111          
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. Section 39.101, Florida Statutes, is created to
  115  read:
  116         39.101 Central abuse hotline.—The central abuse hotline is
  117  the first step in the safety assessment and investigation
  118  process.
  119         (1)ESTABLISHMENT AND OPERATION.—
  120         (a) The department shall operate and maintain a central
  121  abuse hotline capable of receiving all reports of known or
  122  suspected child abuse, abandonment, or neglect and reports that
  123  a child is in need of supervision and care and has no parent,
  124  legal custodian, or responsible adult relative immediately known
  125  and available to provide supervision and care. The hotline must
  126  accept reports 24 hours a day, 7 days a week, and such reports
  127  must be made in accordance with s. 39.201. The central abuse
  128  hotline must be capable of accepting reports made in accordance
  129  with s. 39.201 in writing, through a single statewide toll-free
  130  telephone number, or through electronic reporting. Any person
  131  may use any of these methods to make a report to the central
  132  abuse hotline.
  133         (b)The central abuse hotline must be operated in such a
  134  manner as to enable the department to:
  135         1. Accept reports for investigation when there is a
  136  reasonable cause to suspect that a child has been or is being
  137  abused or neglected or has been abandoned.
  138         2. Determine whether the allegations made by the reporter
  139  require an immediate or a 24-hour response priority in
  140  accordance with subsection (2).
  141         3. Immediately identify and locate prior reports or cases
  142  of child abuse, abandonment, or neglect through the use of the
  143  department’s automated tracking system.
  144         4. Track critical steps in the investigative process to
  145  ensure compliance with all requirements for any report of abuse,
  146  abandonment, or neglect.
  147         5. When appropriate, refer calls that do not allege the
  148  abuse, neglect, or abandonment of a child to other organizations
  149  that may better resolve the reporter’s concerns.
  150         6. Serve as a resource for the evaluation, management, and
  151  planning of preventive and remedial services for children who
  152  have been subjected to abuse, abandonment, or neglect.
  153         7. Initiate and enter into agreements with other states for
  154  the purposes of gathering and sharing information contained in
  155  reports on child maltreatment to further enhance programs for
  156  the protection of children.
  157         8. Promote public awareness of the central abuse hotline
  158  through community-based partner organizations and public service
  159  campaigns.
  160         (2) TIMELINES FOR INITIATING INVESTIGATION.—Upon receiving
  161  a report to the central abuse hotline, the department must
  162  determine the timeframe in which to initiate an investigation
  163  pursuant to chapter 39. An investigation must be commenced:
  164         (a) Immediately, regardless of the time of day or night, if
  165  it appears that:
  166         1. The immediate safety or well-being of a child is
  167  endangered;
  168         2. The family may flee or the child may be unavailable for
  169  purposes of conducting a child protective investigation; or
  170         3. The facts reported to the central abuse hotline
  171  otherwise so warrant.
  172         (b) Within 24 hours after receipt of a report that does not
  173  involve the criteria specified in paragraph (a).
  174         (3)COLLECTION OF INFORMATION AND DATA.—The department
  175  shall:
  176         (a)1.Voice-record all incoming or outgoing calls that are
  177  received or placed by the central abuse hotline which relate to
  178  suspected or known child abuse, neglect, or abandonment and
  179  maintain an electronic copy of each report made to the hotline,
  180  whether through a call or the electronic system.
  181         2. Make the recording or electronic copy of the report made
  182  to the central abuse hotline a part of the record.
  183  Notwithstanding s. 39.202, the recording must be released in
  184  full only to law enforcement agencies and state attorneys for
  185  the purposes of investigating and prosecuting criminal charges
  186  pursuant to s. 39.205, or to employees of the department for the
  187  purposes of investigating and seeking administrative penalties
  188  pursuant to s. 39.206.
  189  
  190  This paragraph does not prohibit hotline staff from using the
  191  recordings or the electronic reports for quality assurance or
  192  training purposes.
  193         (b)1.Secure and install electronic equipment that
  194  automatically provides to the hotline the number from which the
  195  call or fax is placed or the Internet protocol address from
  196  which the report is received.
  197         2. Enter the number or Internet protocol address into the
  198  report of abuse, abandonment, or neglect for it to become a part
  199  of the record of the report.
  200         3. Maintain the confidentiality of such information in the
  201  same manner as given to the identity of the reporter pursuant to
  202  s. 39.202.
  203         (c)1.Update the web form used for reporting child abuse,
  204  abandonment, or neglect to include qualifying questions in order
  205  to obtain necessary information required to assess need and the
  206  timelines necessary for initiating an investigation under
  207  subsection (2).
  208         2. Make the report available in its entirety to the
  209  counselors as needed to update the Florida Safe Families Network
  210  or other similar systems.
  211         (d) Monitor and evaluate the effectiveness of the reporting
  212  and investigating of suspected child abuse, abandonment, or
  213  neglect through the development and analysis of statistical and
  214  other information.
  215         (e) Maintain and produce aggregate statistical reports
  216  monitoring patterns of child abuse, abandonment, and neglect.
  217         (f)1. Collect and analyze child-on-child sexual abuse
  218  reports and include such information in the aggregate
  219  statistical reports.
  220         2. Collect and analyze, in separate statistical reports,
  221  those reports of child abuse and sexual abuse which are reported
  222  from or which occurred:
  223         a. On school premises;
  224         b. On school transportation;
  225         c. At school-sponsored off-campus events;
  226         d. At any school readiness program provider determined to
  227  be eligible under s. 1002.88;
  228         e. At a private prekindergarten provider or a public school
  229  prekindergarten provider, as those terms are defined in s.
  230  1002.51;
  231         f. At a public K-12 school as described in s. 1000.04;
  232         g. At a private school as defined in s. 1002.01;
  233         h. At a Florida College System institution or a state
  234  university, as those terms are defined in s. 1000.21; or
  235         i. At any school, as defined in s. 1005.02.
  236         (4)USE OF INFORMATION RECEIVED BY HOTLINE.—
  237         (a) Information received by the central abuse hotline may
  238  not be used for employment screening, except as provided in s.
  239  39.202(2)(a) or (h) or s. 402.302(15).
  240         (b)Information in the central abuse hotline and the
  241  department’s automated abuse information system may be used by
  242  the department, its authorized agents or contract providers, the
  243  Department of Health, or county agencies as part of the
  244  licensure or registration process pursuant to ss. 402.301
  245  402.319 and ss. 409.175-409.176.
  246         (c)Information in the central abuse hotline also may be
  247  used by the Department of Education for purposes of educator
  248  certification discipline and review pursuant to s. 39.202(2)(q).
  249         (5) QUALITY ASSURANCE.—On an ongoing basis, the
  250  department’s quality assurance program shall review screened-out
  251  reports involving three or more unaccepted reports on a single
  252  child, when jurisdiction applies, in order to detect such things
  253  as harassment and situations that warrant an investigation
  254  because of the frequency of the reports or the variety of the
  255  sources of the reports. A component of the quality assurance
  256  program must analyze unaccepted reports to the hotline by
  257  identified relatives as a part of the review of screened-out
  258  calls. The Assistant Secretary for Child Welfare may refer a
  259  case for investigation when it is determined, as a result of
  260  such review, that an investigation may be warranted.
  261         Section 2. Section 39.201, Florida Statutes, is amended to
  262  read:
  263         (Substantial rewording of section. See
  264         s. 39.201, F.S., for present text.)
  265         39.201 Required reports of child abuse, abandonment,
  266  neglect, and juvenile sexual abuse; required reports of death;
  267  reports involving a child who has exhibited inappropriate sexual
  268  behavior.—
  269         (1)REQUIRED REPORTING.—
  270         (a)1. A person is required to report immediately to the
  271  central abuse hotline established in s. 39.101, by a call to the
  272  toll-free number or by electronic report, if he or she knows, or
  273  has reasonable cause to suspect, that any of the following has
  274  occurred:
  275         a.Child abuse, neglect, or abandonment by a parent or
  276  caregiver, which includes, but is not limited to, when a child
  277  is abused, neglected, or abandoned by a parent, legal custodian,
  278  caregiver, or other person responsible for the child’s welfare
  279  or when a child is in need of supervision and care and has no
  280  parent, legal custodian, or responsible adult relative
  281  immediately known and available to provide supervision and care.
  282         b.Child abuse by a noncaregiver, which includes, but is
  283  not limited to, when a child is abused by an adult other than a
  284  parent, legal custodian, caregiver, or other person responsible
  285  for the child’s welfare. Such reports must be immediately
  286  electronically transferred to the appropriate county sheriff’s
  287  office by the central abuse hotline.
  288         2.Any person who knows, or has reasonable cause to
  289  suspect, that a child is the victim of childhood sexual abuse or
  290  of juvenile sexual abuse shall report such knowledge or
  291  suspicion to the department. This includes any alleged incident
  292  involving a child who is in the custody of or under the
  293  protective supervision of the department.
  294  
  295  Such reports may be made on the single statewide toll-free
  296  telephone number or by fax, web-based chat, or web-based report.
  297         (b)1.A person from the general public may make a report to
  298  the central abuse hotline anonymously if he or she chooses to do
  299  so.
  300         2. A person making a report to the central abuse hotline
  301  under this section who is part of any of the following
  302  occupational categories is required to provide his or her name
  303  to the central abuse hotline staff:
  304         a. Physician, osteopathic physician, medical examiner,
  305  chiropractic physician, nurse, or hospital personnel engaged in
  306  the admission, examination, care, or treatment of persons;
  307         b. Health professional or mental health professional other
  308  than a category listed in sub-subparagraph a.;
  309         c. Practitioner who relies solely on spiritual means for
  310  healing;
  311         d. School teacher or other school official or personnel;
  312         e. Social worker, day care center worker, or other
  313  professional child care worker, foster care worker, residential
  314  worker, or institutional worker;
  315         f. Law enforcement officer;
  316         g. Judge; or
  317         h.Animal control officer as defined in s. 828.27 or agent
  318  appointed under s. 828.03.
  319         (c)Central abuse hotline counselors shall advise persons
  320  who are making a report to the central abuse hotline that, while
  321  their names must be entered into the record of the report, the
  322  names of reporters are held confidential and exempt as provided
  323  in s. 39.202. Counselors must receive periodic training in
  324  encouraging all reporters to provide their names when making a
  325  report.
  326         (2)EXCEPTIONS TO REPORTING.—
  327         (a) An additional report of child abuse, abandonment, or
  328  neglect does not have to be made by:
  329         1.A professional who is hired by or who enters into a
  330  contract with the department for the purpose of treating or
  331  counseling any person as a result of a report of child abuse,
  332  abandonment, or neglect if such person was the subject of the
  333  referral for treatment.
  334         2.An officer or employee of the judicial branch when the
  335  child is currently being investigated by the department, when
  336  there is an existing dependency case, or when the matter has
  337  previously been reported to the department, if there is
  338  reasonable cause to believe that the information is already
  339  known to the department. This subparagraph applies only when the
  340  information has been provided to the officer or employee in the
  341  course of carrying out his or her official duties.
  342         3.An officer or employee of a law enforcement agency when
  343  the incident under investigation by the law enforcement agency
  344  was reported to law enforcement by the central abuse hotline
  345  through the electronic transfer of the report or call. The
  346  department’s central abuse hotline is not required to
  347  electronically transfer calls and reports received pursuant to
  348  paragraph (1)(b) to the county sheriff’s office if the matter
  349  was initially reported to the department by the county sheriff’s
  350  office or by another law enforcement agency. This subparagraph
  351  applies only when the information related to the alleged child
  352  abuse has been provided to the officer or employee of a law
  353  enforcement agency or central abuse hotline employee in the
  354  course of carrying out his or her official duties.
  355         (b) Nothing in this chapter or in the contract with
  356  community-based care providers for foster care and related
  357  services as specified in s. 409.987 may be construed to remove
  358  or reduce the duty and responsibility of any person, including
  359  any employee of the community-based care provider, to report a
  360  suspected or actual case of child abuse, abandonment, or neglect
  361  or the sexual abuse of a child to the department’s central abuse
  362  hotline.
  363         (3)ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.—
  364         (a)Abuse occurring out of state.
  365         1. Except as provided in subparagraph 2., the central abuse
  366  hotline is prohibited from taking a report of known or suspected
  367  child abuse, abandonment, or neglect when the report is related
  368  to abuse, abandonment, or neglect that occurred out of state and
  369  the alleged perpetrator and the child alleged to be a victim do
  370  not live in this state.
  371         2.If the child is currently being evaluated in a medical
  372  facility in this state, the central abuse hotline must accept
  373  the report or call for investigation and must transfer the
  374  information on the report or call to the appropriate state or
  375  country.
  376         3.If the child is not currently being evaluated in a
  377  medical facility in this state, the central abuse hotline must
  378  transfer the information on the report or call to the
  379  appropriate state or county.
  380         (b)Abuse reports received from emergency room physicians.
  381  The department must initiate an investigation when it receives a
  382  report from an emergency room physician.
  383         (c)Abuse involving impregnation of a child.—A report must
  384  be immediately electronically transferred to the appropriate
  385  county sheriff’s office or other appropriate law enforcement
  386  agency by the central abuse hotline if the report is of an
  387  instance of known or suspected child abuse involving
  388  impregnation of a child younger than 16 years of age by a person
  389  21 years of age or older solely under s. 827.04(3). If the
  390  report is of known or suspected child abuse solely under s.
  391  827.04(3), the reporting provisions of subsection (1) do not
  392  apply to health care professionals or other persons who provide
  393  medical or counseling services to pregnant children when such
  394  reporting would interfere with the provision of medical
  395  services.
  396         (d)Institutional child abuse or neglect.—Reports involving
  397  known or suspected institutional child abuse or neglect, as
  398  defined in s. 39.01, must be made and received in the same
  399  manner as all other reports made pursuant to this section.
  400         (e)Surrendered newborn infants.
  401         1. The department must receive reports involving
  402  surrendered newborn infants as described in s. 383.50.
  403         2.a. A report may not be considered a report of abuse,
  404  neglect, or abandonment solely because the infant has been left
  405  at a hospital, emergency medical services station, or fire
  406  station pursuant to s. 383.50.
  407         b. If the report involving a surrendered newborn infant
  408  does not include indications of abuse, neglect, or abandonment
  409  other than that necessarily entailed in the infant having been
  410  left at a hospital, emergency medical services station, or fire
  411  station, the department must provide to the caller making the
  412  report the name of a licensed child-placing agency on a rotating
  413  basis from a list of licensed child-placing agencies eligible
  414  and required to accept physical custody of and to place
  415  surrendered newborn infants.
  416         3. If the report includes indications of abuse or neglect
  417  beyond that necessarily entailed in the infant having been left
  418  at a hospital, emergency medical services station, or fire
  419  station, the report must be considered as a report of abuse,
  420  neglect, or abandonment and, notwithstanding chapter 383, is
  421  subject to the requirements of s. 39.395 and all other relevant
  422  provisions of this chapter.
  423         (4) REPORTS OF CHILD ABUSE, NEGLECT, OR ABANDONMENT BY A
  424  PARENT OR CAREGIVER.—
  425         (a)1.Upon receiving a report made to the department’s
  426  central abuse hotline, personnel of the department shall
  427  determine if the received report meets the statutory definition
  428  of child abuse, abandonment, or neglect.
  429         2. Any report meeting one of these definitions must be
  430  accepted for protective investigation pursuant to part III of
  431  this chapter.
  432         (b)1. Any call received from a parent or legal custodian
  433  seeking assistance for himself or herself which does not meet
  434  the criteria for being a report of child abuse, abandonment, or
  435  neglect may be accepted by the hotline for response to
  436  ameliorate a potential future risk of harm to a child.
  437         2. The department must refer the parent or legal custodian
  438  for appropriate voluntary community services if it is determined
  439  by personnel of the department that a need for community
  440  services exists.
  441         (5) REPORTS OF SEXUAL ABUSE OF A CHILD, JUVENILE SEXUAL
  442  ABUSE, OR A CHILD WHO HAS EXHIBITED INAPPROPRIATE SEXUAL
  443  BEHAVIOR.—
  444         (a)Reports involving sexual abuse of a child or juvenile
  445  sexual abuse shall be made immediately to the department’s
  446  central abuse hotline. Such reports may be made on the single
  447  statewide toll-free telephone number or by fax, web-based chat,
  448  or web-based report. This includes any alleged incident
  449  involving a child who is in the custody of or under the
  450  protective supervision of the department.
  451         (b)1.Within 48 hours after receiving a report required
  452  under subparagraph (1)(a)2. made to the department’s central
  453  abuse hotline, personnel of the department shall conduct an
  454  assessment, assist the family in receiving appropriate services
  455  pursuant to s. 39.307, and send a written report of the
  456  allegation to the appropriate county sheriff’s office.
  457         2.Reports involving a child who has exhibited
  458  inappropriate sexual behavior must be made and received by the
  459  department. The central abuse hotline shall immediately
  460  electronically transfer the report or call to the county
  461  sheriff’s office. The department shall conduct an assessment and
  462  assist the family in receiving appropriate services pursuant to
  463  s. 39.307 and send a written report of the allegation to the
  464  appropriate county sheriff’s office within 48 hours after the
  465  initial report is made to the central abuse hotline.
  466         (c)The services identified in the assessment should be
  467  provided in the least restrictive environment possible and must
  468  include, but need not be limited to, child advocacy center
  469  services pursuant to s. 39.3035 and sexual abuse treatment
  470  programs developed and coordinated by the Children’s Medical
  471  Services Program in the Department of Health pursuant to s.
  472  39.303.
  473         (d) The department shall ensure that the facts and results
  474  of any investigation of such abuse involving a child in the
  475  custody of, or under the protective supervision of, the
  476  department are made known to the court at the next hearing and
  477  are included in the next report to the court concerning the
  478  child.
  479         (e)1. In addition to conducting an assessment and assisting
  480  the family in receiving appropriate services, the department
  481  shall conduct a child protective investigation under
  482  subparagraph (1)(a)2. which occurs on school premises; on school
  483  transportation; at school-sponsored off-campus events; at a
  484  public or private school readiness or prekindergarten program;
  485  at a public K-12 school; or at a private school. The protective
  486  investigation must include an interview with the child’s parent
  487  or legal guardian.
  488         2. Further, the department shall notify the Department of
  489  Education; the law enforcement agency having jurisdiction over
  490  the municipality or county in which the school is located; and,
  491  as appropriate, the superintendent of the school district where
  492  the school is located, the administrative officer of the private
  493  school, or the owner of the private school readiness or
  494  prekindergarten provider.
  495         3. The department shall make a full written report to the
  496  law enforcement agency within 3 working days after making the
  497  oral report. Whenever possible, any criminal investigation must
  498  be coordinated with the department’s child protective
  499  investigation. Any interested person who has information
  500  regarding such abuse may forward a statement to the department.
  501         (6) MANDATORY REPORTS OF A CHILD DEATH.—Any person required
  502  to report or investigate cases of suspected child abuse,
  503  abandonment, or neglect who has reasonable cause to suspect that
  504  a child died as a result of child abuse, abandonment, or neglect
  505  shall report his or her suspicion to the appropriate medical
  506  examiner. The medical examiner shall accept the report for
  507  investigation and shall report his or her findings, in writing,
  508  to the local law enforcement agency, the appropriate state
  509  attorney, and the department. Autopsy reports maintained by the
  510  medical examiner are not subject to the confidentiality
  511  requirements provided for in s. 39.202.
  512         Section 3. Present subsections (3) through (11) of section
  513  39.2015, Florida Statutes, are redesignated as subsections (4)
  514  through (12), respectively, a new subsection (3) is added to
  515  that section, and subsection (1) and present subsections (3) and
  516  (4) of that section are amended, to read:
  517         39.2015 Critical incident rapid response team.—
  518         (1) As part of the department’s quality assurance program,
  519  the department shall provide an immediate multiagency
  520  investigation of certain child deaths or other serious
  521  incidents, including, but not limited to, allegations of sexual
  522  abuse of a child as described in this chapter. The purpose of
  523  such investigation is to identify root causes and rapidly
  524  determine the need to change policies and practices related to
  525  child protection and child welfare.
  526         (3) An immediate onsite investigation conducted by a
  527  critical incident rapid response team is required for all
  528  reports received by the department containing allegations of
  529  sexual abuse of a child as described in this chapter who is
  530  currently placed in out-of-home care if the child was the
  531  subject of a verified report of suspected abuse or neglect
  532  during the previous 6 months. Only one team shall be deployed
  533  for an allegation of sexual abuse that is based on the same act,
  534  criminal episode, or transaction regardless of the number of
  535  reports that are received by the department.
  536         (4)(3) Each investigation shall be conducted by a
  537  multiagency team of at least five professionals with expertise
  538  in child protection, child welfare, and organizational
  539  management. The team may consist of employees of the department,
  540  community-based care lead agencies, Children’s Medical Services,
  541  and community-based care provider organizations; faculty from
  542  the institute consisting of public and private universities
  543  offering degrees in social work established pursuant to s.
  544  1004.615; or any other person with the required expertise. The
  545  team shall include, at a minimum, a Child Protection Team
  546  medical director, a representative from a child advocacy center
  547  pursuant to s. 39.3035 who has specialized training in sexual
  548  abuse, or a combination of such specialists if deemed
  549  appropriate. With respect to investigations conducted under this
  550  section related to allegations of child sexual abuse, the Child
  551  Protection Team medical director may designate a member of the
  552  Child Protection Team to participate in the investigation as his
  553  or her designee. The majority of the team must reside in
  554  judicial circuits outside the location of the incident. The
  555  secretary shall appoint a team leader for each group assigned to
  556  an investigation. Notwithstanding subsections (2) and (3), at
  557  the discretion of the team leader, the team or select team
  558  members may conduct all or part of the investigation remotely.
  559         (5)(4) An investigation shall be initiated as soon as
  560  possible, but not later than 2 business days after the case is
  561  reported to the department. A preliminary report on each case
  562  shall be provided to the secretary no later than 30 days after
  563  the investigation begins for the investigation of a child death,
  564  and 45 days for the investigation of an allegation of child
  565  sexual abuse.
  566         Section 4. Paragraph (t) of subsection (2) of section
  567  39.202, Florida Statutes, is amended, and paragraph (u) is added
  568  to that subsection, to read:
  569         39.202 Confidentiality of reports and records in cases of
  570  child abuse or neglect.—
  571         (2) Except as provided in subsection (4), access to such
  572  records, excluding the name of, or other identifying information
  573  with respect to, the reporter which shall be released only as
  574  provided in subsection (5), shall be granted only to the
  575  following persons, officials, and agencies:
  576         (t) Persons with whom the department is seeking to place
  577  the child or to whom placement has been granted, including
  578  foster parents for whom an approved home study has been
  579  conducted, the designee of a licensed child-caring agency as
  580  defined in s. 39.01 s. 39.01(41), an approved relative or
  581  nonrelative with whom a child is placed pursuant to s. 39.402,
  582  preadoptive parents for whom a favorable preliminary adoptive
  583  home study has been conducted, adoptive parents, or an adoption
  584  entity acting on behalf of preadoptive or adoptive parents.
  585         (u) Members of standing or select legislative committees,
  586  as provided under s. 11.143(2), within 7 business days, upon
  587  request of the member.
  588         Section 5. Subsections (1), (3), and (4) of section 39.205,
  589  Florida Statutes, are amended, and subsection (11) is added to
  590  that section, to read:
  591         39.205 Penalties relating to reporting of child abuse,
  592  abandonment, or neglect.—
  593         (1) A person who is required to report known or suspected
  594  child abuse, abandonment, or neglect and who knowingly and
  595  willfully fails to report known or suspected child abuse,
  596  abandonment, or neglect do so, or who knowingly and willfully
  597  prevents another person from doing so, commits a felony of the
  598  third degree, punishable as provided in s. 775.082, s. 775.083,
  599  or s. 775.084. A judge subject to discipline pursuant to s. 12,
  600  Art. V of the Florida Constitution shall not be subject to
  601  criminal prosecution when the information was received in the
  602  course of official duties.
  603         (3) Any Florida College System institution, state
  604  university, or nonpublic college, university, or school, as
  605  defined in s. 1000.21 or s. 1005.02, whose administrators
  606  knowingly and willfully, upon receiving information from
  607  faculty, staff, or other institution employees, knowingly and
  608  willfully fail to report to the central abuse hotline pursuant
  609  to this chapter known or suspected child abuse, abandonment, or
  610  neglect committed on the property of the university, college, or
  611  school, or during an event or function sponsored by the
  612  university, college, or school, or who knowingly and willfully
  613  prevent another person from doing so, shall be subject to fines
  614  of $1 million for each such failure.
  615         (a) A Florida College System institution subject to a fine
  616  shall be assessed by the State Board of Education.
  617         (b) A state university subject to a fine shall be assessed
  618  by the Board of Governors.
  619         (c) A nonpublic college, university, or school subject to a
  620  fine shall be assessed by the Commission for Independent
  621  Education.
  622         (4) Any Florida College System institution, state
  623  university, or nonpublic college, university, or school, as
  624  defined in s. 1000.21 or s. 1005.02, whose law enforcement
  625  agency fails to report to the central abuse hotline pursuant to
  626  this chapter known or suspected child abuse, abandonment, or
  627  neglect committed on the property of the university, college, or
  628  school, or during an event or function sponsored by the
  629  university, college, or school, shall be subject to fines of $1
  630  million for each such failure, assessed in the same manner as
  631  specified in subsection (3).
  632         (11)This section may not be construed to remove or reduce
  633  the requirement of any person, including any employee of a
  634  school readiness program provider determined to be eligible
  635  under s. 1002.88; a private prekindergarten provider or a public
  636  school prekindergarten provider, as those terms are defined in
  637  s. 1002.51; a public K-12 school as described in s. 1000.04; a
  638  home education program or a private school, as those terms are
  639  defined in s. 1002.01; a Florida College System institution or a
  640  state university, as those terms are defined in s. 1000.21; a
  641  college as defined in s. 1005.02; or a school as defined in s.
  642  1005.02, to directly report a suspected or actual case of child
  643  abuse, abandonment, or neglect or the sexual abuse of a child to
  644  the department’s central abuse hotline pursuant to this chapter.
  645  A person required to report to the central abuse hotline is not
  646  relieved of the obligation by notifying his or her supervisor.
  647         Section 6. Section 39.208, Florida Statutes, is created to
  648  read:
  649         39.208 Cross-reporting child abuse, abandonment, or neglect
  650  and animal cruelty.—
  651         (1) LEGISLATIVE FINDINGS AND INTENT.—
  652         (a)The Legislature recognizes that animal cruelty of any
  653  kind is a type of interpersonal violence that often co-occurs
  654  with child abuse and other forms of family violence, including
  655  elder abuse and domestic violence. Early identification of
  656  animal cruelty is an important tool in safeguarding children
  657  from abuse and neglect, providing needed support to families,
  658  and protecting animals.
  659         (b)The Legislature finds that education and training for
  660  child protective investigators and animal care and control
  661  personnel should include information on the link between the
  662  welfare of animals in the family and child safety and
  663  protection.
  664         (c)Therefore, it is the intent of the Legislature to
  665  require reporting and cross-reporting protocols and
  666  collaborative training between child protective services and
  667  animal control services personnel to help protect the safety and
  668  well-being of children, their families, and their animals.
  669         (2) RESPONSIBILITIES OF CHILD PROTECTIVE INVESTIGATORS.—
  670         (a) Any person who is required to investigate child abuse,
  671  abandonment, or neglect under this chapter and who, while acting
  672  in his or her professional capacity or within the scope of
  673  employment, knows or has reasonable cause to suspect that animal
  674  cruelty has occurred at the same address shall report such
  675  knowledge or suspicion within 72 hours to his or her supervisor
  676  for submission to a local animal control agency. The report must
  677  include all of the following information:
  678         1. A description of the animal and of the known or
  679  suspected animal cruelty.
  680         2. The name and address of the animal’s owner or keeper, if
  681  that information is available to the child protective
  682  investigator.
  683         3. Any other information available to the child protective
  684  investigator which might assist an animal control officer or law
  685  enforcement officer in establishing the cause of the animal
  686  cruelty and the manner in which it occurred.
  687         (b) A child protective investigator who makes a report
  688  under this section is presumed to have acted in good faith. An
  689  investigator acting in good faith who makes a report under this
  690  section or who cooperates in an investigation of suspected
  691  animal cruelty is immune from any civil or criminal liability or
  692  administrative penalty or sanction that might otherwise be
  693  incurred in connection with making the report or otherwise
  694  cooperating.
  695         (3) RESPONSIBILITIES OF ANIMAL CONTROL OFFICERS.—Any person
  696  who is required to investigate animal cruelty under chapter 828
  697  and who, while acting in his or her professional capacity or
  698  within the scope of employment, knows or has reasonable cause to
  699  suspect that a child is abused, abandoned, or neglected by a
  700  parent, legal custodian, caregiver, or other person responsible
  701  for the child’s welfare or that a child is in need of
  702  supervision and care and does not have a parent, a legal
  703  custodian, or a responsible adult relative immediately known and
  704  available to provide supervision and care to that child shall
  705  immediately report such knowledge or suspicion to the
  706  department’s central abuse hotline.
  707         (4)PENALTIES.—
  708         (a)A child protective investigator who is required to
  709  report known or suspected animal cruelty under subsection (2)
  710  and who knowingly and willfully fails to do so commits a
  711  misdemeanor of the second degree, punishable as provided in s.
  712  775.082 or s. 775.083.
  713         (b)An animal control officer who observes, in the course
  714  of his or her duties, known or suspected abuse, neglect, or
  715  abandonment of a child, who is required to report known or
  716  suspected abuse, neglect, or abandonment of a child under
  717  subsection (3), and who knowingly and willfully fails to report
  718  an incident of known or suspected abuse, abandonment, or
  719  neglect, as required by s. 39.201, is subject to the penalties
  720  imposed in s. 39.205.
  721         (5) TRAINING.—The department, in consultation with the
  722  Florida Animal Control Association, shall develop or adapt and
  723  use already available training materials in a 1-hour training
  724  for all child protective investigators and animal control
  725  officers on the accurate and timely identification and reporting
  726  of child abuse, abandonment, or neglect or animal cruelty and
  727  the interconnectedness of such abuse and neglect. The department
  728  shall incorporate into the required training for child
  729  protective investigators information on the identification of
  730  harm to and neglect of animals and the relationship of such
  731  activities to child welfare case practice. The 1-hour training
  732  developed for animal control officers must include a component
  733  that advises such officers of the mandatory duty to report any
  734  known or suspected child abuse, abandonment, or neglect under
  735  this section and s. 39.201 and the criminal penalties associated
  736  with a violation of failing to report known or suspected child
  737  abuse, abandonment, or neglect which is punishable in accordance
  738  with s. 39.205.
  739         (6)RULEMAKING.—The department shall adopt rules to
  740  implement this section.
  741         Section 7. Subsections (1) and (2) of section 39.302,
  742  Florida Statutes, are amended to read:
  743         39.302 Protective investigations of institutional child
  744  abuse, abandonment, or neglect.—
  745         (1) The department shall conduct a child protective
  746  investigation of each report of institutional child abuse,
  747  abandonment, or neglect. Upon receipt of a report that alleges
  748  that an employee or agent of the department, or any other entity
  749  or person covered by s. 39.01(37) or (54), acting in an official
  750  capacity, has committed an act of child abuse, abandonment, or
  751  neglect, the department shall initiate a child protective
  752  investigation within the timeframe established under s.
  753  39.101(2) s. 39.201(5) and notify the appropriate state
  754  attorney, law enforcement agency, and licensing agency, which
  755  shall immediately conduct a joint investigation, unless
  756  independent investigations are more feasible. When conducting
  757  investigations or having face-to-face interviews with the child,
  758  investigation visits shall be unannounced unless it is
  759  determined by the department or its agent that unannounced
  760  visits threaten the safety of the child. If a facility is exempt
  761  from licensing, the department shall inform the owner or
  762  operator of the facility of the report. Each agency conducting a
  763  joint investigation is entitled to full access to the
  764  information gathered by the department in the course of the
  765  investigation. A protective investigation must include an
  766  interview with the child’s parent or legal guardian. The
  767  department shall make a full written report to the state
  768  attorney within 3 working days after making the oral report. A
  769  criminal investigation shall be coordinated, whenever possible,
  770  with the child protective investigation of the department. Any
  771  interested person who has information regarding the offenses
  772  described in this subsection may forward a statement to the
  773  state attorney as to whether prosecution is warranted and
  774  appropriate. Within 15 days after the completion of the
  775  investigation, the state attorney shall report the findings to
  776  the department and shall include in the report a determination
  777  of whether or not prosecution is justified and appropriate in
  778  view of the circumstances of the specific case.
  779         (2)(a) If in the course of the child protective
  780  investigation, the department finds that a subject of a report,
  781  by continued contact with children in care, constitutes a
  782  threatened harm to the physical health, mental health, or
  783  welfare of the children, the department may restrict a subject’s
  784  access to the children pending the outcome of the investigation.
  785  The department or its agent shall employ the least restrictive
  786  means necessary to safeguard the physical health, mental health,
  787  and welfare of the children in care. This authority shall apply
  788  only to child protective investigations in which there is some
  789  evidence that child abuse, abandonment, or neglect has occurred.
  790  A subject of a report whose access to children in care has been
  791  restricted is entitled to petition the circuit court for
  792  judicial review. The court shall enter written findings of fact
  793  based upon the preponderance of evidence that child abuse,
  794  abandonment, or neglect did occur and that the department’s
  795  restrictive action against a subject of the report was justified
  796  in order to safeguard the physical health, mental health, and
  797  welfare of the children in care. The restrictive action of the
  798  department shall be effective for no more than 90 days without a
  799  judicial finding supporting the actions of the department.
  800         (b)In an institutional investigation, the alleged
  801  perpetrator may be represented by an attorney, at his or her own
  802  expense, or may be accompanied by another person, if the
  803  attorney or the person executes an affidavit of understanding
  804  with the department and agrees to comply with the
  805  confidentiality requirements under s. 39.202. The absence of an
  806  attorney or an accompanying person does not prevent the
  807  department from proceeding with other aspects of the
  808  investigation, including interviews with other persons. In
  809  institutional child abuse cases when the institution is not
  810  operational and the child cannot otherwise be located, the
  811  investigation must commence immediately upon the resumption of
  812  operation. If requested by a state attorney or local law
  813  enforcement agency, the department shall furnish all
  814  investigative reports to such state attorney or agency.
  815         (c)(b) Upon completion of the department’s child protective
  816  investigation, the department may make application to the
  817  circuit court for continued restrictive action against any
  818  person necessary to safeguard the physical health, mental
  819  health, and welfare of the children in care.
  820         Section 8. Present subsections (1), (2), and (3) of section
  821  39.3035, Florida Statutes, are redesignated as subsections (2),
  822  (3), and (4), respectively, a new subsection (1) is added to
  823  that section, and present subsection (3) is amended, to read:
  824         39.3035 Child advocacy centers; standards; state funding.—
  825         (1) Child advocacy centers are facilities that offer
  826  multidisciplinary services in a community-based, child-focused
  827  environment to children who are alleged to be victims of abuse
  828  or neglect. The children served by such centers may have
  829  experienced a variety of types of abuse or neglect, including,
  830  but not limited to, sexual abuse or severe physical abuse. The
  831  centers bring together, often in one location, child protective
  832  investigators, law enforcement, prosecutors, and medical and
  833  mental health professionals to provide a coordinated,
  834  comprehensive response to victims and their caregivers.
  835         (4)(3) A child advocacy center within this state may not
  836  receive the funds generated pursuant to s. 938.10, state or
  837  federal funds administered by a state agency, or any other funds
  838  appropriated by the Legislature unless all of the standards of
  839  subsection (2) (1) are met and the screening requirement of
  840  subsection (3) (2) is met. The Florida Network of Children’s
  841  Advocacy Centers, Inc., shall be responsible for tracking and
  842  documenting compliance with subsections (2) and (3) (1) and (2)
  843  for any of the funds it administers to member child advocacy
  844  centers.
  845         (a) Funds for the specific purpose of funding children’s
  846  advocacy centers shall be appropriated to the Department of
  847  Children and Families from funds collected from the additional
  848  court cost imposed in cases of certain crimes against minors
  849  under s. 938.10. Funds shall be disbursed to the Florida Network
  850  of Children’s Advocacy Centers, Inc., as established under this
  851  section, for the purpose of providing community-based services
  852  that augment, but do not duplicate, services provided by state
  853  agencies.
  854         (b) The board of directors of the Florida Network of
  855  Children’s Advocacy Centers, Inc., shall retain 10 percent of
  856  all revenues collected to be used to match local contributions,
  857  at a rate not to exceed an equal match, in communities
  858  establishing children’s advocacy centers. The board of directors
  859  may use up to 5 percent of the remaining funds to support the
  860  activities of the network office and must develop funding
  861  criteria and an allocation methodology that ensures an equitable
  862  distribution of remaining funds among network participants. The
  863  criteria and methodologies must take into account factors that
  864  include, but need not be limited to, the center’s accreditation
  865  status with respect to the National Children’s Alliance, the
  866  number of clients served, and the population of the area being
  867  served by the children’s advocacy center.
  868         (c) At the end of each fiscal year, each children’s
  869  advocacy center receiving revenue as provided in this section
  870  must provide a report to the board of directors of the Florida
  871  Network of Children’s Advocacy Centers, Inc., which reflects
  872  center expenditures, all sources of revenue received, and
  873  outputs that have been standardized and agreed upon by network
  874  members and the board of directors, such as the number of
  875  clients served, client demographic information, and number and
  876  types of services provided. The Florida Network of Children’s
  877  Advocacy Centers, Inc., must compile reports from the centers
  878  and provide a report to the President of the Senate and the
  879  Speaker of the House of Representatives in August of each year.
  880         Section 9. Section 39.4092, Florida Statutes, is created to
  881  read:
  882         39.4092 Multidisciplinary legal representation model
  883  program for parents of children in the dependency system.—
  884         (1) LEGISLATIVE FINDINGS.—
  885         (a) The Legislature finds that the use of a specialized
  886  team that includes a lawyer, a social worker, and a parent-peer
  887  specialist, also known as a multidisciplinary legal
  888  representation model, in dependency judicial matters is
  889  effective in reducing safety risks to children and providing
  890  families with better outcomes, such as significantly reducing
  891  the time such children spend in out-of-home care and achieving
  892  permanency more quickly.
  893         (b) The Legislature finds that parents in dependency court
  894  often suffer from multiple challenges, such as mental illness,
  895  substance use disorder, domestic violence and other trauma,
  896  unstable housing, and unemployment. Such issues are often a
  897  contributing factor to children experiencing instability or
  898  safety risks. While these issues may result in legal involvement
  899  or require legal representation, addressing such underlying
  900  challenges in a manner that achieves stability often falls
  901  within the core functions of the practice of social work.
  902         (c) The Legislature also finds that social work
  903  professionals have a unique skill set, including client
  904  assessment and clinical knowledge of family dynamics. This
  905  unique skill set allows these professionals to interact and
  906  engage with clients in meaningful and unique ways that are
  907  distinct from the ways in which the clients interact with
  908  attorneys or other professional staff involved with dependency
  909  matters. Additionally, social work professionals are skilled at
  910  quickly connecting families facing such crises to resources that
  911  can address the specific underlying challenges.
  912         (d) The Legislature finds that there is a great benefit to
  913  using parent-peer specialists in the dependency system, which
  914  allows parents who have successfully navigated the dependency
  915  system and have been successfully reunified with their children
  916  to be paired with parents whose children are currently involved
  917  in the dependency system. By working with someone who has
  918  personally lived the experience of overcoming great personal
  919  crisis, parents currently involved in the dependency system have
  920  a greater ability to address the underlying challenges that
  921  resulted in the instability and safety risk to the children,
  922  provide a safe and stable home environment, and be successfully
  923  reunified.
  924         (e) The Legislature further finds that current federal
  925  provisions authorize the reimbursement of half the cost of
  926  attorneys for parents and children in eligible cases, whereas
  927  such funds were formerly restricted to foster care
  928  administrative costs.
  929         (f) The Legislature finds it is necessary to encourage and
  930  facilitate the use of a multidisciplinary legal representation
  931  model for parents and their children in order to improve
  932  outcomes for those families involved in the dependency system
  933  and provide the families who find themselves in a crisis the
  934  best opportunity to be successful in creating safe and stable
  935  homes for their children.
  936         (2) ESTABLISHMENT.—Each office of criminal conflict and
  937  civil regional counsel established under s. 27.511 may establish
  938  a multidisciplinary legal representation model program to serve
  939  families who are in the dependency system. The department shall
  940  collaborate with the office of criminal conflict and civil
  941  regional counsel to implement a program and provide funding with
  942  available federal matching resources for such multidisciplinary
  943  legal representation model programs for eligible families
  944  involved in the dependency system.
  945         (3) PROGRAM REQUIREMENTS.—Any multidisciplinary legal
  946  representation model program established must, at a minimum:
  947         (a) Use a team that consists of a lawyer, a forensic social
  948  worker, and a parent-peer specialist. For purposes of this
  949  section, a “parent-peer specialist” means a person who has:
  950         1. Previously had his or her child involved in the
  951  dependency system and removed from his or her care to be placed
  952  in out-of-home care;
  953         2. Been successfully reunified with the child for more than
  954  2 years; and
  955         3. Received specialized training to become a parent-peer
  956  specialist.
  957         (b) Provide any necessary cost-sharing agreements to
  958  maximize financial resources and enable access to available
  959  federal Title IV-E matching funding.
  960         (c) Provide specialized training and support for attorneys,
  961  social workers, and parent-peer specialists involved in the
  962  model program.
  963         (d) Collect uniform data on each child whose parent is
  964  served by the program and ensure that reporting of data is
  965  conducted through the child’s unique FINS/fin identification
  966  number, if applicable.
  967         (e) Develop consistent operational program policies and
  968  procedures throughout each region that establishes the model
  969  program.
  970         (f) Obtain agreements with universities relating to
  971  approved placements for social work students to ensure the
  972  placement of social workers in the program.
  973         (g) Execute conflict of interest agreements with each team
  974  member.
  975         (4) REPORTING.—
  976         (a) Each regional office of the office of criminal conflict
  977  and civil regional counsel which establishes a multidisciplinary
  978  legal representation model program that meets the requirements
  979  of this section must provide an annual report to the Office of
  980  Program Policy Analysis and Government Accountability. The
  981  annual report must use the uniform data collected on each unique
  982  child whose parents are served by the program and must detail,
  983  at a minimum, all of the following:
  984         1. Reasons for the original involvement of the family in
  985  the dependency system.
  986         2. Length of time it takes to achieve a permanency goal for
  987  the children whose parents are served by the program.
  988         3. Frequency of each type of permanency goal achieved by
  989  parents that are served by the program.
  990         4. Rate of re-abuse or re-removal of children whose parents
  991  are served by the program.
  992         5. Any other relevant factors that tend to show the impact
  993  of the use of such multidisciplinary legal representation model
  994  programs on the outcomes for children in the dependency system,
  995  provided each region that has established such a program agrees
  996  to uniform additional factors and how to collect data on such
  997  additional factors in the annual report.
  998         (b) By October 1, 2022, and annually thereafter, the annual
  999  report from each regional counsel office must be submitted to
 1000  the Office of Program Policy Analysis and Government
 1001  Accountability, which shall compile the results of such reports
 1002  and compare the reported outcomes from the multidisciplinary
 1003  legal representation model program to known outcomes of children
 1004  in the dependency system whose parents are not served by a
 1005  multidisciplinary legal representation model program. By
 1006  December 1, 2022, and annually thereafter, the Office of Program
 1007  Policy Analysis and Government Accountability must submit a
 1008  report to the Governor, the President of the Senate, and the
 1009  Speaker of the House of Representatives.
 1010         (5) RULEMAKING.—The office of criminal conflict and civil
 1011  regional counsel may adopt rules to administer this section.
 1012         Section 10. Section 409.1415, Florida Statutes, is amended
 1013  to read:
 1014         409.1415 Parenting partnerships for children in out-of-home
 1015  care; resources.—
 1016         (1) LEGISLATIVE FINDINGS AND INTENT.—
 1017         (a) The Legislature finds that reunification is the most
 1018  common outcome for children in out-of-home care and that
 1019  caregivers are one of the most important resources to help
 1020  children reunify with their families.
 1021         (b) The Legislature further finds that the most successful
 1022  caregivers understand that their role goes beyond supporting the
 1023  children in their care to supporting the children’s families, as
 1024  a whole, and that children and their families benefit when
 1025  caregivers and birth or legal parents are supported by an agency
 1026  culture that encourages a meaningful partnership between them
 1027  and provides quality support.
 1028         (c) Therefore, in keeping with national trends, it is the
 1029  intent of the Legislature to bring caregivers and birth or legal
 1030  parents together in order to build strong relationships that
 1031  lead to more successful reunifications and more stability for
 1032  children being fostered in out-of-home care.
 1033         (2) PARENTING PARTNERSHIPS.—
 1034         (a) In order to ensure that children in out-of-home care
 1035  achieve legal permanency as soon as possible, to reduce the
 1036  likelihood that they will reenter care or that other children in
 1037  the family are abused or neglected or enter out-of-home care,
 1038  and to ensure that families are fully prepared to resume custody
 1039  of their children, the department and community-based care lead
 1040  agencies shall develop and support relationships between
 1041  caregivers and birth or legal parents of children in out-of-home
 1042  care, to the extent that it is safe and in the child’s best
 1043  interest, by:
 1044         1. Facilitating telephone communication between the
 1045  caregiver and the birth or legal parent as soon as possible
 1046  after the child is placed in the home of the caregiver.
 1047         2. Facilitating and attending an in-person meeting between
 1048  the caregiver and the birth or legal parent as soon as possible
 1049  after the child is placed in the home of the caregiver.
 1050         3. Developing and supporting a plan for the birth or legal
 1051  parent to participate in medical appointments, educational and
 1052  extracurricular activities, and other events involving the
 1053  child.
 1054         4. Facilitating participation by the caregiver in
 1055  visitation between the birth or legal parent and the child.
 1056         5. Involving the caregiver in planning meetings with the
 1057  birth or legal parent.
 1058         6. Developing and implementing effective transition plans
 1059  for the child’s return home or placement in any other living
 1060  environment.
 1061         7. Supporting continued contact between the caregiver and
 1062  the child after the child returns home or moves to another
 1063  permanent living arrangement.
 1064         (b) To ensure that a child in out-of-home care receives
 1065  support for healthy development which gives the child the best
 1066  possible opportunity for success, caregivers, birth or legal
 1067  parents, the department, and the community-based care lead
 1068  agency shall work cooperatively in a respectful partnership by
 1069  adhering to the following requirements:
 1070         1. All members of the partnership must interact and
 1071  communicate professionally with one another, must share all
 1072  relevant information promptly, and must respect the
 1073  confidentiality of all information related to the child and his
 1074  or her family.
 1075         2. The caregiver; the birth or legal parent; the child, if
 1076  appropriate; the department; and the community-based care lead
 1077  agency must participate in developing a case plan for the child
 1078  and the birth or legal parent. All members of the team must work
 1079  together to implement the case plan. The caregiver must have the
 1080  opportunity to participate in all team meetings or court
 1081  hearings related to the child’s care and future plans. The
 1082  department and community-based care lead agency must support and
 1083  facilitate caregiver participation through timely notification
 1084  of such meetings and hearings and provide alternative methods
 1085  for participation for a caregiver who cannot be physically
 1086  present at a meeting or hearing.
 1087         3. A caregiver must strive to provide, and the department
 1088  and community-based care lead agency must support, excellent
 1089  parenting, which includes:
 1090         a. A loving commitment to the child and the child’s safety
 1091  and well-being.
 1092         b. Appropriate supervision and positive methods of
 1093  discipline.
 1094         c. Encouragement of the child’s strengths.
 1095         d. Respect for the child’s individuality and likes and
 1096  dislikes.
 1097         e. Providing opportunities to develop the child’s interests
 1098  and skills.
 1099         f. Being aware of the impact of trauma on behavior.
 1100         g. Facilitating equal participation of the child in family
 1101  life.
 1102         h. Involving the child within his or her community.
 1103         i. A commitment to enable the child to lead a normal life.
 1104         4. A child in out-of-home care must be placed with a
 1105  caregiver who has the ability to care for the child, is willing
 1106  to accept responsibility for providing care, and is willing and
 1107  able to learn about and be respectful of the child’s culture,
 1108  religion, and ethnicity; special physical or psychological
 1109  needs; circumstances unique to the child; and family
 1110  relationships. The department, the community-based care lead
 1111  agency, and other agencies must provide a caregiver with all
 1112  available information necessary to assist the caregiver in
 1113  determining whether he or she is able to appropriately care for
 1114  a particular child.
 1115         5. A caregiver must have access to and take advantage of
 1116  all training that he or she needs to improve his or her skills
 1117  in parenting a child who has experienced trauma due to neglect,
 1118  abuse, or separation from home; to meet the child’s special
 1119  needs; and to work effectively with child welfare agencies, the
 1120  courts, the schools, and other community and governmental
 1121  agencies.
 1122         6. The department and community-based care lead agency must
 1123  provide a caregiver with the services and support they need to
 1124  enable them to provide quality care for the child pursuant to
 1125  subsection (3).
 1126         7. Once a caregiver accepts the responsibility of caring
 1127  for a child, the child may be removed from the home of the
 1128  caregiver only if:
 1129         a. The caregiver is clearly unable to safely or legally
 1130  care for the child;
 1131         b. The child and the birth or legal parent are reunified;
 1132         c. The child is being placed in a legally permanent home in
 1133  accordance with a case plan or court order; or
 1134         d. The removal is demonstrably in the best interests of the
 1135  child.
 1136         8. If a child must leave the caregiver’s home for one of
 1137  the reasons stated in subparagraph 7., and in the absence of an
 1138  unforeseeable emergency, the transition must be accomplished
 1139  according to a plan that involves cooperation and sharing of
 1140  information among all persons involved, respects the child’s
 1141  developmental stage and psychological needs, ensures the child
 1142  has all of his or her belongings, allows for a gradual
 1143  transition from the caregiver’s home, and, if possible, allows
 1144  for continued contact with the caregiver after the child leaves.
 1145         9. When the case plan for a child includes reunification,
 1146  the caregiver, the department, and the community-based care lead
 1147  agency must work together to assist the birth or legal parent in
 1148  improving his or her ability to care for and protect the child
 1149  and to provide continuity for the child.
 1150         10. A caregiver must respect and support the child’s ties
 1151  to his or her birth or legal family, including parents,
 1152  siblings, and extended family members, and must assist the child
 1153  in maintaining allowable visitation and other forms of
 1154  communication. The department and community-based care lead
 1155  agency must provide a caregiver with the information, guidance,
 1156  training, and support necessary for fulfilling this
 1157  responsibility.
 1158         11. A caregiver must work in partnership with the
 1159  department and community-based care lead agency to obtain and
 1160  maintain records that are important to the child’s well-being,
 1161  including, but not limited to, child resource records, medical
 1162  records, school records, photographs, and records of special
 1163  events and achievements.
 1164         12. A caregiver must advocate for a child in his or her
 1165  care with the child welfare system, the court, and community
 1166  agencies, including schools, child care providers, health and
 1167  mental health providers, and employers. The department and
 1168  community-based care lead agency must support a caregiver in
 1169  advocating for a child and may not retaliate against the
 1170  caregiver as a result of this advocacy.
 1171         13. A caregiver must be as fully involved in the child’s
 1172  medical, psychological, and dental care as he or she would be
 1173  for his or her biological child. The department and community
 1174  based care lead agency must support and facilitate such
 1175  participation. The caregiver, the department, and the community
 1176  based care lead agency must share information with each other
 1177  about the child’s health and well-being.
 1178         14. A caregiver must support a child’s school success,
 1179  including, when possible, maintaining school stability by
 1180  participating in school activities and meetings. The department
 1181  and community-based care lead agency must facilitate this
 1182  participation and be informed of the child’s progress and needs.
 1183         15. A caregiver must ensure that a child in his or her care
 1184  who is between 13 and 17 years of age learns and masters
 1185  independent living skills. The department shall make available
 1186  the training for caregivers developed in collaboration with the
 1187  Florida Foster and Adoptive Parent Association and the Quality
 1188  Parenting Initiative on the life skills necessary for children
 1189  in out-of-home care.
 1190         16. The case manager and case manager supervisor must
 1191  mediate disagreements that occur between a caregiver and the
 1192  birth or legal parent.
 1193         (c) An employee of a residential group home must meet the
 1194  background screening requirements under s. 39.0138 and the level
 1195  2 screening standards for screening under chapter 435. An
 1196  employee of a residential group home who works directly with a
 1197  child as a caregiver must meet, at a minimum, the same
 1198  education, training, background, and other screening
 1199  requirements as caregivers in family foster homes licensed as
 1200  level II under s. 409.175(5).
 1201         (3) RESOURCES AND SUPPORT FOR CAREGIVERS.—
 1202         (a) Foster parents.—The department shall establish the
 1203  Foster Information Center to connect current and former foster
 1204  parents, known as foster parent advocates, to prospective and
 1205  current foster parents in order to provide information and
 1206  services, including, but not limited to:
 1207         1. Navigating the application and approval process,
 1208  including timelines for each, preparing for transitioning from
 1209  approval for placement to accepting a child into the home, and
 1210  learning about and connecting with any available resources in
 1211  the prospective foster parent’s community.
 1212         2. Accessing available resources and services, including
 1213  those from the Florida Foster and Adoptive Parent Association,
 1214  for any current foster parents who need additional assistance.
 1215         3. Providing information specific to a foster parent’s
 1216  individual needs.
 1217         4. Providing immediate assistance when needed.
 1218         (b) Kinship caregivers.—
 1219         1. A community-based care lead agency shall provide a
 1220  caregiver with resources and supports that are available and
 1221  discuss whether the caregiver meets any eligibility criteria. If
 1222  the caregiver is unable to access resources and supports
 1223  beneficial to the well-being of the child, the community-based
 1224  care lead agency or case management agency must assist the
 1225  caregiver in initiating access to resources by:
 1226         a. Providing referrals to kinship navigation services.
 1227         b. Assisting with linkages to community resources and
 1228  completion of program applications.
 1229         c. Scheduling appointments.
 1230         d. Initiating contact with community service providers.
 1231         2. The community-based care lead agency shall provide each
 1232  caregiver with a telephone number to call during normal working
 1233  hours whenever immediate assistance is needed and the child’s
 1234  caseworker is unavailable. The telephone number must be staffed
 1235  and answered by individuals possessing the knowledge and
 1236  authority necessary to assist caregivers.
 1237         (4)(3) RULEMAKING.—The department shall adopt rules
 1238  necessary to administer this section.
 1239         Section 11. Section 409.1453, Florida Statutes, is
 1240  repealed.
 1241         Section 12. Section 409.1753, Florida Statutes, is
 1242  repealed.
 1243         Section 13. The Legislature recognizes that animal cruelty
 1244  of any kind is a type of interpersonal violence and often co
 1245  occurs with child abuse and other forms of family violence,
 1246  including elder abuse and domestic violence, and that early
 1247  identification of animal cruelty, including animal sexual abuse,
 1248  serves the purpose of providing an important tool to safeguard
 1249  children from abuse and neglect, to provide needed support to
 1250  families, and to protect animals.
 1251         Section 14. Section 827.071, Florida Statutes, is amended
 1252  to read:
 1253         827.071 Sexual performance by a child; penalties.—
 1254         (1) As used in this section, the following definitions
 1255  shall apply:
 1256         (a) “Deviate sexual intercourse” means sexual conduct
 1257  between persons not married to each other consisting of contact
 1258  between the penis and the anus, the mouth and the penis, or the
 1259  mouth and the vulva.
 1260         (b) “Intentionally view” means to deliberately,
 1261  purposefully, and voluntarily view. Proof of intentional viewing
 1262  requires establishing more than a single image, motion picture,
 1263  exhibition, show, image, data, computer depiction,
 1264  representation, or other presentation over any period of time.
 1265         (c) “Performance” means any play, motion picture,
 1266  photograph, or dance or any other visual representation
 1267  exhibited before an audience.
 1268         (d) “Promote” means to procure, manufacture, issue, sell,
 1269  give, provide, lend, mail, deliver, transfer, transmute,
 1270  publish, distribute, circulate, disseminate, present, exhibit,
 1271  or advertise or to offer or agree to do the same.
 1272         (e) “Sadomasochistic abuse” means flagellation or torture
 1273  by or upon a person, or the condition of being fettered, bound,
 1274  or otherwise physically restrained, for the purpose of deriving
 1275  sexual satisfaction from inflicting harm on another or receiving
 1276  such harm oneself.
 1277         (f) “Sexual battery” means oral, anal, or vaginal
 1278  penetration by, or union with, the sexual organ of another or
 1279  the anal or vaginal penetration of another by any other object;
 1280  however, “sexual battery” does not include an act done for a
 1281  bona fide medical purpose.
 1282         (g) “Sexual contact with an animal” has the same meaning as
 1283  in s. 828.126 when an adult encourages or forces such act to be
 1284  committed between a child and an animal bestiality” means any
 1285  sexual act between a person and an animal involving the sex
 1286  organ of the one and the mouth, anus, or vagina of the other.
 1287         (h) “Sexual conduct” means actual or simulated sexual
 1288  intercourse, deviate sexual intercourse, sexual contact with an
 1289  animal bestiality, masturbation, or sadomasochistic abuse;
 1290  actual lewd exhibition of the genitals; actual physical contact
 1291  with a person’s clothed or unclothed genitals, pubic area,
 1292  buttocks, or, if such person is a female, breast, with the
 1293  intent to arouse or gratify the sexual desire of either party;
 1294  or any act or conduct which constitutes sexual battery or
 1295  simulates that sexual battery is being or will be committed. A
 1296  mother’s breastfeeding of her baby does not under any
 1297  circumstance constitute “sexual conduct.”
 1298         (i) “Sexual performance” means any performance or part
 1299  thereof which includes sexual conduct by a child of less than 18
 1300  years of age.
 1301         (j) “Simulated” means the explicit depiction of conduct set
 1302  forth in paragraph (h) which creates the appearance of such
 1303  conduct and which exhibits any uncovered portion of the breasts,
 1304  genitals, or buttocks.
 1305         (2) A person is guilty of the use of a child in a sexual
 1306  performance if, knowing the character and content thereof, he or
 1307  she employs, authorizes, or induces a child less than 18 years
 1308  of age to engage in a sexual performance or, being a parent,
 1309  legal guardian, or custodian of such child, consents to the
 1310  participation by such child in a sexual performance. Whoever
 1311  violates this subsection is guilty of a felony of the second
 1312  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1313  775.084.
 1314         (3) A person is guilty of promoting a sexual performance by
 1315  a child when, knowing the character and content thereof, he or
 1316  she produces, directs, or promotes any performance which
 1317  includes sexual conduct by a child less than 18 years of age.
 1318  Whoever violates this subsection is guilty of a felony of the
 1319  second degree, punishable as provided in s. 775.082, s. 775.083,
 1320  or s. 775.084.
 1321         (4) It is unlawful for any person to possess with the
 1322  intent to promote any photograph, motion picture, exhibition,
 1323  show, representation, or other presentation which, in whole or
 1324  in part, includes any sexual conduct by a child. The possession
 1325  of three or more copies of such photograph, motion picture,
 1326  representation, or presentation is prima facie evidence of an
 1327  intent to promote. Whoever violates this subsection is guilty of
 1328  a felony of the second degree, punishable as provided in s.
 1329  775.082, s. 775.083, or s. 775.084.
 1330         (5)(a) It is unlawful for any person to knowingly possess,
 1331  control, or intentionally view a photograph, motion picture,
 1332  exhibition, show, representation, image, data, computer
 1333  depiction, or other presentation which, in whole or in part, he
 1334  or she knows to include any sexual conduct by a child. The
 1335  possession, control, or intentional viewing of each such
 1336  photograph, motion picture, exhibition, show, image, data,
 1337  computer depiction, representation, or presentation is a
 1338  separate offense. If such photograph, motion picture,
 1339  exhibition, show, representation, image, data, computer
 1340  depiction, or other presentation includes sexual conduct by more
 1341  than one child, then each such child in each such photograph,
 1342  motion picture, exhibition, show, representation, image, data,
 1343  computer depiction, or other presentation that is knowingly
 1344  possessed, controlled, or intentionally viewed is a separate
 1345  offense. A person who violates this subsection commits a felony
 1346  of the third degree, punishable as provided in s. 775.082, s.
 1347  775.083, or s. 775.084.
 1348         (b) This subsection does not apply to material possessed,
 1349  controlled, or intentionally viewed as part of a law enforcement
 1350  investigation.
 1351         (6) Prosecution of any person for an offense under this
 1352  section shall not prohibit prosecution of that person in this
 1353  state for a violation of any law of this state, including a law
 1354  providing for greater penalties than prescribed in this section
 1355  or any other crime punishing the sexual performance or the
 1356  sexual exploitation of children.
 1357         Section 15. Section 828.126, Florida Statutes, is amended
 1358  to read:
 1359         828.126 Sexual activities involving animals.—
 1360         (1) As used in this section, the term:
 1361         (a) “Animal husbandry” includes the day-to-day care of,
 1362  selective breeding of, and the raising of livestock that is
 1363  commonly defined as domesticated animals or animals raised for
 1364  agricultural purposes and that is located on land used for bona
 1365  fide agricultural purposes as defined in s. 193.461(3)(b)
 1366  “Sexual conduct” means any touching or fondling by a person,
 1367  either directly or through clothing, of the sex organs or anus
 1368  of an animal or any transfer or transmission of semen by the
 1369  person upon any part of the animal for the purpose of sexual
 1370  gratification or arousal of the person.
 1371         (b) “Sexual contact with an animal” means any act committed
 1372  between a person and an animal for the purpose of sexual
 1373  gratification, abuse, or financial gain which involves:
 1374         1. Contact between the sex organ or anus of one and the
 1375  mouth, sex organ, or anus of the other;
 1376         2. The fondling of the sex organ or anus of an animal; or
 1377         3. The insertion, however slight, of any part of the body
 1378  of a person or any object into the vaginal or anal opening of an
 1379  animal, or the insertion of any part of the body of an animal
 1380  into the vaginal or anal opening of a person contact, however
 1381  slight, between the mouth, sex organ, or anus of a person and
 1382  the sex organ or anus of an animal, or any penetration, however
 1383  slight, of any part of the body of the person into the sex organ
 1384  or anus of an animal, or any penetration of the sex organ or
 1385  anus of the person into the mouth of the animal, for the purpose
 1386  of sexual gratification or sexual arousal of the person.
 1387         (2) A person may not:
 1388         (a) Knowingly engage in any sexual conduct or sexual
 1389  contact with an animal;
 1390         (b) Knowingly cause, aid, or abet another person to engage
 1391  in any sexual conduct or sexual contact with an animal;
 1392         (c) Knowingly permit any sexual conduct or sexual contact
 1393  with an animal to be conducted on any premises under his or her
 1394  charge or control; or
 1395         (d) Knowingly organize, promote, conduct, advertise, aid,
 1396  abet, participate in as an observer, or advertise, offer,
 1397  solicit, or accept an offer of an animal for the purpose of
 1398  sexual contact with such animal, or perform any service in the
 1399  furtherance of an act involving any sexual conduct or sexual
 1400  contact with an animal for a commercial or recreational purpose.
 1401         (e)Knowingly film, distribute, or possess pornographic
 1402  images of a person and an animal engaged in any of the
 1403  activities prohibited by this section.
 1404         (3) A person who violates this section commits a felony of
 1405  the third misdemeanor of the first degree, punishable as
 1406  provided in s. 775.082, or s. 775.083, or s. 775.084.
 1407         (4)In addition to other penalties prescribed by law, the
 1408  court shall issue an order prohibiting a person convicted under
 1409  this section from harboring, owning, possessing, or exercising
 1410  control over any animal; from residing in any household where
 1411  animals are present; and from engaging in an occupation, whether
 1412  paid or unpaid, or participating in a volunteer position at any
 1413  establishment where animals are present. The order may be
 1414  effective for up to 5 years from the date of the conviction
 1415  regardless of whether adjudication is withheld.
 1416         (5)(4) This section does not apply to accepted animal
 1417  husbandry practices, accepted conformation judging practices, or
 1418  accepted veterinary medical practices, or artificial
 1419  insemination of an animal for reproductive purposes.
 1420         Section 16. Paragraph (a) of subsection (4) of section
 1421  828.27, Florida Statutes, is amended to read:
 1422         828.27 Local animal control or cruelty ordinances;
 1423  penalty.—
 1424         (4)(a)1. County-employed animal control officers must, and
 1425  municipally employed animal control officers may, successfully
 1426  complete a 40-hour minimum standards training course. Such
 1427  course must include, but is not limited to, training for: animal
 1428  cruelty investigations, search and seizure, animal handling,
 1429  courtroom demeanor, and civil citations. The course curriculum
 1430  must be approved by the Florida Animal Control Association. An
 1431  animal control officer who successfully completes such course
 1432  shall be issued a certificate indicating that he or she has
 1433  received a passing grade.
 1434         2.County-employed and municipally employed animal control
 1435  officers must successfully complete the 1-hour training course
 1436  developed by the Department of Children and Families and the
 1437  Florida Animal Control Association pursuant to s. 39.208(5).
 1438  Animal control officers must be provided with opportunities to
 1439  attend the training during their normal work hours.
 1440         3.2. Any animal control officer who is authorized before
 1441  January 1, 1990, by a county or municipality to issue citations
 1442  is not required to complete the minimum standards training
 1443  course.
 1444         4.3. In order to maintain valid certification, every 2
 1445  years each certified animal control officer must complete 4
 1446  hours of postcertification continuing education training. Such
 1447  training may include, but is not limited to, training for:
 1448  animal cruelty investigations, search and seizure, animal
 1449  handling, courtroom demeanor, and civil citations.
 1450         Section 17. Paragraph (f) of subsection (3) of section
 1451  921.0022, Florida Statutes, is amended to read:
 1452         921.0022 Criminal Punishment Code; offense severity ranking
 1453  chart.—
 1454         (3) OFFENSE SEVERITY RANKING CHART
 1455         (f) LEVEL 6
 1456  
 1457  FloridaStatute              FelonyDegree        Description        
 1458  316.027(2)(b)                    2nd     Leaving the scene of a crash involving serious bodily injury.
 1459  316.193(2)(b)                    3rd     Felony DUI, 4th or subsequent conviction.
 1460  400.9935(4)(c)                   2nd     Operating a clinic, or offering services requiring licensure, without a license.
 1461  499.0051(2)                      2nd     Knowing forgery of transaction history, transaction information, or transaction statement.
 1462  499.0051(3)                      2nd     Knowing purchase or receipt of prescription drug from unauthorized person.
 1463  499.0051(4)                      2nd     Knowing sale or transfer of prescription drug to unauthorized person.
 1464  775.0875(1)                      3rd     Taking firearm from law enforcement officer.
 1465  784.021(1)(a)                    3rd     Aggravated assault; deadly weapon without intent to kill.
 1466  784.021(1)(b)                    3rd     Aggravated assault; intent to commit felony.
 1467  784.041                          3rd     Felony battery; domestic battery by strangulation.
 1468  784.048(3)                       3rd     Aggravated stalking; credible threat.
 1469  784.048(5)                       3rd     Aggravated stalking of person under 16.
 1470  784.07(2)(c)                     2nd     Aggravated assault on law enforcement officer.
 1471  784.074(1)(b)                    2nd     Aggravated assault on sexually violent predators facility staff.
 1472  784.08(2)(b)                     2nd     Aggravated assault on a person 65 years of age or older.
 1473  784.081(2)                       2nd     Aggravated assault on specified official or employee.
 1474  784.082(2)                       2nd     Aggravated assault by detained person on visitor or other detainee.
 1475  784.083(2)                       2nd     Aggravated assault on code inspector.
 1476  787.02(2)                        3rd     False imprisonment; restraining with purpose other than those in s. 787.01.
 1477  790.115(2)(d)                    2nd     Discharging firearm or weapon on school property.
 1478  790.161(2)                       2nd     Make, possess, or throw destructive device with intent to do bodily harm or damage property.
 1479  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.
 1480  790.19                           2nd     Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
 1481  794.011(8)(a)                    3rd     Solicitation of minor to participate in sexual activity by custodial adult.
 1482  794.05(1)                        2nd     Unlawful sexual activity with specified minor.
 1483  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.
 1484  800.04(6)(b)                     2nd     Lewd or lascivious conduct; offender 18 years of age or older.
 1485  806.031(2)                       2nd     Arson resulting in great bodily harm to firefighter or any other person.
 1486  810.02(3)(c)                     2nd     Burglary of occupied structure; unarmed; no assault or battery.
 1487  810.145(8)(b)                    2nd     Video voyeurism; certain minor victims; 2nd or subsequent offense.
 1488  812.014(2)(b)1.                  2nd     Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
 1489  812.014(6)                       2nd     Theft; property stolen $3,000 or more; coordination of others.
 1490  812.015(9)(a)                    2nd     Retail theft; property stolen $750 or more; second or subsequent conviction.
 1491  812.015(9)(b)                    2nd     Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
 1492  812.13(2)(c)                     2nd     Robbery, no firearm or other weapon (strong-arm robbery).
 1493  817.4821(5)                      2nd     Possess cloning paraphernalia with intent to create cloned cellular telephones.
 1494  817.505(4)(b)                    2nd     Patient brokering; 10 or more patients.
 1495  825.102(1)                       3rd     Abuse of an elderly person or disabled adult.
 1496  825.102(3)(c)                    3rd     Neglect of an elderly person or disabled adult.
 1497  825.1025(3)                      3rd     Lewd or lascivious molestation of an elderly person or disabled adult.
 1498  825.103(3)(c)                    3rd     Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
 1499  827.03(2)(c)                     3rd     Abuse of a child.         
 1500  827.03(2)(d)                     3rd     Neglect of a child.       
 1501  827.071(2) & (3)                 2nd     Use or induce a child in a sexual performance, or promote or direct such performance.
 1502  828.126                          3rd     Sexual activities involving animals.
 1503  836.05                           2nd     Threats; extortion.       
 1504  836.10                           2nd     Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
 1505  843.12                           3rd     Aids or assists person to escape.
 1506  847.011                          3rd     Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
 1507  847.012                          3rd     Knowingly using a minor in the production of materials harmful to minors.
 1508  847.0135(2)                      3rd     Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
 1509  914.23                           2nd     Retaliation against a witness, victim, or informant, with bodily injury.
 1510  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.
 1511  944.40                           2nd     Escapes.                  
 1512  944.46                           3rd     Harboring, concealing, aiding escaped prisoners.
 1513  944.47(1)(a)5.                   2nd     Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
 1514  951.22(1)(i)                     3rd     Firearm or weapon introduced into county detention facility.
 1515         Section 18. Paragraph (c) is added to subsection (6) of
 1516  1012.795, Florida Statutes, to read:
 1517         1012.795 Education Practices Commission; authority to
 1518  discipline.—
 1519         (6)
 1520         (c)If the Department of Education determines that any
 1521  instructional personnel or school administrator, as defined in
 1522  s. 1012.01(2) or (3), respectively, has knowingly failed to
 1523  report known or suspected child abuse as required pursuant to s.
 1524  39.201, and the Education Practices Commission has issued a
 1525  final order for a previous instance of failure to report by the
 1526  individual, the Education Practices Commission shall, at a
 1527  minimum, suspend the educator certificate of the instructional
 1528  personnel or school administrator for a period of not less than
 1529  1 year.
 1530         Section 19. Subsection (6) of section 39.301, Florida
 1531  Statutes, is amended to read:
 1532         39.301 Initiation of protective investigations.—
 1533         (6) Upon commencing an investigation under this part, if a
 1534  report was received from a reporter under s. 39.201(1)(a)2. s.
 1535  39.201(1)(b), the protective investigator must provide his or
 1536  her contact information to the reporter within 24 hours after
 1537  being assigned to the investigation. The investigator must also
 1538  advise the reporter that he or she may provide a written summary
 1539  of the report made to the central abuse hotline to the
 1540  investigator which shall become a part of the electronic child
 1541  welfare case file.
 1542         Section 20. Paragraph (d) of subsection (4) of section
 1543  119.071, Florida Statutes, is amended to read:
 1544         119.071 General exemptions from inspection or copying of
 1545  public records.—
 1546         (4) AGENCY PERSONNEL INFORMATION.—
 1547         (d)1. For purposes of this paragraph, the term:
 1548         a. “Home addresses” means the dwelling location at which an
 1549  individual resides and includes the physical address, mailing
 1550  address, street address, parcel identification number, plot
 1551  identification number, legal property description, neighborhood
 1552  name and lot number, GPS coordinates, and any other descriptive
 1553  property information that may reveal the home address.
 1554         b. “Telephone numbers” includes home telephone numbers,
 1555  personal cellular telephone numbers, personal pager telephone
 1556  numbers, and telephone numbers associated with personal
 1557  communications devices.
 1558         2.a. The home addresses, telephone numbers, dates of birth,
 1559  and photographs of active or former sworn law enforcement
 1560  personnel or of active or former civilian personnel employed by
 1561  a law enforcement agency, including correctional and
 1562  correctional probation officers, personnel of the Department of
 1563  Children and Families whose duties include the investigation of
 1564  abuse, neglect, exploitation, fraud, theft, or other criminal
 1565  activities, personnel of the Department of Health whose duties
 1566  are to support the investigation of child abuse or neglect, and
 1567  personnel of the Department of Revenue or local governments
 1568  whose responsibilities include revenue collection and
 1569  enforcement or child support enforcement; the names, home
 1570  addresses, telephone numbers, photographs, dates of birth, and
 1571  places of employment of the spouses and children of such
 1572  personnel; and the names and locations of schools and day care
 1573  facilities attended by the children of such personnel are exempt
 1574  from s. 119.07(1) and s. 24(a), Art. I of the State
 1575  Constitution.
 1576         b. The home addresses, telephone numbers, dates of birth,
 1577  and photographs of current or former nonsworn investigative
 1578  personnel of the Department of Financial Services whose duties
 1579  include the investigation of fraud, theft, workers’ compensation
 1580  coverage requirements and compliance, other related criminal
 1581  activities, or state regulatory requirement violations; the
 1582  names, home addresses, telephone numbers, dates of birth, and
 1583  places of employment of the spouses and children of such
 1584  personnel; and the names and locations of schools and day care
 1585  facilities attended by the children of such personnel are exempt
 1586  from s. 119.07(1) and s. 24(a), Art. I of the State
 1587  Constitution.
 1588         c. The home addresses, telephone numbers, dates of birth,
 1589  and photographs of current or former nonsworn investigative
 1590  personnel of the Office of Financial Regulation’s Bureau of
 1591  Financial Investigations whose duties include the investigation
 1592  of fraud, theft, other related criminal activities, or state
 1593  regulatory requirement violations; the names, home addresses,
 1594  telephone numbers, dates of birth, and places of employment of
 1595  the spouses and children of such personnel; and the names and
 1596  locations of schools and day care facilities attended by the
 1597  children of such personnel are exempt from s. 119.07(1) and s.
 1598  24(a), Art. I of the State Constitution.
 1599         d. The home addresses, telephone numbers, dates of birth,
 1600  and photographs of current or former firefighters certified in
 1601  compliance with s. 633.408; the names, home addresses, telephone
 1602  numbers, photographs, dates of birth, and places of employment
 1603  of the spouses and children of such firefighters; and the names
 1604  and locations of schools and day care facilities attended by the
 1605  children of such firefighters are exempt from s. 119.07(1) and
 1606  s. 24(a), Art. I of the State Constitution.
 1607         e. The home addresses, dates of birth, and telephone
 1608  numbers of current or former justices of the Supreme Court,
 1609  district court of appeal judges, circuit court judges, and
 1610  county court judges; the names, home addresses, telephone
 1611  numbers, dates of birth, and places of employment of the spouses
 1612  and children of current or former justices and judges; and the
 1613  names and locations of schools and day care facilities attended
 1614  by the children of current or former justices and judges are
 1615  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1616  Constitution.
 1617         f. The home addresses, telephone numbers, dates of birth,
 1618  and photographs of current or former state attorneys, assistant
 1619  state attorneys, statewide prosecutors, or assistant statewide
 1620  prosecutors; the names, home addresses, telephone numbers,
 1621  photographs, dates of birth, and places of employment of the
 1622  spouses and children of current or former state attorneys,
 1623  assistant state attorneys, statewide prosecutors, or assistant
 1624  statewide prosecutors; and the names and locations of schools
 1625  and day care facilities attended by the children of current or
 1626  former state attorneys, assistant state attorneys, statewide
 1627  prosecutors, or assistant statewide prosecutors are exempt from
 1628  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 1629         g. The home addresses, dates of birth, and telephone
 1630  numbers of general magistrates, special magistrates, judges of
 1631  compensation claims, administrative law judges of the Division
 1632  of Administrative Hearings, and child support enforcement
 1633  hearing officers; the names, home addresses, telephone numbers,
 1634  dates of birth, and places of employment of the spouses and
 1635  children of general magistrates, special magistrates, judges of
 1636  compensation claims, administrative law judges of the Division
 1637  of Administrative Hearings, and child support enforcement
 1638  hearing officers; and the names and locations of schools and day
 1639  care facilities attended by the children of general magistrates,
 1640  special magistrates, judges of compensation claims,
 1641  administrative law judges of the Division of Administrative
 1642  Hearings, and child support enforcement hearing officers are
 1643  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1644  Constitution.
 1645         h. The home addresses, telephone numbers, dates of birth,
 1646  and photographs of current or former human resource, labor
 1647  relations, or employee relations directors, assistant directors,
 1648  managers, or assistant managers of any local government agency
 1649  or water management district whose duties include hiring and
 1650  firing employees, labor contract negotiation, administration, or
 1651  other personnel-related duties; the names, home addresses,
 1652  telephone numbers, dates of birth, and places of employment of
 1653  the spouses and children of such personnel; and the names and
 1654  locations of schools and day care facilities attended by the
 1655  children of such personnel are exempt from s. 119.07(1) and s.
 1656  24(a), Art. I of the State Constitution.
 1657         i. The home addresses, telephone numbers, dates of birth,
 1658  and photographs of current or former code enforcement officers;
 1659  the names, home addresses, telephone numbers, dates of birth,
 1660  and places of employment of the spouses and children of such
 1661  personnel; and the names and locations of schools and day care
 1662  facilities attended by the children of such personnel are exempt
 1663  from s. 119.07(1) and s. 24(a), Art. I of the State
 1664  Constitution.
 1665         j. The home addresses, telephone numbers, places of
 1666  employment, dates of birth, and photographs of current or former
 1667  guardians ad litem, as defined in s. 39.820; the names, home
 1668  addresses, telephone numbers, dates of birth, and places of
 1669  employment of the spouses and children of such persons; and the
 1670  names and locations of schools and day care facilities attended
 1671  by the children of such persons are exempt from s. 119.07(1) and
 1672  s. 24(a), Art. I of the State Constitution.
 1673         k. The home addresses, telephone numbers, dates of birth,
 1674  and photographs of current or former juvenile probation
 1675  officers, juvenile probation supervisors, detention
 1676  superintendents, assistant detention superintendents, juvenile
 1677  justice detention officers I and II, juvenile justice detention
 1678  officer supervisors, juvenile justice residential officers,
 1679  juvenile justice residential officer supervisors I and II,
 1680  juvenile justice counselors, juvenile justice counselor
 1681  supervisors, human services counselor administrators, senior
 1682  human services counselor administrators, rehabilitation
 1683  therapists, and social services counselors of the Department of
 1684  Juvenile Justice; the names, home addresses, telephone numbers,
 1685  dates of birth, and places of employment of spouses and children
 1686  of such personnel; and the names and locations of schools and
 1687  day care facilities attended by the children of such personnel
 1688  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1689  Constitution.
 1690         l. The home addresses, telephone numbers, dates of birth,
 1691  and photographs of current or former public defenders, assistant
 1692  public defenders, criminal conflict and civil regional counsel,
 1693  and assistant criminal conflict and civil regional counsel; the
 1694  names, home addresses, telephone numbers, dates of birth, and
 1695  places of employment of the spouses and children of current or
 1696  former public defenders, assistant public defenders, criminal
 1697  conflict and civil regional counsel, and assistant criminal
 1698  conflict and civil regional counsel; and the names and locations
 1699  of schools and day care facilities attended by the children of
 1700  current or former public defenders, assistant public defenders,
 1701  criminal conflict and civil regional counsel, and assistant
 1702  criminal conflict and civil regional counsel are exempt from s.
 1703  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1704         m. The home addresses, telephone numbers, dates of birth,
 1705  and photographs of current or former investigators or inspectors
 1706  of the Department of Business and Professional Regulation; the
 1707  names, home addresses, telephone numbers, dates of birth, and
 1708  places of employment of the spouses and children of such current
 1709  or former investigators and inspectors; and the names and
 1710  locations of schools and day care facilities attended by the
 1711  children of such current or former investigators and inspectors
 1712  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1713  Constitution.
 1714         n. The home addresses, telephone numbers, and dates of
 1715  birth of county tax collectors; the names, home addresses,
 1716  telephone numbers, dates of birth, and places of employment of
 1717  the spouses and children of such tax collectors; and the names
 1718  and locations of schools and day care facilities attended by the
 1719  children of such tax collectors are exempt from s. 119.07(1) and
 1720  s. 24(a), Art. I of the State Constitution.
 1721         o. The home addresses, telephone numbers, dates of birth,
 1722  and photographs of current or former personnel of the Department
 1723  of Health whose duties include, or result in, the determination
 1724  or adjudication of eligibility for social security disability
 1725  benefits, the investigation or prosecution of complaints filed
 1726  against health care practitioners, or the inspection of health
 1727  care practitioners or health care facilities licensed by the
 1728  Department of Health; the names, home addresses, telephone
 1729  numbers, dates of birth, and places of employment of the spouses
 1730  and children of such personnel; and the names and locations of
 1731  schools and day care facilities attended by the children of such
 1732  personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of
 1733  the State Constitution.
 1734         p. The home addresses, telephone numbers, dates of birth,
 1735  and photographs of current or former impaired practitioner
 1736  consultants who are retained by an agency or current or former
 1737  employees of an impaired practitioner consultant whose duties
 1738  result in a determination of a person’s skill and safety to
 1739  practice a licensed profession; the names, home addresses,
 1740  telephone numbers, dates of birth, and places of employment of
 1741  the spouses and children of such consultants or their employees;
 1742  and the names and locations of schools and day care facilities
 1743  attended by the children of such consultants or employees are
 1744  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1745  Constitution.
 1746         q. The home addresses, telephone numbers, dates of birth,
 1747  and photographs of current or former emergency medical
 1748  technicians or paramedics certified under chapter 401; the
 1749  names, home addresses, telephone numbers, dates of birth, and
 1750  places of employment of the spouses and children of such
 1751  emergency medical technicians or paramedics; and the names and
 1752  locations of schools and day care facilities attended by the
 1753  children of such emergency medical technicians or paramedics are
 1754  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1755  Constitution.
 1756         r. The home addresses, telephone numbers, dates of birth,
 1757  and photographs of current or former personnel employed in an
 1758  agency’s office of inspector general or internal audit
 1759  department whose duties include auditing or investigating waste,
 1760  fraud, abuse, theft, exploitation, or other activities that
 1761  could lead to criminal prosecution or administrative discipline;
 1762  the names, home addresses, telephone numbers, dates of birth,
 1763  and places of employment of spouses and children of such
 1764  personnel; and the names and locations of schools and day care
 1765  facilities attended by the children of such personnel are exempt
 1766  from s. 119.07(1) and s. 24(a), Art. I of the State
 1767  Constitution.
 1768         s. The home addresses, telephone numbers, dates of birth,
 1769  and photographs of current or former directors, managers,
 1770  supervisors, nurses, and clinical employees of an addiction
 1771  treatment facility; the home addresses, telephone numbers,
 1772  photographs, dates of birth, and places of employment of the
 1773  spouses and children of such personnel; and the names and
 1774  locations of schools and day care facilities attended by the
 1775  children of such personnel are exempt from s. 119.07(1) and s.
 1776  24(a), Art. I of the State Constitution. For purposes of this
 1777  sub-subparagraph, the term “addiction treatment facility” means
 1778  a county government, or agency thereof, that is licensed
 1779  pursuant to s. 397.401 and provides substance abuse prevention,
 1780  intervention, or clinical treatment, including any licensed
 1781  service component described in s. 397.311(26).
 1782         t. The home addresses, telephone numbers, dates of birth,
 1783  and photographs of current or former directors, managers,
 1784  supervisors, and clinical employees of a child advocacy center
 1785  that meets the standards of s. 39.3035(2) s. 39.3035(1) and
 1786  fulfills the screening requirement of s. 39.3035(3) s.
 1787  39.3035(2), and the members of a Child Protection Team as
 1788  described in s. 39.303 whose duties include supporting the
 1789  investigation of child abuse or sexual abuse, child abandonment,
 1790  child neglect, and child exploitation or to provide services as
 1791  part of a multidisciplinary case review team; the names, home
 1792  addresses, telephone numbers, photographs, dates of birth, and
 1793  places of employment of the spouses and children of such
 1794  personnel and members; and the names and locations of schools
 1795  and day care facilities attended by the children of such
 1796  personnel and members are exempt from s. 119.07(1) and s. 24(a),
 1797  Art. I of the State Constitution.
 1798         3. An agency that is the custodian of the information
 1799  specified in subparagraph 2. and that is not the employer of the
 1800  officer, employee, justice, judge, or other person specified in
 1801  subparagraph 2. shall maintain the exempt status of that
 1802  information only if the officer, employee, justice, judge, other
 1803  person, or employing agency of the designated employee submits a
 1804  written request for maintenance of the exemption to the
 1805  custodial agency.
 1806         4. An officer, an employee, a justice, a judge, or other
 1807  person specified in subparagraph 2. may submit a written request
 1808  for the release of his or her exempt information to the
 1809  custodial agency. The written request must be notarized and must
 1810  specify the information to be released and the party that is
 1811  authorized to receive the information. Upon receipt of the
 1812  written request, the custodial agency shall release the
 1813  specified information to the party authorized to receive such
 1814  information.
 1815         5. The exemptions in this paragraph apply to information
 1816  held by an agency before, on, or after the effective date of the
 1817  exemption.
 1818         6. This paragraph is subject to the Open Government Sunset
 1819  Review Act in accordance with s. 119.15 and shall stand repealed
 1820  on October 2, 2024, unless reviewed and saved from repeal
 1821  through reenactment by the Legislature.
 1822         Section 21. Subsection (4) of section 322.09, Florida
 1823  Statutes, is amended to read:
 1824         322.09 Application of minors; responsibility for negligence
 1825  or misconduct of minor.—
 1826         (4) Notwithstanding subsections (1) and (2), if a caregiver
 1827  of a minor who is under the age of 18 years and is in out-of
 1828  home care as defined in s. 39.01 s. 39.01(55), an authorized
 1829  representative of a residential group home at which such a minor
 1830  resides, the caseworker at the agency at which the state has
 1831  placed the minor, or a guardian ad litem specifically authorized
 1832  by the minor’s caregiver to sign for a learner’s driver license
 1833  signs the minor’s application for a learner’s driver license,
 1834  that caregiver, group home representative, caseworker, or
 1835  guardian ad litem does not assume any obligation or become
 1836  liable for any damages caused by the negligence or willful
 1837  misconduct of the minor by reason of having signed the
 1838  application. Before signing the application, the caseworker,
 1839  authorized group home representative, or guardian ad litem shall
 1840  notify the caregiver or other responsible party of his or her
 1841  intent to sign and verify the application.
 1842         Section 22. Paragraph (g) of subsection (2) of section
 1843  934.03, Florida Statutes, is amended to read:
 1844         934.03 Interception and disclosure of wire, oral, or
 1845  electronic communications prohibited.—
 1846         (2)
 1847         (g) It is lawful under this section and ss. 934.04-934.09
 1848  for an employee of:
 1849         1. An ambulance service licensed pursuant to s. 401.25, a
 1850  fire station employing firefighters as defined by s. 633.102, a
 1851  public utility, a law enforcement agency as defined by s.
 1852  934.02(10), or any other entity with published emergency
 1853  telephone numbers;
 1854         2. An agency operating an emergency telephone number “911”
 1855  system established pursuant to s. 365.171; or
 1856         3. The central abuse hotline operated pursuant to s. 39.101
 1857  s. 39.201
 1858  
 1859  to intercept and record incoming wire communications; however,
 1860  such employee may intercept and record incoming wire
 1861  communications on designated “911” telephone numbers and
 1862  published nonemergency telephone numbers staffed by trained
 1863  dispatchers at public safety answering points only. It is also
 1864  lawful for such employee to intercept and record outgoing wire
 1865  communications to the numbers from which such incoming wire
 1866  communications were placed when necessary to obtain information
 1867  required to provide the emergency services being requested. For
 1868  the purpose of this paragraph, the term “public utility” has the
 1869  same meaning as provided in s. 366.02 and includes a person,
 1870  partnership, association, or corporation now or hereafter owning
 1871  or operating equipment or facilities in the state for conveying
 1872  or transmitting messages or communications by telephone or
 1873  telegraph to the public for compensation.
 1874         Section 23. This act shall take effect October 1, 2021.

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