Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 232
       
       
       
       
       
       
                                Ì566960:Î566960                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  11/13/2019           .                                
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       The Committee on Children, Families, and Elder Affairs (Book)
       recommended the following:
       
    1         Senate Amendment (with directory amendment)
    2  
    3         Between lines 17 and 18
    4  insert:
    5         (a) Inflicts or allows to be inflicted upon the child
    6  physical, mental, or emotional injury. In determining whether
    7  harm has occurred, the following factors must be considered in
    8  evaluating any physical, mental, or emotional injury to a child:
    9  the age of the child; any prior history of injuries to the
   10  child; the location of the injury on the body of the child; the
   11  multiplicity of the injury; and the type of trauma inflicted.
   12  Such injury includes, but is not limited to:
   13         1. Willful acts that produce the following specific
   14  injuries:
   15         a. Sprains, dislocations, or cartilage damage.
   16         b. Bone or skull fractures.
   17         c. Brain or spinal cord damage.
   18         d. Intracranial hemorrhage or injury to other internal
   19  organs.
   20         e. Asphyxiation, suffocation, or drowning.
   21         f. Injury resulting from the use of a deadly weapon.
   22         g. Burns or scalding.
   23         h. Cuts, lacerations, punctures, or bites.
   24         i. Permanent or temporary disfigurement.
   25         j. Permanent or temporary loss or impairment of a body part
   26  or function.
   27  
   28         As used in this subparagraph, the term “willful” refers to
   29  the intent to perform an action, not to the intent to achieve a
   30  result or to cause an injury.
   31         2. Purposely giving a child, or storing or leaving out when
   32  a person knows or reasonably should know that a child is likely
   33  to gain access to poison, alcohol, drugs, or other substances
   34  that substantially affect the child’s behavior, motor
   35  coordination, or judgment or that result in sickness or internal
   36  injury. For the purposes of this subparagraph, the term:
   37         a. “Drugs” means prescription drugs not prescribed for the
   38  child or not administered as prescribed, and controlled
   39  substances as outlined in Schedule I or Schedule II of s.
   40  893.03.
   41         b. “Other substances” includes any liquid that contains
   42  nicotine, flavorings or other substances that are heated into a
   43  vapor by an electronic cigarette or other vaping device to be
   44  inhaled by an individual.
   45         3. Leaving a child without adult supervision or arrangement
   46  appropriate for the child’s age or mental or physical condition,
   47  so that the child is unable to care for the child’s own needs or
   48  another’s basic needs or is unable to exercise good judgment in
   49  responding to any kind of physical or emotional crisis.
   50         4. Inappropriate or excessively harsh disciplinary action
   51  that is likely to result in physical injury, mental injury as
   52  defined in this section, or emotional injury. The significance
   53  of any injury must be evaluated in light of the following
   54  factors: the age of the child; any prior history of injuries to
   55  the child; the location of the injury on the body of the child;
   56  the multiplicity of the injury; and the type of trauma
   57  inflicted. Corporal discipline may be considered excessive or
   58  abusive when it results in any of the following or other similar
   59  injuries:
   60         a. Sprains, dislocations, or cartilage damage.
   61         b. Bone or skull fractures.
   62         c. Brain or spinal cord damage.
   63         d. Intracranial hemorrhage or injury to other internal
   64  organs.
   65         e. Asphyxiation, suffocation, or drowning.
   66         f. Injury resulting from the use of a deadly weapon.
   67         g. Burns or scalding.
   68         h. Cuts, lacerations, punctures, or bites.
   69         i. Permanent or temporary disfigurement.
   70         j. Permanent or temporary loss or impairment of a body part
   71  or function.
   72         k. Significant bruises or welts.
   73  
   74  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   75  And the directory clause is amended as follows:
   76         Delete lines 12 - 13
   77  and insert:
   78         Section 1. Paragraph (a) is amended and paragraphs (m) and
   79  (n) are added to subsection (35) of section 39.01, Florida
   80  Statutes, to read: