Florida Senate - 2025 SB 60



By Senator Rodriguez





40-00015B-25 202560__
1 A bill to be entitled
2 An act relating to child welfare; providing a short
3 title; amending s. 39.01, F.S.; revising the
4 definitions of the terms “abuse” and “false report”;
5 creating s. 39.0111, F.S.; specifying that every Child
6 Protection Team investigator employed by the
7 Department of Children and Families is required to
8 perform all specified duties; providing criminal
9 penalties; requiring the department to establish
10 procedures for reporting and investigating Child
11 Protection Team investigators who violate specified
12 provisions; requiring the department to report such
13 violations to the applicable law enforcement agency;
14 creating s. 39.01391, F.S.; requiring the department
15 to verify, and seek up-to-date and accurate records
16 of, the parenting plan or court-ordered custody
17 arrangement, if one exists, as part of every
18 investigation involving parents or guardians who
19 reside in separate households; requiring the
20 department to enforce parenting plans and custody
21 arrangements; requiring the department to verify that
22 specified rights are not being unlawfully denied and
23 that certain violations have not occurred; requiring
24 the department to report violations to the applicable
25 law enforcement agency; providing responsibilities of
26 the department relating to ambiguities in parenting
27 plans or court-ordered custody arrangements; amending
28 s. 39.201, F.S.; requiring that anonymous reports of
29 child abuse, abandonment, or neglect be subject to
30 closer scrutiny than reports made by a person who
31 identifies himself or herself; prohibiting anonymous
32 reports from being afforded the same presumption of
33 good faith as reports made by a person who identifies
34 himself or herself; amending s. 39.205, F.S.;
35 requiring, rather than authorizing, the department to
36 immediately discontinue all investigative activities
37 under certain circumstances; specifying that a person
38 who makes a false report of child abuse, abandonment,
39 or neglect is not entitled to confidentiality under a
40 certain provision; deleting a provision providing
41 immunity from liability for a person who acts in good
42 faith in making 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 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 term
56 “emergency hearing”; requiring a court to grant an
57 emergency hearing upon making a specified finding;
58 requiring a court to set an emergency hearing within a
59 specified timeframe after the filing of a motion
60 alleging that certain violations have occurred;
61 requiring that motions for emergency hearings be
62 supported by a certain affidavit or verified
63 statement; requiring the court to provide notice of
64 the emergency hearing; authorizing the court to issue
65 temporary orders at the emergency hearing; specifying
66 requirements for a full hearing; amending s. 402.56,
67 F.S.; requiring that the Children and Youth Cabinet
68 meet at least quarterly, rather than at least four
69 times each year; requiring the posting of specified
70 information on a public website managed by the office
71 of the Governor; expanding the membership of the
72 Children and Youth Cabinet to include a member
73 appointed by the citizen support organization for
74 Florida Missing Children’s Day; requiring that the
75 Children and Youth Cabinet submit quarterly, rather
76 than annual, reports to the Governor, the Legislature,
77 and the public; providing requirements for the
78 reports; amending s. 402.57, F.S.; requiring the
79 Secretary of Children and Families to appoint to the
80 direct-support organization of the department the
81 director appointed to serve on the board by the
82 citizen support organization for Florida Missing
83 Children’s Day; amending s. 683.23, F.S.; including
84 children missing due to family abduction or custody
85 interference among those remembered on Florida Missing
86 Children’s Day; amending s. 683.231, F.S.; requiring
87 that the citizen support organization for Florida
88 Missing Children’s Day appoint one person to the
89 Children and Youth Cabinet, one person to the direct
90 support organization of the department, and one person
91 to each judicial circuit’s Family Law Advocacy Group;
92 amending s. 741.28, F.S.; revising the definition of
93 the term “domestic violence”; amending s. 741.29,
94 F.S.; specifying that if a family member unlawfully
95 takes or retains another family member who is a minor
96 or vulnerable adult, and denies another family
97 member’s lawful right to custody or visitation of that
98 minor or vulnerable adult, he or she commits an act of
99 domestic violence; providing applicability; amending
100 s. 787.01, F.S.; clarifying a provision regarding
101 confinement of certain children as it relates to the
102 definition of the term “kidnapping”; making technical
103 changes; amending s. 787.03, F.S.; providing
104 legislative intent; revising the elements of the
105 offense of interference with custody; providing
106 criminal penalties; prohibiting law enforcement
107 officers from becoming involved in the merits of
108 certain disputes or with certain individuals’
109 preferences relating to custody or visitation rights;
110 authorizing law enforcement officers to locate certain
111 individuals and enforce parenting plans or court
112 orders; providing applicability; providing
113 requirements for law enforcement officers who
114 investigate alleged incidents of interference with
115 custody; providing requirements for a specified
116 notice; providing requirements for law enforcement
117 officers when responding to alleged incidents of
118 interference with custody; requiring law enforcement
119 officers to produce a certain report; requiring that
120 the report include specified information; revising
121 defenses to the offense of interference with custody;
122 requiring law enforcement agencies to adopt certain
123 policies and procedures and create and implement
124 specified annual trainings; deleting provisions
125 relating to applicability; deleting a provision
126 relating to information protected from public records;
127 amending s. 827.03, F.S.; revising the definition of
128 the term “child abuse”; creating s. 1003.042, F.S.;
129 specifying that schools are responsible for and are
130 required to enforce and adhere to any parenting plan
131 or court order that specifies custody arrangements;
132 providing applicability; requiring schools to keep on
133 file up-to-date and accurate records of the parenting
134 plan or court order; specifying that parents or
135 guardians of a child must be given the opportunity to
136 provide the school with certain information; requiring
137 schools to verify the identity and custody rights of
138 any individual requesting to pick up a student from
139 school premises; requiring schools to establish and
140 implement clear policies to address and manage
141 situations where the parenting plan or court order may
142 be ambiguous; requiring schools to ensure that a child
143 is released only to the designated parent or guardian,
144 or to an individual explicitly authorized by the
145 parent or guardian who has custodial rights on that
146 specific day as specified in the court order or
147 parenting plan; providing criminal penalties; amending
148 s. 61.45, F.S.; conforming a cross-reference; amending
149 s. 921.0022, F.S.; conforming a cross-reference;
150 conforming a provision to changes made by the act;
151 reenacting ss. 61.125(4)(b), 61.13(2)(c), 61.402(3),
152 95.11(8), 390.01114(2)(b), 393.067(4)(g), (7), and
153 (9), and 1001.42(8)(c), F.S., relating to parenting
154 coordination; support of children, parenting and time
155 sharing, and powers of the court; qualifications of
156 guardians ad litem; limitations other than for the
157 recovery of real property; the definition of the term
158 “child abuse”; facility licensure; and powers and
159 duties of district school boards, respectively, to
160 incorporate the amendment made to s. 39.01, F.S., in
161 references thereto; reenacting s. 39.101(3)(a), F.S.,
162 relating to the central abuse hotline, to incorporate
163 the amendment made to s. 39.206, F.S., in a reference
164 thereto; providing an effective date.
165
166 Be It Enacted by the Legislature of the State of Florida:
167
168 Section 1. This act may be cited as the “Child Safety and
169 Custody Compliance Act.”
170 Section 2. Subsections (2) and (27) of section 39.01,
171 Florida Statutes, are amended to read:
172 39.01 Definitions.—When used in this chapter, unless the
173 context otherwise requires:
174 (2) “Abuse” means any willful act or threatened act,
175 defined by the nature of the act or threat rather than by its
176 outcome, that results in any physical, mental, or sexual abuse,
177 injury, or harm that causes or is likely to cause significant
178 impairment to the child’s physical, mental, or emotional health
179 to be significantly impaired. In the context of abuse of a
180 child, the term includes any direct or indirect action or
181 omission that impacts the child’s well-being, even if the action
182 or omission does not result in actual injury. The term also
183 Abuse of a child includes the birth of a new child into a family
184 during the course of an open dependency case when the parent or
185 caregiver has been determined to lack the protective capacity to
186 safely care for the children in the home and has not
187 substantially complied with the case plan towards successful
188 reunification or met the conditions for return of the children
189 into the home. The term includes a violation of s. 787.03,
190 relating to interference with custody Abuse of a child includes
191 acts or omissions. Corporal discipline of a child by a parent or
192 legal custodian for disciplinary purposes does not in itself
193 constitute abuse when it does not result in harm to the child.
194 (27) “False report” means a report of abuse, neglect, or
195 abandonment of a child to the central abuse hotline, which
196 report is maliciously made for the purpose of:
197 (a) Maliciously made for the purpose of:
198 1. Harassing, embarrassing, or harming another person;
199 2.(b) Personal financial gain for the reporting person;
200 3.(c) Acquiring custody of a child; or
201 4.(d) Personal benefit for the reporting person in any
202 other private dispute involving a child; or
203 (b) Willfully, or with severe recklessness or ignorance,
204 made:
205 1. Without reasonable cause, lacking substantial evidence,
206 or due to a misunderstanding, lack of knowledge, or incomplete
207 information; or
208 2. Without a genuine purpose to protect the child from
209 abuse or neglect.
210
211 The term “false report” does not include a report of abuse,
212 neglect, or abandonment of a child made in good faith to the
213 central abuse hotline.
214 Section 3. Section 39.0111, Florida Statutes, is created to
215 read:
216 39.0111 Accountability of Child Protection Team
217 investigators.—
218 (1) Every Child Protection Team investigator employed by
219 the department must perform all duties required under this
220 chapter, including, but not limited to, the investigation of
221 reports of child abuse, abandonment, or neglect and the
222 verification of parenting plans or court-ordered custody
223 arrangements.
224 (2) Notwithstanding s. 39.011, any Child Protection Team
225 investigator who willfully fails to perform his or her duties
226 under this chapter commits a misdemeanor of the second degree,
227 punishable as provided in s. 775.082 or s. 775.083.
228 (3) The department shall establish procedures for reporting
229 and investigating Child Protection Team investigators who
230 violate this section, and the department shall report violations
231 of subsection (2) to the applicable law enforcement agency.
232 Section 4. Section 39.01391, Florida Statutes, is created
233 to read:
234 39.01391 Department responsibilities regarding custody and
235 visitation.—
236 (1) VERIFICATION OF CUSTODY ARRANGEMENTS.—The department
237 must verify the parenting plan or court-ordered custody
238 arrangement, if one exists, as part of every investigation
239 involving parents or guardians who reside in separate
240 households, regardless of the nature of the initial complaint.
241 This verification is essential to ensure compliance with custody
242 and visitation orders and to address any violations of legal
243 protections for the child-parent relationship. The department
244 must seek an up-to-date and accurate record of the parenting
245 plan or court-ordered custody arrangement from either the family
246 or the clerk of the court.
247 (2) ENFORCEMENT OF PARENTING PLANS AND CUSTODY
248 ARRANGEMENTS.—The department shall ensure that a child is with
249 the parent who is lawfully responsible for the child on that
250 specific day as specified in the parenting plan or court-ordered
251 custody arrangement. Additionally, the department is responsible
252 for verifying that the child is not being unlawfully denied
253 access to a parent, that a parent is not being unlawfully denied
254 his or her custody or visitation rights to the child, and that a
255 violation of s. 741.29(8), s. 787.01, s. 787.03, or s. 827.03
256 has not occurred. This requirement applies in cases where
257 parents or guardians reside in separate households and share
258 custody of the child. Upon verifying a violation, the department
259 shall report violations to the applicable law enforcement
260 agency.
261 (3) ADDRESSING AMBIGUITIES.—If the department finds any
262 ambiguities in reviewing the parenting plan or court-ordered
263 custody arrangement, the department is responsible for verifying
264 that the child is not being unlawfully denied access to a parent
265 or guardian. The department shall consult with the parents or
266 guardians to resolve any uncertainties regarding custody
267 arrangements to ensure the child’s safety and proper custody and
268 visitation rights.
269 Section 5. Paragraph (b) of subsection (1) of section
270 39.201, Florida Statutes, is amended to read:
271 39.201 Required reports of child abuse, abandonment, or
272 neglect, sexual abuse of a child, and juvenile sexual abuse;
273 required reports of death; reports involving a child who has
274 exhibited inappropriate sexual behavior.—
275 (1) MANDATORY REPORTING.—
276 (b)1. A person from the general public may make a report to
277 the central abuse hotline anonymously if he or she chooses to do
278 so. However, an anonymous report must be more closely
279 scrutinized and may not be afforded the same presumption of good
280 faith as a report made by a person who identifies himself or
281 herself.
282 2. A person making a report to the central abuse hotline
283 whose occupation is in any of the following categories is
284 required to provide his or her name to the central abuse hotline
285 counselors:
286 a.