HOUSE AMENDMENT Bill No. CS/SB 2366
1	CHAMBER ACTION
2	Senate House
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12	Representative Barreiro and Seiler offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause
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17	and insert:
18	Section 1. Section 827.03, Florida Statutes, is amended to
19	read:
20	827.03 Abuse, aggravated abuse, and neglect of a child;
21	penalties.--
22	(1) "Child abuse" means:
23	(a) Intentional infliction of physical or mental injury
24	upon a child;
25	(b) An intentional act that could reasonably be expected
26	to result in physical or mental injury to a child; or
27	(c) Active encouragement of any person to commit an act
28	that results or could reasonably be expected to result in
29	physical or mental injury to a child.
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31	A person who knowingly or willfully abuses a child without
32	causing great bodily harm, permanent disability, or permanent
33	disfigurement to the child commits a felony of the third degree,
34	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
35	(2) "Aggravated child abuse" occurs when a person:
36	(a) Commits aggravated battery on a child;
37	(b) Willfully tortures, maliciously punishes, or willfully
38	and unlawfully cages a child; or
39	(c) Knowingly or willfully abuses a child and in so doing
40	causes great bodily harm, permanent disability, or permanent
41	disfigurement to the child.
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43	A person who commits aggravated child abuse commits a felony of
44	the first degree, punishable as provided in s. 775.082, s.
45	775.083, or s. 775.084.
46	(3)(a) "Neglect of a child" means:
47	1. A caregiver's failure or omission to provide a child
48	with the care, supervision, and services necessary to maintain
49	the child's physical and mental health, including, but not
50	limited to, food, nutrition, clothing, shelter, supervision,
51	medicine, and medical services that a prudent person would
52	consider essential for the well-being of the child; or
53	2. A caregiver's failure to make a reasonable effort to
54	protect a child from abuse, neglect, or exploitation by another
55	person.
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57	Neglect of a child may be based on repeated conduct or on a
58	single incident or omission that results in, or could reasonably
59	be expected to result in, serious physical or mental injury, or
60	a substantial risk of death, to a child.
61	(b) A person who willfully or by culpable negligence
62	neglects a child and in so doing causes great bodily harm,
63	permanent disability, or permanent disfigurement to the child
64	commits a felony of the second degree, punishable as provided in
65	s. 775.082, s. 775.083, or s. 775.084.
66	(c) A person who willfully or by culpable negligence
67	neglects a child without causing great bodily harm, permanent
68	disability, or permanent disfigurement to the child commits a
69	felony of the third degree, punishable as provided in s.
70	775.082, s. 775.083, or s. 775.084.
71	(4) For purposes of this section, “maliciously” means
72	wrongfully, intentionally, and without legal justification or
73	excuse. Maliciousness may be established by circumstances from
74	which one could conclude that a reasonable parent would not have
75	engaged in the damaging acts toward the child for any valid
76	reason and that the primary purpose of the acts was to cause the
77	victim unjustifiable pain or injury.
78	Section 2. This act shall take effect upon becoming a law.
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81	================= T I T L E A M E N D M E N T =================
82	Remove the entire title
83	and insert:
84	A bill to be entitled
85	An act relating to abuse of children; amending s. 827.03,
86	F.S.; providing a definition for the term "maliciously"
87	for purposes of aggravated child abuse; providing an
88	effective date.
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