Bill > H0193

Introduced Session

An act relating to child welfare; providing a short title; amending s. 39.01, F.S.; revising the definitions of the terms "abuse" and "false report"; creating s. 39.0111, F.S.; specifying that every Child Protection Team investigator employed by the Department of Children and Families is required to perform all specified duties; providing criminal penalties; requiring the department to establish procedures for reporting and investigating Child Protection Team investigators who violate specified provisions; requiring the department to report such violations to the applicable law enforcement agency; creating s. 39.01391, F.S.; requiring the department to verify, and seek up-to-date and accurate records of, the parenting plan or court-ordered custody arrangement, if one exists, as part of every investigation involving parents or guardians who reside in separate households; requiring the department to enforce parenting plans and court- ordered custody arrangements; requiring the department to verify that specified rights are not being unlawfully denied and that certain violations have not occurred; requiring the department to report such violations to the applicable law enforcement agency; hb193-00 providing responsibilities of the department relating to ambiguities in parenting plans or court-ordered custody arrangements; amending s. 39.201, F.S.; requiring that anonymous reports of child abuse, abandonment, or neglect be subject to closer scrutiny than reports made by a person who identifies himself or herself; prohibiting anonymous reports from being afforded the same presumption of good faith as reports made by a person who identifies himself or herself; amending s. 39.205, F.S.; requiring, rather than authorizing, the department to immediately discontinue all investigative activities under certain circumstances; specifying that a person who makes a false report of child abuse, abandonment, or neglect is not entitled to confidentiality under a certain provision; deleting a provision providing immunity from liability for a person who acts in good faith in making such a report; amending s. 39.206, F.S.; expanding the circumstances under which the department may impose fines on persons who make certain anonymous reports; amending s. 39.301, F.S.; revising the definition of the term "criminal conduct"; amending s. 61.046, F.S.; revising the definition of the term "parenting plan" to include the requirement that parenting plans include specified information; hb193-00 creating s. 61.44, F.S.; requiring a law enforcement officer to accompany and assist a parent or legal guardian experiencing interference with custody in locating the child and to enforce such parent's or legal guardian's custody or visitation rights; creating s. 61.5085, F.S.; defining the terms "emergency hearing" and "vulnerable adult"; requiring a court to grant an emergency hearing upon making a specified finding; requiring a court to set an emergency hearing within a specified timeframe after the filing of a motion alleging that certain violations have occurred; requiring that motions for emergency hearings be supported by a certain affidavit or verified statement; requiring the court to provide notice of the emergency hearing; authorizing the court to issue temporary orders at the emergency hearing; specifying requirements for a full hearing; amending s. 402.56, F.S.; requiring that the Children and Youth Cabinet meet at least quarterly, rather than at least four times each year; requiring the posting of specified information on a public website managed by the Executive Office of the Governor; expanding the membership of the Children and Youth Cabinet to include a member appointed by the citizen support organization for Florida Missing Children's Day; hb193-00 requiring that the Children and Youth Cabinet submit quarterly, rather than annual, reports to the Governor, the Legislature, and the public; providing requirements for the reports; amending s. 402.57, F.S.; requiring one member of the board of directors for the direct-support organization of the department to also serve on the board by the citizen support organization for Florida Missing Children's Day; amending s. 683.23, F.S.; including children missing due to family abduction or custody interference among those remembered on Florida Missing Children's Day; amending s. 683.231, F.S.; requiring that the citizen support organization for Florida Missing Children's Day appoint one person to the Children and Youth Cabinet, one person to the direct-support organization of the department, and one person to each judicial circuit's Family Law Advocacy Group; amending s. 741.28, F.S.; revising the definition of the term "domestic violence"; amending s. 741.29, F.S.; specifying that if a family or household member unlawfully takes or retains another family or household member who is a minor or vulnerable adult, and denies another family or household member's lawful right to custody or visitation of that minor or vulnerable adult, he or she commits an act of domestic hb193-00 violence; providing applicability; amending s. 787.01, F.S.; clarifying a provision regarding confinement of certain children as it relates to the definition of the term "kidnapping"; making technical changes; amending s. 787.03, F.S.; providing legislative intent; revising the elements of the offense of interference with custody; providing criminal penalties; prohibiting law enforcement officers from becoming involved in the merits of certain disputes or with certain individuals' preferences relating to custody or visitation rights; authorizing law enforcement officers to locate certain individuals and enforce parenting plans or court orders; providing applicability; providing requirements for law enforcement officers who investigate alleged incidents of interference with custody; providing requirements for a specified notice; providing requirements for law enforcement officers when responding to alleged incidents of interference with custody; requiring law enforcement officers to produce a certain report; requiring that the report include specified information; revising defenses to the offense of interference with custody; requiring law enforcement agencies to adopt certain policies and procedures and create and implement specified annual trainings; hb193-00 deleting provisions relating to applicability; deleting a provision relating to information protected from public records; amending s. 827.03, F.S.; revising the definition of the term "child abuse"; creating s. 1003.042, F.S.; specifying that schools are responsible for and are required to enforce and adhere to any parenting plan or court order that specifies custody arrangements; providing applicability; requiring schools to keep on file up- to-date and accurate records of the parenting plan or court order; specifying that parents or guardians of a child must be given the opportunity to provide the school with certain information; requiring schools to verify the identity and custody rights of any individual requesting to pick up a child from school premises; requiring schools to establish and implement clear policies to address and manage situations where the parenting plan or court order may be ambiguous; requiring schools to ensure that a child is released only to the designated parent or guardian, or to an individual explicitly authorized by the parent or guardian who has custodial rights on that specific day as specified in the court order or parenting plan; providing criminal penalties; amending s. 61.45, F.S.; conforming a provision to changes made by the act; hb193-00 amending s. 921.0022, F.S.; conforming a cross- reference; conforming a provision to changes made by the act; reenacting ss. 39.205(8), 39.301(2)(b), 61.125(4)(b), 61.13(2)(c), 61.401, 61.402(3), 95.11(8), 154.067(2), 390.01114(2)(b), 393.067(4)(g), (7), and (9), 395.1023(2), 744.309(3), and 1001.42(8)(c), F.S., relating to penalties relating to reporting of child abuse, abandonment, or neglect; the initiation of protective investigations; parenting coordination; support of children, parenting and time- sharing, and powers of the court; appointment of guardians ad litem; qualifications of guardians ad litem; limitations other than for the recovery of real property; the Parental Notice of and Consent for Abortion Act; duties for child abuse and neglect cases; facility licensure; duties for child abuse and neglect cases; who may be appointed guardian of a resident ward; and powers and duties of district school boards, respectively, to incorporate the amendment made to s. 39.01, F.S., in references thereto; reenacting s. 39.101(3)(a), F.S., relating to the central abuse hotline, to incorporate the amendment made to s. 39.206, F.S., in a reference thereto; reenacting ss. 63.089(4)(b), 787.04(5), 901.15(8), and 943.0584(2)(y), F.S., relating to hb193-00 proceeding to terminate parental rights pending adoption; removing minors from state or concealing minors contrary to state agency order or court order; when arrest by officer without warrant is lawful; and criminal history records ineligible for court-ordered expunction or court-ordered sealing, respectively, to incorporate the amendment made to s. 827.03, F.S., in references thereto; providing an effective date.

AI Summary

Committee Categories

Jose Alvarez (D)*,  Kevin Chambliss (D),  Johanna López (D), 

Withdrawn prior to introduction (on 02/19/2025)

Official Document