CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 163
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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11 Representative(s) Seiler and Farkas offered the following:
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13 Substitute Amendment for Amendment (815133) (with title
14 amendment)
15 On page 1, between lines 12 and 13, of the bill
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17 insert:
18 Section 1. Subsection (11) is added to section
19 794.011, Florida Statutes, to read:
20 794.011 Sexual battery.--
21 (11) When mental defect or mental incapacity of the
22 victim is in issue, an expert witness who is licensed pursuant
23 to chapter 490, chapter 458, or chapter 459, may be utilized
24 to testify to such issue.
25 Section 2. Paragraph (b) of subsection (1) of section
26 458.303, Florida Statutes, is amended to read:
27 458.303 Provisions not applicable to other
28 practitioners; exceptions, etc.--
29 (1) The provisions of ss. 458.301, 458.303, 458.305,
30 458.307, 458.309, 458.311, 458.313, 458.315, 458.317, 458.319,
31 458.321, 458.327, 458.329, 458.331, 458.337, 458.339, 458.341,
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File original & 9 copies 03/12/02
hbd0001 01:53 pm 00163-0092-233087
HOUSE AMENDMENT
Bill No. CS/HB 163
Amendment No. ___ (for drafter's use only)
1 458.343, 458.345, and 458.347 shall have no application to:
2 (b) Any physician lawfully licensed in another state
3 or territory or foreign country, when meeting duly licensed
4 physicians of this state in consultation or when testifying or
5 preparing to testify as a witness in any civil or criminal
6 case, provide that such physician may not perform any medical
7 procedure on or render treatment to the patient.
8 Section 3. Paragraph (b) of subsection (1) of section
9 459.002, Florida Statutes, is amended to read:
10 459.002 Chapter not applicable to practice of
11 medicine, surgery, chiropractic medicine, etc.--
12 (1) The provisions of this chapter shall have no
13 application to:
14 (b) Any physician lawfully licensed in another state
15 or territory or foreign country when meeting duly licensed
16 physicians of this state in consultation or when testifying or
17 preparing to testify as a witness in any civil or criminal
18 case, provide that such physician may not perform any medical
19 procedure on or render treatment to the patient.
20 Section 4. Paragraph (g) is added to subsection (2) of
21 section 490.014, Florida Statutes, to read:
22 490.014 Exemptions.--
23 (2) No person shall be required to be licensed or
24 provisionally licensed under this chapter who:
25 (g) Is lawfully licensed or certified by a state or
26 territory of the United States, or by a foreign country or
27 province and examines, evaluates, interviews, tests, or
28 diagnoses a person solely for the purpose of testifying or
29 preparing to testify as an expert witness in any civil or
30 criminal case.
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File original & 9 copies 03/12/02
hbd0001 01:53 pm 00163-0092-233087
HOUSE AMENDMENT
Bill No. CS/HB 163
Amendment No. ___ (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 On page 1, line 3 after "offenses;"
4 remove:
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6 and insert:
7 amending s. 794.011, providing for use of
8 expert witnesses; amending ss. 458.303,
9 459.002, and 490.014, F.S.; providing for use
10 of expert witnesses;
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File original & 9 copies 03/12/02
hbd0001 01:53 pm 00163-0092-233087