Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 760
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/23/2015 .
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The Committee on Health Policy (Grimsley) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 203 - 206
4 and insert:
5 Section 2. Paragraph (c) is added to subsection (2) of
6 section 458.3175, Florida Statutes, to read:
7 458.3175 Expert witness certificate.—
8 (2) An expert witness certificate authorizes the physician
9 to whom the certificate is issued to do only the following:
10 (c) Provide expert testimony in a criminal child abuse case
11 in this state.
12 Section 3. For the purpose of incorporating the amendment
13 made by this act to section 39.303, Florida Statutes, in a
14 reference thereto, section 39.3031, Florida Statutes, is
15 reenacted to read:
16 39.3031 Rules for implementation of s. 39.303.—The
17 Department of Health, in consultation with the Department of
18 Children and Families, shall adopt rules governing the child
19 protection teams pursuant to s. 39.303, including definitions,
20 organization, roles and responsibilities, eligibility, services
21 and their availability, qualifications of staff, and a waiver
22 request process.
23 Section 4. For the purpose of incorporating the amendment
24 made by this act to section 39.303, Florida Statutes, in a
25 reference thereto, subsection (2) of section 391.026, Florida
26 Statutes, is reenacted to read:
27 391.026 Powers and duties of the department.—The department
28 shall have the following powers, duties, and responsibilities:
29 (2) To provide services to abused and neglected children
30 through child protection teams pursuant to s. 39.303.
31 Section 5. For the purpose of incorporating the amendment
32 made by this act to section 458.3175, Florida Statutes, in a
33 reference thereto, subsection (12) of section 766.102, Florida
34 Statutes, is reenacted to read:
35 766.102 Medical negligence; standards of recovery; expert
36 witness.—
37 (12) If a physician licensed under chapter 458 or chapter
38 459 or a dentist licensed under chapter 466 is the party against
39 whom, or on whose behalf, expert testimony about the prevailing
40 professional standard of care is offered, the expert witness
41 must be licensed under chapter 458, chapter 459, or chapter 466
42 or possess a valid expert witness certificate issued under s.
43 458.3175, s. 459.0066, or s. 466.005.
44 Section 6. For the purpose of incorporating the amendment
45 made by this act to section 458.3175, Florida Statutes, in a
46 reference thereto, paragraphs (a) and (b) of subsection (3) of
47 section 827.03, Florida Statutes, are reenacted to read:
48 827.03 Abuse, aggravated abuse, and neglect of a child;
49 penalties.—
50 (3) EXPERT TESTIMONY.—
51 (a) Except as provided in paragraph (b), a physician may
52 not provide expert testimony in a criminal child abuse case
53 unless the physician is a physician licensed under chapter 458
54 or chapter 459 or has obtained certification as an expert
55 witness pursuant to s. 458.3175.
56 (b) A physician may not provide expert testimony in a
57 criminal child abuse case regarding mental injury unless the
58 physician is a physician licensed under chapter 458 or chapter
59 459 who has completed an accredited residency in psychiatry or
60 has obtained certification as an expert witness pursuant to s.
61 458.3175.
62 Section 7. For the purpose of incorporating the amendment
63 made by this act to section 458.3175, Florida Statutes, in a
64 reference thereto, paragraph (a) of subsection (3) of section
65 960.03, Florida Statutes, is reenacted to read:
66 960.03 Definitions; ss. 960.01-960.28.—As used in ss.
67 960.01-960.28, unless the context otherwise requires, the term:
68 (3) “Crime” means:
69 (a) A felony or misdemeanor offense committed by an adult
70 or a juvenile which results in physical injury or death, or a
71 felony or misdemeanor offense of child abuse committed by an
72 adult or a juvenile which results in a mental injury, as defined
73 in s. 827.03, to a person younger than 18 years of age who was
74 not physically injured by the criminal act. The mental injury to
75 the minor must be verified by a psychologist licensed under
76 chapter 490, by a physician licensed in this state under chapter
77 458 or chapter 459 who has completed an accredited residency in
78 psychiatry, or by a physician who has obtained certification as
79 an expert witness pursuant to s. 458.3175. The term also
80 includes a criminal act that is committed within this state but
81 that falls exclusively within federal jurisdiction.
82 ================= T I T L E A M E N D M E N T ================
83 And the title is amended as follows:
84 Delete lines 2 - 8
85 and insert:
86 An act relating to child protection; amending s.
87 39.303, F.S.; requiring the Statewide Medical Director
88 for Child Protection and the district medical
89 directors to hold certain qualifications; amending s.
90 458.3175, F.S.; authorizing a physician with an expert
91 witness certificate to provide expert testimony in a
92 criminal child abuse case; reenacting ss. 39.3031 and
93 391.026(2), F.S., relating to rules of implementation
94 of s. 39.303, F.S., and powers and duties of the
95 Department of Health, respectively, to incorporate the
96 amendment made to s. 39.303, F.S., in references
97 thereto; reenacting ss. 776.102(12), 827.03(3)(a) and
98 (b), and 960.03(3)(a), F.S., relating to expert
99 witnesses, expert testimony, and the definition of the
100 term “crime,” respectively, to incorporate the
101 amendment made to s. 458.3175, F.S., in references
102 thereto; providing an effective date.