The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Health and Human Services
BILL: SB 214
INTRODUCER: Senator Harrell
SUBJECT: Child Protection Teams
DATE: January 10, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hall Tuszynski CF Favorable
2. Gerbrandt McKnight AHS Favorable
3. FP
I. Summary:
SB 214 expands the reports that the Florida Central Abuse Hotline must refer to a Child
Protection Team for assessment and other available support services to include cases involving:
A child who was not properly restrained in a motor vehicle and, in the opinion of a physician,
the improper restrained exacerbated the child’s injuries or resulted in the child’s death.
A child who was left unattended or unsupervised in a motor vehicle and such action resulted
in an injury to the child or the child’s death.
Any report from an emergency room physician.
The bill reenacts s. 39.301(14)(c)1.-2., F.S.
The bill has a significant, negative fiscal impact on state government. See Section V. Fiscal
Impact Statement.
The bill takes effect July 1, 2024.
II. Present Situation:
Child Welfare System
The child welfare system identifies families whose children are in danger of suffering or have
suffered abuse, abandonment, or neglect and works with those families to address the problems
endangering children, if possible. If the problems cannot be addressed, the child welfare system
finds safe out-of-home placements for these children.
Florida Central Abuse Hotline
The Department of Children and Families (DCF) operates the Florida central abuse hotline
(Hotline), which accepts reports 24 hours a day, seven days a week of known or suspected child
BILL: SB 214 Page 2
abuse, abandonment, or neglect.1 A child protective investigation begins with a report by any
person to the Hotline. Statute mandates any person who knows or suspects a child is abused,
abandoned, or neglected by a parent, legal custodian, caregiver, or other person responsible for
the child’s welfare, or that a child is in need of supervision and care and has no parent, legal
custodian, or responsible adult relative immediately known and available to provide supervision
and care, shall report such knowledge or suspicion to the Hotline.2
Once the Hotline obtains information from a reporter, if the allegations of the report meet the
statutory definition then a child protective investigation by the DCF may be triggered.3 For the
report to be accepted for an investigation there must be reasonable cause to believe that the child
was harmed by abuse, abandonment, or neglect, or the child is at risk of harm.4
Child Protective Investigations
The DCF must conduct a child protective investigation if a Hotline report meets the statutory
definition of child abuse, abandonment, or neglect. An investigation must be commenced
immediately or within 24 hours after the report is received, depending on the nature of the
allegation.5 The child protective investigator assesses the safety and perceived needs of the child
and family and whether the child should receive in-home or out-of-home services.
Child Protection Teams
A child protection team (CPT) is a medically directed, multidisciplinary team that supplements
the child protective investigation efforts of the DCF.6 CPTs are independent, community-based
programs contracted by the Department of Health, which provide expertise in evaluating alleged
child abuse and neglect, assess risk and protective factors, and provide recommendations for
interventions to protect children and enhance a caregiver’s capacity to provide a safer
environment when possible.7
CPTs across the state are divided into 15 districts and provide services to all 67 counties by
utilizing satellite offices and telemedicine sites.8 Each of the 15 districts served by CPTs are
supervised by one or multiple CPT medical doctors, depending on the size and subdivision of the
particular district.9
Certain reports of child abuse, abandonment, and neglect to the Hotline must be referred to
CPTs, including:
Injuries to the head, bruises to the neck or head, burns, or fractures in a child of any age;
Bruises anywhere on a child five years of age or younger;
1
Section 39.201(5), F.S.
2
Section 39.201(1)(a), F.S.
3
Section 39.201(2)(a), F.S.
4
Section 39.201(2), F.S.
5
Section 39.201(2)(a), F.S.
6
Florida Department of Health, Children’s Medical Services, Child Protection Teams, https://www.cms-
kids.com/families/child_protection_safety/child_protection_teams.html (last visited Nov. 28, 2023).
7
Id.
8
Florida Department of Health, Children’s Protection Team Directory (September 2023), https://www.cms-
kids.com/home/contact/cpt.pdf (last visited Nov. 28, 2023).
9
Id.
BILL: SB 214 Page 3
Any report alleging sexual abuse of a child;
Any sexually transmitted disease in a prepubescent child;
Reported malnutrition or failure of a child to thrive;
Reported medical neglect of a child;
A sibling or other child remaining in a home where one or more children have been
pronounced dead on arrival or have been injured and later died as a result of suspected abuse,
abandonment, or neglect; and
Symptoms of serious emotional problems in a child when emotional or other abuse,
abandonment or neglect is suspected.10
When a CPT accepts a referral from the DCF or law enforcement, it may provide one or more of
the following services:
Medical diagnoses and evaluation;
Child forensic interviews;
Child and family assessments;
Multidisciplinary staffings;
Psychological and psychiatric evaluations;
Community awareness campaign; and
Expert court testimony.11
CPT staff also provide training services to child protective investigators, community providers of
child welfare services, and emergency room staff and other medical providers in the
community.12
State Laws Protecting Children in Motor Vehicles
Child Restraint and Safety Belts
Florida law requires the use of seat belts and child restraint devices, if applicable, by drivers,
all front seat passengers, and all children under the age of 18 riding in a motor vehicle.
Currently, the Hotline accepts reports of children who are seriously harmed or die due to failure
of a parent to use a child restraint required by law. These reports are accepted under the
maltreatment of “inadequate supervision.”13
Under s. 316.613, F.S., the driver of a motor vehicle transporting a child through 5 years of
age must properly use a crash-tested, federally approved child restraint device for the child.
10
Section 39.303(4), F.S.
11
Section 39.303(3), F.S.
12
Section 39.303(3)(h), F.S.
13
The DCF’s operating procedures define ”inadequate supervision” as a parent or caregiver leaving a child without adult
supervision or arrangement appropriate for the child’s age, maturity, developmental level or mental or physical condition so
that the child is unable to care for the child’s own needs or another basic need, or is unable to exercise sufficient judgment in
responding to a physical or emotional crisis. See DCF CFOP 170-4, pg. A-29 (Sept. 1, 2020).
BILL: SB 214 Page 4
For children through age 3, such restraint device must be a separate carrier or a vehicle
manufacturer’s integrated child seat.14
For children age 4 through age 5, a separate carrier, an integrated child seat, or a child booster
seat may be used.15 However, the requirements to use a child restraint device for children in this
age range do not apply when a safety belt is being used and the child is being transported:
Gratuitously by a driver who is not a member of the child’s immediate family;
In a medical emergency involving the child; or
Has a medical condition diagnosed by a health care professional that necessitates an
exception.16
Additionally, under s. 316.614, F.S., it is unlawful for any person to drive a motor vehicle or an
autocycle in Florida unless the driver and each passenger under the age of 18 are restrained by a
safety belt or a child restraint device pursuant to s. 316.613, F.S. The requirements of s. 316.614,
F.S., do not apply to motor vehicles that are not required to be equipped with safety belts under
federal law.
Under ss. 316.613 and 316.614, F.S., a motor vehicle does not include a:
School bus;
Bus used for the transportation of persons for compensation, unless the bus is regularly used
to transport children to or from school or in conjunction with school activities;
Farm tractor or implement of husbandry;
Truck having a gross vehicle weight rating more than 26,000 pounds; or
Motorcycle, moped, or bicycle.
The child restraint requirements imposed by s. 316.613, F.S., do not apply to a chauffeur-driven
taxi, limousine, sedan, van, bus, motor coach, or other passenger vehicle if the driver and the
vehicle were hired and used for transportation of persons for compensation.17 It is the caregiver’s
responsibility to comply with the child restraint requirements in these situations.18
Any person violating ch. 316, F.S., commits a moving violation and is charged with a
noncriminal infraction and must be cited for such an infraction19 and cited to appear before a
judge authorized by law to preside over a court or hearing adjudicating traffic infractions. 20
14
Section 316.613(1)(a)1., F.S.
15
Section 316.613(1)(a)2., F.S.
16
Id.
17
Section 316.613(6), F.S.
18
Id.
19
Section 318.13, F.S., defines ”infraction” to mean a noncriminal violation that may require community service hours under
s. 316.027(4), F.S., but is not punishable by incarceration and for which there is no right to a trial by jury or a right to court-
appointed counsel.
20
Section 318.14(1), F.S.; A person who is not required to appear at a mandatory hearing under s. 318.19, F.S., may elect to
pay a civil penalty and delinquent fee, if applicable, either by mail or in person, or entry into a payment plan to pay the civil
penalty and delinquent fee, if applicable.
BILL: SB 214 Page 5
If another person dies because of the noncriminal infraction, the person cited is required to
appear at a mandatory hearing (instead of having the option to pay a penalty in lieu of a hearing),
perform 120 community service hours in a trauma center or hospital that regularly receives
victims of vehicle accidents, and may be subjected to other civil or criminal penalties, such as if
there’s a negligence claim or the person is charged with a crime.21
In 2022, there were 397,537 crashes in Florida,22 resulting in 172 fatalities in minors aged 0-17.23
The Florida Department of Highway Safety and Motor Vehicles reports there were 85 child
passenger fatalities due to vehicle crashes. Of these fatalities, almost 50 percent were not
wearing any type of restraint.24 Further, in 2022, there were 7,207 citations given for no or
improper child restraint device and 59 arrests for leaving a child unattended in a motor vehicle
for 15 minutes or longer.25
Leaving Children Unattended or Unsupervised in a Vehicle
Section 316.6135, F.S., prohibits a caregiver from leaving a child younger than six years of age
unattended or unsupervised in a motor vehicle longer than 15 minutes, or for any period of time
while the motor vehicle is running, the health of the child is in danger, or the child appears to be
in distress. Each of these violations has its own penalties:
Pursuant to s. 316.6135(2), F.S., a caregiver who leaves a child younger than six years of age
unattended or unsupervised in a motor vehicle longer than 15 minutes commits a second-
degree misdemeanor punishable up to 60 days in jail and a $500 maximum fine.
Pursuant to s. 316.6135(5), F.S., a caregiver who leaves a child younger than six years of age
unattended or unsupervised in a motor vehicle for any period of time while the vehicle is
running, the health of the child is in danger, or the child appears to be in distress is guilty of a
noncriminal traffic infraction punishable by a fine not less than $50 and not more than $500.
If the caregiver leaves a child younger than six years of age unattended or unsupervised in a
vehicle longer than 15 minutes, or for any period of time while the motor vehicle is running, the
child’s health is in danger, or the child appears to be in distress, and that action causes great
bodily harm, permanent disability, or permanent disfigurement to a child, then the person
commits a third degree felony punishable as provided in ss. 775.082, 775.083, and 775.084, F.S.
Any law enforcement officer who observes a child left unattended or unsupervised in a motor
vehicle may use whatever means reasonably necessary to protect the child and remove the child
21
Any person cited for an infraction that results in a crash that causes the death of another will be required to appear at a
mandatory hearing.
22
Florida Highway Safety and Motor Vehicles, Crash Dashboard, https://www.flhsmv.gov/traffic-crash-reports/crash-
dashboard/ (last visited Dec. 5, 2023).
23
FL Health Charts, Deaths from Motor Vehicle Crashes,
https://www.flhealthcharts.gov/ChartsDashboards/rdPage.aspx?rdReport=Death.Dataviewer (last visited Dec. 5, 2023).
24
Florida Highway Safety and Motor Vehicles, Safety Belts and Child Restraints, https://www.flhsmv.gov/safety-
center/child-safety/safety-belts-child-restraints/ (last visited Dec. 5, 2023).
25
Florida Department of Highway Safety and Motor Vehicles, Annual Uniform Traffic Citation Report,
https://services.flhsmv.gov/SpecialtyPlates/UniformTrafficCitationReport (last visited Dec. 5, 2023).
BILL: SB 214 Page 6
from the motor vehicle.26 If the law enforcement officer is unable to locate a caregiver, the child
must be placed in the custody of the DCF.27
Children experience different types of dangers if left unattended or unsupervised in a motor
vehicle, such as heatstroke, setting the car in motion, seatbelt strangulation and leaving the car
voluntarily.28 From January 1990 to December 2014, there were 11,759 non-traffic injuries and
fatalities in the United States to children 0 to 14 years of age, with a median age of the affected
children being 3.7 years.29 The incident types include:
3,115 children unattended in hot vehicles resulting in 729 deaths.
2,251 backovers30 resulting in 1,232 deaths.
1,439 frontovers31 resulting in 692 deaths.
777 vehicles knocked into motion resulting in 227 deaths.
415 underage drivers resulting in 203 deaths.
173 power window incidents resulting in 61 deaths.
134 falls resulting in 54 deaths.
79 fires resulting in 41 deaths.
3,377 other incidents resulting in 157 deaths.
Since 1998, 968 children have died nationwide due to vehicular heatstroke.32 The national
average of child heatstroke deaths per year since 1998 is 37 and have ranged in age from 5 days
old to 14 years.33 More than half of the deaths (55 percent) are children under two years of age.34
Since 1998, Florida has had the largest number of child heatstroke deaths in vehicles (110),
second only to Texas (143)35
Currently, a CPT may accept referrals related to children left unattended or unsupervised in
motor vehicles. However, the report would not constitute a mandatory referral unless it met a
criterion outlined in s. 39.303(4), F.S.
26
Section 316.6135(5), F.S.
27
Section 316.6135(7), F.S.
28
Kids and Cars, NEVER Leave a Child Alone Inside a Vehicle... Not Even for a Minute!, available at:
https://www.kidsandcars.org/document_center/download/hot-cars/Kids-Alone-in-Cars-FACT-SHEET.pdf (last visited Dec. 5,
2023).
29
Mark R. Zonrillo, et.al., Unintentional non-traffic injury and fatal events: Threats to children in and around vehicles,
Traffic Injury Prevention, 19:2, 184-188, available at: https://docs.house.gov/meetings/IF/IF17/20190523/109548/HHRG-
116-IF17-Wstate-FennellJ-20190523-SD004.pdf#page=5&zoom=100,0,66 (l