Bill Text: FL H0259 | 2012 | Regular Session | Introduced

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Bill Title: Offenses by Caregivers of Minor Children

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2012-03-09 - Died in Criminal Justice Subcommittee, companion bill(s) passed, see CS/HB 37 (Ch. [H0259 Detail]

Download: Florida-2012-H0259-Introduced.html

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HB 259

1	A bill to be entitled
2	An act relating to offenses by caregivers of minor
3	children; creating s. 827.10, F.S.; penalizing the
4	failure of a caregiver, by culpable negligence, to
5	make contact with a child under a specified age in his
6	or her care for a certain period and to immediately
7	report the child as missing to law enforcement after
8	that period expires without contact in certain
9	circumstances; providing that the time period does not
10	run in certain circumstances; providing criminal
11	penalties; providing enhanced criminal penalties in
12	certain circumstances; creating s. 827.11, F.S.;
13	requiring the caregiver of a minor child to report the
14	child's death or the location of the child's corpse to
15	a law enforcement agency within a specified period in
16	certain circumstances; providing that the time period
17	does not run in certain circumstances; providing
18	criminal penalties; amending s. 837.055, F.S.;
19	prohibiting knowingly making a false report under s.
20	827.10 or s. 827.11, F.S.; providing criminal
21	penalties; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 827.10, Florida Statutes, is created to
26	read:
27	827.10  Missing child; duty to report.-
28	(1)  A caregiver who by culpable negligence fails to make
29	contact with or otherwise verify the whereabouts and safety of a
30	child in his or her care who is 6 years of age or younger for a
31	period of 48 hours and to immediately report the child as
32	missing to law enforcement after this 48-hour period expires
33	without contact commits:
34	(a)  A felony of the second degree if the child suffers
35	death, great bodily harm, permanent disability, or permanent
36	disfigurement while missing; or
37	(b)  A felony of the third degree in any other
38	circumstance,
39
40	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
41	(2)  The reporting time period required by this section
42	does not run while the caregiver is unable to make a report due
43	to circumstances beyond his or her control.
44	Section 2.  Section 827.11, Florida Statutes, is created to
45	read:
46	827.11  Death of a child or location of a child's corpse;
47	reporting requirements.-
48	(1)  A caregiver of a minor child must:
49	(a)  Report the child's death to a law enforcement agency
50	within 2 hours after learning about the child's death; or
51	(b)  Report the location of the child's corpse to a law
52	enforcement agency within 2 hours after learning the location of
53	the corpse,
54
55	if the child's death appears to have been one described in s.
56	406.11(1)(a), other than a death described in s. 406.11(1)(a)6.,
57	7., or 9.
58	(2)  The reporting time period required by this section
59	does not run while the caregiver is unable to make a report due
60	to circumstances beyond his or her control.
61	(3)  A person who violates this section commits a felony of
62	the second degree, punishable as provided in s. 775.082, s.
63	775.083, or s. 775.084.
64	Section 3.  Section 837.055, Florida Statutes, is amended
65	to read:
66	837.055  False information to law enforcement during
67	investigation.-
68	(1)  Except as provided in subsection (2), whoever
69	knowingly and willfully gives false information to a law
70	enforcement officer who is conducting a missing person
71	investigation or a felony criminal investigation with the intent
72	to mislead the officer or impede the investigation commits a
73	misdemeanor of the first degree, punishable as provided in s.
74	775.082 or s. 775.083.
75	(2)  A person who knowingly makes a false report under s.
76	827.10  or s. 827.11 commits a felony of the third degree,
77	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
78	Section 4.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.