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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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
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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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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
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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