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The Committee on Children, Families, and Elder Affairs (Hill)

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recommended the following amendment:

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 57-95

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and insert:

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     (d) "Mental injury" means multiple instances of injury

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caused by the same abuser to the intellectual or psychological

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capacity of a child as evidenced by a discernible and

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substantial impairment in the ability of the child to function

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within the normal range of performance and behavior as supported

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by expert testimony. A person may not give expert testimony

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regarding mental injury unless that person is a licensed health

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care provider under chapter 458 or chapter 459 and has devoted

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professional time during the 3 years immediately preceding the

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date of the occurrence to the active clinical practice of, or

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consulting with respect to, a specialty that includes the

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evaluation, diagnosis, or treatment of the condition that is the

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subject of the offense.

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     (e)(3)(a) "Neglect of a child" means:

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     1.  A caregiver's failure or omission to provide a child

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with the care, supervision, and services necessary to maintain

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the child's physical and mental health, including, but not

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limited to, food, nutrition, clothing, shelter, supervision,

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medicine, and medical services that a prudent person would

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consider essential for the well-being of the child; or

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     2.  A caregiver's failure to make a reasonable effort to

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protect a child from abuse, neglect, or exploitation by another

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person.

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Except as otherwise provided in the section, neglect of a child

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may be based on repeated conduct or on a single incident or

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omission that results in, or could reasonably be expected to

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result in, serious physical or mental injury, or a substantial

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risk of death, to a child.

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     (2) OFFENSES.--

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     (a) A person who commits aggravated child abuse commits a

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felony of the first degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084.

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     (b)  A person who willfully or by culpable negligence

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neglects a child and in so doing causes great bodily harm,

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permanent disability, or permanent disfigurement to the child

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commits a felony of the second degree, punishable as provided in

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s. 775.082, s. 775.083, or s. 775.084.

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     (c) A person who knowingly or willfully abuses a child

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without causing great bodily harm, permanent disability, or

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permanent disfigurement to the child commits a felony of the

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third degree, punishable as provided in s. 775.082, s. 775.083,

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or s. 775.084.

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     (d)(c) A person who willfully or by culpable negligence

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neglects a child without causing great bodily harm, permanent

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disability, or permanent disfigurement to the child commits a

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felony of the third degree, punishable as provided in s.

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775.082, s. 775.083, or s. 775.084.

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     (3) AFFIRMATIVE DEFENSES.--

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     (a) If the offense is based solely on oral statements of

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the defendant, it is an affirmative defense to a prosecution

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under this section that the conduct giving rise to the offense

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was solely speech protected by the First Amendment to the United

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States Constitution. This affirmative defense does not apply to

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speech that was directed to inciting or producing imminent

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lawless action and that was likely to incite or produce such

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action.

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     (b) If the offense is based solely on a claim of mental

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injury because of a caregiver's failure to make a reasonable

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effort to protect a child from an abuser other than the

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defendant, it is an affirmative defense to a prosecution under

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this section that the defendant was a victim of an act of

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domestic violence or had reasonable cause to believe that he or

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she was about to become a victim of an act of domestic violence

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as defined in s. 741.28, and the defendant had reasonable cause

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to believe that the action or failure to act was necessary in

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order for the defendant to escape from, or protect himself or

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herself from, the domestic violence or to preserve the minor or

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incompetent person from exposure to domestic violence. However,

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this affirmative defense is not available to any person in

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relation to instances of child abuse arising after the defense

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has been previously asserted with respect to the same abuser.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 3-5

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and insert:

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F.S.; defining the term "mental injury" with respect to

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the offenses of abuse, aggravated abuse, and neglect of a

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child; requiring that a person acting as an expert witness

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have certain credentials; providing affirmative defenses

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to the offenses of child abuse, aggravated child abuse,

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and neglect; amending ss.

3/11/2008  1:46:00 PM     586-04627-08