HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 837 Harm to Children
SPONSOR(S): Children, Families & Seniors Subcommittee, Byrd
TIED BILLS: IDEN./SIM. BILLS: SB 948
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 16 Y, 0 N, As CS Woodruff Brazzell
2) Health Care Appropriations Subcommittee 13 Y, 0 N Fontaine Clark
3) Health & Human Services Committee
SUMMARY ANALYSIS
To protect Florida’s children from child abuse, abandonment, or neglect, the Department of Children and
Families (DCF) operates the Florida central abuse hotline (hotline), which accepts reports 24 hours a day, 7
days a week. Any person who knows or suspects that a child is abused, abandoned, or neglected by a parent,
legal custodian, caregiver, or other person responsible for the child’s welfare must report such information or
suspicion to the hotline. If reports meet the statutory criteria for abuse, abandonment, or neglect, a child
protective investigation is commenced.
A child protection team (CPT) is a medically directed, multidisciplinary team contracted by the Department of
Health (DOH) that supplements the child protective investigation efforts of DCF and local sheriffs’ offices in
cases of child abuse or neglect. Certain cases reported to the hotline must be referred to CPTs.
The bill expands the definition of “harm” to include situations where a person responsible for a child’s welfare
fails to use a child restraint or seat belt required by law or leaves a child younger than 6 years of age
unattended or unsupervised in a vehicle. In these situations, a child protective investigation would be required
if a physician, licensed under ch. 458 or 459, F.S., substantiates that the failure to use a child restraint or
seatbelt or leaving a child younger than 6 in a vehicle unattended or unsupervised resulted in the child’s injury
or death. The bill also requires a mandatory referral of these cases from DCF to CPTs.
Additionally, the bill requires DCF to refer cases to CPTs if the report is from an emergency room physician.
The bill has an indeterminate, but likely insignificant, fiscal impact on DCF, DOH, and the community-based
care lead agencies. There is no fiscal impact on local governments. See fiscal comments.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
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 that are
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, 7 days a week of known or suspected child 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 that 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, to report such knowledge or
suspicion to the hotline.2
Once the hotline obtains information from a reporter, the allegations must meet the statutory definition
required to trigger a child protective investigation. 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.3
Under s. 39.01(35), F.S., “harm” to a child’s health or welfare can occur when any person:
 Inflicts or allows to be inflicted upon the child physical, mental, or emotional injury, which
include, but is not limited to, willful acts that produce specific injuries specified in statute.
 Purposely giving a child poison, alcohol, drugs, or other substance that substantially affects the
child’s behavior or that results in sickness or internal injury.
 Leaving a child without proper adult supervision.
 Inappropriate or excessively harsh disciplinary action that is likely to result in physical, mental,
or emotional injury.
 Commits or allows to be committed sexual battery or lewd or lascivious acts against the child.
 Allows, encourages, or forces the sexual exploitation of a child.
 Exploits a child or allows a child to be exploited as provided in s. 450.151, F.S.
 Abandons or neglects a child.
 Exposes the child to a controlled substance or alcohol.
 Uses mechanical devices, unreasonable restraints, or an extended period of isolation to control
the child.
 Engages in violent behavior that demonstrates a wanton disregard for the presence of a child
and could reasonably result in serious injury to the child.
 Negligently fails to protect a child in his or her care from physical, mental, or sexual injury
caused by the acts of another.
 Has allowed a child’s sibling to die as a result of abuse, abandonment, or neglect.
 Makes the child unavailable for a protective investigation unless fleeing from domestic violence.
1 S. 39.201(5), F.S.
2 S. 39.201(1)(a), F.S.
3 S. 39.201(2), F.S.
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 If the allegations meet the statutory requirements for a child protective investigation, an investigation
must be commenced either immediately or within 24 hours after the report is received, depending on
the nature of the allegation. 4
Case Management and Child Welfare Services
If a child protective investigation results in verified findings of abuse or neglect, the dependency court
will approve a case plan for the parent, and services are provided to the family to address the problems
that are endangering the child. DCF contracts for case management, out-of-home care, and related
services with community-based care organizations (CBCs). The model of using CBCs to provide child
welfare services is designed to increase local community ownership of service delivery and design.5
CBCs are responsible for providing foster care and related services including, but not limited to,
counseling, domestic violence services, substance abuse services, family preservation, emergency
shelter, and adoption. CBCs contract with a number of subcontractors for case management and direct
care services to children and their families. There are 17 CBCs statewide, which together serve the
state’s 20 judicial circuits.6
Child Protection Teams
A child protection team (CPT) is a medically directed, multidisciplinary team that supplements the child
protective investigation efforts in cases of child abuse and neglect.7 CPTs are independent community-
based programs contracted by the Department of Health (DOH) Children’s Medical Services that
provide expertise in evaluating alleged child abuse or 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.8 The state is divided into 15 circuits and DOH assigns a
CPT to each. CPTs serve all 67 counties by utilizing satellite offices and telemedicine services.9 Each
of the 15 circuits served by CPTs are supervised by one or multiple CPT directors, depending on the
size and subdivision of the particular circuit.10
DCF must refer the following reports of child abuse, abandonment, or neglect to CPTs for assessment
and other appropriate available support services:
 Injuries to the head, bruises to the neck, or head, burns or fractures in a child of any age.
 Bruises anywhere on a child 5 years of age or under.
 Any report alleging sexual abuse of a child.
 Any sexually transmitted disease in a prepubescent child.
 Reported malnutrition of a child and 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.
 Symptoms of serious emotional problems in a child when emotional or other abuse,
abandonment, or neglect is suspected.
 A child who does not live in this state who is currently being evaluated in a medical facility in this
state.11
4 S. 39.301(1), F.S.
5 Florida Department of Children and Families, Community-Based Care, http://www.dcf.state.fl.us/service-programs/community-based-
care/ (last visited Mar. 15, 2021).
6 Florida Department of Children and Families, Community Based Care Lead Agency Map, https://www.myflfamilies.com/service-
programs/community-based-care/lead-agency-map.shtml (last visited Mar. 15, 2021).
7 Children’s Medical Services, Child Protection Teams, http://www.cms-
kids.com/families/child_protection_safety/child_protection_teams.html (last visited Mar. 15, 2021).
8 Id.
9 Id.
10 Id.
11 S. 39.303(4), F.S.
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 Currently, child abuse and neglect reports to the hotline from emergency room physicians are assessed
and a case may be accepted for CPT services based on the information provided.
When a CPT accepts a referral from DCF or law enforcement, it may provide one or more of the
following services:
 Medical diagnosis and evaluation.
 Telephone consultation services during emergencies and other situations.
 Psychological and psychiatric evaluations.
 Expert court testimony.
 Multidisciplinary staffings.
 Case service coordination and assistance.
 Community awareness campaigns.
 Child forensic interviews, family psychosocial interviews, or specialized clinical interviews. 12
CPT staff also train child protective investigators, community providers of child welfare services, and
emergency room staff and other medical providers in the community to develop and maintain their
professional skills and abilities in handling child abuse, abandonment, and neglect cases.13
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 harmed due to the failure of a parent to use a
child restraint required by law. These reports are accepted under the maltreatment of “inadequate
supervision”.14 Previously, DCF required two mitigating criteria before accepting the report: either the
parent had to be cited for reckless driving or under the influence of drugs or alcohol, in addition to the
child not being properly restrained.15 However, in 2018, DCF updated its rule to allow investigations
based solely on the parent’s or legal guardian’s failure to properly safeguard a child if the omission
resulted in serious harm or death of the child.16
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. For children through
age 3, such restraint device must be a separate carrier or a vehicle manufacturer’s integrated child
seat.17
For children age 4 through age 5, a separate carrier, an integrated child seat, or a child booster seat
may be used.18 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 situation involving the child; or
 has a medical condition diagnosed by a health care professional that necessitates an
exception.19
12 S. 39.303(3), F.S.
13 S. 39.303(3)(h), F.S.
14 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 judgement in responding to a physical or
emotional crisis.
15 Florida Department of Children and Families, 2020 Agency Bill Analysis for HB 413 (Nov. 19, 2019)(on file with the Children,
Families, and Seniors Subcommittee).
16 Id.
17 S. 316.613(1)(a)1., F.S.
18 S. 316.613(1)(a)2., F.S.
19 Id.
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 Florida law gives the option for children six years of age or older to continue to use a booster seat or
begin wearing safety belts.
Additionally, under s. 316.614, F.S., it is unlawful for any person to drive a motor vehicle or an
autocycle20 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.21 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.22
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 or 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.23 It is the caregiver’s responsibility to comply with the child restraint
requirements in these situations.24
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 infraction25 and cited to appear before a judge authorized by
law to preside over a court or hearing adjudicating traffic infractions.26 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.27
In 2019, there were 127,285 crashes in Florida involving children under the age of 18, resulting in 1,361
serious injuries and 142 fatalities.28 The Florida Department of Highway Safety and Motor Vehicles
(DHSMV) reports there were 7,461 accidents where a child restraint device was not used.29 Further, in
2020, there were 8,595 citations given for no or improper child restraint device and leaving a child
unattended in a motor vehicle.30
20 An autocycle is a three-wheeled motorcycle that has two wheels in the front and one wheel in the back; is equipped with a roll cage
or roll hoops, a seat belt for each occupant, antilock brakes, a steering wheel, and seating that does not require the operator to straddle
or sit astride it; and is manufactured in accordance with the applicable federal motorcycle safety standards by a manufacturer registered
with the National Highway Traffic Safety Administration.
21 S. 316.614(4), F.S.
22
S. 316.614(6)(d), F.S.
23 S. 316.613(6), F.S.
24 Id.
25 Under s. 318.13, F.S., an “infraction” means a noncriminal violation that may require community service hours under s.
316.027(4), F.S., but is not publishable by incarceration and for which there is no right to a trial by jury or a right to court-