Florida Senate - 2024 SB 450 By Senator Wright 8-00518-24 2024450__ 1 A bill to be entitled 2 An act relating to sheltering or aiding unmarried 3 minors; amending ss. 984.085 and 985.731, F.S.; 4 creating a presumption of knowledge upon proof that an 5 unmarried minor has not attained 18 years of age for 6 the purpose of unlawfully sheltering or aiding 7 unmarried minors; providing a defense to unlawfully 8 sheltering or aiding unmarried minors; increasing 9 criminal penalties for unlawfully sheltering or aiding 10 unmarried minors; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Section 984.085, Florida Statutes, is amended to 15 read: 16 984.085Sheltering unmarried minors; aiding unmarried minor 17 runaways; presumption; defense; penalty violations. 18 (1)(a)A person who is not an authorized agent of the 19 Department of Juvenile Justice or the Department of Children and 20 Families may not knowingly shelter an unmarried minor for more 21 than 24 hours without the consent of the minors parent or 22 guardian or without notifying a law enforcement officer of the 23 minors name and the fact that the minor is being provided 24 shelter. 25 (b)A person may not knowingly provide aid to an unmarried 26 minor who has run away from home without first contacting the 27 minors parent or guardian or notifying a law enforcement 28 officer. The aid prohibited under this paragraph includes 29 assisting the minor in obtaining shelter, such as hotel 30 lodgings. 31 (c)Proof that an unmarried minor has not attained 18 years 32 of age creates a presumption that the person knew the minors 33 age or acted in reckless disregard thereof. 34 (2)It is a defense to a violation under this section that 35 the defendant had reasonable cause to believe that his or her 36 action was necessary to preserve the minor from danger to his or 37 her welfare. 38 (3)A person who violates this section commits a felony of 39 the third misdemeanor of the first degree, punishable as 40 provided in s. 775.082, or s. 775.083, or s. 775.084. 41 Section 2.Section 985.731, Florida Statutes, is amended to 42 read: 43 985.731Sheltering unmarried minors; aiding unmarried minor 44 runaways; presumption; defense; penalty violations. 45 (1)(a)A person who is not an authorized agent of the 46 department or the Department of Children and Families may not 47 knowingly shelter an unmarried minor for more than 24 hours 48 without the consent of the minors parent or guardian or without 49 notifying a law enforcement officer of the minors name and the 50 fact that the minor is being provided shelter. 51 (b)A person may not knowingly provide aid to an unmarried 52 minor who has run away from home without first contacting the 53 minors parent or guardian or notifying a law enforcement 54 officer. The aid prohibited under this paragraph includes 55 assisting the minor in obtaining shelter, such as hotel 56 lodgings. 57 (c)Proof that an unmarried minor has not attained 18 years 58 of age creates a presumption that the person knew the minors 59 age or acted in reckless disregard thereof. 60 (2)It is a defense to a violation under this section that 61 the defendant had reasonable cause to believe that his or her 62 action was necessary to preserve the minor from danger to his or 63 her welfare. 64 (3)A person who violates this section commits a felony of 65 the third misdemeanor of the first degree, punishable as 66 provided in s. 775.082, or s. 775.083, or s. 775.084. 67 Section 3.This act shall take effect October 1, 2024.