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April 29 2008

Child Abuse Case from 4th DCA

The Fourth District Court of Appeals has recently decided that a teacher intentionally stomping on a student's foot does not amount to Child Abuse when the child suffers no injuries. Moreover, a student who was placed in a chair that was then shoved down a flight of three steps, and actually suffered injuries, also did not amount to child abuse. The rationale was that the injuries "substantially cleared up in a relatively short amount of time."

Legislative updates

CS/HB 29

DNA Testing
- General Bill by Safety & Security Council, Snyder
- Last Event: Tuesday, April 22, 2008 - 04/22/08 Signed by Officers and presented to Governor -HJ 00712

CS/CS/HB 43

Criminal Activity
- General Bill by Policy & Budget Council, Safety & Security Council, Snyder
- Last Event: Wednesday, April 23, 2008 - Added to In Possession List

HB 49

Use of Deadly Force
- General Bill by Bendross-Mindingall
- Last Event: Wednesday, March 05, 2008 - Now in Committee on Homeland Security & Public Safety

HB 61

Offenses Against Officers
- General Bill by Scionti
- Last Event: Friday, April 25, 2008 - Ordered enrolled

HB 77

Driver License Restrictions
- General Bill by Skidmore
- Last Event: Tuesday, March 04, 2008 - 1st Reading

HB 81

Assault or Battery on Homeless Persons
- General Bill by Taylor
- Last Event: Friday, January 18, 2008 - Withdrawn prior to introduction

HB 85

Lewd or Lascivious Molestation
- General Bill by Kravitz
- Last Event: Friday, April 25, 2008 - 04/25/08 S Passed; YEAS 37 NAYS 0 -SJ 00833

Bill's text:

 http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx
?FileName=_h0085__.xml&DocumentType=Bill&BillNumber=0085&Session=2008

For a life felony committed on or after July 1, 2008,

39 which is a person's second or subsequent violation of s.

40 800.04(5)(b), by a term of imprisonment for life.

The above is the essential change to the statute. Under the Jessica Lunsford Act, a conviction for lewd molestation upon a child under 12 by a person 18 or older was 25 to LIFE. This makes repeat offenders subject to LIFE without parole.

CS/CS/SB 76

Criminal Activity/Criminal Gangs [LPCC]
- General Bill by Criminal and Civil Justice Appropriations, Criminal Justice, Atwater
- Last Event: Thursday, April 17, 2008 - 04/17/08 S Laid on Table, refer to CS/CS/HB 43 -SJ 00678

CS/SB 92

Persons Injured by Crime/Medical Treatment [LPCC]
- General Bill by Judiciary, Villalobos
- Last Event: Sunday, April 27, 2008 - Added to Second Reading Calendar

With offices in Orlando, Altamonte Springs and Kissimmee, the criminal defense lawyers at Carsten & Ladan, P.A. defend clients throughout Central Florida, including the cities of Orlando, Altamonte Springs, Kissimmee, Apopka, Azalea Park, Buena Ventura Lakes, BVL, Casselberry, Citrus Ridge, Clermont, Conway, Dr. Phillips, Eustis, Fern Park, Forest City, Goldenrod, Lady Lake, Lake Buena Vista, Lake Mary, Leesburg, Lockhart, Lokosee, Longwood, Maitland, Metro West, Minneola, Mount Dora, Oakland, Ocoee, Oviedo, Pine Castle, Pine Hills, Saint Cloud, Sanford, Slavia, Sunset Island, Winter Park, and Winter Springs. Our criminal defense attorneys also represent clients throughout the communities in the Florida counties of Orange County, Seminole County, Osceola County, Lake County, Polk County and Volusia County.

Office Locations

Main Office: Orlando
121 S. Orange Avenue
Suite 1420 North
Orlando, FL 32801
Phone: 407.657.1555
Fax: 407.657.1526
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Orange County

Altamonte Springs Office
101 S. Wymore Rd., Suite 440
Altamonte Springs, FL 32714
Phone: 407.657.9945
Fax: 407.657.1526
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Seminole County

Kissimmee Office
808 Mabbette Street
Kissimmee, FL 34741
Phone: 407.846.6432
Fax: 407.846.6549
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Osceola County