CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
724-140AX-27 Bill No. CS for SB 1766, 1st Eng.
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) Detert offered the following:
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13 Amendment (with title amendment)
14 On page 4, between lines 9 and 10, of the bill
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16 insert:
17 Section 5. 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) "Records of the Department of Children and Family
28 Services" means all documents, papers, letters, maps, books,
29 tapes, photographs, films, sound recordings, data processing
30 software, or other material, regardless of the physical form,
31 characteristics, or means of transmission, made or received by
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File original & 9 copies 03/15/02
hbd0007 12:33 pm 01766-0070-935877
HOUSE AMENDMENT
724-140AX-27 Bill No. CS for SB 1766, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 the Department of Children and Family Services or its contract
2 provider in the course of an investigation of child abuse or
3 abuse of an elderly person or disabled adult.
4 (2) It is unlawful for any person to knowingly
5 falsify, alter, destroy, deface, overwrite, remove, or discard
6 records of the Department of Children and Family Services or
7 its contract provider relating to child abuse investigations,
8 or investigations of abuse of an elderly person or disabled
9 adult.
10 (a) Except as provided in paragraphs (b) and (c), any
11 person who violates this subsection commits a misdemeanor of
12 the first degree, punishable as provided in s. 775.082 or s.
13 775.083.
14 (b) In any case in which the victim of the alleged
15 child abuse suffers great bodily harm or dies after the
16 initial report of child abuse to the Department of Children
17 and Family Services is made, any person who violates this
18 subsection at a point in time after the child sustains great
19 bodily harm or dies commits a felony of the third degree,
20 punishable as provided in s. 775.082, s. 775.083, or s.
21 775.084.
22 (c) In any case in which the victim of the alleged
23 abuse of an elderly person or disabled adult suffers great
24 bodily harm or dies after the initial report of abuse of an
25 elderly person or disabled adult to the Department of Children
26 and Family Services is made, any person who violates this
27 subsection at a point in time after the victim sustains great
28 bodily harm or dies commits a felony of the third degree,
29 punishable as provided in s. 775.082, s. 775.083, or s.
30 775.084.
31 (3) Notwithstanding the provisions of s. 948.01, a
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hbd0007 12:33 pm 01766-0070-935877
HOUSE AMENDMENT
724-140AX-27 Bill No. CS for SB 1766, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 court may not suspend, defer, or withhold adjudication of
2 guilt or imposition of sentence for any violation of this
3 section.
4 (4) This section does not apply to the disposal of
5 records or the archiving of records of the Department of
6 Children and Family Services as otherwise provided by law. In
7 addition, this section does not prohibit any person from
8 correcting or updating records, so long as the original record
9 entries are not altered or destroyed.
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13 And the title is amended as follows:
14 On page 1, line 16, after the semicolon,
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16 insert:
17 creating s. 839.27, F.S.; providing
18 definitions; specifying unlawful acts relating
19 to records of investigations of abuse of a
20 child, elderly person, or disabled adult;
21 providing penalties; requiring imposition of
22 sentence for violations; providing for certain
23 disposal or archiving of records; providing for
24 certain correcting and updating of records;
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File original & 9 copies 03/15/02
hbd0007 12:33 pm 01766-0070-935877