Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 588
       
       
       
       
       
       
                                Ì786638UÎ786638                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2014           .                                
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       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (24) of section
    6  90.803, Florida Statutes, is amended to read:
    7         90.803 Hearsay exceptions; availability of declarant
    8  immaterial.—The provision of s. 90.802 to the contrary
    9  notwithstanding, the following are not inadmissible as evidence,
   10  even though the declarant is available as a witness:
   11         (24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR
   12  DISABLED ADULT.—
   13         (a) Unless the source of information or the method or
   14  circumstances by which the statement is reported indicates a
   15  lack of trustworthiness, an out-of-court statement made by an
   16  elderly person or disabled adult, as defined in s. 825.101,
   17  describing any act of abuse or neglect, any act of exploitation,
   18  the offense of battery or aggravated battery or assault or
   19  aggravated assault or sexual battery, or any other violent act
   20  on the declarant elderly person or disabled adult, not otherwise
   21  admissible, is admissible in evidence in any civil or criminal
   22  proceeding if:
   23         1. The court finds in a hearing conducted outside the
   24  presence of the jury that the time, content, and circumstances
   25  of the statement provide sufficient safeguards of reliability.
   26  In making its determination, the court may consider the mental
   27  and physical age and maturity of the elderly person or disabled
   28  adult, the nature and duration of the abuse or offense, the
   29  relationship of the victim to the offender, the reliability of
   30  the assertion, the reliability of the elderly person or disabled
   31  adult, and any other factor deemed appropriate; and
   32         2. The elderly person or disabled adult either:
   33         a. Testifies; or
   34         b. is unavailable as a witness, provided that there is
   35  corroborative evidence of the abuse or offense. Unavailability
   36  shall include a finding by the court that the elderly person’s
   37  or disabled adult’s participation in the trial or proceeding
   38  would result in a substantial likelihood of severe emotional,
   39  mental, or physical harm, in addition to findings pursuant to s.
   40  90.804(1).
   41         Section 2. Subsections (6) and (7) of section 817.568,
   42  Florida Statutes, are amended to read:
   43         817.568 Criminal use of personal identification
   44  information.—
   45         (6) Any person who willfully and without authorization
   46  fraudulently uses personal identification information concerning
   47  an individual who is younger less than 18 years of age or 60
   48  years of age or older without first obtaining the consent of
   49  that individual or of his or her legal guardian commits a felony
   50  of the second degree, punishable as provided in s. 775.082, s.
   51  775.083, or s. 775.084.
   52         (7) Any person who is in the relationship of parent or
   53  legal guardian, or who otherwise exercises custodial authority
   54  over an individual who is younger less than 18 years of age or
   55  60 years of age or older, who willfully and fraudulently uses
   56  personal identification information of that individual commits a
   57  felony of the second degree, punishable as provided in s.
   58  775.082, s. 775.083, or s. 775.084.
   59         Section 3. Subsections (2), (3), and (8) of section
   60  825.101, Florida Statutes, are amended to read:
   61         825.101 Definitions.—As used in this chapter:
   62         (2) “Caregiver” means a person who has been entrusted with
   63  or has assumed responsibility for the care or the property of an
   64  elderly person or disabled adult. “Caregiver” includes, but is
   65  not limited to, relatives, court-appointed or voluntary
   66  guardians, adult household members, neighbors, health care
   67  providers, and employees and volunteers of facilities as defined
   68  in subsection (6) (7).
   69         (3) “Deception” means:
   70         (a) Misrepresenting or concealing a material fact relating
   71  to:
   72         1. Services rendered, disposition of property, or use of
   73  property, when such services or property are intended to benefit
   74  an elderly person or disabled adult;
   75         2. Terms of a contract or agreement entered into with an
   76  elderly person or disabled adult; or
   77         3. An existing or preexisting condition of any property
   78  involved in a contract or agreement entered into with an elderly
   79  person or disabled adult; or
   80         (b) Using any misrepresentation, false pretense, or false
   81  promise in order to induce, encourage, or solicit an elderly
   82  person or disabled adult to enter into a contract or agreement.
   83         (8) “Intimidation” means the communication by word or act
   84  to an elderly person or disabled adult that the elderly person
   85  or disabled adult will be deprived of food, nutrition, clothing,
   86  shelter, supervision, medicine, medical services, money, or
   87  financial support or will suffer physical violence.
   88         Section 4. Section 825.103, Florida Statutes, is amended to
   89  read:
   90         825.103 Exploitation of an elderly person or disabled
   91  adult; penalties.—
   92         (1) “Exploitation of an elderly person or disabled adult”
   93  means:
   94         (a) Knowingly, by deception or intimidation, obtaining or
   95  using, or endeavoring to obtain or use, an elderly person’s or
   96  disabled adult’s funds, assets, or property with the intent to
   97  temporarily or permanently deprive the elderly person or
   98  disabled adult of the use, benefit, or possession of the funds,
   99  assets, or property, or to benefit someone other than the
  100  elderly person or disabled adult, by a person who:
  101         1. Stands in a position of trust and confidence with the
  102  elderly person or disabled adult; or
  103         2. Has a business relationship with the elderly person or
  104  disabled adult;
  105         (b) Obtaining or using, endeavoring to obtain or use, or
  106  conspiring with another to obtain or use an elderly person’s or
  107  disabled adult’s funds, assets, or property with the intent to
  108  temporarily or permanently deprive the elderly person or
  109  disabled adult of the use, benefit, or possession of the funds,
  110  assets, or property, or to benefit someone other than the
  111  elderly person or disabled adult, by a person who knows or
  112  reasonably should know that the elderly person or disabled adult
  113  lacks the capacity to consent; or
  114         (c) Breach of a fiduciary duty to an elderly person or
  115  disabled adult by the person’s guardian or agent under a power
  116  of attorney which results in an unauthorized appropriation,
  117  sale, or transfer of property. An unauthorized appropriation
  118  under this paragraph occurs when the elderly person or disabled
  119  adult does not receive the reasonably equivalent financial value
  120  in goods or services, or when the fiduciary violates any of
  121  these duties:
  122         1. For agents appointed under chapter 709:
  123         a. Committing fraud in obtaining their appointments;
  124         b. Abusing their powers;
  125         c. Wasting, embezzling, or intentionally mismanaging the
  126  assets of the ward or beneficiary of the trust; or
  127         d. Acting contrary to the principal’s sole benefit or best
  128  interest.
  129         2. For guardians and trustees appointed under chapter 736
  130  or chapter 744:
  131         a. Committing fraud in obtaining their appointments;
  132         b. Abusing their powers; or
  133         c. Wasting, embezzling, or intentionally mismanaging the
  134  assets of the ward or beneficiary of the trust.
  135         (d) Misappropriating, misusing, or transferring without
  136  authorization money belonging to an elderly person or disabled
  137  adult from an account in which the elderly person or disabled
  138  adult placed the funds, owned the funds, and was the sole
  139  contributor or payee of the funds before the misappropriation,
  140  misuse, or unauthorized transfer. This paragraph only applies to
  141  the following types of accounts:
  142         1. Personal accounts;
  143         2. Joint accounts created with the intent that only the
  144  elderly person or disabled adult enjoys all rights, interests,
  145  and claims to moneys deposited into such account; or
  146         3. Convenience accounts created in accordance with s.
  147  655.80.
  148         (e) Intentionally or negligently failing to effectively use
  149  an elderly person’s or disabled adult’s income and assets for
  150  the necessities required for that person’s support and
  151  maintenance, by a caregiver or a person who stands in a position
  152  of trust and confidence with the elderly person or disabled
  153  adult.
  154         (2) Any inter vivos transfer of money or property valued in
  155  excess of $10,000 at the time of the transfer, whether in a
  156  single transaction or multiple transactions, by a person age 65
  157  or older to a nonrelative whom the transferor knew for fewer
  158  than 2 years before the first transfer and for which the
  159  transferor did not receive the reasonably equivalent financial
  160  value in goods or services creates a permissive presumption that
  161  the transfer was the result of exploitation.
  162         (a) This subsection applies regardless of whether the
  163  transfer or transfers are denoted by the parties as a gift or
  164  loan, except that it does not apply to a valid loan evidenced in
  165  writing that includes definite repayment dates. However, if
  166  repayment of any such loan is in default, in whole or in part,
  167  for more than 65 days, the presumption of this subsection
  168  applies.
  169         (b) This subsection does not apply to:
  170         1. Persons who are in the business of making loans.
  171         2. Bona fide charitable donations to nonprofit
  172  organizations that qualify for tax exempt status under the
  173  Internal Revenue Code.
  174         (c) In a criminal case to which this subsection applies, if
  175  the trial is by jury, jurors shall be instructed that they may,
  176  but are not required to, draw an inference of exploitation upon
  177  proof beyond a reasonable doubt of the facts listed in this
  178  subsection. The presumption of this subsection imposes no burden
  179  of proof on the defendant.
  180         (3)(2)(a) If the funds, assets, or property involved in the
  181  exploitation of the elderly person or disabled adult is valued
  182  at $50,000 $100,000 or more, the offender commits a felony of
  183  the first degree, punishable as provided in s. 775.082, s.
  184  775.083, or s. 775.084.
  185         (b) If the funds, assets, or property involved in the
  186  exploitation of the elderly person or disabled adult is valued
  187  at $10,000 $20,000 or more, but less than $50,000 $100,000, the
  188  offender commits a felony of the second degree, punishable as
  189  provided in s. 775.082, s. 775.083, or s. 775.084.
  190         (c) If the funds, assets, or property involved in the
  191  exploitation of an elderly person or disabled adult is valued at
  192  less than $10,000 $20,000, the offender commits a felony of the
  193  third degree, punishable as provided in s. 775.082, s. 775.083,
  194  or s. 775.084.
  195         (4) If a person is charged with financial exploitation of
  196  an elderly person or disabled adult that involves the taking of
  197  or loss of property valued at more than $5,000 and property
  198  belonging to a victim is seized from the defendant pursuant to a
  199  search warrant, the court shall hold an evidentiary hearing and
  200  determine, by a preponderance of the evidence, whether the
  201  defendant unlawfully obtained the victim’s property. If the
  202  court finds that the property was unlawfully obtained, the court
  203  may order it returned to the victim for restitution purposes
  204  before trial on the charge. This determination is inadmissible
  205  in evidence at trial on the charge and does not give rise to any
  206  inference that the defendant has committed an offense under this
  207  section.
  208         Section 5. Paragraph (a) of subsection (5) of section
  209  775.0844, Florida Statutes, is amended to read:
  210         775.0844 White Collar Crime Victim Protection Act.—
  211         (5) Any person who commits an aggravated white collar crime
  212  as defined in this section and in so doing either:
  213         (a) Victimizes 10 or more elderly persons, as defined in s.
  214  825.101(5);
  215  
  216  and thereby obtains or attempts to obtain $50,000 or more,
  217  commits a felony of the first degree, punishable as provided in
  218  s. 775.082, s. 775.083, or s. 775.084.
  219         Section 6. Paragraphs (f), (g), and (h) of subsection (3)
  220  of section 921.0022, Florida Statutes, are amended to read:
  221         921.0022 Criminal Punishment Code; offense severity ranking
  222  chart.—
  223         (3) OFFENSE SEVERITY RANKING CHART
  224         (f) LEVEL 6
  225  
  226  FloridaStatute    FelonyDegree           Description            
  227  316.193(2)(b)        3rd   Felony DUI, 4th or subsequent conviction.
  228  499.0051(3)          2nd   Knowing forgery of pedigree papers.
  229  499.0051(4)          2nd   Knowing purchase or receipt of prescription drug from unauthorized person.
  230  499.0051(5)          2nd   Knowing sale or transfer of prescription drug to unauthorized person.
  231  775.0875(1)          3rd   Taking firearm from law enforcement officer.
  232  784.021(1)(a)        3rd   Aggravated assault; deadly weapon without intent to kill.
  233  784.021(1)(b)        3rd   Aggravated assault; intent to commit felony.
  234  784.041              3rd   Felony battery; domestic battery by strangulation.
  235  784.048(3)           3rd   Aggravated stalking; credible threat.
  236  784.048(5)           3rd   Aggravated stalking of person under 16.
  237  784.07(2)(c)         2nd   Aggravated assault on law enforcement officer.
  238  784.074(1)(b)        2nd   Aggravated assault on sexually violent predators facility staff.
  239  784.08(2)(b)         2nd   Aggravated assault on a person 65 years of age or older.
  240  784.081(2)           2nd   Aggravated assault on specified official or employee.
  241  784.082(2)           2nd   Aggravated assault by detained person on visitor or other detainee.
  242  784.083(2)           2nd   Aggravated assault on code inspector.
  243  787.02(2)            3rd   False imprisonment; restraining with purpose other than those in s. 787.01.
  244  790.115(2)(d)        2nd   Discharging firearm or weapon on school property.
  245  790.161(2)           2nd   Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  246  790.164(1)           2nd   False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
  247  790.19               2nd   Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  248  794.011(8)(a)        3rd   Solicitation of minor to participate in sexual activity by custodial adult.
  249  794.05(1)            2nd   Unlawful sexual activity with specified minor.
  250  800.04(5)(d)         3rd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
  251  800.04(6)(b)         2nd   Lewd or lascivious conduct; offender 18 years of age or older.
  252  806.031(2)           2nd   Arson resulting in great bodily harm to firefighter or any other person.
  253  810.02(3)(c)         2nd   Burglary of occupied structure; unarmed; no assault or battery.
  254  810.145(8)(b)        2nd   Video voyeurism; certain minor victims; 2nd or subsequent offense.
  255  812.014(2)(b)1.      2nd   Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  256  812.014(6)           2nd   Theft; property stolen $3,000 or more; coordination of others.
  257  812.015(9)(a)        2nd   Retail theft; property stolen $300 or more; second or subsequent conviction.
  258  812.015(9)(b)        2nd   Retail theft; property stolen $3,000 or more; coordination of others.
  259  812.13(2)(c)         2nd   Robbery, no firearm or other weapon (strong-arm robbery).
  260  817.4821(5)          2nd   Possess cloning paraphernalia with intent to create cloned cellular telephones.
  261  825.102(1)           3rd   Abuse of an elderly person or disabled adult.
  262  825.102(3)(c)        3rd   Neglect of an elderly person or disabled adult.
  263  825.1025(3)          3rd   Lewd or lascivious molestation of an elderly person or disabled adult.
  264  825.103(3)(c) 825.103(2)(c)   3rd   Exploiting an elderly person or disabled adult and property is valued at less than $10,000 $20,000.
  265  827.03(2)(c)         3rd   Abuse of a child.                 
  266  827.03(2)(d)         3rd   Neglect of a child.               
  267  827.071(2) & (3)     2nd   Use or induce a child in a sexual performance, or promote or direct such performance.
  268  836.05               2nd   Threats; extortion.               
  269  836.10               2nd   Written threats to kill or do bodily injury.
  270  843.12               3rd   Aids or assists person to escape. 
  271  847.011              3rd   Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  272  847.012              3rd   Knowingly using a minor in the production of materials harmful to minors.
  273  847.0135(2)          3rd   Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  274  914.23               2nd   Retaliation against a witness, victim, or informant, with bodily injury.
  275  944.35(3)(a)2.       3rd   Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
  276  944.40               2nd   Escapes.                          
  277  944.46               3rd   Harboring, concealing, aiding escaped prisoners.
  278  944.47(1)(a)5.       2nd   Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  279  951.22(1)            3rd   Intoxicating drug, firearm, or weapon introduced into county facility.
  280         (g) LEVEL 7
  281  
  282  
  283  FloridaStatute    FelonyDegree           Description            
  284  316.027(1)(b)        1st   Accident involving death, failure to stop; leaving scene.
  285  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
  286  316.1935(3)(b)       1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
  287  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
  288  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
  289  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
  290  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
  291  456.065(2)           3rd   Practicing a health care profession without a license.
  292  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
  293  458.327(1)           3rd   Practicing medicine without a license.
  294  459.013(1)           3rd   Practicing osteopathic medicine without a license.
  295  460.411(1)           3rd   Practicing chiropractic medicine without a license.
  296  461.012(1)           3rd   Practicing podiatric medicine without a license.
  297  462.17               3rd   Practicing naturopathy without a license.
  298  463.015(1)           3rd   Practicing optometry without a license.
  299  464.016(1)           3rd   Practicing nursing without a license.
  300  465.015(2)           3rd   Practicing pharmacy without a license.
  301  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
  302  467.201              3rd   Practicing midwifery without a license.
  303  468.366              3rd   Delivering respiratory care services without a license.
  304  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
  305  483.901(9)           3rd   Practicing medical physics without a license.
  306  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
  307  484.053              3rd   Dispensing hearing aids without a license.
  308  494.0018(2)          1st   Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
  309  560.123(8)(b)1.      3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
  310  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
  311  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
  312  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
  313  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
  314  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
  315  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
  316  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
  317  782.071              2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
  318  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
  319  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
  320  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
  321  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
  322  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
  323  784.048(7)           3rd   Aggravated stalking; violation of court order.
  324  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
  325  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
  326  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
  327  784.081(1)           1st   Aggravated battery on specified official or employee.
  328  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
  329  784.083(1)           1st   Aggravated battery on code inspector.
  330  787.06(3)(a)         1st   Human trafficking using coercion for labor and services.
  331  787.06(3)(e)         1st   Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
  332  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
  333  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
  334  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
  335  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
  336  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
  337  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
  338  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
  339  794.08(4)            3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
  340  796.03               2nd   Procuring any person under 16 years for prostitution.
  341  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
  342  800.04(5)(c)2.       2nd   Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
  343  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
  344  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
  345  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
  346  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
  347  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
  348  812.014(2)(a)1.      1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
  349  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
  350  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
  351  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
  352  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
  353  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
  354  812.131(2)(a)        2nd   Robbery by sudden snatching.      
  355  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
  356  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
  357  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
  358  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
  359  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
  360  817.2341 (2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
  361  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
  362  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
  363  825.103(3)(b) 825.103(2)(b)   2nd   Exploiting an elderly person or disabled adult and property is valued at $10,000 $20,000 or more, but less than $50,000 $100,000.
  364  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
  365  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
  366  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
  367  838.015              2nd   Bribery.                          
  368  838.016              2nd   Unlawful compensation or reward for official behavior.
  369  838.021(3)(a)        2nd   Unlawful harm to a public servant.
  370  838.22               2nd   Bid tampering.                    
  371  843.0855(2)          3rd   Impersonation of a public officer or employee.
  372  843.0855(3)          3rd   Unlawful simulation of legal process.
  373  843.0855(4)          3rd   Intimidation of a public officer or employee.
  374  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
  375  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
  376  872.06               2nd   Abuse of a dead human body.       
  377  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
  378  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
  379  893.13(1)(c)1.       1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
  380  893.13(1)(e)1.       1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
  381  893.13(4)(a)         1st   Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
  382  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
  383  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
  384  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
  385  893.135(1)(d)1.      1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
  386  893.135(1)(e)1.      1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
  387  893.135(1)(f)1.      1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
  388  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
  389  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
  390  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
  391  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
  392  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
  393  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
  394  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
  395  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
  396  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
  397  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
  398  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  399  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  400  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
  401  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  402  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  403  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  404  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
  405  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
  406  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
  407         (h) LEVEL 8
  408  
  409  
  410  FloridaStatute    FelonyDegree           Description            
  411  316.193 (3)(c)3.a.   2nd   DUI manslaughter.                 
  412  316.1935(4)(b)       1st   Aggravated fleeing or attempted eluding with serious bodily injury or death.
  413  327.35(3)(c)3.       2nd   Vessel BUI manslaughter.          
  414  499.0051(7)          1st   Knowing trafficking in contraband prescription drugs.
  415  499.0051(8)          1st   Knowing forgery of prescription labels or prescription drug labels.
  416  560.123(8)(b)2.      2nd   Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
  417  560.125(5)(b)        2nd   Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
  418  655.50(10)(b)2.      2nd   Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
  419  777.03(2)(a)         1st   Accessory after the fact, capital felony.
  420  782.04(4)            2nd   Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
  421  782.051(2)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
  422  782.071(1)(b)        1st   Committing vehicular homicide and failing to render aid or give information.
  423  782.072(2)           1st   Committing vessel homicide and failing to render aid or give information.
  424  787.06(3)(b)         1st   Human trafficking using coercion for commercial sexual activity.
  425  787.06(3)(c)         1st   Human trafficking using coercion for labor and services of an unauthorized alien.
  426  787.06(3)(f)         1st   Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
  427  790.161(3)           1st   Discharging a destructive device which results in bodily harm or property damage.
  428  794.011(5)           2nd   Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
  429  794.08(3)            2nd   Female genital mutilation, removal of a victim younger than 18 years of age from this state.
  430  800.04(4)            2nd   Lewd or lascivious battery.       
  431  806.01(1)            1st   Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
  432  810.02(2)(a)       1st,PBL Burglary with assault or battery. 
  433  810.02(2)(b)       1st,PBL Burglary; armed with explosives or dangerous weapon.
  434  810.02(2)(c)         1st   Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
  435  812.014(2)(a)2.      1st   Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
  436  812.13(2)(b)         1st   Robbery with a weapon.            
  437  812.135(2)(c)        1st   Home-invasion robbery, no firearm, deadly weapon, or other weapon.
  438  817.535(2)(b)        2nd   Filing false lien or other unauthorized document; second or subsequent offense.
  439  817.535(3)(a)        2nd   Filing false lien or other unauthorized document; property owner is a public officer or employee.
  440  817.535(4)(a)1.      2nd   Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
  441  817.535(5)(a)        2nd   Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
  442  817.568(6)           2nd   Fraudulent use of personal identification information of an individual under the age of 18.
  443  825.102(2)           1st   Aggravated abuse of an elderly person or disabled adult.
  444  825.1025(2)          2nd   Lewd or lascivious battery upon an elderly person or disabled adult.
  445  825.103(3)(a) 825.103(2)(a)   1st   Exploiting an elderly person or disabled adult and property is valued at $50,000 $100,000 or more.
  446  837.02(2)            2nd   Perjury in official proceedings relating to prosecution of a capital felony.
  447  837.021(2)           2nd   Making contradictory statements in official proceedings relating to prosecution of a capital felony.
  448  860.121(2)(c)        1st   Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
  449  860.16               1st   Aircraft piracy.                  
  450  893.13(1)(b)         1st   Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  451  893.13(2)(b)         1st   Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  452  893.13(6)(c)         1st   Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
  453  893.135(1)(a)2.      1st   Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
  454  893.135 (1)(b)1.b.   1st   Trafficking in cocaine, more than 200 grams, less than 400 grams.
  455  893.135 (1)(c)1.b.   1st   Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
  456  893.135 (1)(d)1.b.   1st   Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
  457  893.135 (1)(e)1.b.   1st   Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
  458  893.135 (1)(f)1.b.   1st   Trafficking in amphetamine, more than 28 grams, less than 200 grams.
  459  893.135 (1)(g)1.b.   1st   Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
  460  893.135 (1)(h)1.b.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
  461  893.135 (1)(j)1.b.   1st   Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
  462  893.135 (1)(k)2.b.   1st   Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
  463  893.1351(3)          1st   Possession of a place used to manufacture controlled substance when minor is present or resides there.
  464  895.03(1)            1st   Use or invest proceeds derived from pattern of racketeering activity.
  465  895.03(2)            1st   Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
  466  895.03(3)            1st   Conduct or participate in any enterprise through pattern of racketeering activity.
  467  896.101(5)(b)        2nd   Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
  468  896.104(4)(a)2.      2nd   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
  469         Section 7. For the purpose of incorporating the amendment
  470  made by this act to section 825.103, Florida Statutes, in a
  471  reference thereto, subsection (1) of section 772.11, Florida
  472  Statutes, is reenacted to read:
  473         772.11 Civil remedy for theft or exploitation.—
  474         (1) Any person who proves by clear and convincing evidence
  475  that he or she has been injured in any fashion by reason of any
  476  violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of
  477  action for threefold the actual damages sustained and, in any
  478  such action, is entitled to minimum damages in the amount of
  479  $200, and reasonable attorney’s fees and court costs in the
  480  trial and appellate courts. Before filing an action for damages
  481  under this section, the person claiming injury must make a
  482  written demand for $200 or the treble damage amount of the
  483  person liable for damages under this section. If the person to
  484  whom a written demand is made complies with such demand within
  485  30 days after receipt of the demand, that person shall be given
  486  a written release from further civil liability for the specific
  487  act of theft or exploitation by the person making the written
  488  demand. Any person who has a cause of action under this section
  489  may recover the damages allowed under this section from the
  490  parents or legal guardian of any unemancipated minor who lives
  491  with his or her parents or legal guardian and who is liable for
  492  damages under this section. Punitive damages may not be awarded
  493  under this section. The defendant is entitled to recover
  494  reasonable attorney’s fees and court costs in the trial and
  495  appellate courts upon a finding that the claimant raised a claim
  496  that was without substantial fact or legal support. In awarding
  497  attorney’s fees and costs under this section, the court may not
  498  consider the ability of the opposing party to pay such fees and
  499  costs. This section does not limit any right to recover
  500  attorney’s fees or costs provided under any other law.
  501  Section 8. This act shall take effect October 1, 2014.
  502  
  503  ================= T I T L E  A M E N D M E N T ================
  504  And the title is amended as follows:
  505         Delete everything before the enacting clause
  506  and insert:
  507                        A bill to be entitled                      
  508         An act relating to offenses against vulnerable
  509         persons; amending s. 90.803, F.S.; revising when an
  510         out-of-court statement by an elderly person or
  511         disabled adult is admissible in certain proceedings;
  512         amending s. 817.568, F.S.; expanding applicability of
  513         prohibition on the fraudulent use of personal
  514         identification information of specified victims
  515         without consent to include persons 60 years of age or
  516         older; amending s. 825.101, F.S.; revising and
  517         deleting definitions; amending s. 825.103, F.S.;
  518         deleting a requirement that property of an elderly
  519         person or disabled adult be obtained by deception or
  520         intimidation in order to constitute exploitation of
  521         such a person; specifying additional circumstances
  522         that constitute a breach of a fiduciary duty and
  523         specifying when an unauthorized appropriation occurs;
  524         creating a presumption that certain inter vivos
  525         transfers are a result of exploitation; providing
  526         exceptions; providing for jury instructions concerning
  527         the presumption; revising the valuation of funds,
  528         assets, or property involved for various degrees of
  529         offenses of exploitation of an elderly person or
  530         disabled adult; providing for return of property
  531         seized from a defendant to the victim before trial in
  532         certain circumstances; amending ss. 775.0844 and
  533         921.0022, F.S.; conforming provisions to changes made
  534         by the act; reenacting s. 772.11(1), F.S., relating to
  535         a civil remedy for theft or exploitation, to
  536         incorporate the amendments made by the act to s.
  537         825.103, F.S., in a reference thereto; providing an
  538         effective date.