Booking Officer Duties Related to Minor Children of Arrested Persons

Plain English Breakdown

The provided bill text confirms the law creates s. 901.45 F.S., but does not detail enforcement penalties or specific timelines for verification steps beyond 'during booking' and immediate notification requirements.

Child Protection at Time of Parental Arrest Act

This law requires booking officers to ask arrested people if they are guardians of minor children and take specific steps, such as verifying safety or contacting the abuse hotline, based on their answers.

What This Bill Does

• Creates a new section in Florida Statutes called s. 901.45 regarding duties for minor children of arrested persons.
• Requires booking officers to ask every arrested person if they are the guardian of a minor child during the booking process.
• If an arrested person says yes, requires officers to ask specific questions about whether the child is safe and if contact with someone else is needed.
• Directs officers to verify the safety and current location or placement of any identified minor child.
• Requires officers to notify the central abuse hotline only if they know or suspect a child needs care but has no known, available responsible adult.

Who It Names or Affects

• Booking officers who process arrested persons into custody.
• Arrested persons who are guardians of minor children under age 18.
• Minor children whose parents or legal guardians have been arrested.
• The central abuse hotline, which receives reports when a child is suspected to be without available care.

Terms To Know

Guardian

A parent, relative, caregiver, or person legally designated by a court responsible for the safety and welfare of a minor child.

Minor child

An unmarried person under 18 years old who has not been emancipated by a court order and is the legal or biological child of an arrested person.

Limits and Unknowns

• The law does not specify exactly how officers must verify safety beyond asking questions.
• The text does not state what happens if an officer cannot reach anyone to confirm care immediately, other than the requirement to notify the hotline under specific conditions.

Official Summary Text

Booking Officer Duties Related to Minor Children of Arrested Persons; Requires booking officer to ask certain questions of arrested persons during booking process & take certain actions relating to arrested person's minor children.

Current Bill Text

CS/HB 83 2026

CODING: Words stricken are deletions; words underlined are additions.
hb83-01-c1
Page 1 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to booking officer duties related to 2
minor children of arrested persons; providing a short 3
title; creating s. 901.45, F.S.; defining the terms 4
"guardian" and "minor child"; requiring a booking 5
officer to ask certain questions of arrested persons 6
during the booking process and take certain actions 7
relating to the arrested person's minor children; 8
providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. This act may be cited as the "Child Protection 13
at Time of Parental Arrest Act." 14
Section 2. Section 901.45, Florida Statutes, is created to 15
read: 16
901.45 Booking officer duties relating to minor children 17
of arrested persons.— 18
(1) As used in this section, the term: 19
(a) "Guardian" means a parent, relative, caregiver, or 20
other person legally designated by a court to be responsible for 21
the safety and welfare of a minor child. 22
(b) "Minor child" means an unmarried person under the age 23
of 18 years who has not been emancipated by order of the court 24
and who is the legal or biological child of an arrested person. 25

CS/HB 83 2026

CODING: Words stricken are deletions; words underlined are additions.
hb83-01-c1
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(2) In addition to any other duty, when a booking officer 26
is committing an arrested person to custody, the booking officer 27
must ask the arrested person if he or she is the guardian of a 28
minor child. 29
(3) If the arrested person states that he or she is the 30
guardian of a minor child, the booking officer must ask the 31
person, in the same or similar wording, the following questions 32
and take the following actions: 33
(a) Is the minor child safe with a responsible guardian? 34
(b) Do I need to contact someone to confirm the care of 35
the minor child? 36
(c) Verify the minor child's safety and current placement 37
or location. 38
(d) Notify the central abuse hotline, if the booking 39
officer knows or suspects that the minor child is in need of 40
supervision and care and has no guardian or responsible adult 41
who is immediately known and available to provide such 42
supervision and care. 43
Section 3. This act shall take effect July 1, 2026. 44