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



                                                   HOUSE AMENDMENT

    724-140AX-08                        Bill No. HB 1467, 1st Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Detert offered the following:

12

13         Amendment (with title amendment) 

14         On page 4, between lines 9 and 10, of the bill

15

16  insert:

17         Section 5.  Section 839.27, Florida Statutes, is

18  created to read:

19         839.27  Unlawful acts relating to records of abuse of a

20  child, elderly person, or disabled adult.--

21         (1)  DEFINITIONS.--As used in this section:

22         (a)  "Abuse of an elderly person or disabled adult"

23  means conduct proscribed under s. 825.102 or s. 825.1025.

24         (b)  "Child abuse" means conduct proscribed under s.

25  794.011, s. 794.05, s. 796.03, s. 800.04, s. 827.03, s.

26  827.04(3), or s. 827.071.

27         (c)  "Records of the Department of Children and Family

28  Services" means all documents, papers, letters, maps, books,

29  tapes, photographs, films, sound recordings, data processing

30  software, or other material, regardless of the physical form,

31  characteristics, or means of transmission, made or received by

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    File original & 9 copies    03/14/02
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                                                   HOUSE AMENDMENT

    724-140AX-08                        Bill No. HB 1467, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  the Department of Children and Family Services or its contract

  2  provider in the course of an investigation of child abuse or

  3  abuse of an elderly person or disabled adult.

  4         (2)  It is unlawful for any person to knowingly

  5  falsify, alter, destroy, deface, overwrite, remove, or discard

  6  records of the Department of Children and Family Services or

  7  its contract provider relating to child abuse investigations,

  8  or investigations of abuse of an elderly person or disabled

  9  adult.

10         (a)  Except as provided in paragraphs (b) and (c), any

11  person who violates this subsection commits a misdemeanor of

12  the first degree, punishable as provided in s. 775.082 or s.

13  775.083.

14         (b)  In any case in which the victim of the alleged

15  child abuse suffers great bodily harm or dies after the

16  initial report of child abuse to the Department of Children

17  and Family Services is made, any person who violates this

18  subsection at a point in time after the child sustains great

19  bodily harm or dies commits a felony of the third degree,

20  punishable as provided in s. 775.082, s. 775.083, or s.

21  775.084.

22         (c)  In any case in which the victim of the alleged

23  abuse of an elderly person or disabled adult suffers great

24  bodily harm or dies after the initial report of abuse of an

25  elderly person or disabled adult to the Department of Children

26  and Family Services is made, any person who violates this

27  subsection at a point in time after the victim sustains great

28  bodily harm or dies commits a felony of the third degree,

29  punishable as provided in s. 775.082, s. 775.083, or s.

30  775.084.

31         (3)  Notwithstanding the provisions of s. 948.01, a

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                                                   HOUSE AMENDMENT

    724-140AX-08                        Bill No. HB 1467, 1st Eng.

    Amendment No. ___ (for drafter's use only)





  1  court may not suspend, defer, or withhold adjudication of

  2  guilt or imposition of sentence for any violation of this

  3  section.

  4         (4)  This section does not apply to the disposal of

  5  records or the archiving of records of the Department of

  6  Children and Family Services as otherwise provided by law. In

  7  addition, this section does not prohibit any person from

  8  correcting or updating records, so long as the original record

  9  entries are not altered or destroyed.

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12  ================ T I T L E   A M E N D M E N T ===============

13  And the title is amended as follows:

14         On page 1, line 16, after the semicolon,

15

16  insert:

17         creating s. 839.27, F.S.; providing

18         definitions; specifying unlawful acts relating

19         to records of investigations of abuse of a

20         child, elderly person, or disabled adult;

21         providing penalties; requiring imposition of

22         sentence for violations; providing for certain

23         disposal or archiving of records; providing for

24         certain correcting and updating of records;

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    File original & 9 copies    03/14/02
    hbd0005                     10:17 am         01467-0070-172189