June 16, 2019
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Senate Bill 2192

Senate Bill sb2192

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2192

    By Senator Fasano





    11-1274-04                                          See HB 867

  1                      A bill to be entitled

  2         An act relating to child sexual abuse reporting

  3         and evidence collection; providing definitions;

  4         requiring health care practitioners, personnel

  5         of abortion clinics or abortion referral or

  6         counseling agencies, and other specified

  7         persons to report the pregnancy of a child

  8         under 16 years of age to certain law

  9         enforcement agencies under certain

10         circumstances; requiring a health care

11         practitioner who performs an abortion on a

12         child under 16 years of age to collect and

13         preserve specified samples of deoxyribonucleic

14         acid (DNA) from such child and the fetus;

15         providing for the forwarding of such samples to

16         the Department of Law Enforcement; providing

17         for testing to identify or confirm the identity

18         of the person responsible for impregnating the

19         child; providing for the use of such evidence

20         in certain criminal and civil proceedings;

21         providing criminal penalties; providing for a

22         mandatory minimum term of incarceration for

23         subsequent violations; authorizing the

24         Department of Health to revoke, suspend, or

25         deny renewal of the license of a health care

26         practitioner or abortion clinic for a specified

27         time in certain circumstances; providing

28         applicability; providing for the abrogation of

29         the privileged quality of communications in

30         certain circumstances; authorizing the

31  

                                  1

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






    Florida Senate - 2004                                  SB 2192
    11-1274-04                                          See HB 867




 1         Department of Law Enforcement to adopt rules;

 2         providing an effective date.

 3  

 4         WHEREAS, the Legislature finds that sexual offenders

 5  are extremely likely to use physical violence and to repeat

 6  their offenses, and that most sexual offenders commit many

 7  offenses, have many more victims than are ever reported, and

 8  are prosecuted for only a fraction of their crimes, and

 9         WHEREAS, the Legislature finds that sexual offenders

10  who prey on children present an extreme threat to the public

11  safety, and

12         WHEREAS, the Legislature finds that the state has a

13  compelling interest in protecting children from becoming

14  victims of sexual abuse, and

15         WHEREAS, the Legislature finds that the state has a

16  compelling interest in preserving evidence that facilitates

17  the successful prosecution of persons who sexually abuse

18  children, and

19         WHEREAS, the Legislature finds that children under 16

20  years of age who experience sexual abuse are particularly

21  vulnerable, and

22         WHEREAS, it is unlawful for any person to impregnate or

23  otherwise engage in sexual activity with a child under 16

24  years of age, and

25         WHEREAS, the Legislature finds that a child who is

26  pregnant and also under 16 years of age embodies evidence that

27  a crime has been committed, and

28         WHEREAS, the Legislature finds that successful criminal

29  prosecution of sexual offenders who prey upon and impregnate

30  children under 16 years of age is in the best interests of

31  such children and also furthers a compelling state interest in

                                  2

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






    Florida Senate - 2004                                  SB 2192
    11-1274-04                                          See HB 867




 1  preserving the public safety by increasing the likelihood that

 2  such sexual offenders will be imprisoned and therefore unable

 3  to continue to sexually abuse any child, and

 4         WHEREAS, the Legislature finds that the successful

 5  criminal prosecution of sexual offenders who prey on children

 6  may depend heavily on the preservation of physical evidence,

 7  including DNA evidence, in order to identify or confirm the

 8  identity of a person responsible for impregnating a child

 9  under 16 years of age, and

10         WHEREAS, the Legislature finds that where an

11  impregnated child under 16 years of age seeks an abortion

12  without voluntarily notifying her parent or guardian of the

13  pregnancy or her intent to obtain an abortion, the state may

14  be precluded from effectively preserving by less intrusive

15  means physical evidence of a sexual offense committed against

16  the child, NOW, THEREFORE,

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Mandatory reporting of child sexual abuse;

21  collection of evidence.--

22         (1)  As used in this section, the term:

23         (a)  "Abortion clinic" has the same meaning as in

24  section 390.011, Florida Statutes.

25         (b)  "Abortion referral or counseling agency" has the

26  same meaning as in section 390.025, Florida Statutes.

27         (c)  "Health care practitioner" has the same meaning as

28  in section 456.001, Florida Statutes.

29         (2)  Any health care practitioner, or any person acting

30  under the supervision or direction of a health care

31  practitioner, who knows or reasonably should know that a child

                                  3

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






    Florida Senate - 2004                                  SB 2192
    11-1274-04                                          See HB 867




 1  under 16 years of age is pregnant shall report the pregnancy

 2  of such child to the appropriate sheriff or municipal law

 3  enforcement agency within 24 hours after the time the person

 4  has attained or reasonably should have attained such

 5  knowledge.

 6         (3)  Any employee, volunteer, or other person acting on

 7  behalf of an abortion clinic or an abortion referral or

 8  counseling agency who knows or reasonably should know that a

 9  child under 16 years of age is pregnant shall report the

10  pregnancy of such child to the appropriate sheriff or

11  municipal law enforcement agency within 24 hours after the

12  time the person has attained or reasonably should have

13  attained such knowledge.

14         (4)  Any health care practitioner who performs an

15  abortion on a child under 16 years of age shall collect, in

16  accordance with rules of the Department of Law Enforcement, a

17  sample of deoxyribonucleic acid (DNA) suitable for testing

18  from the child and the fetus. In the case of the child, a

19  sample is suitable for testing if it consists of properly

20  preserved blood or oral swabbings containing DNA. In the case

21  of the fetus, a sample is suitable for testing if is consists

22  of properly preserved blood or fetal tissue containing DNA.

23  Samples collected pursuant to this section shall be

24  immediately forwarded to the Department of Law Enforcement for

25  testing in an effort to identify or confirm the identity of

26  the person responsible for impregnating the child.

27         (5)  All evidence derived pursuant to the provisions of

28  this section may be used in any prosecution under sections

29  800.04, 794.011, and 827.04, Florida Statutes, or in any other

30  criminal or civil proceeding arising in connection with the

31  

                                  4

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






    Florida Senate - 2004                                  SB 2192
    11-1274-04                                          See HB 867




 1  pregnancy, including any failure to make a report or collect

 2  evidence as required by this section.

 3         (6)  Any person who violates the provisions of this

 4  section commits a misdemeanor of the first degree, punishable

 5  as provided in section 775.082 or section 775.083, Florida

 6  Statutes. Any person previously convicted of a violation of

 7  this section shall be sentenced to not less than 6 months'

 8  incarceration for any subsequent violation.

 9         (7)  Notwithstanding the provisions of subsection (6),

10  the Department of Health may revoke or suspend the license of

11  any health care practitioner or abortion clinic for a period

12  not to exceed 2 years, or the department may refuse to renew

13  such license, if it is determined in accordance with the

14  provisions of chapter 120, Florida Statutes, that any

15  provision of this section has been violated by a health care

16  practitioner or, in the case of an abortion clinic, any health

17  care practitioner, employee, or volunteer of such abortion

18  clinic.

19         Section 2.  Abrogation of privilege.--The privileged

20  quality of communication between any professional person and

21  his or her child patient or client under 16 years of age is

22  abrogated to facilitate compliance with the requirements of

23  this act.

24         Section 3.  Rulemaking.--In accordance with chapter

25  120, Florida Statutes, the Department of Law Enforcement is

26  authorized to adopt rules for the administration and

27  implementation of this act.

28         Section 4.  This act shall take effect upon becoming a

29  law, and shall apply to offenses committed on or after the

30  effective date.

31  

                                  5

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

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