Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 760
       
       
       
       
       
       
                                Ì5034665Î503466                         
       
                              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.