Florida Senate - 2016 SB 1296 By Senator Thompson 12-00214B-16 20161296__ 1 A bill to be entitled 2 An act relating to the abuse of a parent; creating s. 3 784.09, F.S.; defining the terms “child” and “parent” 4 for purposes of the crimes of abuse of a parent, 5 aggravated abuse of a parent, exploitation of a 6 parent’s assets, and emotional abuse of a parent; 7 providing the elements of such crimes; providing 8 criminal penalties; authorizing alternative sentencing 9 under certain circumstances; requiring the reporting 10 of the abuse of a parent or exploitation of a parent’s 11 assets to the central abuse hotline of the Department 12 of Children and Families; providing immunity from 13 prosecution for a person who files, or participates in 14 an investigation resulting from, such a report; 15 providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 784.09, Florida Statutes, is created to 20 read: 21 784.09 Abuse and exploitation of a parent.— 22 (1) As used in this section, the term: 23 (a) “Child” means an unmarried person younger than 18 years 24 of age who has not been emancipated by order of a court. 25 (b) “Parent” means a child’s legal parent. 26 (2) A child commits abuse of his or her parent if he or 27 she: 28 (a) Inflicts physical injury or threatens to inflict great 29 bodily harm upon the parent; 30 (b) Commits an act that could reasonably be expected to 31 result in physical injury to the parent; or 32 (c) Actively encourages the commission of an act that 33 results in, or could reasonably be expected to result in, 34 physical injury to the parent. 35 (3) A child commits aggravated abuse of his or her parent 36 if he or she: 37 (a) Commits aggravated battery pursuant to s. 784.045 or 38 aggravated assault pursuant to s. 784.021 of the parent; 39 (b) Falsely imprisons the parent pursuant to s. 787.02; or 40 (c) Causes great bodily harm to, permanent disability of, 41 or permanent disfigurement of the parent. 42 (4) A child commits exploitation of his or her parent’s 43 assets if he or she: 44 (a) Willfully damages or steals the parent’s physical 45 property; or 46 (b) Engages in activities outside the home that financially 47 intimidate or harm the parent, including, but not limited to, 48 theft, the incurring of fines or other costs for which the 49 parent is financially liable, or making purchases, charges, or 50 financial commitments in the parent’s name. 51 (5) A child commits emotional abuse of his or her parent if 52 he or she: 53 (a) Induces the parent to take an action under threat; 54 (b) Falsely reports child abuse; or 55 (c) Engages in repeated conduct that results in, or could 56 be reasonably expected to result in, the infliction of physical 57 injury, including repeated threats of great bodily harm or 58 death. 59 (6) A child who violates: 60 (a) Subsection (2) for abuse of his or her parent commits a 61 misdemeanor of the second degree, punishable as provided in s. 62 775.082 or s. 775.083. 63 (b) Paragraph (3)(a) for aggravated battery of his or her 64 parent commits a felony of the second degree, punishable as 65 provided in s. 775.082, s. 775.083, or s. 775.084. 66 (c) Paragraph (3)(a) for aggravated assault of his or her 67 parent commits a felony of the third degree, punishable as 68 provided in s. 775.082, s. 775.083, or s. 775.084. 69 (d) Paragraph (3)(b) for false imprisonment of his or her 70 parent commits a felony of the third degree, punishable as 71 provided in s. 787.02. 72 (e) Paragraph (3)(c) for great bodily harm to, permanent 73 disability of, or permanent disfigurement of his or her parent 74 commits a felony of the first degree, punishable as provided in 75 s. 775.082, s. 775.083, or s. 775.084. 76 (f) Subsection (4) for exploitation of his or her parent’s 77 assets commits a: 78 1. Misdemeanor of the second degree, punishable as provided 79 in s. 775.082 or s. 775.083, if the value is less than $500. 80 2. Misdemeanor of the first degree, punishable as provided 81 in s. 775.082 or s. 775.083, if the value is $500 or more but 82 less than $5,000. 83 3. Felony of the third degree, punishable as provided in s. 84 775.082, s. 775.083, or s. 775.084, if the value is $5,000 or 85 more but less than $10,000. 86 4. Felony of the second degree, punishable as provided in 87 s. 775.082, s. 775.083, or s. 775.084, if the value is $10,000 88 or more but less than $50,000. 89 5. Felony of the first degree, punishable as provided in s. 90 775.082, s. 775.083, or s. 775.084, if the value is $50,000 or 91 more. 92 (g) Subsection (5) for emotional abuse of his or her parent 93 commits a misdemeanor of the second degree, punishable as 94 provided in s. 775.082 or s. 775.083. 95 (7) If a child is convicted of aggravated abuse of his or 96 her parent under subsection (3) or exploitation of his or her 97 parent’s assets under subsection (4), upon request of the state 98 attorney or defense attorney, the court may reduce a felony 99 charge to a misdemeanor and provide alternative sentencing. Such 100 alternative sentencing may include, but is not limited to, 101 probation or required attendance in specialized intervention 102 programs. 103 (8) A person who knows, or has reasonable cause to suspect, 104 that a parent is being abused or that a parent’s assets are 105 being exploited by his or her child shall report such knowledge 106 or suspicion to the central abuse hotline of the Department of 107 Children and Families. A person who files a report in good faith 108 or participates in an investigation resulting from a report is 109 immune from prosecution for such reporting or participation. 110 Section 2. This act shall take effect October 1, 2016.