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FL H0705
Bill
Status
2/10/2011
Primary Sponsor
Gayle Harrell
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AI Summary
HB 705 Summary
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Defines "mental injury" in child abuse cases as multiple instances of injury causing discernible and substantial impairment in a child's functioning, requiring expert testimony from a board-certified psychiatrist with relevant clinical experience.
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Establishes affirmative defenses to child abuse charges: one protecting First Amendment speech that does not incite lawless action, and another protecting domestic violence victims who failed to protect a child from a third-party abuser.
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Reorganizes section 827.03 to consolidate definitions and offense provisions for child abuse, aggravated child abuse, and child neglect, with penalties ranging from third-degree felonies for basic abuse to first-degree felonies for aggravated abuse.
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Updates cross-references throughout Florida Statutes (sections 775.084, 775.0877, 782.07, 921.0022, and 948.062) to reflect the reorganized child abuse statute provisions.
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Expands the definition of "crime" and "victim" in crime victim compensation statutes to include psychiatric or psychological injury to persons under 18 years old, even without physical injury.
Legislative Description
Criminal Conduct
Last Action
Indefinitely postponed and withdrawn from consideration
5/7/2011