HOUSE AMENDMENT
Bill No. HB 71-E
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) Murman and Detert offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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16 and insert:
17 Section 1. 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) "Foster care and related services" means, family
28 preservation, independent living, emergency shelter,
29 residential group care, foster care, therapeutic foster care,
30 intensive residential treatment, foster care supervision, case
31 management, postplacement supervision, permanent foster care,
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hci0001 12:43 pm E0071-0056-235127
HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 or family reunification.
2 (d) "Protective supervision" means a legal status in
3 dependency cases which permits the child to remain safely in
4 his or her own home or other nonlicensed placement under the
5 supervision of an agent of the department and which must be
6 reviewed by the court during the period of supervision as
7 defined in s. 39.01(59).
8 (e) "Records of the Department of Children and Family
9 Services" means all documents, papers, letters, maps, books,
10 tapes, photographs, films, sound recordings, data processing
11 software, or other material, regardless of the physical form,
12 characteristics, or means of transmission, made or received by
13 the Department of Children and Family Services or its contract
14 provider in the course of an investigation of child abuse,
15 protective supervision, foster care and related services, or
16 abuse of an elderly person or disabled adult.
17 (2) It is unlawful for any person to knowingly
18 falsify, alter, destroy, deface, overwrite, remove, or discard
19 records of the Department of Children and Family Services or
20 its contract provider with the intent to conceal a fact
21 material to a child abuse investigation, protective
22 supervision, foster care and related services, or
23 investigations of abuse of an elderly person or disabled
24 adult.
25 (a) Except as provided in paragraphs (b) and (c), any
26 person who violates this subsection commits a misdemeanor of
27 the first degree, punishable as provided in s. 775.082 or s.
28 775.083.
29 (b) In any case in which the victim of the alleged
30 child abuse suffers great bodily harm or dies after the
31 initial report of child abuse to the Department of Children
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hci0001 12:43 pm E0071-0056-235127
HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 and Family Services is made, any person who violates this
2 subsection at a point in time after the child sustains great
3 bodily harm or dies commits a felony of the third degree,
4 punishable as provided in s. 775.082, s. 775.083, or s.
5 775.084.
6 (c) In any case in which the victim of the alleged
7 abuse of an elderly person or disabled adult suffers great
8 bodily harm or dies after the initial report of abuse of an
9 elderly person or disabled adult to the Department of Children
10 and Family Services is made, any person who violates this
11 subsection at a point in time after the victim sustains great
12 bodily harm or dies commits a felony of the third degree,
13 punishable as provided in s. 775.082, s. 775.083, or s.
14 775.084.
15 (3) Notwithstanding the provisions of s. 948.01, a
16 court may not suspend, defer, or withhold adjudication of
17 guilt or imposition of sentence for any violation of this
18 section.
19 (4) This section does not apply to the disposal of
20 records or the archiving of records of the Department of
21 Children and Family Services as otherwise provided by law. In
22 addition, this section does not prohibit any person from
23 correcting or updating records, so long as the original record
24 entries are not altered or destroyed.
25 Section 2. This act shall take effect upon becoming a
26 law.
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29 ================ T I T L E A M E N D M E N T ===============
30 And the title is amended as follows:
31 remove: the entire title
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File original & 9 copies 05/02/02
hci0001 12:43 pm E0071-0056-235127
HOUSE AMENDMENT
Bill No. HB 71-E
Amendment No. ___ (for drafter's use only)
1 and insert:
2 An act relating to the Department of Children
3 and Family Services; creating s. 839.27, F.S.;
4 providing definitions; specifying unlawful acts
5 relating to records of investigations of abuse
6 of a child, records relating to protective
7 supervision foster care and related services,
8 records of investigations of abuse of the
9 elderly person, or disabled adult; providing
10 penalties; requiring imposition of sentence for
11 violations; providing for certain disposal or
12 archiving of records; providing for certain
13 correcting and updating of records; providing
14 an effective date.
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File original & 9 copies 05/02/02
hci0001 12:43 pm E0071-0056-235127