HOUSE AMENDMENT
                                                  Bill No. HB 71-E
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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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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    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 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 2 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 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. 27 28 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 3 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. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 File original & 9 copies 05/02/02 hci0001 12:43 pm E0071-0056-235127