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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 supervision of children; amending 2
ss. 39.01 and 827.03, F.S.; revising the definitions 3
of the terms "harm" and "neglect of a child" for 4
purposes of child protection and criminal child abuse 5
and neglect provisions, respectively, to revise the 6
required standards for supervision of children and 7
specify that certain activities are not restricted; 8
reenacting ss. 39.301(2)(b), 390.01114(2)(b), a nd 9
984.03(2), F.S., relating to initiation of protective 10
investigations, the Parental Notice of and Consent for 11
Abortion Act, and definitions, respectively, to 12
incorporate amendments made by the act; providing an 13
effective date. 14
15
Be It Enacted by the L egislature of the State of Florida: 16
17
Section 1. Paragraphs (a) and (f) of subsection (37) of 18
section 39.01, Florida Statutes, are amended to read: 19
39.01 Definitions.—When used in this chapter, unless the 20
context otherwise requires: 21
(37) "Harm" to a child's health or welfare can occur when 22
any person: 23
(a) Inflicts or allows to be inflicted upon the child 24
physical, mental, or emotional injury. In determining whether 25
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harm has occurred, the following factors must be considered in 26
evaluating any physic al, mental, or emotional injury to a child: 27
the age of the child; any prior history of injuries to the 28
child; the location of the injury on the body of the child; the 29
multiplicity of the injury; and the type of trauma inflicted. 30
Such injury includes, but i s not limited to: 31
1. Willful acts that produce the following specific 32
injuries: 33
a. Sprains, dislocations, or cartilage damage. 34
b. Bone or skull fractures. 35
c. Brain or spinal cord damage. 36
d. Intracranial hemorrhage or injury to other internal 37
organs. 38
e. Asphyxiation, suffocation, or drowning. 39
f. Injury resulting from the use of a deadly weapon. 40
g. Burns or scalding. 41
h. Cuts, lacerations, punctures, or bites. 42
i. Permanent or temporary disfigurement. 43
j. Permanent or temporary loss or impairment of a body 44
part or function. 45
46
As used in this subparagraph, the term "willful" refers to the 47
intent to perform an action, not to the intent to achieve a 48
result or to cause an injury. 49
2. Purposely giving a child poison, alcohol, drugs, or 50
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other substances that substantially affect the child's behavior, 51
motor coordination, or judgment or that result in sickness or 52
internal injury. For the purposes of this subparagraph, the term 53
"drugs" means prescription drugs not prescribed for the child or 54
not administered as prescribed, and controlled substances as 55
outlined in Schedule I or Schedule II of s. 893.03. 56
3. Leaving a child without adult supervision or 57
arrangement appropriate for the child's age or mental or 58
physical condition, so that the child is unable to care for the 59
child's own needs, is subjected to obvious danger of which the 60
child's caregiver knew or should have known, or another's basic 61
needs or is unable to exercise reasonable good judgment to avoid 62
serious harm to himself or herself or oth ers in responding to 63
any kind of physical or emotional crisis. This subparagraph may 64
not be construed to restrict a caregiver from allowing a child 65
of sufficient maturity and physical condition from engaging in 66
independent unsupervised activities, includin g, but not limited 67
to, traveling to or from school or nearby locations by bicycle 68
or on foot, playing outdoors, or remaining at home or any other 69
location for a reasonable period of time, unless allowing such 70
activities constitutes conduct that is so reckl ess as to 71
endanger the health or safety of the child. 72
4. Inappropriate or excessively harsh disciplinary action 73
that is likely to result in physical injury, mental injury as 74
defined in this section, or emotional injury. The significance 75
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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
of any injury must be evaluated in light of the following 76
factors: the age of the child; any prior history of injuries to 77
the child; the location of the injury on the body of the child; 78
the multiplicity of the injury; and the type of trauma 79
inflicted. Corporal discipline m ay be considered excessive or 80
abusive when it results in any of the following or other similar 81
injuries: 82
a. Sprains, dislocations, or cartilage damage. 83
b. Bone or skull fractures. 84
c. Brain or spinal cord damage. 85
d. Intracranial hemorrhage or injury to other internal 86
organs. 87
e. Asphyxiation, suffocation, or drowning. 88
f. Injury resulting from the use of a deadly weapon. 89
g. Burns or scalding. 90
h. Cuts, lacerations, punctures, or bites. 91
i. Permanent or temporary disfigurement. 92
j. Permanent or temporary loss or impairment of a body 93
part or function. 94
k. Significant bruises or welts. 95
(f) Neglects the child. Within the context of the 96
definition of "harm," the term "neglects the child" means that 97
the parent or other person responsible for the c hild's welfare 98
fails to supply the child with adequate food, clothing, shelter, 99
or health care, although financially able to do so or although 100
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offered financial or other means to do so ; however, the term 101
does not include a caregiver allowing a child to eng age in 102
independent and unsupervised activities unless allowing such 103
activities constitutes reckless conduct that endangers the 104
health or safety of the child. Such independent and unsupervised 105
activities include, but are not limited to, traveling to or from 106
school or nearby locations by bicycle or on foot, playing 107
outdoors, or remaining at home or any other location for a 108
reasonable period of time . However, A parent or legal custodian 109
who, by reason of the legitimate practice of religious beliefs, 110
does not provide specified medical treatment for a child may not 111
be considered abusive or neglectful for that reason alone, but 112
such an exception does not: 113
1. Eliminate the requirement that such a case be reported 114
to the department; 115
2. Prevent the department fro m investigating such a case; 116
or 117
3. Preclude a court from ordering, when the health of the 118
child requires it, the provision of medical services by a 119
physician, as defined in this section, or treatment by a duly 120
accredited practitioner who relies solely on spiritual means for 121
healing in accordance with the tenets and practices of a well -122
recognized church or religious organization. 123
Section 2. Paragraph (e) of subsection (1) of section 124
827.03, Florida Statutes, is amended to read: 125
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827.03 Abuse, aggravat ed abuse, and neglect of a child; 126
penalties.— 127
(1) DEFINITIONS.—As used in this section, the term: 128
(e) "Neglect of a child" means: 129
1. A caregiver's willful failure or omission to provide a 130
child with the care, supervision, and services necessary to 131
maintain the child's physical and mental health, including, but 132
not limited to, food, nutrition, clothing, shelter, supervision, 133
medicine, and medical services that a prudent person would 134
consider essential for the well -being of the child. The term 135
does not include a caregiver allowing a child to engage in 136
independent and unsupervised activities unless allowing such 137
activities constitutes willful and wanton conduct that endangers 138
the health or safety of the child. Such independent and 139
unsupervised activities include, but are not limited to, 140
traveling to or from school or nearby locations by bicycle or on 141
foot, playing outdoors, or remaining at home or any other 142
location for a reasonable period of time ; or 143
2. A caregiver's failure to make a reasonable effort to 144
protect a child from abuse, neglect, or exploitation by another 145
person. 146
147
Except as otherwise provided in this section, neglect of a child 148
may be based on repeated conduct or on a single incident or 149
omission that results in, or could reasonably be expected to 150
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result in, serious physical or mental injury, or a substantial 151
risk of death, to a child. 152
Section 3. For the purpose of incorporating the amendment 153
made by this act to section 827.03, Florida Statutes, in a 154
reference thereto, paragraph (b) of subsection (2) of section 155
39.301, Florida Statutes, is reenacted to read: 156
39.301 Initiation of protective investigations. — 157
(2) 158
(b) As used in this subsection, the term "criminal 159
conduct" means: 160
1. A child is known or suspected to be the victim of child 161
abuse, as defined in s. 827.03, or of neglect of a child, as 162
defined in s. 827.03. 163
2. A child is known or suspected to have died as a result 164
of abuse or neglect. 165
3. A child is known or suspected to be the victim of 166
aggravated child abuse, as defined in s. 827.03. 167
4. A child is known or suspected to be the victim of 168
sexual battery, as defined in s. 827.071, or of sexual abuse, as 169
defined in s. 39.01. 170
5. A child is known or suspected to be the victim of 171
institutional child abuse or neglect, as defined in s. 39.01, 172
and as provided for in s. 39.302(1). 173
6. A child is known or suspected to be a victim of human 174
trafficking, as provided in s. 787.06. 175
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Section 4. For the purpose of incorporating the amendment 176
made by this act to section 39.01, Florida Statutes, in a 177
reference thereto, paragraph (b) of subsection (2) of section 178
390.01114, Florida Statutes, is reenacted to read: 179
390.01114 Parental Notice of and Consent for Abortion 180
Act.— 181
(2) DEFINITIONS.—As used in this section, the term: 182
(b) "Child abuse" means abandonment, abuse, harm, mental 183
injury, neglect, physical inju ry, or sexual abuse of a child as 184
those terms are defined in ss. 39.01, 827.04, and 984.03. 185
Section 5. For the purpose of incorporating the amendment 186
made by this act to section 39.01, Florida Statutes, in a 187
reference thereto, subsection (2) of section 984.03, Florida 188
Statutes, is reenacted to read: 189
984.03 Definitions. —When used in this chapter, the term: 190
(2) "Abuse" means any willful act that results in any 191
physical, mental, or sexual injury that causes or is likely to 192
cause the child's physical, m ental, or emotional health to be 193
significantly impaired. Corporal discipline of a child by a 194
parent or guardian for disciplinary purposes does not in itself 195
constitute abuse when it does not result in harm to the child as 196
defined in s. 39.01. 197
Section 6. This act shall take effect July 1, 2025. 198