House Bill hb0071E

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    Florida House of Representatives - 2002                HB 71-E

        By Representatives Murman and Detert






  1                      A bill to be entitled

  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, elderly person, or disabled adult;

  7         providing penalties; requiring imposition of

  8         sentence for violations; providing for certain

  9         disposal or archiving of records; providing for

10         certain correcting and updating of records;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 839.27, Florida Statutes, is

16  created to read:

17         839.27  Unlawful acts relating to records of abuse of a

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

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

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

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

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

23  794.011, s. 794.05, s. 796.03, s. 800.04, s. 827.03, s.

24  827.04(3), or s. 827.071.

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

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

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

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

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

30  the Department of Children and Family Services or its contract

31  

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    Florida House of Representatives - 2002                HB 71-E

    583-258-02E






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

 2  abuse of an elderly person or disabled adult.

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

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

 5  records of the Department of Children and Family Services or

 6  its contract provider relating to child abuse investigations,

 7  or investigations of abuse of an elderly person or disabled

 8  adult.

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

10  person who violates this subsection commits a misdemeanor of

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

12  775.083.

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

14  child abuse suffers great bodily harm or dies after the

15  initial report of child abuse to the Department of Children

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

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

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

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

20  775.084.

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

22  abuse of an elderly person or disabled adult suffers great

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

24  elderly person or disabled adult to the Department of Children

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

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

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

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

29  775.084.

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

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

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    Florida House of Representatives - 2002                HB 71-E

    583-258-02E






 1  guilt or imposition of sentence for any violation of this

 2  section.

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

 4  records or the archiving of records of the Department of

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

 6  addition, this section does not prohibit any person from

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

 8  entries are not altered or destroyed.

 9         Section 2.  This act shall take effect upon becoming a

10  law.

11  

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13                          HOUSE SUMMARY

14  
      Provides that it is unlawful to falsify, alter, destroy,
15    deface, overwrite, remove, or discard Department of
      Children and Family Services records of investigations of
16    child abuse or abuse of an elderly person or disabled
      adult. Provides definitions and penalties. Prohibits a
17    court from suspending, deferring, or withholding
      adjudication of guilt or imposition of sentence for
18    violations. Provides for disposal or archiving of records
      as otherwise provided by law. Provides that records may
19    be corrected or updated, so long as the original record
      entries are not altered or destroyed.
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