THE BILL ITSELF
CS/HB 83
Booking Officer Duties Related to Minor Children of Arrested Persons
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A bill to be entitled
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An act relating to booking officer duties related to
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minor children of arrested persons; providing a short
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title; creating s. 901.45, F.S.; defining the terms
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"guardian" and "minor child"; requiring a booking
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officer to ask certain questions of arrested persons
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during the booking process and take certain actions
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relating to the arrested person's minor children;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Child Protection
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at Time of Parental Arrest Act." Section 2. Section 901.45, Florida Statutes, is created to
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read:
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901.45 Booking officer duties relating to minor children
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of arrested persons.—
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(1) As used in this section, the term:
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(a) "Guardian" means a parent, relative, caregiver, or
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other person legally designated by a court to be responsible for
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the safety and welfare of a minor child.
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(b) "Minor child" means an unmarried person under the age
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of 18 years who has not been emancipated by order of the court
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and who is the legal or biological child of an arrested person.
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(2) In addition to any other duty, when a booking officer
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is committing an arrested person to custody, the booking officer
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must ask the arrested person if he or she is the guardian of a
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minor child.
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(3) If the arrested person states that he or she is the
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guardian of a minor child, the booking officer must ask the
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person, in the same or similar wording, the following questions
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and take the following actions:
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(a) Is the minor child safe with a responsible guardian?
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(b) Do I need to contact someone to confirm the care of
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the minor child?
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(c) Verify the minor child's safety and current placement
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or location.
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(d) Notify the central abuse hotline, if the booking
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officer knows or suspects that the minor child is in need of
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supervision and care and has no guardian or responsible adult
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who is immediately known and available to provide such
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supervision and care.
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Section 3. This act shall take effect July 1, 2026.