Florida Senate - 2017 SB 1454
By Senator Broxson
1-01181B-17 20171454__
1 A bill to be entitled
2 An act relating to child protection; amending s.
3 39.303, F.S.; adding the Statewide Medical Director
4 for Child Protection as an official who must be
5 consulted in the screening, employment, and
6 termination of child protection team medical directors
7 statewide; amending ss. 458.3175 and 459.0066, F.S.;
8 providing that an expert witness certificate
9 authorizes a physician to provide expert testimony in
10 abandonment, dependency, and sexual abuse cases;
11 amending s. 827.03, F.S.; expanding the application of
12 expert testimony requirements in cases involving
13 abuse, aggravated abuse, or neglect of a child to
14 include criminal cases involving neglect, abandonment,
15 dependency, and sexual abuse; requiring the Children’s
16 Medical Services program within the Department of
17 Health to convene a task force to develop a
18 standardized protocol for forensic interviews of
19 children suspected of being abused; specifying the
20 composition of the task force; requiring the
21 department to submit the standardized protocol to the
22 Legislature by a specified date; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (1) of section 39.303, Florida
28 Statutes, is amended to read:
29 39.303 Child protection teams; services; eligible cases.—
30 (1) The Children’s Medical Services program in the
31 Department of Health shall develop, maintain, and coordinate the
32 services of one or more multidisciplinary child protection teams
33 in each of the service districts of the Department of Children
34 and Families. Such teams may be composed of appropriate
35 representatives of school districts and appropriate health,
36 mental health, social service, legal service, and law
37 enforcement agencies. The Department of Health and the
38 Department of Children and Families shall maintain an
39 interagency agreement that establishes protocols for oversight
40 and operations of child protection teams and sexual abuse
41 treatment programs. The State Surgeon General and the Deputy
42 Secretary for Children’s Medical Services, in consultation with
43 the Statewide Medical Director for Child Protection and the
44 Secretary of Children and Families, shall maintain the
45 responsibility for the screening, employment, and, if necessary,
46 the termination of child protection team medical directors, at
47 headquarters and in the 15 districts.
48 Section 2. Paragraph (c) of subsection (2) of section
49 458.3175, Florida Statutes, is amended to read:
50 458.3175 Expert witness certificate.—
51 (2) An expert witness certificate authorizes the physician
52 to whom the certificate is issued to do only the following:
53 (c) Provide expert testimony in criminal child abuse, and
54 neglect, abandonment, dependency, and sexual abuse cases in this
55 state.
56 Section 3. Paragraph (c) of subsection (2) of section
57 459.0066, Florida Statutes, is amended to read:
58 459.0066 Expert witness certificate.—
59 (2) An expert witness certificate authorizes the physician
60 to whom the certificate is issued to do only the following:
61 (c) Provide expert testimony in criminal child abuse, and
62 neglect, abandonment, dependency, and sexual abuse cases in this
63 state.
64 Section 4. Subsection (3) of section 827.03, Florida
65 Statutes, is amended to read:
66 827.03 Abuse, aggravated abuse, and neglect of a child;
67 penalties.—
68 (3) EXPERT TESTIMONY.—
69 (a) Except as provided in paragraph (b), a physician may
70 not provide expert testimony in a criminal child abuse case
71 unless the physician is a physician licensed under chapter 458
72 or chapter 459 or has obtained certification as an expert
73 witness pursuant to s. 458.3175 or s. 459.0066.
74 (b) A physician may not provide expert testimony in a
75 criminal child abuse case regarding mental injury unless the
76 physician is a physician licensed under chapter 458 or chapter
77 459 who has completed an accredited residency in psychiatry or
78 has obtained certification as an expert witness pursuant to s.
79 458.3175 or s. 459.0066.
80 (c) A psychologist may not give expert testimony in a
81 criminal child abuse case regarding mental injury unless the
82 psychologist is licensed under chapter 490.
83 (d) The expert testimony requirements of this subsection
84 apply only to criminal child abuse, neglect, abandonment,
85 dependency, and sexual abuse cases and not to family court or
86 dependency court cases.
87 Section 5. The Children’s Medical Services program in the
88 Department of Health shall convene, and provide necessary
89 staffing to, a task force to develop a standardized protocol for
90 conducting forensic interviews of children suspected of being
91 victims of abuse.
92 (a) The task force membership must include, but need not be
93 limited to, the following persons, each appointed by the
94 respective organization or entity represented:
95 1. A representative of the Florida Prosecuting Attorneys
96 Association.
97 2. A representative of the Florida Psychological
98 Association.
99 3. The Statewide Medical Director for Child Protection.
100 4. A representative of the Florida Public Defender
101 Association, Inc.
102 5. A representative of the Florida Guardian ad Litem
103 Program.
104 6. A representative of a community-based care lead agency.
105 7. A representative of the Children’s Medical Services
106 program.
107 (b) The department shall deliver the standardized protocol
108 developed by the task force to the Speaker of the House of
109 Representatives and the President of the Senate by January 1,
110 2018. Members of the task force may not receive per diem or
111 other payment for their service on the task force.
112 Section 6. This act shall take effect July 1, 2017.