Florida HB 499: Congenital Cytomegalovirus Screening

Bill Text

HB 499 2026

CODING: Words stricken are deletions; words underlined are additions.
hb499-00
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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 dependent children; providing a 2
short title; amending s. 39.01, F.S.; defining the 3
term "incapacitated parent or legal custodian"; 4
amending s. 39.0139, F.S.; revising legislative 5
findings and intent; providing additional situations 6
in which a rebuttable presumption of detriment is 7
created; requiring certain guardians ad litem and 8
attorneys ad litem to have special training in 9
parricide; requiring certain persons to provide to the 10
court and certain agencies and persons access to 11
certain records of a child; requiring visitation or 12
other contact to be supervised by a person who has 13
special training in parricide; requiring the court to 14
refer certain children to specified trauma-informed 15
therapeutic services; amending s. 39.401, F.S.; 16
providing additional reasons a law enforcement officer 17
or authorized agent of the Department of Children and 18
Families can take a child into custody; amending s. 19
39.402, F.S.; requiring a hearing before placing 20
certain children in a shelter; amending ss. 39.302, 21
394.495, 934.255, 960.065, and 984.03, F.S.; 22
conforming cross-references; providing an effective 23
date. 24
25

HB 499 2026

CODING: Words stricken are deletions; words underlined are additions.
hb499-00
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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

Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. This act may be cited as "Ellie's Law." 28
Section 2. Subsections (39) through (91) of section 39.01, 29
Florida Statutes, are renumbered as subsections (40) through 30
(92), respectively, subsection (10) and present subsection (39) 31
are amended, and a new subsection (39) is added to that section, 32
to read: 33
39.01 Definitions.—When used in this chapter, unless the 34
context otherwise requires: 35
(10) "Caregiver" means the parent, legal custodian, 36
permanent guardian, adult household member, or other person 37
responsible for a child's welfare as defined in subsection (58) 38
(57). 39
(39) "Incapacitated parent or legal custodian" means a 40
person who has been found by a licensed physician or other 41
qualified professional to be unable to care for his or her child 42
because of a physical or mental incapacity or some other 43
incapacity that prevents the parent or legal custodian from 44
making informed decisions regarding the child's welfare, 45
including, but not limited to, providing for the child's health 46
and safety. 47
(40)(39) "Institutional child abuse or neglect" means 48
situations of known or suspected child abuse or neglect in which 49
the person allegedly perpetrating the child abuse or neglect is 50

HB 499 2026

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

an employee of a public or private school, public or private day 51
care center, residential home, institution, facility, or agency 52
or any other person at such institution responsible for the 53
child's welfare as defined in subsection (58) (57). 54
Section 3. Paragraphs (a) and (b) of subsection (6) of 55
section 39.0139, Florida Statutes, are redesignated as 56
paragraphs (b) and (c), respectively, paragraph (a) of 57
subsection (2), paragraph (a) of subsection (3), and subsections 58
(4) and (5) are amended, and a new paragraph (a) is added to 59
subsection (6) of that section, to read: 60
39.0139 Visitation or other contact; restrictions.— 61
(2) LEGISLATIVE FINDINGS AND INTENT.— 62
(a) The Legislature finds that: 63
1. For some children who are abused, abandoned, or 64
neglected by a parent or other caregiver, abuse may include 65
sexual abuse, parricide, or attempted parricide. 66
2. These same children are at risk of suffering from 67
further harm during visitation or other contact. 68
3. Visitation or other contact with the child may be used 69
to influence the child's testimony. 70
(3) PRESUMPTION OF DETRIMENT.— 71
(a) A rebuttable presumption of detriment to a child is 72
created when: 73
1. A court of competent jurisdiction has found probable 74
cause exists that a parent or caregiver has sexually abused a 75

HB 499 2026

CODING: Words stricken are deletions; words underlined are additions.
hb499-00
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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

child as defined in s. 39.01; 76
2. A parent or caregiver has been found guilty of, 77
regardless of adjudication, or has entered a plea of guilty or 78
nolo contendere to, charges under the following statutes or 79
substantially similar statutes of other jurisdictions: 80
a. Section 787.04, relating to removing minors from the 81
state or concealing minors contrary to court order; 82
b. Section 794.011, relating to sexual battery; 83
c. Section 798.02, relat