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FL S1088
Bill
Status
2/15/2011
Primary Sponsor
Thad Altman
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AI Summary
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Defines "mental injury" in child abuse cases as discernible and substantial impairment in a child's ability to function normally, requiring expert testimony from physicians, psychiatrists, or psychologists with relevant clinical experience during the preceding 3 years.
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Reorganizes child abuse statutes by consolidating definitions into subsection (1) and offenses into subsection (2), with specific penalties for aggravated child abuse (first degree felony), child abuse (third degree felony), and child neglect (second or third degree felony depending on harm caused).
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Adds definition of "maliciously" to mean wrongfully, intentional, and without legal justification, established by circumstances showing a reasonable parent would not have engaged in damaging acts toward a child.
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Expands crime victims compensation to include psychiatric or psychological injuries to persons under 18 years old resulting from felony or misdemeanor offenses, whether or not they were physically injured.
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Updates cross-references throughout Florida Statutes (sections 775.084, 775.0877, 782.07, 921.0022, 948.062, and 960.03) to reflect the restructured child abuse statute sections, effective July 1, 2011.
Legislative Description
Criminal Conduct
Last Action
Indefinitely postponed and withdrawn from consideration
5/7/2011