Bill Text: FL S1214 | 2019 | Regular Session | Comm Sub
Bill Title: Child Abuse, Abandonment, and Neglect
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Judiciary [S1214 Detail]
Download: Florida-2019-S1214-Comm_Sub.html
Florida Senate - 2019 CS for SB 1214 By the Committee on Children, Families, and Elder Affairs; and Senator Book 586-03486-19 20191214c1 1 A bill to be entitled 2 An act relating to child abuse, abandonment, and 3 neglect; amending s. 39.01, F.S.; deleting the term 4 “juvenile sexual abuse”; defining the term “child-on 5 child sexual abuse”; creating s. 39.101, F.S.; 6 relocating provisions relating to the central abuse 7 hotline of the Department of Children and Families; 8 providing additional requirements relating to the 9 hotline; amending s. 39.201, F.S.; requiring animal 10 control officers and certain agents to provide their 11 names to hotline staff; revising requirements relating 12 to reports of abuse involving impregnation of 13 children; amending s. 39.302, F.S.; conforming a 14 cross-reference; relocating provisions relating to the 15 representation of alleged perpetrators in 16 institutional investigations; creating s. 828.075, 17 F.S.; providing a purpose; requiring individuals who 18 are required to investigate child abuse, abandonment, 19 or neglect to also report certain animal abuse to 20 specified persons or agencies; requiring that the 21 report include certain information; providing a 22 criminal penalty for knowingly and willfully failing 23 to make such report; requiring the department to 24 include certain training in the training program for 25 persons required to investigate child abuse, 26 abandonment, or neglect; amending s. 828.27, F.S.; 27 requiring training for animal control officers to 28 include training for detecting child abuse, neglect, 29 and abandonment; amending s. 39.307, F.S.; conforming 30 provisions to changes made by the act; amending ss. 31 39.301 and 934.03, F.S.; conforming cross-references; 32 providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Present subsections (8) through (12) of section 37 39.01, Florida Statutes, are redesignated as subsections (7) 38 through (11), respectively, a new subsection (12) is added to 39 that section, and present subsection (7) of that section is 40 amended, to read: 41 39.01 Definitions.—When used in this chapter, unless the 42 context otherwise requires: 43(7) “Juvenile sexual abuse” means any sexual behavior by a44child which occurs without consent, without equality, or as a45result of coercion. For purposes of this subsection, the46following definitions apply:47(a) “Coercion” means the exploitation of authority or the48use of bribes, threats of force, or intimidation to gain49cooperation or compliance.50(b) “Equality” means two participants operating with the51same level of power in a relationship, neither being controlled52nor coerced by the other.53(c) “Consent” means an agreement, including all of the54following:551. Understanding what is proposed based on age, maturity,56developmental level, functioning, and experience.572. Knowledge of societal standards for what is being58proposed.593. Awareness of potential consequences and alternatives.604. Assumption that agreement or disagreement will be61accepted equally.625. Voluntary decision.636. Mental competence.64 65Juvenile sexual behavior ranges from noncontact sexual behavior66such as making obscene phone calls, exhibitionism, voyeurism,67and the showing or taking of lewd photographs to varying degrees68of direct sexual contact, such as frottage, fondling, digital69penetration, rape, fellatio, sodomy, and various other sexually70aggressive acts.71 (12)(a) “Child-on-child sexual abuse” means sexual activity 72 between children and without the direct involvement of an adult 73 which: 74 1. Is overt and deliberate; 75 2. Is directed at sexual stimulation; and 76 3.a. Occurs without consent or without equality mentally, 77 physically, or in age; or 78 b. Occurs as a result of physical or emotional coercion. 79 (b) For purposes of this subsection, the following 80 definitions apply: 81 1. “Coercion” means the exploitation of authority or the 82 use of bribes, threats of force, or intimidation to gain 83 cooperation or compliance. 84 2. “Consent” means an agreement including all of the 85 following: 86 a. Understanding of what is proposed which is based on age, 87 maturity, and developmental level. 88 b. Knowledge of societal standards for what is being 89 proposed. 90 c. Awareness of the potential consequences. 91 d. Assumption that participation or non-participation will 92 be accepted equally. 93 e. Voluntary decision. 94 f. Mental competence. 95 3. “Equality” means two participants operating with the 96 same level of power in a relationship, without one being 97 controlled or coerced by the other. 98 99 The term includes both noncontact sexual behavior, such as 100 making obscene phone calls, exhibitionism, voyeurism, and the 101 showing or taking of lewd photographs, and direct sexual 102 contact, such as frottage, fondling, digital penetration, rape, 103 fellatio, sodomy, and various other sexually aggressive acts. 104 Child-on-child sexual abuse does not include normative sexual 105 play or anatomical curiosity and exploration. 106 Section 2. Section 39.101, Florida Statutes, is created to 107 read: 108 39.101 Central abuse hotline.—The central abuse hotline is 109 the first step in the safety assessment and investigation 110 process. 111 (1) ESTABLISHMENT AND OPERATION.—The department shall 112 establish and maintain a central abuse hotline capable of 113 receiving, 24 hours a day, 7 days a week, all reports of known 114 or suspected child abuse, abandonment, or neglect and reports 115 that a child is in need of supervision and care and has no 116 parent, legal custodian, or responsible adult relative 117 immediately known and available to provide supervision and care 118 when such reports are made pursuant to s. 39.201. Reports may be 119 made in writing, through a single statewide toll-free telephone 120 number, or through electronic reporting. Any person may use any 121 of these methods to make a report at any hour of the day or 122 night, on any day of the week. 123 (a) If it appears that the immediate safety or well-being 124 of a child is endangered, that the family may flee or the child 125 will be unavailable for purposes of conducting a child 126 protective investigation, or that the facts otherwise so 127 warrant, the department must commence an investigation 128 immediately, regardless of the time of day or night. 129 (b) In all other child abuse, abandonment, or neglect 130 cases, a child protective investigation must be commenced within 131 24 hours after receipt of the report. 132 (2) GENERAL REQUIREMENTS.—The central abuse hotline must be 133 operated in such a manner as to enable the department to: 134 (a) Accept reports for investigation when there is a 135 reasonable cause to suspect that a child has been or is being 136 abused or neglected or has been abandoned. 137 (b) Determine whether the allegations made by the reporter 138 require an immediate or a 24-hour response priority. 139 (c) Immediately identify and locate prior reports or cases 140 of child abuse, abandonment, or neglect through the use of the 141 department’s automated tracking system. 142 (d) Track critical steps in the investigative process to 143 ensure compliance with all requirements for any report of abuse, 144 abandonment, or neglect. 145 (e) When appropriate, refer calls that do not allege the 146 abuse, neglect, or abandonment of a child to other organizations 147 that may better resolve the reporter’s concerns. 148 (f) Serve as a resource for the evaluation, management, and 149 planning of preventive and remedial services for children who 150 have been subject to abuse, abandonment, or neglect. 151 (g) Initiate and enter into agreements with other states 152 for the purposes of gathering and sharing information contained 153 in reports on child maltreatment to further enhance programs for 154 the protection of children. 155 156 The department shall promote public awareness of the central 157 abuse hotline through community-based partner organizations and 158 public service campaigns. 159 (3) COLLECTION OF INFORMATION AND DATA.—The department 160 shall: 161 (a) Voice-record all incoming or outgoing calls that are 162 received or placed by the central abuse hotline which relate to 163 suspected or known child abuse, neglect, or abandonment. The 164 department shall maintain an electronic copy of each electronic 165 report. The recording or electronic copy of each electronic 166 report must become a part of the record of the report but, 167 notwithstanding s. 39.202, must be released in full only to law 168 enforcement agencies and state attorneys for the purposes of 169 investigating and prosecuting criminal charges pursuant to s. 170 39.205, or to employees of the department for the purposes of 171 investigating and seeking administrative penalties pursuant to 172 s. 39.206. This paragraph does not prohibit hotline staff from 173 using the recordings or the electronic reports for quality 174 assurance or training. 175 (b) Secure and install electronic equipment that 176 automatically provides to the hotline the number from which the 177 call or fax is placed or the Internet protocol address from 178 which the report is received. This number shall be entered into 179 the report of abuse, abandonment, or neglect and become a part 180 of the record of the report, but shall enjoy the same 181 confidentiality as provided to the identity of the reporter 182 pursuant to s. 39.202. 183 (c)1. Update the web form used for reporting child abuse, 184 abandonment, or neglect to include qualifying questions in order 185 to obtain necessary information required to assess need and a 186 response. 187 2. The report must be made available to the counselors in 188 its entirety as needed to update the Florida Safe Families 189 Network or other similar systems. 190 (d) Monitor and evaluate the effectiveness of the 191 department’s program for the reporting and investigating of 192 suspected abuse, abandonment, or neglect of children through the 193 development and analysis of statistical and other information. 194 (e) Maintain and produce aggregate statistical reports 195 monitoring patterns of child abuse, child abandonment, and child 196 neglect. The department shall collect and analyze child-on-child 197 sexual abuse reports and include such information in the 198 aggregate statistical reports. The department shall collect and 199 analyze, in separate statistical reports, those reports of child 200 abuse and sexual abuse which are reported from or which occurred 201 on the campus of any Florida College System institution or state 202 university, as those terms are defined in s. 1000.21, or any 203 school, as defined in s. 1005.02. 204 (4) EMPLOYMENT SCREENING.—Information received by the 205 central abuse hotline may not be used for employment screening, 206 except as provided in s. 39.202(2)(a) and (h) or s. 402.302(15). 207 (a) Information in the central abuse hotline and the 208 department’s automated abuse information system may be used by 209 the department, its authorized agents or contract providers, the 210 Department of Health, or county agencies as part of the 211 licensure or registration process pursuant to ss. 402.301 212 402.319 and ss. 409.175-409.176. 213 (b) Information in the central abuse hotline may also be 214 used by the Department of Education for purposes of educator 215 certification discipline and review pursuant to s. 39.202(2)(q). 216 (5) QUALITY ASSURANCE.—On an ongoing basis, the 217 department’s quality assurance program shall review screened-out 218 reports involving three or more unaccepted reports on a single 219 child, where jurisdiction applies, in order to detect such 220 things as harassment and situations that warrant an 221 investigation because of the frequency of the reports or the 222 variety of the sources of the reports. A component of the 223 quality assurance program must analyze unaccepted reports to the 224 hotline by identified relatives as a part of the review of 225 screened-out calls. The Assistant Secretary for Child Welfare 226 may refer a case for investigation when it is determined, as a 227 result of such review, that an investigation may be warranted. 228 Section 3. Section 39.201, Florida Statutes, is amended to 229 read: 230 (Substantial rewording of section. See 231 s. 39.201, F.S., for present text.) 232 39.201 Mandatory reports of child abuse, abandonment, or 233 neglect; mandatory reports of death; central abuse hotline.— 234 (1) MANDATORY REPORTING.— 235 (a) Any person who knows, or has reasonable cause to 236 suspect, that any of the following has occurred shall report 237 such knowledge or suspicion to the central abuse hotline on the 238 single statewide toll-free telephone number or by electronic 239 report pursuant to s. 39.101: 240 1. Child abuse, neglect, or abandonment by a parent or 241 caregiver.—A child is abused, abandoned, or neglected by a 242 parent, legal custodian, caregiver, or other person responsible 243 for the child’s welfare, or that a child is in need of 244 supervision and care and has no parent, legal custodian, or 245 responsible adult relative immediately known and available to 246 provide supervision and care. 247 a. Personnel at the department’s central abuse hotline 248 shall determine if the report received meets the statutory 249 definition of child abuse, abandonment, or neglect. Any report 250 meeting one of these definitions must be accepted for protective 251 investigation pursuant to part III of this chapter. 252 b. Any call received from a parent or legal custodian 253 seeking assistance for himself or herself which does not meet 254 the criteria for being a report of child abuse, abandonment, or 255 neglect may be accepted by the hotline for response to 256 ameliorate a potential future risk of harm to a child. 257 c. If it is determined by a child welfare professional that 258 a need for community services exists, the department must refer 259 the parent or legal custodian for appropriate voluntary 260 community services. 261 2. Child abuse by a non-caregiver.—A child is abused by an 262 adult other than a parent, legal custodian, caregiver, or other 263 person responsible for the child’s welfare. Such reports must be 264 immediately electronically transferred to the appropriate county 265 sheriff’s office by the central abuse hotline. 266 3. Child-on-child sexual abuse.—A child, including a child 267 who is in the custody of the department, is the victim of child 268 on-child sexual abuse. 269 a. The central abuse hotline shall immediately 270 electronically transfer the report to the appropriate county 271 sheriff’s office. The department shall conduct an assessment, 272 assist the family in receiving appropriate services pursuant to 273 s. 39.307, and send a written report of the allegation to the 274 appropriate county sheriff’s office within 48 hours after the 275 initial report is made to the central abuse hotline. 276 b. The department shall ensure that the facts and results 277 of any investigation of child-on-child sexual abuse involving a 278 child in the custody of or under the protective supervision of 279 the department are made known to the court at the next hearing 280 or included in the next report to the court concerning the 281 child. 282 (b) While central abuse hotline counselors are required to 283 receive periodic training in encouraging all reporters to 284 provide their names when making a report and are required to 285 advise callers that the names of reporters must be entered into 286 the record of the report but are held confidential and exempt as 287 provided in s. 39.202, any reporter in the following 288 occupational categories is required to provide his or her name 289 to the central abuse hotline staff: 290 1. Physician, osteopathic physician, medical examiner, 291 chiropractic physician, nurse, or hospital personnel engaged in 292 the admission, examination, care, or treatment of persons; 293 2. Health professional or mental health professional other 294 than ones listed in subparagraph 1.; 295 3. Practitioner who relies solely on spiritual means for 296 healing; 297 4. School teacher or other school official or personnel; 298 5. Social worker, day care center worker, or other 299 professional child care worker, foster care worker, residential 300 worker, or institutional worker; 301 6. Law enforcement officer; 302 7. Judge; or 303 8. Animal control officer as defined in s. 828.27 or agents 304 appointed under s. 828.03. 305 (2) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.— 306 (a) Abuse occurring out of state.—If a report is of an 307 instance of known or suspected child abuse, abandonment, or 308 neglect that occurred out of state and the alleged perpetrator 309 and the child alleged to be a victim live out of state, the 310 central abuse hotline may not accept the report or call for 311 investigation and shall transfer the information on the report 312 to the appropriate state. 313 (b) Abuse involving impregnation of a child.—If the report 314 is of an instance of known or suspected child abuse involving 315 impregnation of a child under 16 years of age by a person 21 316 years of age or older solely under s. 827.04(3), and such person 317 is not a caregiver, the report must be immediately 318 electronically transferred to the appropriate county sheriff’s 319 office by the central abuse hotline. 320 (c) Institutional child abuse or neglect.—Reports involving 321 known or suspected institutional child abuse or neglect, as 322 defined in s. 39.01, must be made and received in the same 323 manner as all other reports made pursuant to this section. 324 (d) Surrendered newborn infants.—Reports involving 325 surrendered newborn infants as described in s. 383.50 must be 326 made and received by the department. 327 1. If the report is of a surrendered newborn infant as 328 described in s. 383.50 and there is no indication of abuse, 329 neglect, or abandonment other than that necessarily entailed in 330 the infant having been left at a hospital, emergency medical 331 services station, or fire station, the department shall provide 332 to the caller the name of a licensed child-placing agency on a 333 rotating basis from a list of licensed child-placing agencies 334 eligible and required to accept physical custody of and to place 335 newborn infants left at a hospital, emergency medical services 336 station, or fire station. The report may not be considered a 337 report of abuse, neglect, or abandonment solely because the 338 infant has been left at a hospital, emergency medical services 339 station, or fire station pursuant to s. 383.50. 340 2. If the report includes indications of abuse or neglect 341 beyond that necessarily entailed in the infant having been left 342 at a hospital, emergency medical services station, or fire 343 station, the report must be considered as a report of abuse, 344 neglect, or abandonment and must be subject to the requirements 345 of s. 39.395 and all other relevant provisions of this chapter, 346 notwithstanding chapter 383. 347 (3) EXCEPTIONS TO REPORTING.— 348 (a) An additional report of child abuse, abandonment, or 349 neglect does not have to be made by: 350 1. A professional who is hired by or who enters into a 351 contract with the department for the purpose of treating or 352 counseling any person as a result of a report of child abuse, 353 abandonment, or neglect if such person was the subject of the 354 referral for treatment. 355 2. An officer or employee of the judicial branch when the 356 child is currently being investigated by the department, when 357 there is an existing dependency case, or when the matter has 358 previously been reported to the department, if there is 359 reasonable cause to believe that the information is already 360 known to the department. This subparagraph applies only when the 361 information has been provided to the officer or employee in the 362 course of carrying out his or her official duties. 363 3. An officer or employee of a law enforcement agency when 364 the incident under investigation by the law enforcement agency 365 was reported to law enforcement by the central abuse hotline 366 through the electronic transfer of the report or call. The 367 department’s central abuse hotline is not required to 368 electronically transfer calls and reports received pursuant to 369 paragraph (2)(b) to the county sheriff’s office if the matter 370 was initially reported to the department by the county sheriff’s 371 office or by another law enforcement agency. This subparagraph 372 applies only when the information related to the alleged child 373 abuse has been provided to the officer or employee of a law 374 enforcement agency or central abuse hotline employee in the 375 course of carrying out his or her official duties. 376 (b) Nothing in this chapter or in the contracting with 377 community-based care providers for foster care and related 378 services as specified in s. 409.987 may be construed to remove 379 or reduce the duty and responsibility of any person, including 380 any employee of the community-based care provider, to report a 381 suspected or actual case of child abuse, abandonment, or neglect 382 or the sexual abuse of a child to the department’s central abuse 383 hotline. 384 (4) MANDATORY REPORTS OF A CHILD DEATH.—Any person required 385 to report or investigate cases of suspected child abuse, 386 abandonment, or neglect who has reasonable cause to suspect that 387 a child died as a result of child abuse, abandonment, or neglect 388 shall report his or her suspicion to the appropriate medical 389 examiner. The medical examiner shall accept the report for 390 investigation and shall report his or her findings, in writing, 391 to the local law enforcement agency, the appropriate state 392 attorney, and the department. Autopsy reports maintained by the 393 medical examiner are not subject to the confidentiality 394 requirements provided for in s. 39.202. 395 Section 4. Subsections (1) and (2) of section 39.302, 396 Florida Statutes, are amended to read: 397 39.302 Protective investigations of institutional child 398 abuse, abandonment, or neglect.— 399 (1) The department shall conduct a child protective 400 investigation of each report of institutional child abuse, 401 abandonment, or neglect. Upon receipt of a report that alleges 402 that an employee or agent of the department, or any other entity 403 or person covered by s. 39.01(37) or (54), acting in an official 404 capacity, has committed an act of child abuse, abandonment, or 405 neglect, the department shall initiate a child protective 406 investigation within the timeframe established under s. 407 39.101(1)s. 39.201(5)and notify the appropriate state 408 attorney, law enforcement agency, and licensing agency, which 409 shall immediately conduct a joint investigation, unless 410 independent investigations are more feasible. When conducting 411 investigations or having face-to-face interviews with the child, 412 investigation visits shall be unannounced unless it is 413 determined by the department or its agent that unannounced 414 visits threaten the safety of the child. If a facility is exempt 415 from licensing, the department shall inform the owner or 416 operator of the facility of the report. Each agency conducting a 417 joint investigation is entitled to full access to the 418 information gathered by the department in the course of the 419 investigation. A protective investigation must include an 420 interview with the child’s parent or legal guardian. The 421 department shall make a full written report to the state 422 attorney within 3 working days after making the oral report. A 423 criminal investigation shall be coordinated, whenever possible, 424 with the child protective investigation of the department. Any 425 interested person who has information regarding the offenses 426 described in this subsection may forward a statement to the 427 state attorney as to whether prosecution is warranted and 428 appropriate. Within 15 days after the completion of the 429 investigation, the state attorney shall report the findings to 430 the department and shall include in the report a determination 431 of whether or not prosecution is justified and appropriate in 432 view of the circumstances of the specific case. 433 (2)(a) If in the course of the child protective 434 investigation, the department finds that a subject of a report, 435 by continued contact with children in care, constitutes a 436 threatened harm to the physical health, mental health, or 437 welfare of the children, the department may restrict a subject’s 438 access to the children pending the outcome of the investigation. 439 The department or its agent shall employ the least restrictive 440 means necessary to safeguard the physical health, mental health, 441 and welfare of the children in care. This authority shall apply 442 only to child protective investigations in which there is some 443 evidence that child abuse, abandonment, or neglect has occurred. 444 A subject of a report whose access to children in care has been 445 restricted is entitled to petition the circuit court for 446 judicial review. The court shall enter written findings of fact 447 based upon the preponderance of evidence that child abuse, 448 abandonment, or neglect did occur and that the department’s 449 restrictive action against a subject of the report was justified 450 in order to safeguard the physical health, mental health, and 451 welfare of the children in care. The restrictive action of the 452 department shall be effective for no more than 90 days without a 453 judicial finding supporting the actions of the department. 454 (b) In an institutional investigation, the alleged 455 perpetrator may be represented by an attorney, at his or her own 456 expense, or may be accompanied by another person, if the 457 attorney or the person executes an affidavit of understanding 458 with the department and agrees to comply with the 459 confidentiality requirements under s. 39.202. The absence of an 460 attorney or an accompanying person does not prevent the 461 department from proceeding with other aspects of the 462 investigation, including interviews with other persons. In 463 institutional child abuse cases when the institution is not 464 operational and the child cannot otherwise be located, the 465 investigation must commence immediately upon the resumption of 466 operation. If requested by a state attorney or local law 467 enforcement agency, the department shall furnish all 468 investigative reports to such state attorney or agency. 469 (c)(b)Upon completion of the department’s child protective 470 investigation, the department may make application to the 471 circuit court for continued restrictive action against any 472 person necessary to safeguard the physical health, mental 473 health, and welfare of the children in care. 474 Section 5. Section 828.075, Florida Statutes, is created to 475 read: 476 828.075 Cross-reporting child and animal abuse and 477 cruelty.— 478 (1) The purpose of this section is to recognize the 479 importance of the strong link between child abuse and animal 480 abuse and cruelty. 481 (2) Any person who is required to investigate child abuse, 482 abandonment, or neglect under chapter 39 and who knows or has 483 reasonable cause to suspect that abuse, neglect, cruelty, or 484 abandonment of an animal has occurred must report such knowledge 485 or suspicion within 24 hours to the local animal control officer 486 or an agent appointed under s. 828.03. If no local animal 487 control officer or agent exists, the report must be made to the 488 appropriate local law enforcement agency. 489 (3) The report must include all of the following 490 information: 491 (a) A description of the animal. 492 (b) A description of any injury, cruelty, or abuse of the 493 animal, including any evidence of prior injury, cruelty, or 494 abuse of the animal or of other animals. 495 (c) Any evidence of neglect or abandonment of the animal, 496 including any evidence of prior neglect or abandonment of the 497 animal or of other animals. 498 (d) The name and address of the person or persons alleged 499 to be responsible for causing the injury, abuse, neglect, 500 cruelty, or abandonment of the animal. 501 (e) The source of the report. 502 (f) Any action taken by the reporting source with regard to 503 the injury, abuse, neglect, cruelty, or abandonment of the 504 animal. 505 (g) The name, address, and telephone number of the person 506 making the report. 507 (4) A person who is required to report known or suspected 508 abuse, neglect, cruelty, or abandonment of an animal and who 509 knowingly and willfully fails to do so commits a misdemeanor of 510 the second degree, punishable as provided in s. 775.082 or s. 511 775.083. 512 (5) The Department of Children and Families’ training 513 program for persons who are required to investigate child abuse, 514 abandonment, or neglect must include training on identifying 515 harm to, neglect of, and cruelty toward animals and on the 516 strong link between animal abuse and cruelty and child welfare 517 case practice. 518 Section 6. Paragraph (a) of subsection (4) of section 519 828.27, Florida Statutes, is amended to read: 520 828.27 Local animal control or cruelty ordinances; 521 penalty.— 522 (4)(a)1. County-employed animal control officers must, and 523 municipally employed animal control officers may, successfully 524 complete a 40-hour minimum standards training course. Such 525 course must include, but is not limited to, training for:animal 526 cruelty investigations;,search and seizure;,animal handling;,527 courtroom demeanor;, andcivil citations; and detecting child 528 abuse, neglect, and abandonment. The course curriculum must be 529 approved by the Florida Animal Control Association. An animal 530 control officer who successfully completes such course shall be 531 issued a certificate indicating that he or she has received a 532 passing grade. 533 2. Any animal control officer who is authorized before 534 January 1, 1990, by a county or municipality to issue citations 535 is not required to complete the minimum standards training 536 course. 537 3. In order to maintain valid certification, every 2 years 538 each certified animal control officer must complete 4 hours of 539 postcertification continuing education training. Such training 540 may include, but is not limited to, training for: animal cruelty 541 investigations, search and seizure, animal handling, courtroom 542 demeanor, and civil citations. 543 Section 7. Subsection (1) and paragraph (a) of subsection 544 (2) of section 39.307, Florida Statutes, are amended to read: 545 39.307 Reports of child-on-child sexual abuse.— 546 (1) Upon receiving a report alleging child-on-child 547juvenilesexual abuse or inappropriate sexual behavior as 548 defined in s. 39.01, the department shall assist the family, 549 child, and caregiver in receiving appropriate services to 550 address the allegations of the report. 551 (a) The department shall ensure that information describing 552 the child’s history of child sexual abuse is included in the 553 child’s electronic record. This record must also include 554 information describing the services the child has received as a 555 result of his or her involvement with child sexual abuse. 556 (b) Placement decisions for a child who has been involved 557 with child sexual abuse must include consideration of the needs 558 of the child and any other children in the placement. 559 (c) The department shall monitor the occurrence of child 560 sexual abuse and the provision of services to children involved 561 in child-on-childchild sexual abuse or juvenilesexual abuse, 562 or who have displayed inappropriate sexual behavior. 563 (2) The department, contracted sheriff’s office providing 564 protective investigation services, or contracted case management 565 personnel responsible for providing services, at a minimum, 566 shall adhere to the following procedures: 567 (a) The purpose of the response to a report alleging child 568 on-childjuvenilesexual abuse behavior or inappropriate sexual 569 behavior shall be explained to the caregiver. 570 1. The purpose of the response shall be explained in a 571 manner consistent with legislative purpose and intent provided 572 in this chapter. 573 2. The name and office telephone number of the person 574 responding shall be provided to the caregiver of the alleged 575 abuser or child who has exhibited inappropriate sexual behavior 576 and the victim’s caregiver. 577 3. The possible consequences of the department’s response, 578 including outcomes and services, shall be explained to the 579 caregiver of the alleged abuser or child who has exhibited 580 inappropriate sexual behavior and the victim’s caregiver. 581 Section 8. Subsection (6) of section 39.301, Florida 582 Statutes, is amended to read: 583 39.301 Initiation of protective investigations.— 584 (6) Upon commencing an investigation under this part, if a 585 report was received from a reporter under s. 39.201(1)(a)2.s.58639.201(1)(b), the protective investigator must provide his or 587 her contact information to the reporter within 24 hours after 588 being assigned to the investigation. The investigator must also 589 advise the reporter that he or she may provide a written summary 590 of the report made to the central abuse hotline to the 591 investigator which shall become a part of the electronic child 592 welfare case file. 593 Section 9. Paragraph (g) of subsection (2) of section 594 934.03, Florida Statutes, is amended to read: 595 934.03 Interception and disclosure of wire, oral, or 596 electronic communications prohibited.— 597 (2) 598 (g) It is lawful under this section and ss. 934.04-934.09 599 for an employee of: 600 1. An ambulance service licensed pursuant to s. 401.25, a 601 fire station employing firefighters as defined by s. 633.102, a 602 public utility, a law enforcement agency as defined by s. 603 934.02(10), or any other entity with published emergency 604 telephone numbers; 605 2. An agency operating an emergency telephone number “911” 606 system established pursuant to s. 365.171; or 607 3. The central abuse hotline operated pursuant to s. 39.101 608s. 39.201609 610 to intercept and record incoming wire communications; however, 611 such employee may intercept and record incoming wire 612 communications on designated “911” telephone numbers and 613 published nonemergency telephone numbers staffed by trained 614 dispatchers at public safety answering points only. It is also 615 lawful for such employee to intercept and record outgoing wire 616 communications to the numbers from which such incoming wire 617 communications were placed when necessary to obtain information 618 required to provide the emergency services being requested. For 619 the purpose of this paragraph, the term “public utility” has the 620 same meaning as provided in s. 366.02 and includes a person, 621 partnership, association, or corporation now or hereafter owning 622 or operating equipment or facilities in the state for conveying 623 or transmitting messages or communications by telephone or 624 telegraph to the public for compensation. 625 Section 10. This act shall take effect July 1, 2019.