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HB 153 2026
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hb153-00
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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 reports of child abuse, 2
abandonment, or neglect; amending s. 39.201, F.S.; 3
requiring the central abuse hotline to electronically 4
transfer certain reports to the appropriate county 5
sheriff's office or local law enforcement agency; 6
requiring certain persons to report certain knowledge 7
or suspicion to the central abuse hotline; requiring 8
the central abuse hotline to accept certain reports 9
and immediately notify the Department of Children and 10
Families to ensure that an onsite protective 11
investigation is promptly initiated; creating a 12
rebuttable presumption; providing methods to rebut 13
such presumption; requiring the department to maintain 14
a specified record under certain circumstances; 15
prohibiting the department from returning a child to 16
the custody of the child's parent unless certain 17
actions are taken and determinations are made by the 18
court; providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
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Section 1. Paragraph (a) of subsection (1) of section 23
39.201, Florida Statutes, is amended, and paragraph (f) is added 24
to subsection (3) of that section, to read: 25
HB 153 2026
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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
39.201 Required reports of child abuse, abandonment, or 26
neglect, sexual abuse of a child, and juvenile sexual abuse; 27
required reports of death; reports involving a child who has 28
exhibited inappropriate sexual behavior.— 29
(1) MANDATORY REPORTING.— 30
(a)1. A person is required to report immediately to the 31
central abuse hotline established in s. 39.101, in writing, 32
through a call to the toll-free telephone number, or through 33
electronic reporting, if he or she knows, or has reasonable 34
cause to suspect, that any of the following has occurred: 35
a. Child abuse, abandonment, or neglect by a parent or 36
caregiver, which includes, but is not limited to, when a child 37
is abused, abandoned, or neglected by a parent, legal custodian, 38
caregiver, or other person responsible for the child's welfare 39
or when a child is in need of supervision and care and has no 40
parent, legal custodian, or responsible adult relative 41
immediately known and available to provide such supervision and 42
care. 43
b. Child abuse by an adult other than a parent, legal 44
custodian, caregiver, or other person responsible for the 45
child's welfare. The central abuse hotline must immediately 46
electronically transfer such reports to the appropriate county 47
sheriff's office or local law enforcement agency. 48
2. Any person who knows, or has reasonable cause to 49
suspect, that a child is the victim of sexual abuse or juvenile 50
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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
sexual abuse shall report such knowledge or suspicion to the 51
central abuse hotline, including if the alleged incident 52
involves a child who is in the custody of or under the 53
protective supervision of the department. 54
3. Any person who knows, or has reasonable cause to 55
suspect, that a child has been born to a parent who has another 56
child who is in the custody of or under the protective 57
supervision of the department shall report such knowledge or 58
suspicion to the central abuse hotline. 59
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Such reports may be made in writing, through the statewide toll-61
free telephone number, or through electronic reporting. 62
(3) ADDITIONAL CIRCUMSTANCES RELATED TO REPORTS.— 63
(f) Children born to certain parents.— 64
1. The central abuse hotline must accept reports alleging 65
that a child has been born to a parent who has another child who 66
is in the custody of or under the protective supervision of the 67
department. Such reports require an immediate onsite protective 68
investigation and the central abuse hotline shall immediately 69
notify the department's designated district staff responsible 70
for protective investigations to ensure that an onsite 71
protective investigation is promptly initiated. 72
2. There is a rebuttable presumption that a child born to 73
a parent who has another child in the custody of or under the 74
protective supervision of the department is in immediate danger 75
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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
of abuse, abandonment, or neglect. A parent may rebut such 76
presumption by providing to the department evidence that the 77
parent is successfully participating in department or court-78
ordered services or other evidence as required by the 79
department. 80
3. If the department determines that the rebuttable 81
presumption has been rebutted and there is not an immediate 82
threat to the child's well-being or safety, the department must 83
maintain a record that includes any previous allegations, 84
complaints, or petitions against the parent and the evidence 85
that the department relied upon in determining that the parent 86
rebutted the presumption. 87
4. If the presumption is not rebutted and a child is taken 88
into the custody of the department after a protective 89
investigation is conducted under s. 39.301, the department may 90
not return the child to the parent's custody until all of the 91
following have occurred: 92
a. A guardian ad litem is appointed for the child. 93
b. The department has conducted a full protective 94
investigation pursuant to this chapter and the results of the 95
protective investigation, including any previous allegations, 96
complaints, or petitions of abuse, abandonment, or neglect 97
against the parent, have been presented to the court at the 98
shelter hearing. 99
c. The court determines by a preponderance of the evidence 100
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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
that the child will be provided a safe home and there is not an 101
immediate threat to the child's well-being or safety. 102
Section 2. This act shall take effect July 1, 2026. 103