FL
Florida House Bill H1191

Florida 2025 Regular Session

Florida House Bill H1191 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to supervision of children; amending 2
1616 ss. 39.01 and 827.03, F.S.; revising the definitions 3
1717 of the terms "harm" and "neglect of a child" for 4
1818 purposes of child protection and criminal child abuse 5
1919 and neglect provisions, respectively, to revise the 6
2020 required standards for supervision of children and 7
2121 specify that certain activities are not restricted; 8
2222 reenacting ss. 39.301(2)(b), 390.01114(2)(b), a nd 9
23-984.03(2), F.S., relating to initiation of protective 10
24-investigations, the Parental Notice of and Consent for 11
25-Abortion Act, and definitions, respectively, to 12
23+984.03(2), F.S., relating to definitions, parental 10
24+notice of and consent for abortion and initiation of 11
25+protective investigations, respectively, to 12
2626 incorporate amendments made by the act; providing an 13
2727 effective date. 14
2828 15
2929 Be It Enacted by the Legislatur e of the State of Florida: 16
3030 17
3131 Section 1. Paragraphs (a) and (f) of subsection (37) of 18
3232 section 39.01, Florida Statutes, are amended to read: 19
3333 39.01 Definitions.—When used in this chapter, unless the 20
3434 context otherwise requires: 21
3535 (37) "Harm" to a child's health or welfare can occur when 22
3636 any person: 23
3737 (a) Inflicts or allows to be inflicted upon the child 24
3838 physical, mental, or emotional injury. In determining whether 25
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4747 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
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5151 harm has occurred, the following factors must be considered in 26
5252 evaluating any physical, menta l, or emotional injury to a child: 27
5353 the age of the child; any prior history of injuries to the 28
5454 child; the location of the injury on the body of the child; the 29
5555 multiplicity of the injury; and the type of trauma inflicted. 30
5656 Such injury includes, but is not lim ited to: 31
5757 1. Willful acts that produce the following specific 32
5858 injuries: 33
5959 a. Sprains, dislocations, or cartilage damage. 34
6060 b. Bone or skull fractures. 35
6161 c. Brain or spinal cord damage. 36
6262 d. Intracranial hemorrhage or injury to other internal 37
6363 organs. 38
6464 e. Asphyxiation, suffocation, or drowning. 39
6565 f. Injury resulting from the use of a deadly weapon. 40
6666 g. Burns or scalding. 41
6767 h. Cuts, lacerations, punctures, or bites. 42
6868 i. Permanent or temporary disfigurement. 43
6969 j. Permanent or temporary loss or impairment of a body 44
7070 part or function. 45
7171 46
7272 As used in this subparagraph, the term "willful" refers to the 47
7373 intent to perform an action, not to the intent to achieve a 48
7474 result or to cause an injury. 49
7575 2. Purposely giving a child poison, alcohol, drugs, or 50
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8484 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
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8888 other substances that substantially affect the child's behavior, 51
8989 motor coordination, or judgment or that result in sickness or 52
9090 internal injury. For the purposes of this subparagraph, the term 53
9191 "drugs" means prescription drugs not prescribed for the child or 54
9292 not administered as prescribed, and controlled substances as 55
9393 outlined in Schedule I or Schedule II of s. 893.03. 56
94- 3. Leaving a child without adult supervision or 57
94+ 3. Leaving a child without necessary adult supervision or 57
9595 arrangement appropriate for the child's age or mental or 58
9696 physical condition, so that the child is una ble to care for the 59
9797 child's own needs, is subjected to obvious danger of which the 60
9898 child's caregiver knew or should have known, or another's basic 61
99-needs or is unable to exercise reasonable good judgment to avoid 62
100-serious harm to himself or herself or oth ers in responding to 63
101-any kind of physical or emotional crisis. This subparagraph may 64
102-not be construed to restrict a caregiver from allowing a child 65
103-of sufficient maturity and physical condition from engaging in 66
104-independent unsupervised activities, includin g, but not limited 67
105-to, traveling to or from school or nearby locations by bicycle 68
106-or on foot, playing outdoors, or remaining at home or any other 69
107-location for a reasonable period of time, unless allowing such 70
108-activities constitutes conduct that is so reckl ess as to 71
109-endanger the health or safety of the child. 72
99+needs or is unable to exercise minimally acceptable good 62
100+judgment to avoid serious harm to himself, herself, or others in 63
101+responding to any kind of physical or emotional crisis. This 64
102+subparagraph does not restrict a caregiver from allowing a child 65
103+of sufficient maturity and physical condition to engage in 66
104+independent unsupervised activities, including traveling t o or 67
105+from school or nearby locations by bicycle or on foot, playing 68
106+outdoors, or remaining at home or another location for a 69
107+reasonable period of time, unless allowing such activities 70
108+constitutes conduct that is so grossly negligent as to endanger 71
109+the health or safety of the child. 72
110110 4. Inappropriate or excessively harsh disciplinary action 73
111111 that is likely to result in physical injury, mental injury as 74
112112 defined in this section, or emotional injury. The significance 75
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121121 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
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125125 of any injury must be evaluated in light of the following 76
126126 factors: the age of the child; any prior history of injuries to 77
127127 the child; the location of the injury on the body of the child; 78
128128 the multiplicity of the injury; and the type of trauma 79
129129 inflicted. Corporal discipline may be considered excessive or 80
130130 abusive when it results in any of the following or other similar 81
131131 injuries: 82
132132 a. Sprains, dislocations, or cartilage damage. 83
133133 b. Bone or skull fractures. 84
134134 c. Brain or spinal cord damage. 85
135135 d. Intracranial hemorrhage or injury to other internal 86
136136 organs. 87
137137 e. Asphyxiation, suffocation, or drowning. 88
138138 f. Injury resulting from the use of a deadly weapon. 89
139139 g. Burns or scalding. 90
140140 h. Cuts, lacerations, punctures, or bites. 91
141141 i. Permanent or temporary disfigurement. 92
142142 j. Permanent or temporary loss or impairme nt of a body 93
143143 part or function. 94
144144 k. Significant bruises or welts. 95
145145 (f) Neglects the child. Within the context of the 96
146146 definition of "harm," the term "neglects the child" means that 97
147147 the parent or other person responsible for the child's welfare 98
148148 fails to supply the child with adequate food, clothing, shelter, 99
149149 or health care, although financially able to do so or although 100
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158158 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
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162-offered financial or other means to do so ; however, the term 101
163-does not include a caregiver allowing a child to eng age in 102
164-independent and unsupervised activities unless allowing such 103
165-activities constitutes reckless conduct that endangers the 104
166-health or safety of the child. Such independent and unsupervised 105
167-activities include, but are not limited to, traveling to or from 106
168-school or nearby locations by bicycle or on foot, playing 107
169-outdoors, or remaining at home or any other location for a 108
170-reasonable period of time . However, A parent or legal custodian 109
171-who, by reason of the legitimate practice of religious beliefs, 110
172-does not provide specified medical treatment for a child may not 111
173-be considered abusive or neglectful for that reason alone, but 112
174-such an exception does not: 113
162+offered financial or other means to do so. However, the conduct 101
163+described by this paragraph does not include allowing a child to 102
164+engage in independent unsupervised activities, unless allowing 103
165+such activities constitutes grossly negligent conduct that 104
166+endangers the health or safety of the child. Such independent 105
167+unsupervised activities include traveling to or from school or 106
168+nearby locations by bicycle or on foot, playing outdoors, or 107
169+remaining at home or another location for a reasonable period of 108
170+time. However, A parent or legal custodian who, by reason of the 109
171+legitimate practice of religious beliefs, does not provide 110
172+specified medical treatmen t for a child may not be considered 111
173+abusive or neglectful for that reason alone, but such an 112
174+exception does not: 113
175175 1. Eliminate the requirement that such a case be reported 114
176176 to the department; 115
177177 2. Prevent the department from investigating such a case; 116
178178 or 117
179179 3. Preclude a court from ordering, when the health of the 118
180180 child requires it, the provision of medical services by a 119
181181 physician, as defined in this section, or treatment by a duly 120
182182 accredited practitioner who relies solely on spiritual means for 121
183183 healing in accordance with the tenets and practices of a well -122
184184 recognized church or religious organization. 123
185185 Section 2. Paragraph (e) of subsection (1) of section 124
186186 827.03, Florida Statutes, is amended to read: 125
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195195 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
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199199 827.03 Abuse, aggravated abuse, and neglect of a child; 126
200200 penalties.— 127
201201 (1) DEFINITIONS.—As used in this section, the term: 128
202202 (e) "Neglect of a child" means: 129
203203 1. A caregiver's willful failure or omission to provide a 130
204-child with the care, supervision, and services necessary to 131
205-maintain the child's physical and mental health, including, but 132
206-not limited to, food, nutrition, clothing, shelter, supervision, 133
207-medicine, and medical services that a prudent person would 134
208-consider essential for the well -being of the child. The term 135
209-does not include a caregiver allowing a child to engage in 136
210-independent and unsupervised activities unless allowing such 137
211-activities constitutes willful and wanton conduct that endangers 138
212-the health or safety of the child. Such independent and 139
213-unsupervised activities include, but are not limited to, 140
214-traveling to or from school or nearby locations by bicycle or on 141
215-foot, playing outdoors, or remaining at home or any other 142
216-location for a reasonable period of time ; or 143
204+child with the care, necessary supervision, and services 131
205+necessary to maintain the child's phys ical and mental health, 132
206+including, but not limited to, food, nutrition, clothing, 133
207+shelter, necessary supervision, medicine, and medical services 134
208+that a prudent person would consider essential for the well -135
209+being of the child. However, the conduct described by this 136
210+subparagraph does not include allowing a child to engage in 137
211+independent unsupervised activities, unless allowing such 138
212+activities constitutes willful and wanton conduct that endangers 139
213+the health or safety of the child. Such independent unsupervised 140
214+activities include traveling to or from school or nearby 141
215+locations by bicycle or on foot, playing outdoors, or remaining 142
216+at home or another location for a reasonable period of time ; or 143
217217 2. A caregiver's failure to make a reasonable effort to 144
218218 protect a child from abuse, neglect, or exploitation by another 145
219219 person. 146
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221221 Except as otherwise provided in this section, neglect of a child 148
222222 may be based on repeated conduct or on a single incident or 149
223223 omission that results in, or could reasonably be expected to 150
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232232 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
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236236 result in, serious physical or mental injury, or a substantial 151
237237 risk of death, to a child. 152
238238 Section 3. For the purpose of incorporating the amendment 153
239-made by this act to section 827.03, Florida Statutes, in a 154
240-reference thereto, paragraph (b) of subsection (2) of section 155
241-39.301, Florida Statutes, is reenacted to read: 156
242- 39.301 Initiation of protective investigations. — 157
243- (2) 158
244- (b) As used in this subsection, the term "criminal 159
245-conduct" means: 160
246- 1. A child is known or suspected to be the victim of child 161
247-abuse, as defined in s. 827.03, or of neglect of a child, as 162
248-defined in s. 827.03. 163
249- 2. A child is known or suspected to have died as a result 164
250-of abuse or neglect. 165
251- 3. A child is known or suspected to be the victim of 166
252-aggravated child abuse, as defined in s. 827.03. 167
253- 4. A child is known or suspected to be the victim of 168
254-sexual battery, as defined in s. 827.071, or of sexual abuse, as 169
255-defined in s. 39.01. 170
256- 5. A child is known or suspected to be the victim of 171
257-institutional child abuse or neglect, as defined in s. 39.01, 172
258-and as provided for in s. 39.302(1). 173
259- 6. A child is known or suspected to be a victim of human 174
260-trafficking, as provided in s. 787.06. 175
239+made by this act to section 39.01, Florida Statutes, in a 154
240+reference thereto, subsection (2) of section 984.03, Florida 155
241+Statutes, is reenacted to read: 156
242+ 984.03 Definitions. —When used in this chapter, the term: 157
243+ (2) "Abuse" means any willful act that results in any 158
244+physical, mental, or sexual injury that causes or is likely to 159
245+cause the child's physical, me ntal, or emotional health to be 160
246+significantly impaired. Corporal discipline of a child by a 161
247+parent or guardian for disciplinary purposes does not in itself 162
248+constitute abuse when it does not result in harm to the child as 163
249+defined in s. 39.01. 164
250+ Section 4. For the purpose of incorporating the amendment 165
251+made by this act to section 39.01, Florida Statutes, in a 166
252+reference thereto, paragraph (b) of subsection (2) of section 167
253+390.01114, Florida Statutes, is reenacted to read: 168
254+ 390.01114 Parental Notice of and Co nsent for Abortion 169
255+Act.— 170
256+ (2) DEFINITIONS.—As used in this section, the term: 171
257+ (b) "Child abuse" means abandonment, abuse, harm, mental 172
258+injury, neglect, physical injury, or sexual abuse of a child as 173
259+those terms are defined in ss. 39.01, 827.04, and 984. 03. 174
260+ Section 5. For the purpose of incorporating the amendment 175
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269269 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
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273- Section 4. For the purpose of incorporating the amendment 176
274-made by this act to section 39.01, Florida Statutes, in a 177
275-reference thereto, paragraph (b) of subsection (2) of section 178
276-390.01114, Florida Statutes, is reenacted to read: 179
277- 390.01114 Parental Notice of and Consent for Abortion 180
278-Act.— 181
279- (2) DEFINITIONS.—As used in this section, the term: 182
280- (b) "Child abuse" means abandonment, abuse, harm, mental 183
281-injury, neglect, physical inju ry, or sexual abuse of a child as 184
282-those terms are defined in ss. 39.01, 827.04, and 984.03. 185
283- Section 5. For the purpose of incorporating the amendment 186
284-made by this act to section 39.01, Florida Statutes, in a 187
285-reference thereto, subsection (2) of section 984.03, Florida 188
286-Statutes, is reenacted to read: 189
287- 984.03 Definitions. —When used in this chapter, the term: 190
288- (2) "Abuse" means any willful act that results in any 191
289-physical, mental, or sexual injury that causes or is likely to 192
290-cause the child's physical, m ental, or emotional health to be 193
291-significantly impaired. Corporal discipline of a child by a 194
292-parent or guardian for disciplinary purposes does not in itself 195
293-constitute abuse when it does not result in harm to the child as 196
294-defined in s. 39.01. 197
273+made by this act to section 827.03, Florida Statutes, in a 176
274+reference thereto, paragraph (b) of subsection (2) of section 177
275+39.301, Florida Statutes, is reenacted to read: 178
276+ 39.301 Initiation o f protective investigations. — 179
277+ (2) 180
278+ (b) As used in this subsection, the term "criminal 181
279+conduct" means: 182
280+ 1. A child is known or suspected to be the victim of child 183
281+abuse, as defined in s. 827.03, or of neglect of a child, as 184
282+defined in s. 827.03. 185
283+ 2. A child is known or suspected to have died as a result 186
284+of abuse or neglect. 187
285+ 3. A child is known or suspected to be the victim of 188
286+aggravated child abuse, as defined in s. 827.03. 189
287+ 4. A child is known or suspected to be the victim of 190
288+sexual battery, as defin ed in s. 827.071, or of sexual abuse, as 191
289+defined in s. 39.01. 192
290+ 5. A child is known or suspected to be the victim of 193
291+institutional child abuse or neglect, as defined in s. 39.01, 194
292+and as provided for in s. 39.302(1). 195
293+ 6. A child is known or suspected to be a victim of human 196
294+trafficking, as provided in s. 787.06. 197
295295 Section 6. This act shall take effect July 1, 2025. 198