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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to child welfare; providing a short 2
title; amending s. 39.01, F.S.; revising the 3
definitions of the terms "abuse" and "false report"; 4
creating s. 39.0111, F.S.; specifying that every Child 5
Protection Team investigator employed by the 6
Department of Children and Families is required to 7
perform all specified duties; providing criminal 8
penalties; requiring the department to establish 9
procedures for reporting and investigating Child 10
Protection Team investigators who violate specified 11
provisions; requiring the department to report such 12
violations to the applicable law enforcement agency; 13
creating s. 39.01391, F.S.; requiring the department 14
to verify, and seek up -to-date and accurate records 15
of, the parenting plan or court -ordered custody 16
arrangement, if one exists, as part of every 17
investigation involving parents or guardians who 18
reside in separate households; requiring the 19
department to enforce parenting plans and court -20
ordered custody arrangements; requiring the department 21
to verify that specified rights are not being 22
unlawfully denied and that certain violations have not 23
occurred; requiring the department to report such 24
violations to the applicable law enforcement agency; 25
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providing responsibilities of the department relating 26
to ambiguities in pare nting plans or court -ordered 27
custody arrangements; amending s. 39.201, F.S.; 28
requiring that anonymous reports of child abuse, 29
abandonment, or neglect be subject to closer scrutiny 30
than reports made by a person who identifies himself 31
or herself; prohibiting anonymous reports from being 32
afforded the same presumption of good faith as reports 33
made by a person who identifies himself or herself; 34
amending s. 39.205, F.S.; requiring, rather than 35
authorizing, the department to immediately discontinue 36
all investigative activities under certain 37
circumstances; specifying that a person who makes a 38
false report of child abuse, abandonment, or neglect 39
is not entitled to confidentiality under a certain 40
provision; deleting a provision providing immunity 41
from liability for a person who acts in good faith in 42
making such a report; amending s. 39.206, F.S.; 43
expanding the circumstances under which the department 44
may impose fines on persons who make certain anonymous 45
reports; amending s. 39.301, F.S.; revising the 46
definition of the term "criminal conduct"; amending s. 47
61.046, F.S.; revising the definition of the term 48
"parenting plan" to include the requirement that 49
parenting plans include specified information; 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
creating s. 61.44, F.S.; requiring a law enforcement 51
officer to accompany and assist a parent or legal 52
guardian experiencing interference with custody in 53
locating the child and to enforce such parent's or 54
legal guardian's custody or visitation rights; 55
creating s. 61.5085, F.S.; defining the terms 56
"emergency hearing" and "vulne rable adult"; requiring 57
a court to grant an emergency hearing upon making a 58
specified finding; requiring a court to set an 59
emergency hearing within a specified timeframe after 60
the filing of a motion alleging that certain 61
violations have occurred; requiring that motions for 62
emergency hearings be supported by a certain affidavit 63
or verified statement; requiring the court to provide 64
notice of the emergency hearing; authorizing the court 65
to issue temporary orders at the emergency hearing; 66
specifying requirement s for a full hearing; amending 67
s. 402.56, F.S.; requiring that the Children and Youth 68
Cabinet meet at least quarterly, rather than at least 69
four times each year; requiring the posting of 70
specified information on a public website managed by 71
the Executive Office of the Governor; expanding the 72
membership of the Children and Youth Cabinet to 73
include a member appointed by the citizen support 74
organization for Florida Missing Children's Day; 75
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requiring that the Children and Youth Cabinet submit 76
quarterly, rather th an annual, reports to the 77
Governor, the Legislature, and the public; providing 78
requirements for the reports; amending s. 402.57, 79
F.S.; requiring one member of the board of directors 80
for the direct-support organization of the department 81
to also serve on the board by the citizen support 82
organization for Florida Missing Children's Day; 83
amending s. 683.23, F.S.; including children missing 84
due to family abduction or custody interference among 85
those remembered on Florida Missing Children's Day; 86
amending s. 683.231, F.S.; requiring that the citizen 87
support organization for Florida Missing Children's 88
Day appoint one person to the Children and Youth 89
Cabinet, one person to the direct -support organization 90
of the department, and one person to each judicial 91
circuit's Family Law Advocacy Group; amending s. 92
741.28, F.S.; revising the definition of the term 93
"domestic violence"; amending s. 741.29, F.S.; 94
specifying that if a family or household member 95
unlawfully takes or retains another family or 96
household member who is a min or or vulnerable adult, 97
and denies another family or household member's lawful 98
right to custody or visitation of that minor or 99
vulnerable adult, he or she commits an act of domestic 100
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violence; providing applicability; amending s. 787.01, 101
F.S.; clarifying a provision regarding confinement of 102
certain children as it relates to the definition of 103
the term "kidnapping"; making technical changes; 104
amending s. 787.03, F.S.; providing legislative 105
intent; revising the elements of the offense of 106
interference with custod y; providing criminal 107
penalties; prohibiting law enforcement officers from 108
becoming involved in the merits of certain disputes or 109
with certain individuals' preferences relating to 110
custody or visitation rights; authorizing law 111
enforcement officers to locate certain individuals and 112
enforce parenting plans or court orders; providing 113
applicability; providing requirements for law 114
enforcement officers who investigate alleged incidents 115
of interference with custody; providing requirements 116
for a specified notice; pr oviding requirements for law 117
enforcement officers when responding to alleged 118
incidents of interference with custody; requiring law 119
enforcement officers to produce a certain report; 120
requiring that the report include specified 121
information; revising defenses to the offense of 122
interference with custody; requiring law enforcement 123
agencies to adopt certain policies and procedures and 124
create and implement specified annual trainings; 125
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deleting provisions relating to applicability; 126
deleting a provision relating to in formation protected 127
from public records; amending s. 827.03, F.S.; 128
revising the definition of the term "child abuse"; 129
creating s. 1003.042, F.S.; specifying that schools 130
are responsible for and are required to enforce and 131
adhere to any parenting plan or co urt order that 132
specifies custody arrangements; providing 133
applicability; requiring schools to keep on file up -134
to-date and accurate records of the parenting plan or 135
court order; specifying that parents or guardians of a 136
child must be given the opportunity to provide the 137
school with certain information; requiring schools to 138
verify the identity and custody rights of any 139
individual requesting to pick up a child from school 140
premises; requiring schools to establish and implement 141
clear policies to address and manag e situations where 142
the parenting plan or court order may be ambiguous; 143
requiring schools to ensure that a child is released 144
only to the designated parent or guardian, or to an 145
individual explicitly authorized by the parent or 146
guardian who has custodial rig hts on that specific day 147
as specified in the court order or parenting plan; 148
providing criminal penalties; amending s. 61.45, F.S.; 149
conforming a provision to changes made by the act; 150
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amending s. 921.0022, F.S.; conforming a cross -151
reference; conforming a pro vision to changes made by 152
the act; reenacting ss. 39.205(8), 39.301(2)(b), 153
61.125(4)(b), 61.13(2)(c), 61.401, 61.402(3), 154
95.11(8), 154.067(2), 390.01114(2)(b), 393.067(4)(g), 155
(7), and (9), 395.1023(2), 744.309(3), and 156
1001.42(8)(c), F.S., relating to penal ties relating to 157
reporting of child abuse, abandonment, or neglect; the 158
initiation of protective investigations; parenting 159
coordination; support of children, parenting and time -160
sharing, and powers of the court; appointment of 161
guardians ad litem; qualificat ions of guardians ad 162
litem; limitations other than for the recovery of real 163
property; the Parental Notice of and Consent for 164
Abortion Act; duties for child abuse and neglect 165
cases; facility licensure; duties for child abuse and 166
neglect cases; who may be ap pointed guardian of a 167
resident ward; and powers and duties of district 168
school boards, respectively, to incorporate the 169
amendment made to s. 39.01, F.S., in references 170
thereto; reenacting s. 39.101(3)(a), F.S., relating to 171
the central abuse hotline, to inco rporate the 172
amendment made to s. 39.206, F.S., in a reference 173
thereto; reenacting ss. 63.089(4)(b), 787.04(5), 174
901.15(8), and 943.0584(2)(y), F.S., relating to 175
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proceeding to terminate parental rights pending 176
adoption; removing minors from state or conceali ng 177
minors contrary to state agency order or court order; 178
when arrest by officer without warrant is lawful; and 179
criminal history records ineligible for court -ordered 180
expunction or court-ordered sealing, respectively, to 181
incorporate the amendment made to s. 827.03, F.S., in 182
references thereto; providing an effective date. 183
184
Be It Enacted by the Legislature of the State of Florida: 185
186
Section 1. This act may be cited as the "Child Safety and 187
Custody Compliance Act." 188
Section 2. Subsections (2) and (2 7) of section 39.01, 189
Florida Statutes, are amended to read: 190
39.01 Definitions.—When used in this chapter, unless the 191
context otherwise requires: 192
(2) "Abuse" means any willful act or threatened act , 193
defined by the nature of the act or threat rather than by its 194
outcome, that results in any physical, mental, or sexual abuse, 195
injury, or harm that causes or is likely to cause significant 196
impairment to the child's physical, mental, or emotional health 197
to be significantly impaired . In the context of abuse of a 198
child, the term includes any direct or indirect action or 199
omission that impacts the child's well -being, even if the action 200
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or omission does not result in actual injury. The term also 201
Abuse of a child includes the birth of a new child into a family 202
during the course of an open dependency case when the parent or 203
caregiver has been determined to lack the protective capacity to 204
safely care for the children in the home and has not 205
substantially complied with the case plan towards successful 206
reunification or met the conditions for return of the children 207
into the home. The term also includes a violation of s. 787.03, 208
relating to interference with custody Abuse of a child includes 209
acts or omissions. Corporal discipline of a child by a parent or 210
legal custodian for disciplinary purposes does not in itself 211
constitute abuse when it does not result in harm to the child. 212
(27) "False report" means a report of abuse, neglect, or 213
abandonment of a child to the central abuse hotline, which 214
report is maliciously made for the purpose of: 215
(a) Maliciously made for the purpose of: 216
1. Harassing, embarrassing, or harming another person; 217
2.(b) Personal financial gain for the reporting person ; 218
3.(c) Acquiring custody of a child; or 219
4.(d) Personal benefit for the reporting person in any 220
other private dispute involving a child ; or 221
(b) Willfully, or with severe recklessness or ignorance, 222
made: 223
1. Without reasonable cause, lacking substantial evidence, 224
or due to a misunderstanding, lack of knowledge, or incomplete 225
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information; or 226
2. Without a genuine purpose to protect the child from 227
abuse or neglect. 228
229
The term "false report" does not include a report of abuse, 230
neglect, or abandonment of a child made in good faith to the 231
central abuse hotline. 232
Section 3. Section 39.0111, Florida Statutes, is created 233
to read: 234
39.0111 Accountability of Child Protection Team 235
investigators.— 236
(1) Every Child Protection Team investigator employed by 237
the department must perform all duties required under this 238
chapter, including, but n ot limited to, the investigation of 239
reports of child abuse, abandonment, or neglect and the 240
verification of parenting plans or court -ordered custody 241
arrangements. 242
(2) Notwithstanding s. 39.011, any Child Protection Team 243
investigator who willfully fails t o perform his or her duties 244
under this chapter commits a misdemeanor of the second degree, 245
punishable as provided in s. 775.082 or s. 775.083. 246
(3) The department shall establish procedures for 247
reporting and investigating Child Protection Team investigato rs 248
who violate this section, and the department shall report 249
violations of subsection (2) to the applicable law enforcement 250
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agency. 251
Section 4. Section 39.01391, Florida Statutes, is created 252
to read: 253
39.01391 Department responsibilities regarding cust ody and 254
visitation.— 255
(1) VERIFICATION OF CUSTODY ARRANGEMENTS. —The department 256
must verify the parenting plan or court -ordered custody 257
arrangement, if one exists, as part of every investigation 258
involving parents or guardians who reside in separate 259
households, regardless of the nature of the initial complaint. 260
This verification is essential to ensure compliance with custody 261
and visitation orders and to address any violations of legal 262
protections for the child -parent relationship. The department 263
must seek an up-to-date and accurate record of the parenting 264
plan or court-ordered custody arrangement from either the family 265
or the clerk of the court. 266
(2) ENFORCEMENT OF PARENTING PLANS AND CUSTODY 267
ARRANGEMENTS.—The department shall ensure that a child is with 268
the parent who is lawfully responsible for the child on that 269
specific day as specified in the parenting plan or court -ordered 270
custody arrangement. Additionally, the department is responsible 271
for verifying that the child is not being unlawfully denied 272
access to a parent, that a parent is not being unlawfully denied 273
his or her custody or visitation rights to the child, and that a 274
violation of s. 741.29(8), s. 787.01, s. 787.03, or s. 827.03 275
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has not occurred. The requirement in this subsection applies in 276
cases where parents or guardians reside in separate households 277
and share custody of the child. Upon verifying a violation, the 278
department shall report violations to the applicable law 279
enforcement agency. 280
(3) ADDRESSING AMBIGUITIES. —If the department finds any 281
ambiguities in reviewing the parenting plan or court -ordered 282
custody arrangement, the department is responsible for verifying 283
that the child is not being unlawfully denied access to a parent 284
or guardian. The department shall consult with the parents or 285
guardians to resolve any uncertainties regarding custody 286
arrangements to ensure the child's safety and proper custody and 287
visitation rights. 288
Section 5. Paragraph (b) of subsection (1) of section 289
39.201, Florida Statutes, is amended to read: 290
39.201 Required reports of child abuse, abandonment, or 291
neglect, sexual abuse of a child, and juvenile sexual abuse; 292
required reports of death; reports involving a child who has 293
exhibited inappropriate sexual behavior. — 294
(1) MANDATORY REPORTING. — 295
(b)1. A person from the general public may make a report 296
to the central abuse hotline anonymously if he or she chooses to 297
do so. However, an anonymous report must be more closely 298
scrutinized and may not be afforded the same presumption of good 299
faith as a report made by a pe rson who identifies himself or 300
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herself. 301
2. A person making a report to the central abuse hotline 302
whose occupation is in any of the following categories is 303
required to provide his or her name to the central abuse hotline 304
counselors: 305
a. Physician, osteop athic physician, medical examiner, 306
chiropractic physician, nurse, or hospital personnel engaged in 307
the admission, examination, care, or treatment of persons; 308
b. Health care professional or mental health professional 309
other than a person listed in sub -subparagraph a.; 310
c. Practitioner who relies solely on spiritual means for 311
healing; 312
d. School teacher or other school official or personnel; 313
e. Social worker, day care center worker, or other 314
professional child care worker, foster care worker, residential 315
worker, or institutional worker; 316
f. Law enforcement officer; 317
g. Judge; or 318
h. Animal control officer as defined in s. 828.27(1)(b) or 319
agent appointed under s. 828.03. 320
Section 6. Subsections (8) and (9) of section 39.205, 321
Florida Statutes, are ame nded to read: 322
39.205 Penalties relating to reporting of child abuse, 323
abandonment, or neglect. — 324
(8) If the department or its authorized agent has 325
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determined during the course of its investigation that a report 326
is a false report, the department must immediately may 327
discontinue all investigative activities and must shall, with 328
the consent of the alleged perpetrator, refer the report to the 329
local law enforcement agency having jurisdiction for an 330
investigation to determine whether sufficient evidence exists to 331
refer the case for prosecution for filing a false report as 332
defined in s. 39.01. During the pendency of the investigation, 333
the department must notify the local law enforcement agency of, 334
and the local law enforcement agency must respond to, all 335
subsequent reports concerning children in that same family in 336
accordance with s. 39.301. If the law enforcement agency 337
believes that there are indicators of abuse, abandonment, or 338
neglect, it must immediately notify the department, which must 339
ensure the safety of the children. If the law enforcement agency 340
finds sufficient evidence for prosecution for filing a false 341
report, it must refer the case to the appropriate state attorney 342
for prosecution. 343
(9) A person who knowingly and willfully makes a false 344
report of child abuse, abandonment, or neglect, or who advises 345
another to make a false report, is guilty of a felony of the 346
third degree, punishable as provided in s. 775.082 or s. 347
775.083. A person who is determined to have filed a false report 348
of child abuse, abando nment, or neglect is not entitled to 349
confidentiality pursuant to s. 39.206(9) Anyone making a report 350
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who is acting in good faith is immune from any liability under 351
this subsection. 352
Section 7. Subsection (1) of section 39.206, Florida 353
Statutes, is amended to read: 354
39.206 Administrative fines for false report of abuse, 355
abandonment, or neglect of a child; civil damages. — 356
(1) In addition to any other penalty authorized by this 357
section, chapter 120, or other law, the department may impose a 358
fine, not to exceed $10,000 for each violation, upon a person 359
who: 360
(a) Knowingly and willfully makes a false report of abuse, 361
abandonment, or neglect of a child, or a person who counsels 362
another to make a false report ; or 363
(b) Makes an anonymous report with rec klessness, 364
negligence, or in the absence of substantial evidence and 365
genuine intent to protect the child, if the anonymous reporter 366
is identifiable through lawful means . 367
Section 8. Paragraph (b) of subsection (2) of section 368
39.301, Florida Statutes, is amended to read: 369
39.301 Initiation of protective investigations. — 370
(2) 371
(b) As used in this subsection, the term "criminal 372
conduct" means: 373
1. A child is known or suspected to be the victim of child 374
abuse, as defined in s. 827.03, or of neglect of a c hild, as 375
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defined in s. 827.03. 376
2. A child is known or suspected to have died as a result 377
of abuse or neglect. 378
3. A child is known or suspected to be the victim of 379
aggravated child abuse, as defined in s. 827.03. 380
4. A child is known or suspected to be the victim of 381
sexual battery, as defined in s. 827.071, or of sexual abuse, as 382
defined in s. 39.01. 383
5. A child is known or suspected to be the victim of 384
institutional child abuse or neglect, as defined in s. 39.01, 385
and as provided for in s. 39.302(1). 386
6. A child is known or suspected to be the victim of 387
interference with custody in violation of s. 787.03. 388
7. A child is known or suspected to be a victim of human 389
trafficking, as provided in s. 787.06. 390
Section 9. Paragraph (a) of subsection (14) of section 391
61.046, Florida Statutes, is amended to read: 392
61.046 Definitions. —As used in this chapter, the term: 393
(14) "Parenting plan" means a document created to govern 394
the relationship between the parents relating to decisions that 395
must be made regarding the minor child and must contain a time -396
sharing schedule for the parents and child. The issues 397
concerning the minor child may include, but are not limited to, 398
the child's education, health care, and physical, social, and 399
emotional well-being. In creating the plan, all circumstances 400
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between the parents, including their historic relationship, 401
domestic violence, and other factors must be taken into 402
consideration. 403
(a) The parenting plan must be: 404
1. Be developed and agreed to by the parents and approved 405
by a court; or 406
2. Be established by the court, with or without the use of 407
a court-ordered parenting plan recommendation, if the parents 408
cannot agree to a plan or the parents agreed to a plan that is 409
not approved by the court ; and 410
3. Include the full text of s. 61.44, which requires a law 411
enforcement officer to accompany and assist a parent or legal 412
guardian experiencing interference with custody in locating the 413
child and enforcing the parent's or legal guardian's custody or 414
visitation rights. 415
Section 10. Section 61.44, Florida Statutes, is created to 416
read: 417
61.44 Enforcement of parenting plan or court order by law 418
enforcement officers. —A law enforcement officer shall accompany 419
and assist a parent or legal guardian experiencing interference 420
with custody, prohibited under s. 787.03, in locating the child 421
and shall enforce each parent's or legal guardian's custody or 422
visitation rights as specified in the agreed -upon parenting plan 423
or court order. 424
Section 11. Section 61.5085, Florida Statutes, is create d 425
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to read: 426
61.5085 Emergency hearings in custody and visitation 427
disputes.— 428
(1) DEFINITIONS.—As used in this section, the term: 429
(a) "Emergency hearing" means a judicial proceeding 430
scheduled and conducted expeditiously to address matters 431
requiring immediate attention due to the potential for imminent 432
or irreparable harm to a child or vulnerable adult involved in a 433
legal dispute. Such hearings are intended to provide temporary 434
relief until a full hearing on the merits of the case can be 435
conducted. 436
(b) "Vulnerable adult" has the same meaning as in s. 437
415.102. 438
(2) CRITERIA.—A court must grant an emergency hearing upon 439
making a finding that: 440
(a) Due to a violation of an injunction for protection 441
against domestic violence or s. 827.03(2), there is a cre dible 442
threat to the physical safety or emotional well -being of a child 443
or vulnerable adult; 444
(b) There is a risk of significant financial harm if 445
immediate action is not taken; or 446
(c) A violation of s. 787.03, or a credible threat related 447
to interference with custody, has occurred. 448
(3) EMERGENCY HEARINGS. —The court shall set an emergency 449
hearing date within 3 business days after the filing of a motion 450
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alleging that a violation has occurred as listed in subsection 451
(2). 452
(a) The motion for an emergency hearing must include an 453
affidavit or a verified statement detailing the facts 454
constituting the violation and justifying the need for immediate 455
judicial intervention, including, but not limited to: 456
1. Evidence of a violation of an existing court order 457
regarding custody or visitation; or 458
2. Specific actions taken by the alleged offending party 459
which constitute interference with an established custody or 460
visitation arrangement. 461
(b) The court shall provide notice of the emergency 462
hearing to all parties involved, ensuring that the notice period 463
does not delay the hearing beyond the 3 -business-day 464
requirement. 465
(c) At the emergency hearing, the court may issue 466
temporary orders to ensure the immediate safety and welfare of 467
the child or vulnerable adult, i ncluding, but not limited to: 468
1. Modifying a custody or visitation arrangement; 469
2. Ordering the immediate return of the child or 470
vulnerable adult to the lawful custodian; or 471
3. Implementing measures to prevent further interference, 472
such as a restraining order or supervised visitation. 473
(4) FULL HEARING.—A full hearing on the merits of the case 474
must be scheduled within 30 calendar days after the emergency 475
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hearing to allow for a thorough examination of the allegations 476
and to determine appropriate long -term custody or visitation 477
arrangements. Any temporary orders issued at the emergency 478
hearing remain in effect until modified by the court at the full 479
hearing. 480
Section 12. Paragraph (c) of subsection (3) and 481
subsections (4) and (7) of section 402.56, F lorida Statutes, are 482
amended to read: 483
402.56 Children's cabinet; organization; responsibilities; 484
annual report.— 485
(3) ORGANIZATION.—There is created the Children and Youth 486
Cabinet, which is a coordinating council as defined in s. 20.03. 487
(c) The cabinet shall meet at least quarterly four times 488
each year, but no more than six times each year, in different 489
regions of the state in order to solicit input from the public 490
and any other individual offering testimony relevant to the 491
issues considered. Each meet ing must include a public comment 492
session. The time and location of each meeting must be posted at 493
least 30 days before the meeting date on a public website 494
managed by the Executive Office of the Governor and the posting 495
must include instructions for acces sing the meeting remotely to 496
enable public participation. 497
(4) MEMBERS.—The cabinet shall consist of 17 16 members, 498
including the Governor and the following persons: 499
(a)1. The Secretary of Children and Families; 500
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2. The Secretary of Juvenile Justice; 501
3. The director of the Agency for Persons with 502
Disabilities; 503
4. A representative from the Division of Early Learning; 504
5. The State Surgeon General; 505
6. The Secretary of Health Care Administration; 506
7. The Commissioner of Education; 507
8. The director of the Statewide Guardian Ad Litem Office; 508
9. A representative of the Office of Adoption and Child 509
Protection; 510
10. A superintendent of schools, appointed by the 511
Governor; and 512
11. Five members who represent children and youth advocacy 513
organizations and who are not service providers, appointed by 514
the Governor; and 515
12. A member appointed by the citizen support organization 516
for Florida Missing Children's Day . 517
(b) The President of the Senate, the Speaker of the House 518
of Representatives, the Chief Jus tice of the Supreme Court, the 519
Attorney General, and the Chief Financial Officer, or their 520
appointed designees, shall serve as ex officio members of the 521
cabinet. 522
(c) The Governor or the Governor's designee shall serve as 523
the chair of the cabinet. 524
(d) Nongovernmental members of the cabinet shall serve 525
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without compensation, but are entitled to receive per diem and 526
travel expenses in accordance with s. 112.061 while in 527
performance of their duties. 528
(7) QUARTERLY REPORTS ANNUAL REPORT.—The Children and 529
Youth Cabinet shall, by February 1 , May 1, August 1, and 530
November 1 of each year, provide a an annual report to the 531
Governor, the President of the Senate, the Speaker of the House 532
of Representatives, and the public concerning its activities and 533
progress towards making this state the first place families 534
think of when asked, "Where do you they want to raise your their 535
children?" Each quarterly report must be made publicly available 536
on a website managed by the Executive Office of the Governor and 537
must The annual report may include recommendations for any 538
needed legislation or rulemaking authority. 539
Section 13. Paragraph (c) of subsection (1) of section 540
402.57, Florida Statutes, is amended to read: 541
402.57 Direct-support organizations. — 542
(1) DEPARTMENT OF CHI LDREN AND FAMILIES.—The Department of 543
Children and Families is authorized to create a direct -support 544
organization, the sole purpose of which is to support the 545
department in carrying out its purposes and responsibilities. 546
(c) The Secretary of Children and Families shall appoint 547
the board of directors of the direct -support organization. The 548
board members shall be appointed according to the organization's 549
bylaws. One board member must also be a member appointed 550
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pursuant to s. 683.231(6) by the citizen suppor t organization 551
for Florida Missing Children's Day. 552
Section 14. Section 683.23, Florida Statutes, is amended 553
to read: 554
683.23 Florida Missing Children's Day. —The second Monday 555
in September of each year is hereby designated as "Florida 556
Missing Children's Day" in remembrance of Florida's past and 557
present missing children , including children missing due to 558
family abduction or to interference with custody, and in 559
recognition of this our state's continued efforts to protect the 560
safety of children through pre vention, education, and community 561
involvement. 562
Section 15. Present subsections (6) and (7) of section 563
683.231, Florida Statutes, are redesignated as subsections (8) 564
and (9), respectively, and new subsections (6) and (7) are added 565
to that section, to re ad: 566
683.231 Citizen support organization for Florida Missing 567
Children's Day.— 568
(6) The citizen support organization shall appoint one 569
person to the Children and Youth Cabinet as provided in s. 570
402.56 and one person to be a member of the direct -support 571
organization of the Department of Children and Families as 572
provided in s. 402.57. 573
(7) The citizen support organization shall appoint one 574
person to each judicial circuit's Family Law Advisory Group. 575
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Section 16. Subsection (2) of section 741.28, Florida 576
Statutes, is amended to read: 577
741.28 Domestic violence; definitions. —As used in ss. 578
741.28-741.31: 579
(2) "Domestic violence" means any assault, aggravated 580
assault, battery, aggravated battery, sexual assault, sexual 581
battery, stalking, aggravated stalkin g, abduction, kidnapping, 582
false imprisonment, or any criminal offense resulting in 583
physical injury or death of one family or household member , 584
including a minor or a vulnerable adult as defined in s. 585
415.102, by another family or household member. 586
Section 17. Subsection (8) is added to section 741.29, 587
Florida Statutes, to read: 588
741.29 Domestic violence; investigation of incidents; 589
notice to victims of legal rights and remedies; reporting. — 590
(8) If a family or household member unlawfully takes or 591
retains another family or household member who is a minor or 592
vulnerable adult, and denies another family or household 593
member's lawful right to custody or visitation of that minor or 594
vulnerable adult, he or she commits an act of domestic violence. 595
This subsection applies regardless of the existence of a court 596
order. Such offenses shall be addressed under the appropriate 597
injunction statutes, including s. 741.30 or s. 784.046. 598
Section 18. Subsection (1) of section 787.01, Florida 599
Statutes, is amended to read: 600
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787.01 Kidnapping; kidnapping of child under age 13, 601
aggravating circumstances. — 602
(1)(a) As used in this section, the term "kidnapping" 603
means forcibly, secretly, or by threat confining, abducting, or 604
imprisoning another person against her or his will an d without 605
lawful authority, with intent to: 606
1. Hold for ransom or reward or as a shield or hostage. 607
2. Commit or facilitate commission of any felony. 608
3. Inflict bodily harm upon or to terrorize the victim or 609
another person. 610
4. Interfere with the performance of any governmental or 611
political function. 612
(b) Confinement of a child under the age of 13 is against 613
her or his will within the meaning of this subsection if such 614
confinement is without the consent of all of her or his parents 615
parent or legal guardians guardian. 616
Section 19. Section 787.03, Florida Statutes, is amended 617
to read: 618
787.03 Interference with custody ; defenses; penalties .— 619
(1) It is the intent of the Legislature that interference 620
with custody be treated as a criminal act rathe r than as a 621
private matter. 622
(2) A person who, lacking legal authorization, 623
demonstrates willful or wanton disregard for a parent's or legal 624
guardian's rightful custody or visitation rights by engaging in 625
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actions such as inviting, welcoming, accepting, co ncealing, 626
withholding, taking, or enticing, or by assisting, supporting, 627
hiring, or otherwise encouraging Whoever, without lawful 628
authority, knowingly or recklessly takes or entices, or aids, 629
abets, hires, or otherwise procures another to invite, welcome, 630
accept, conceal, withhold, take, or entice, a any minor or an 631
any incompetent person from the custody of the minor's or 632
incompetent person's parent, his or her legal guardian, a public 633
agency having the lawful charge of the minor or incompetent 634
person, or any other lawful custodian , thereby denying the 635
parent or legal guardian his or her lawful custody or visitation 636
rights, commits the offense of interference with custody and 637
commits a felony of the third degree, punishable as provided in 638
s. 775.082, s. 775.083, or s. 775.084. 639
(3)(2) Regardless of the existence of an agreed -upon 640
parenting plan or In the absence of a court order determining 641
rights to custody or visitation with a any minor or an with any 642
incompetent person, a any parent or legal guardian of the minor 643
or incompetent person , whether natural or adoptive, stepparent, 644
legal guardian, or relative of the minor or incompetent person 645
who has custody thereof and who does any of the following 646
commits the offense of interference with custody, a felony of 647
the third degree, punishable as provided in s. 775.082, s. 648
775.083, or s. 775.084: 649
(a) Conceals, withholds, takes, detains, conceals, or 650
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entices away the that minor or incompetent person within or 651
outside this without the state; 652
(b) Interferes with the other parent's or legal guardian's 653
ability to communicate with the minor or incompetent person 654
through telephone calls, text messages, or other forms of 655
electronic communication; 656
(c) Engages in behaviors aimed at undermining the 657
relationship between the minor or incompetent person and the 658
other parent or legal guardian; 659
(d) Engages in behaviors that disrupt scheduled visitation 660
or parenting time with the other parent or legal guardian; or 661
(e) Makes a false allegation or report to authorities, 662
such as accusing the other parent or legal guardian of abuse or 663
neglect, with willful or wanton disregard for the other parent's 664
or legal guardian's rightful custody or visitation rights in an 665
attempt to disrupt such rights. 666
(4) Law enforcement officers may not become involved in 667
the merits of a dispute or with a minor's or incompetent 668
person's preferences relating to custody or visitation rights. 669
Law enforcement officers are authorized to locate a minor or 670
incompetent person and enforce each parent's or lega l guardian's 671
agreed-upon parenting plan or court order. 672
(5) The offenses described in subsections (2) and (3) 673
apply regardless of whether a subsequent court order is obtained 674
for custody or visitation; however, the offenses described in 675
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subsections (2) and (3) do not apply if a court determines that 676
there is an immediate and evident threat of domestic violence as 677
defined in s. 741.28 and issues an injunction for protection 678
against domestic violence. 679
(6) A law enforcement officer who investigates an alle ged 680
incident of interference with custody shall obtain a written 681
statement from the victim and witnesses concerning the alleged 682
incident of interference with custody and immediately give the 683
victim notice of the legal rights and remedies available on a 684
standard form developed and distributed by the Department of Law 685
Enforcement. The notice must include the following statement: 686
687
"If you are the victim of interference with custody, you have 688
the right to ask the state attorney to file a criminal 689
complaint. You also have the right to go to court and file a 690
petition requesting an injunction for protection from domestic 691
violence which may include, but need not be limited to, 692
provisions that restrain the abuser from further acts of abuse; 693
that award you custody of your minor child or children or an 694
incompetent person or persons; or that direct the abuser to pay 695
support to you and the minor child or children or incompetent 696
person or persons if the abuser has a legal obligation to do 697
so." 698
(7) In an alleged incident of interference with custody, 699
if the responding law enforcement officer believes that probable 700
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cause does not exist, the officer may not make an arrest. 701
However, the law enforcement officer shall advise the 702
complainant of his or her right to have the case reviewed by the 703
state attorney's office by providing the complainant with a 704
nonarrest probable cause affidavit that he or she may file with 705
the state attorney's office. Regardless of whether an arrest is 706
made, the law enforcement officer shall produce a wr itten report 707
that clearly indicates that the alleged offense was a case of 708
alleged interference with custody, and shall give the report to 709
his or her supervisor and file it with the law enforcement 710
agency in a manner that will allow data on interference wi th 711
custody cases to be compiled. Such report must include a copy of 712
the entire text of this section and all of the following 713
information: 714
(a) The ages and relationships of the minor children or 715
incompetent persons and adults involved in the alleged incid ent 716
of interference with custody. 717
(b) A copy of the agreed -upon parenting plan or court 718
order, or a statement acknowledging the absence of such a plan 719
or order, along with the law enforcement officer's evaluation of 720
each parent's or legal guardian's righ ts to custody or 721
visitation based on the law enforcement officer's review of the 722
agreed-upon parenting plan or court order. 723
(c) A statement by the law enforcement officer stating the 724
grounds for arresting or declining to arrest any individual 725
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named in the alleged incident of interference with custody. 726
(d) A statement by the law enforcement officer indicating 727
that he or she provided the victim or the complainant with a 728
copy of the notice required under subsection (6) and an 729
explanation of the process for filing a nonarrest probable cause 730
affidavit with the state attorney's office malicious intent to 731
deprive another person of his or her right to custody of the 732
minor or incompetent person commits a felony of the third 733
degree, punishable as provided in s. 77 5.082, s. 775.083, or s. 734
775.084. 735
(3) A subsequently obtained court order for custody or 736
visitation does not affect application of this section. 737
(8)(4) It is a defense to a violation of this section 738
that: 739
(a) The defendant had reasonable cause to bel ieve that his 740
or her action was necessary to preserve the minor or the 741
incompetent person from danger to his or her welfare. 742
(b) The defendant was the victim of an act of domestic 743
violence or had reasonable cause to believe that he or she was 744
about to become the victim of an act of domestic violence as 745
defined in s. 741.28, and the defendant had reasonable cause to 746
believe that the action was necessary in order for the defendant 747
to escape from, or protect himself or herself from, the domestic 748
violence or to preserve the minor or incompetent person from 749
exposure to the domestic violence. 750
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(c) Without knowledge of an agreed -upon parenting plan or 751
a court order, the minor or incompetent person was taken away at 752
his or her own instigation without enticement a nd without 753
purpose to commit a criminal offense with or against the minor 754
or incompetent person, and the defendant establishes that it was 755
reasonable to rely on the instigating acts of the minor or 756
incompetent person. 757
(9)(5) Proof that a person has not a ttained the age of 18 758
years of age creates the presumption that the defendant knew the 759
minor's age or acted in reckless disregard thereof. 760
(10) Each law enforcement agency shall adopt written 761
policies and procedures for addressing cases of interference 762
with custody and shall create and implement annual training for 763
all law enforcement personnel and victim advocates. 764
(6)(a) The offenses prescribed in subsections (1) and (2) 765
do not apply in cases in which a person having a legal right to 766
custody of a minor or incompetent person is the victim of any 767
act of domestic violence, has reasonable cause to believe he or 768
she is about to become the victim of any act of domestic 769
violence, as defined in s. 741.28, or believes that his or her 770
action was necessary to preserve the minor or the incompetent 771
person from danger to his or her welfare and seeks shelter from 772
such acts or possible acts and takes with him or her the minor 773
or incompetent person. 774
(b) In order to gain the exception conferred by paragraph 775
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(a), a person who takes a minor or incompetent person under this 776
subsection must: 777
1. Within 10 days after taking the minor or incompetent 778
person, make a report to the sheriff's office or state 779
attorney's office for the county in which the minor or 780
incompetent person resided at the time he or she was taken, 781
which report must include the name of the person taking the 782
minor or incompetent person, the current address and telephone 783
number of the person and minor or incompetent person, and the 784
reasons the minor or inc ompetent person was taken. 785
2. Within a reasonable time after taking a minor, commence 786
a custody proceeding that is consistent with the federal 787
Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the 788
Uniform Child Custody Jurisdiction and Enforceme nt Act, ss. 789
61.501-61.542. 790
3. Inform the sheriff's office or state attorney's office 791
for the county in which the minor or incompetent person resided 792
at the time he or she was taken of any change of address or 793
telephone number of the person and the minor or incompetent 794
person. 795
(c)1. The current address and telephone number of the 796
person and the minor or incompetent person which are contained 797
in the report made to a sheriff or state attorney under 798
paragraph (b) are confidential and exempt from s. 119.07(1 ) and 799
s. 24(a), Art. I of the State Constitution. 800
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2. A sheriff or state attorney may allow an agency, as 801
defined in s. 119.011, to inspect and copy records made 802
confidential and exempt under this paragraph in the furtherance 803
of that agency's duties and r esponsibilities. 804
Section 20. Paragraph (b) of subsection (1) of section 805
827.03, Florida Statutes, is amended to read: 806
827.03 Abuse, aggravated abuse, and neglect of a child; 807
penalties.— 808
(1) DEFINITIONS.—As used in this section, the term: 809
(b) "Child abuse" means: 810
1. Intentional infliction of physical or mental injury 811
upon a child; 812
2. An intentional act that could reasonably be expected to 813
result in physical or mental injury to a child; or 814
3. Active encouragement of any person to commit an act 815
that results or could reasonably be expected to result in 816
physical or mental injury to a child ; or 817
4. A violation of s. 787.03, relating to interference with 818
custody. 819
Section 21. Section 1003.042, Florida Statutes, is created 820
to read: 821
1003.042 Custody agreements; verification; 822
responsibilities.— 823
(1) CUSTODY AGREEMENTS. —Schools are responsible for and 824
are required to enforce and adhere to any parenting plan or 825
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court order that specifies custody arrangements, including the 826
designated parent or l egal guardian for student pickup. This 827
subsection applies in cases where parents or legal guardians 828
reside in separate households and share custody of a child. 829
Schools must keep on file an up -to-date and accurate record of 830
the parenting plan or court order . 831
(2) AUTHORIZATION LISTS. —The parents or legal guardians of 832
a child must be given the opportunity to provide the school with 833
their respective lists of authorized individuals who are 834
permitted to pick up the child during their time -sharing. These 835
lists must include the names and contact information of 836
individuals authorized for each parent or legal guardian. 837
(3) VERIFICATION OF IDENTITY AND CUSTODY RIGHTS. —A school 838
must verify the identity and custody rights of any individual 839
requesting to pick up a chi ld from school premises. The school 840
may release the child only to an individual on the provided list 841
for the parent or legal guardian who has custodial rights on 842
that specific day as specified in the parenting plan or court 843
order. 844
(4) ADDRESSING AMBIGUIT IES.—A school must establish and 845
implement clear policies to address and manage situations in 846
which the parenting plan or court order may be ambiguous. 847
Schools must consult with the parents or legal guardians of a 848
child to resolve any uncertainties regardi ng custody 849
arrangements or pick -up permissions. 850
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(5) ENSURING SAFE RELEASE. —A school must ensure that the 851
child is released only to the designated parent or legal 852
guardian, or to an individual explicitly authorized by the 853
parent or legal guardian who has custodial rights on that 854
specific day as specified in the parenting plan or court order. 855
The unauthorized release of a child, in violation of this 856
subsection, may result in prosecution under s. 787.03. An 857
individual who releases a child to anyone other tha n the 858
designated parent or legal guardian or an authorized individual 859
when the school has on file a parenting plan or court order 860
commits a misdemeanor of the first degree, punishable as 861
provided in s. 775.082 or s. 775.083. 862
Section 22. Subsection (7) of section 61.45, Florida 863
Statutes, is amended to read: 864
61.45 Court-ordered parenting plan; risk of violation; 865
bond.— 866
(7)(a) Upon a material violation of any parenting plan by 867
removing a child from this state or country or by concealing the 868
whereabouts of a child, the court may order the bond or other 869
security forfeited in whole or in part. 870
(b) This section, including the requirement to post a bond 871
or other security, does not apply to a parent who, in a 872
proceeding to order or modify a parenting plan o r time-sharing 873
schedule, is determined by the court to be a victim of an act of 874
domestic violence or provides the court with reasonable cause to 875
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believe that he or she is about to become the victim of an act 876
of domestic violence, as defined in s. 741.28. A n injunction for 877
protection against domestic violence issued pursuant to s. 878
741.30 for a parent as the petitioner which is in effect at the 879
time of the court proceeding shall be one means of demonstrating 880
sufficient evidence that the parent is a victim of domestic 881
violence or is about to become the victim of an act of domestic 882
violence, as defined in s. 741.28, and shall exempt the parent 883
from this section, including the requirement to post a bond or 884
other security. A parent who is determined by the court t o be 885
exempt from the requirements of this section must meet the 886
requirements of s. 787.03(6) if an offense of interference with 887
the parenting plan or time -sharing schedule is committed. 888
Section 23. Paragraph (d) of subsection (3) of section 889
921.0022, Florida Statutes, is amended to read: 890
921.0022 Criminal Punishment Code; offense severity 891
ranking chart.— 892
(3) OFFENSE SEVERITY RANKING CHART 893
(d) LEVEL 4 894
895
Florida
Statute
Felony
Degree Description
896
316.1935(3)(a) 2nd Driving at high speed or
with wanton disregard
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for safety while fleeing
or attempting to elude
law enforcement officer
who is in a patrol
vehicle with siren and
lights activated.
897
499.0051(1) 3rd Failure to maintain or
deliver transaction
history, transaction
information, or
transaction statements.
898
499.0051(5) 2nd Knowing sale or
delivery, or possession
with intent to sell,
contraband prescription
drugs.
899
517.07(1) 3rd Failure to register
securities.
900
517.12(1) 3rd Failure of dealer or
associated person of a
dealer of securities to
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register.
901
784.031 3rd Battery by
strangulation.
902
784.07(2)(b) 3rd Battery of law
enforcement officer,
firefighter, etc.
903
784.074(1)(c) 3rd Battery of sexually
violent predators
facility staff.
904
784.075 3rd Battery on detention or
commitment facility
staff.
905
784.078 3rd Battery of facility
employee by throwing,
tossing, or expelling
certain fluids or
materials.
906
784.08(2)(c) 3rd Battery on a person 65
years of age or older.
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907
784.081(3) 3rd Battery on specified
official or employee.
908
784.082(3) 3rd Battery by detained
person on visitor or
other detainee.
909
784.083(3) 3rd Battery on code
inspector.
910
784.085 3rd Battery of child by
throwing, tossing,
projecting, or expelling
certain fluids or
materials.
911
787.03(2)
787.03(1)
3rd Interference with
custody; wrongly takes
minor or incompetent
person from parent or
legal appointed
guardian.
912
787.04(2) 3rd Take, entice, or remove
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child beyond state
limits with criminal
intent pending custody
proceedings.
913
787.04(3) 3rd Carrying child beyond
state lines with
criminal intent to avoid
producing child at
custody hearing or
delivering to designated
person.
914
787.07 3rd Human smuggling.
915
790.115(1) 3rd Exhibiting firearm or
weapon within 1,000 feet
of a school.
916
790.115(2)(b) 3rd Possessing electric
weapon or device,
destructive device, or
other weapon on school
property.
917
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790.115(2)(c) 3rd Possessing firearm on
school property.
918
794.051(1) 3rd Indecent, lewd, or
lascivious touching of
certain minors.
919
800.04(7)(c) 3rd Lewd or lascivious
exhibition; offender
less than 18 years.
920
806.135 2nd Destroying or
demolishing a memorial
or historic property.
921
810.02(4)(a) 3rd Burglary, or attempted
burglary, of an
unoccupied structure;
unarmed; no assault or
battery.
922
810.02(4)(b) 3rd Burglary, or attempted
burglary, of an
unoccupied conveyance;
unarmed; no assault or
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battery.
923
810.06 3rd Burglary; possession of
tools.
924
810.08(2)(c) 3rd Trespass on property,
armed with firearm or
dangerous weapon.
925
810.145(3)(b) 3rd Digital voyeurism
dissemination.
926
812.014(2)(c)3. 3rd Grand theft, 3rd degree
$10,000 or more but less
than $20,000.
927
812.014
(2)(c)4. &
6.-10.
3rd Grand theft, 3rd degree;
specified items.
928
812.014(2)(d)2. 3rd Grand theft, 3rd degree;
$750 or more taken from
dwelling or its
unenclosed curtilage.
929
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812.014(2)(e)3. 3rd Petit theft, 1st degree;
less than $40 taken from
dwelling or its
unenclosed curtilage
with two or more prior
theft convictions.
930
812.0195(2) 3rd Dealing in stolen
property by use of the
Internet; property
stolen $300 or more.
931
817.505(4)(a) 3rd Patient brokering.
932
817.563(1) 3rd Sell or deliver
substance other than
controlled substance
agreed upon, excluding
s. 893.03(5) drugs.
933
817.568(2)(a) 3rd Fraudulent use of
personal identification
information.
934
817.5695(3)(c) 3rd Exploitation of person
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65 years of age or
older, value less than
$10,000.
935
817.625(2)(a) 3rd Fraudulent use of
scanning device,
skimming device, or
reencoder.
936
817.625(2)(c) 3rd Possess, sell, or
deliver skimming device.
937
828.125(1) 2nd Kill, maim, or cause
great bodily harm or
permanent breeding
disability to any
registered horse or
cattle.
938
836.14(2) 3rd Person who commits theft
of a sexually explicit
image with intent to
promote it.
939
836.14(3) 3rd Person who willfully
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possesses a sexually
explicit image with
certain knowledge,
intent, and purpose.
940
837.02(1) 3rd Perjury in official
proceedings.
941
837.021(1) 3rd Make contradictory
statements in official
proceedings.
942
838.022 3rd Official misconduct.
943
839.13(2)(a) 3rd Falsifying records of an
individual in the care
and custody of a state
agency.
944
839.13(2)(c) 3rd Falsifying records of
the Department of
Children and Families.
945
843.021 3rd Possession of a
concealed handcuff key
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by a person in custody.
946
843.025 3rd Deprive law enforcement,
correctional, or
correctional probation
officer of means of
protection or
communication.
947
843.15(1)(a) 3rd Failure to appear while
on bail for felony (bond
estreature or bond
jumping).
948
843.19(2) 2nd Injure, disable, or kill
police, fire, or SAR
canine or police horse.
949
847.0135(5)(c) 3rd Lewd or lascivious
exhibition using
computer; offender less
than 18 years.
950
870.01(3) 2nd Aggravated rioting.
951
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870.01(5) 2nd Aggravated inciting a
riot.
952
874.05(1)(a) 3rd Encouraging or
recruiting another to
join a criminal gang.
953
893.13(2)(a)1. 2nd Purchase of cocaine (or
other s. 893.03(1)(a),
(b), or (d), (2)(a),
(2)(b), or (2)(c)5.
drugs).
954
914.14(2) 3rd Witnesses accepting
bribes.
955
914.22(1) 3rd Force, threaten, etc.,
witness, victim, or
informant.
956
914.23(2) 3rd Retaliation against a
witness, victim, or
informant, no bodily
injury.
957
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916.1085
(2)(c)1.
3rd Introduction of
specified contraband
into certain DCF
facilities.
958
918.12 3rd Tampering with jurors.
959
934.215 3rd Use of two-way
communications device to
facilitate commission of
a crime.
960
944.47(1)(a)6. 3rd Introduction of
contraband (cellular
telephone or other
portable communication
device) into
correctional
institution.
961
951.22(1)(h),
(j) & (k)
3rd Intoxicating drug,
instrumentality or other
device to aid escape, or
cellular telephone or
other portable
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communication device
introduced into county
detention facility.
962
Section 24. For the purpose of incorporating the amendment 963
made by this act to section 39.01, Florida Statutes, in a 964
reference thereto, Subsection (8) of section 39.205, Florida 965
Statutes, is reenacted to read: 966
39.205 Penalties relating to reporting of child abuse, 967
abandonment, or neglect. — 968
(8) If the departmen t or its authorized agent has 969
determined during the course of its investigation that a report 970
is a false report, the department may discontinue all 971
investigative activities and shall, with the consent of the 972
alleged perpetrator, refer the report to the loc al law 973
enforcement agency having jurisdiction for an investigation to 974
determine whether sufficient evidence exists to refer the case 975
for prosecution for filing a false report as defined in s. 976
39.01. During the pendency of the investigation, the department 977
must notify the local law enforcement agency of, and the local 978
law enforcement agency must respond to, all subsequent reports 979
concerning children in that same family in accordance with s. 980
39.301. If the law enforcement agency believes that there are 981
indicators of abuse, abandonment, or neglect, it must 982
immediately notify the department, which must ensure the safety 983
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of the children. If the law enforcement agency finds sufficient 984
evidence for prosecution for filing a false report, it must 985
refer the case to th e appropriate state attorney for 986
prosecution. 987
Section 25. For the purpose of incorporating the amendment 988
made by this act to section 39.01, Florida Statutes, in a 989
reference thereto, paragraph (b) of subsection (2) of section 990
39.301, Florida Statutes, i s reenacted to read: 991
39.301 Initiation of protective investigations. — 992
(2) 993
(b) As used in this subsection, the term "criminal 994
conduct" means: 995
1. A child is known or suspected to be the victim of child 996
abuse, as defined in s. 827.03, or of neglect of a child, as 997
defined in s. 827.03. 998
2. A child is known or suspected to have died as a result 999
of abuse or neglect. 1000
3. A child is known or suspected to be the victim of 1001
aggravated child abuse, as defined in s. 827.03. 1002
4. A child is known or suspected to be the victim of 1003
sexual battery, as defined in s. 827.071, or of sexual abuse, as 1004
defined in s. 39.01. 1005
5. A child is known or suspected to be the victim of 1006
institutional child abuse or neglect, as defined in s. 39.01, 1007
and as provided for in s. 39.302(1) . 1008
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6. A child is known or suspected to be a victim of human 1009
trafficking, as provided in s. 787.06. 1010
Section 26. For the purpose of incorporating the amendment 1011
made by this act to section 39.01, Florida Statutes, in a 1012
reference thereto, paragraph (b) of subsection (4) of section 1013
61.125, Florida Statutes, is reenacted to read: 1014
61.125 Parenting coordination. — 1015
(4) DOMESTIC VIOLENCE ISSUES. — 1016
(b) In determining whether there has been a history of 1017
domestic violence, the court shall consider whether a party has 1018
committed an act of domestic violence as defined s. 741.28, or 1019
child abuse as defined in s. 39.01, against the other party or 1020
any member of the other party's family; engaged in a pattern of 1021
behaviors that exert power and control over the other pa rty and 1022
that may compromise the other party's ability to negotiate a 1023
fair result; or engaged in behavior that leads the other party 1024
to have reasonable cause to believe he or she is in imminent 1025
danger of becoming a victim of domestic violence. The court 1026
shall consider and evaluate all relevant factors, including, but 1027
not limited to, the factors listed in s. 741.30(6)(b). 1028
Section 27. For the purpose of incorporating the amendment 1029
made by this act to section 39.01, Florida Statutes, in a 1030
reference thereto, paragraph (c) of subsection (2) of section 1031
61.13, Florida Statutes, is reenacted to read: 1032
61.13 Support of children; parenting and time -sharing; 1033
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powers of court.— 1034
(2) 1035
(c) The court shall determine all matters relating to 1036
parenting and time-sharing of each minor child of the parties in 1037
accordance with the best interests of the child and in 1038
accordance with the Uniform Child Custody Jurisdiction and 1039
Enforcement Act, except that modification of a parenting plan 1040
and time-sharing schedule requires a showing of a substantial 1041
and material change of circumstances. 1042
1. It is the public policy of this state that each minor 1043
child has frequent and continuing contact with both parents 1044
after the parents separate or the marriage of the parties is 1045
dissolved and to enc ourage parents to share the rights and 1046
responsibilities, and joys, of childrearing. Unless otherwise 1047
provided in this section or agreed to by the parties, there is a 1048
rebuttable presumption that equal time -sharing of a minor child 1049
is in the best interests o f the minor child. To rebut this 1050
presumption, a party must prove by a preponderance of the 1051
evidence that equal time -sharing is not in the best interests of 1052
the minor child. Except when a time -sharing schedule is agreed 1053
to by the parties and approved by the court, the court must 1054
evaluate all of the factors set forth in subsection (3) and make 1055
specific written findings of fact when creating or modifying a 1056
time-sharing schedule. 1057
2. The court shall order that the parental responsibility 1058
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for a minor child be s hared by both parents unless the court 1059
finds that shared parental responsibility would be detrimental 1060
to the child. In determining detriment to the child, the court 1061
shall consider: 1062
a. Evidence of domestic violence, as defined in s. 741.28; 1063
b. Whether either parent has or has had reasonable cause 1064
to believe that he or she or his or her minor child or children 1065
are or have been in imminent danger of becoming victims of an 1066
act of domestic violence as defined in s. 741.28 or sexual 1067
violence as defined in s. 784.046(1)(c) by the other parent 1068
against the parent or against the child or children whom the 1069
parents share in common regardless of whether a cause of action 1070
has been brought or is currently pending in the court; 1071
c. Whether either parent has or has had reasonable cause 1072
to believe that his or her minor child or children are or have 1073
been in imminent danger of becoming victims of an act of abuse, 1074
abandonment, or neglect, as those terms are defined in s. 39.01, 1075
by the other parent against the child or childr en whom the 1076
parents share in common regardless of whether a cause of action 1077
has been brought or is currently pending in the court; and 1078
d. Any other relevant factors. 1079
3. The following evidence creates a rebuttable presumption 1080
that shared parental respon sibility is detrimental to the child: 1081
a. A parent has been convicted of a misdemeanor of the 1082
first degree or higher involving domestic violence, as defined 1083
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in s. 741.28 and chapter 775; 1084
b. A parent meets the criteria of s. 39.806(1)(d); or 1085
c. A parent has been convicted of or had adjudication 1086
withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 1087
at the time of the offense: 1088
(I) The parent was 18 years of age or older. 1089
(II) The victim was under 18 years of age or the parent 1090
believed the victim to be under 18 years of age. 1091
1092
If the presumption is not rebutted after the convicted parent is 1093
advised by the court that the presumption exists, shared 1094
parental responsibility, including time -sharing with the child, 1095
and decisions made regarding the c hild, may not be granted to 1096
the convicted parent. However, the convicted parent is not 1097
relieved of any obligation to provide financial support. If the 1098
court determines that shared parental responsibility would be 1099
detrimental to the child, it may order sole parental 1100
responsibility and make such arrangements for time -sharing as 1101
specified in the parenting plan as will best protect the child 1102
or abused spouse from further harm. Whether or not there is a 1103
conviction of any offense of domestic violence or child abu se or 1104
the existence of an injunction for protection against domestic 1105
violence, the court shall consider evidence of domestic violence 1106
or child abuse as evidence of detriment to the child. 1107
4. In ordering shared parental responsibility, the court 1108
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may consider the expressed desires of the parents and may grant 1109
to one party the ultimate responsibility over specific aspects 1110
of the child's welfare or may divide those responsibilities 1111
between the parties based on the best interests of the child. 1112
Areas of responsibility may include education, health care, and 1113
any other responsibilities that the court finds unique to a 1114
particular family. 1115
5. The court shall order sole parental responsibility for 1116
a minor child to one parent, with or without time -sharing with 1117
the other parent if it is in the best interests of the minor 1118
child. 1119
6. There is a rebuttable presumption against granting 1120
time-sharing with a minor child if a parent has been convicted 1121
of or had adjudication withheld for an offense enumerated in s. 1122
943.0435(1)(h)1.a., and at the time of the offense: 1123
a. The parent was 18 years of age or older. 1124
b. The victim was under 18 years of age or the parent 1125
believed the victim to be under 18 years of age. 1126
1127
A parent may rebut the presumption upon a specific finding in 1128
writing by the court that the parent poses no significant risk 1129
of harm to the child and that time -sharing is in the best 1130
interests of the minor child. If the presumption is rebutted, 1131
the court must consider all time -sharing factors in subsection 1132
(3) when developing a time-sharing schedule. 1133
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7. Access to records and information pertaining to a minor 1134
child, including, but not limited to, medical, dental, and 1135
school records, may not be denied to either parent. Full rights 1136
under this subparagraph apply to eithe r parent unless a court 1137
order specifically revokes these rights, including any 1138
restrictions on these rights as provided in a domestic violence 1139
injunction. A parent having rights under this subparagraph has 1140
the same rights upon request as to form, substance , and manner 1141
of access as are available to the other parent of a child, 1142
including, without limitation, the right to in -person 1143
communication with medical, dental, and education providers. 1144
Section 28. For the purpose of incorporating the amendment 1145
made by this act to section 39.01, Florida Statutes, in a 1146
reference thereto, section 61.401, Florida Statutes, is 1147
reenacted to read: 1148
61.401 Appointment of guardian ad litem. —In an action for 1149
dissolution of marriage or for the creation, approval, or 1150
modification of a parenting plan, if the court finds it is in 1151
the best interest of the child, the court may appoint a guardian 1152
ad litem to act as next friend of the child, investigator or 1153
evaluator, not as attorney or advocate. The court in its 1154
discretion may also ap point legal counsel for a child to act as 1155
attorney or advocate; however, the guardian and the legal 1156
counsel shall not be the same person. In such actions which 1157
involve an allegation of child abuse, abandonment, or neglect as 1158
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defined in s. 39.01, which alle gation is verified and determined 1159
by the court to be well -founded, the court shall appoint a 1160
guardian ad litem for the child. The guardian ad litem shall be 1161
a party to any judicial proceeding from the date of the 1162
appointment until the date of discharge. 1163
Section 29. For the purpose of incorporating the amendment 1164
made by this act to section 39.01, Florida Statutes, in a 1165
reference thereto, subsection (3) of section 61.402, Florida 1166
Statutes, is reenacted to read: 1167
61.402 Qualifications of guardians ad lite m.— 1168
(3) Only a guardian ad litem who qualifies under paragraph 1169
(1)(a) or paragraph (1)(c) may be appointed to a case in which 1170
the court has determined that there are well -founded allegations 1171
of child abuse, abandonment, or neglect as defined in s. 39.01. 1172
Section 30. For the purpose of incorporating the amendment 1173
made by this act to section 39.01, Florida Statutes, in a 1174
reference thereto, subsection (8) of section 95.11, Florida 1175
Statutes, is reenacted to read: 1176
95.11 Limitations other than for the rec overy of real 1177
property.—Actions other than for recovery of real property shall 1178
be commenced as follows: 1179
(8) FOR INTENTIONAL TORTS BASED ON ABUSE. —An action 1180
founded on alleged abuse, as defined in s. 39.01, s. 415.102, or 1181
s. 984.03; incest, as defined in s. 826.04; or an action brought 1182
pursuant to s. 787.061 may be commenced at any time within 7 1183
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years after the age of majority, or within 4 years after the 1184
injured person leaves the dependency of the abuser, or within 4 1185
years from the time of discovery by th e injured party of both 1186
the injury and the causal relationship between the injury and 1187
the abuse, whichever occurs later. 1188
Section 31. For the purpose of incorporating the amendment 1189
made by this act to section 39.01, Florida Statutes, in a 1190
reference thereto, Subsection (2) of section 154.067, Florida 1191
Statutes, is reenacted to read: 1192
154.067 Child abuse and neglect cases; duties. —The 1193
Department of Health shall adopt a rule requiring every county 1194
health department, as described in s. 154.01, to adopt a 1195
protocol that, at a minimum, requires the county health 1196
department to: 1197
(2) In any case involving suspected child abuse, 1198
abandonment, or neglect, designate, at the request of the 1199
department, a staff physician to act as a liaison between the 1200
county health department and the Department of Children and 1201
Families office that is investigating the suspected abuse, 1202
abandonment, or neglect, and the Child Protection Team, as 1203
defined in s. 39.01, when the case is referred to such a team. 1204
Section 32. For the purpose of incorporating the amendment 1205
made by this act to section 39.01, Florida Statutes, in a 1206
reference thereto, paragraph (b) of subsection (2) of section 1207
390.01114, Florida Statutes, is reenacted to read: 1208
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390.01114 Parental Notice of and Consent for Abortio n 1209
Act.— 1210
(2) DEFINITIONS.—As used in this section, the term: 1211
(b) "Child abuse" means abandonment, abuse, harm, mental 1212
injury, neglect, physical injury, or sexual abuse of a child as 1213
those terms are defined in ss. 39.01, 827.04, and 984.03. 1214
Section 33. For the purpose of incorporating the amendment 1215
made by this act to section 39.01, Florida Statutes, in 1216
references thereto, paragraph (g) of subsection (4) and 1217
subsections (7) and (9) of section 393.067, Florida Statutes, 1218
are reenacted to read: 1219
393.067 Facility licensure. — 1220
(4) The application shall be under oath and shall contain 1221
the following: 1222
(g) Certification that the staff of the facility or adult 1223
day training program will receive training to detect, report, 1224
and prevent sexual abuse, abuse, ne glect, exploitation, and 1225
abandonment, as defined in ss. 39.01 and 415.102, of residents 1226
and clients. 1227
(7) The agency shall adopt rules establishing minimum 1228
standards for facilities and adult day training programs 1229
licensed under this section, including rul es requiring 1230
facilities and adult day training programs to train staff to 1231
detect, report, and prevent sexual abuse, abuse, neglect, 1232
exploitation, and abandonment, as defined in ss. 39.01 and 1233
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415.102, of residents and clients, minimum standards of quality 1234
and adequacy of client care, incident reporting requirements, 1235
and uniform firesafety standards established by the State Fire 1236
Marshal which are appropriate to the size of the facility or 1237
adult day training program. 1238
(9) The agency may conduct unannounced in spections to 1239
determine compliance by foster care facilities, group home 1240
facilities, residential habilitation centers, and adult day 1241
training programs with the applicable provisions of this chapter 1242
and the rules adopted pursuant hereto, including the rules 1243
adopted for training staff of a facility or an adult day 1244
training program to detect, report, and prevent sexual abuse, 1245
abuse, neglect, exploitation, and abandonment, as defined in ss. 1246
39.01 and 415.102, of residents and clients. The facility or 1247
adult day training program shall make copies of inspection 1248
reports available to the public upon request. 1249
Section 34. For the purpose of incorporating the amendment 1250
made by this act to section 39.01, Florida Statutes, in a 1251
reference thereto, Subsection (2) of sect ion 395.1023, Florida 1252
Statutes, is reenacted to read: 1253
395.1023 Child abuse and neglect cases; duties. —Each 1254
licensed facility shall adopt a protocol that, at a minimum, 1255
requires the facility to: 1256
(2) In any case involving suspected child abuse, 1257
abandonment, or neglect, designate, at the request of the 1258
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department, a staff physician to act as a liaison between the 1259
hospital and the Department of Children and Families office 1260
which is investigating the suspected abuse, abandonment, or 1261
neglect, and the Child Pr otection Team, as defined in s. 39.01, 1262
when the case is referred to such a team. 1263
1264
Each general hospital and appropriate specialty hospital shall 1265
comply with the provisions of this section and shall notify the 1266
agency and the department of its compliance by sending a copy of 1267
its policy to the agency and the department as required by rule. 1268
The failure by a general hospital or appropriate specialty 1269
hospital to comply shall be punished by a fine not exceeding 1270
$1,000, to be fixed, imposed, and collected by the ag ency. Each 1271
day in violation is considered a separate offense. 1272
Section 35. For the purpose of incorporating the amendment 1273
made by this act to section 39.01, Florida Statutes, in a 1274
reference thereto, subsection (3) of section 744.309, Florida 1275
Statutes, is reenacted to read: 1276
744.309 Who may be appointed guardian of a resident ward. — 1277
(3) DISQUALIFIED PERSONS. —No person who has been convicted 1278
of a felony or who, from any incapacity or illness, is incapable 1279
of discharging the duties of a guardian, or who is otherwise 1280
unsuitable to perform the duties of a guardian, shall be 1281
appointed to act as guardian. Further, no person who has been 1282
judicially determined to have committed abuse, abandonment, or 1283
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neglect against a child as defined in s. 39.01 or s. 984.03(1 ), 1284
(2), and (37), or who has been found guilty of, regardless of 1285
adjudication, or entered a plea of nolo contendere or guilty to, 1286
any offense prohibited under s. 435.04 or similar statute of 1287
another jurisdiction, shall be appointed to act as a guardian. 1288
Except as provided in subsection (5) or subsection (6), a person 1289
who provides substantial services to the proposed ward in a 1290
professional or business capacity, or a creditor of the proposed 1291
ward, may not be appointed guardian and retain that previous 1292
professional or business relationship. A person may not be 1293
appointed a guardian if he or she is in the employ of any 1294
person, agency, government, or corporation that provides service 1295
to the proposed ward in a professional or business capacity, 1296
except that a person so employed may be appointed if he or she 1297
is the spouse, adult child, parent, or sibling of the proposed 1298
ward or the court determines that the potential conflict of 1299
interest is insubstantial and that the appointment would clearly 1300
be in the proposed ward's best interest. The court may not 1301
appoint a guardian in any other circumstance in which a conflict 1302
of interest may occur. 1303
Section 36. For the purpose of incorporating the amendment 1304
made by this act to section 39.01, Florida Statutes, in a 1305
reference thereto, paragraph (c) of subsection (8) of section 1306
1001.42, Florida Statutes, is reenacted to read: 1307
1001.42 Powers and duties of district school board. —The 1308
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district school board, acting as a board, shall exercise all 1309
powers and perform all duties listed be low: 1310
(8) STUDENT WELFARE. — 1311
(c)1. In accordance with the rights of parents enumerated 1312
in ss. 1002.20 and 1014.04, adopt procedures for notifying a 1313
student's parent if there is a change in the student's services 1314
or monitoring related to the student's mental, emotional, or 1315
physical health or well -being and the school's ability to 1316
provide a safe and supportive learning environment for the 1317
student. The procedures must reinforce the fundamental right of 1318
parents to make decisions regarding the upbringing an d control 1319
of their children by requiring school district personnel to 1320
encourage a student to discuss issues relating to his or her 1321
well-being with his or her parent or to facilitate discussion of 1322
the issue with the parent. The procedures may not prohibit 1323
parents from accessing any of their student's education and 1324
health records created, maintained, or used by the school 1325
district, as required by s. 1002.22(2). 1326
2. A school district may not adopt procedures or student 1327
support forms that prohibit school distr ict personnel from 1328
notifying a parent about his or her student's mental, emotional, 1329
or physical health or well -being, or a change in related 1330
services or monitoring, or that encourage or have the effect of 1331
encouraging a student to withhold from a parent suc h 1332
information. School district personnel may not discourage or 1333
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prohibit parental notification of and involvement in critical 1334
decisions affecting a student's mental, emotional, or physical 1335
health or well-being. This subparagraph does not prohibit a 1336
school district from adopting procedures that permit school 1337
personnel to withhold such information from a parent if a 1338
reasonably prudent person would believe that disclosure would 1339
result in abuse, abandonment, or neglect, as those terms are 1340
defined in s. 39.01. 1341
3. Classroom instruction by school personnel or third 1342
parties on sexual orientation or gender identity may not occur 1343
in prekindergarten through grade 8, except when required by ss. 1344
1003.42(2)(o)3. and 1003.46. If such instruction is provided in 1345
grades 9 through 12, the instruction must be age -appropriate or 1346
developmentally appropriate for students in accordance with 1347
state standards. This subparagraph applies to charter schools. 1348
4. Student support services training developed or provided 1349
by a school district to school district personnel must adhere to 1350
student services guidelines, standards, and frameworks 1351
established by the Department of Education. 1352
5. At the beginning of the school year, each school 1353
district shall notify parents of each health care service 1354
offered at their student's school and the option to withhold 1355
consent or decline any specific service in accordance with s. 1356
1014.06. Parental consent to a health care service does not 1357
waive the parent's right to access his or her student's 1358
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educational or health records or to be notified about a change 1359
in his or her student's services or monitoring as provided by 1360
this paragraph. 1361
6. Before administering a student well -being questionnaire 1362
or health screening form to a student in kindergarten through 1363
grade 3, the school district must provide the questionnaire or 1364
health screening form to the parent and obtain the permission of 1365
the parent. 1366
7. Each school district shall adopt procedures for a 1367
parent to notify the principal, or his or her designee, 1368
regarding concerns under this paragraph at his or her student's 1369
school and the process for resolving those concerns within 7 1370
calendar days after notification by the parent. 1371
a. At a minimum, the procedures must require that within 1372
30 days after notification by the par ent that the concern 1373
remains unresolved, the school district must either resolve the 1374
concern or provide a statement of the reasons for not resolving 1375
the concern. 1376
b. If a concern is not resolved by the school district, a 1377
parent may: 1378
(I) Request the Comm issioner of Education to appoint a 1379
special magistrate who is a member of The Florida Bar in good 1380
standing and who has at least 5 years' experience in 1381
administrative law. The special magistrate shall determine facts 1382
relating to the dispute over the school d istrict procedure or 1383
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practice, consider information provided by the school district, 1384
and render a recommended decision for resolution to the State 1385
Board of Education within 30 days after receipt of the request 1386
by the parent. The State Board of Education mu st approve or 1387
reject the recommended decision at its next regularly scheduled 1388
meeting that is more than 7 calendar days and no more than 30 1389
days after the date the recommended decision is transmitted. The 1390
costs of the special magistrate shall be borne by t he school 1391
district. The State Board of Education shall adopt rules, 1392
including forms, necessary to implement this subparagraph. 1393
(II) Bring an action against the school district to obtain 1394
a declaratory judgment that the school district procedure or 1395
practice violates this paragraph and seek injunctive relief. A 1396
court may award damages and shall award reasonable attorney fees 1397
and court costs to a parent who receives declaratory or 1398
injunctive relief. 1399
c. Each school district shall adopt and post on its 1400
website policies to notify parents of the procedures required 1401
under this subparagraph. 1402
d. Nothing contained in this subparagraph shall be 1403
construed to abridge or alter rights of action or remedies in 1404
equity already existing under the common law or general law. 1405
Section 37. For the purpose of incorporating the amendment 1406
made by this act to section 39.206, Florida Statutes, in a 1407
reference thereto, paragraph (a) of subsection (3) of section 1408
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39.101, Florida Statutes, is reenacted to read: 1409
39.101 Central abuse hotline.—The central abuse hotline is 1410
the first step in the safety assessment and investigation 1411
process. 1412
(3) COLLECTION OF INFORMATION AND DATA. —The department 1413
shall: 1414
(a)1. Voice-record all incoming or outgoing calls that are 1415
received or placed by the central abuse hotline which relate to 1416
suspected or known child abuse, abandonment, or neglect and 1417
maintain an electronic copy of each report made to the central 1418
abuse hotline through a call or electronic reporting. 1419
2. Make the recording or electronic cop y of the report 1420
made to the central abuse hotline a part of the record of the 1421
report. Notwithstanding s. 39.202, the recording or electronic 1422
copy may only be released in full to law enforcement agencies 1423
and state attorneys for the purposes of investigating and 1424
prosecuting criminal charges under s. 39.205, or to employees of 1425
the department for the purposes of investigating and seeking 1426
administrative fines under s. 39.206. 1427
1428
This paragraph does not prohibit central abuse hotline 1429
counselors from using the recor dings or the electronic copy of 1430
reports for quality assurance or training purposes. 1431
Section 38. For the purpose of incorporating the amendment 1432
made by this act to section 827.03, Florida Statutes, in a 1433
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reference thereto, paragraph (b) of subsection (4) of section 1434
63.089, Florida Statutes, is reenacted to read: 1435
63.089 Proceeding to terminate parental rights pending 1436
adoption; hearing; grounds; dismissal of petition; judgment. — 1437
(4) FINDING OF ABANDONMENT. —A finding of abandonment 1438
resulting in a termina tion of parental rights must be based upon 1439
clear and convincing evidence that a parent or person having 1440
legal custody has abandoned the child in accordance with the 1441
definition contained in s. 63.032. A finding of abandonment may 1442
also be based upon emotiona l abuse or a refusal to provide 1443
reasonable financial support, when able, to a birth mother 1444
during her pregnancy or on whether the person alleged to have 1445
abandoned the child, while being able, failed to establish 1446
contact with the child or accept responsibil ity for the child's 1447
welfare. 1448
(b) The child has been abandoned when the parent of a 1449
child is incarcerated on or after October 1, 2001, in a federal, 1450
state, or county correctional institution and: 1451
1. The period of time for which the parent has been or is 1452
expected to be incarcerated will constitute a significant 1453
portion of the child's minority. In determining whether the 1454
period of time is significant, the court shall consider the 1455
child's age and the child's need for a permanent and stable 1456
home. The period of time begins on the date that the parent 1457
enters into incarceration; 1458
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2. The incarcerated parent has been determined by a court 1459
of competent jurisdiction to be a violent career criminal as 1460
defined in s. 775.084, a habitual violent felony offender as 1461
defined in s. 775.084, convicted of child abuse as defined in s. 1462
827.03, or a sexual predator as defined in s. 775.21; has been 1463
convicted of first degree or second degree murder in violation 1464
of s. 782.04 or a sexual battery that constitutes a capital, 1465
life, or first degree felony violation of s. 794.011; or has 1466
been convicted of a substantially similar offense in another 1467
jurisdiction. As used in this section, the term "substantially 1468
similar offense" means any offense that is substantially similar 1469
in elements and penalties to one of those listed in this 1470
subparagraph, and that is in violation of a law of any other 1471
jurisdiction, whether that of another state, the District of 1472
Columbia, the United States or any possession or territory 1473
thereof, or any foreign jurisdic tion; or 1474
3. The court determines by clear and convincing evidence 1475
that continuing the parental relationship with the incarcerated 1476
parent would be harmful to the child and, for this reason, 1477
termination of the parental rights of the incarcerated parent is 1478
in the best interests of the child. 1479
Section 39. For the purpose of incorporating the amendment 1480
made by this act to section 827.03, Florida Statutes, in a 1481
reference thereto, Subsection (5) of section 787.04, Florida 1482
Statutes, is reenacted to read: 1483
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787.04 Removing minors from state or concealing minors 1484
contrary to state agency order or court order. — 1485
(5) It is a defense under this section that a person who 1486
leads, takes, entices, or removes a minor beyond the limits of 1487
the state reasonably believes that his or her action was 1488
necessary to protect the minor from child abuse as defined in s. 1489
827.03. 1490
Section 40. For the purpose of incorporating the amendment 1491
made by this act to section 827.03, Florida Statutes, in a 1492
reference thereto, Subsection (8) of section 901.15, Florida 1493
Statutes, is reenacted to read: 1494
901.15 When arrest by officer without warrant is lawful. —A 1495
law enforcement officer may arrest a person without a warrant 1496
when: 1497
(8) There is probable cause to believe that the person has 1498
committed child abuse, as defined in s. 827.03, or has violated 1499
s. 787.025, relating to luring or enticing a child for unlawful 1500
purposes. The decision to arrest does not require consent of the 1501
victim or consideration of the relationship of the parties. It 1502
is the public policy of this state to protect abused children by 1503
strongly encouraging the arrest and prosecution of persons who 1504
commit child abuse. A law enforcement officer who acts in good 1505
faith and exercises due care in making an arrest under this 1506
subsection is immune from civil liability that otherwise might 1507
result by reason of his or her action. 1508
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Section 41. For the purpose of incorporating the amendment 1509
made by this act to section 827.03, Florida Statutes, in a 1510
reference thereto, paragraph (y) of subsecti on (2) of section 1511
943.0584, Florida Statutes, is reenacted to read: 1512
943.0584 Criminal history records ineligible for court -1513
ordered expunction or court -ordered sealing.— 1514
(2) A criminal history record is ineligible for a 1515
certificate of eligibility for ex punction or a court-ordered 1516
expunction pursuant to s. 943.0585 or a certificate of 1517
eligibility for sealing or a court -ordered sealing pursuant to 1518
s. 943.059 if the record is a conviction for any of the 1519
following offenses: 1520
(y) Child abuse or aggravated ch ild abuse, as defined in 1521
s. 827.03; 1522
Section 42. This act shall take effect October 1, 2025. 1523