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



                                                   HOUSE AMENDMENT

    715-180AX-08                                  Bill No. HB 1467

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

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Bilirakis offered the following:

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13         Amendment to Amendment (631663) (with title amendment) 

14         On page 2, between lines 11 & 12, of the amendment

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16  insert:

17         Section 2.  Section 39.204, Florida Statutes, is

18  amended to read:

19         39.204  Abrogation of privileged communications in

20  cases involving child abuse, abandonment, or neglect.--The

21  privileged quality of communication between husband and wife

22  and between any professional person and his or her patient or

23  client, and any other privileged communication except that

24  between attorney and client or the privilege provided in s.

25  90.505, as such communication relates both to the competency

26  of the witness and to the exclusion of confidential

27  communications, shall not apply to any communication involving

28  the perpetrator or alleged perpetrator in any situation

29  involving known or suspected child abuse, abandonment, or

30  neglect and shall not constitute grounds for failure to report

31  as required by s. 39.201 regardless of the source of the

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    File original & 9 copies    03/11/02
    hbd0005                     05:41 pm         01467-0048-313385




                                                   HOUSE AMENDMENT

    715-180AX-08                                  Bill No. HB 1467

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





  1  information requiring the report, failure to cooperate with

  2  law enforcement or the department in its activities pursuant

  3  to this chapter, or failure to give evidence in any judicial

  4  proceeding relating to child abuse, abandonment, or neglect.

  5         Section 3.  Subsections (3) and (5) of section

  6  415.1045, Florida Statutes, are amended to read:

  7         415.1045  Photographs, videotapes, and medical

  8  examinations; abrogation of privileged communications;

  9  confidential records and documents.--

10         (3)  ABROGATION OF PRIVILEGED COMMUNICATIONS.--The

11  privileged quality of communication between husband and wife

12  and between any professional and the professional's patient or

13  client, and any other privileged communication except that

14  between attorney and client or clergy and person, as such

15  communication relates to both the competency of the witness

16  and to the exclusion of confidential communications, does not

17  apply to any situation involving known or suspected abuse,

18  neglect, or exploitation of a vulnerable adult and does not

19  constitute grounds for failure to report as required by s.

20  415.1034, for failure to cooperate with law enforcement or the

21  department in its activities under ss. 415.101-415.113, or for

22  failure to give evidence in any judicial or administrative

23  proceeding relating to abuse, neglect, or exploitation of a

24  vulnerable adult.

25         (5)  ACCESS TO RECORDS AND DOCUMENTS.--If any person

26  refuses to allow a law enforcement officer or the protective

27  investigator to have access to, inspect, or copy any medical,

28  social, or financial record or document in the possession of

29  any person, caregiver, guardian, or facility which is relevant

30  to the allegations under investigation, the department may

31  petition the court for an order requiring the person to allow

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    File original & 9 copies    03/11/02
    hbd0005                     05:41 pm         01467-0048-313385




                                                   HOUSE AMENDMENT

    715-180AX-08                                  Bill No. HB 1467

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





  1  access to the record or document.  The petition must allege

  2  specific facts sufficient to show that the record or document

  3  is relevant to the allegations under investigation and that

  4  the person refuses to allow access to such record or document.

  5  If the court finds by a preponderance of the evidence that the

  6  record or document is relevant to the allegations under

  7  investigation, the court may order the person to allow access

  8  to and permit the inspection or copying of the medical,

  9  social, or financial record or document.

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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  remove:  the entire title

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16  and insert:

17                      A bill to be entitled

18         A act relating to child and adult abuse;

19         requiring hospitals, birthing facilities, or

20         home birth providers to give to new parents

21         informational brochures concerning the dangers

22         of shaking babies and young children; requiring

23         the Department of Health to prepare the

24         brochures; prescribing the contents of the

25         brochures; providing that a cause of action

26         against specified persons and entities does not

27         accrue as a result of failure to give this

28         information; amending ss. 39.204 and 415.1045,

29         F.S.; providing applicability of failure to

30         cooperate with law enforcement with respect to

31         investigation of or privileged communications

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    File original & 9 copies    03/11/02
    hbd0005                     05:41 pm         01467-0048-313385




                                                   HOUSE AMENDMENT

    715-180AX-08                                  Bill No. HB 1467

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





  1         regarding child or adult abuse; providing an

  2         effective date

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    File original & 9 copies    03/11/02
    hbd0005                     05:41 pm         01467-0048-313385