Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1344
       
       
       
       
       
       
                                Ì693350ÆÎ693350                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2021           .                                
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       The Committee on Appropriations (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 102 - 223
    4  and insert:
    5         (b) Has been convicted in any state or foreign jurisdiction
    6  of abuse, neglect, or exploitation of an elderly person or a
    7  disabled adult, as those terms are defined in s. 825.101.
    8         (c)(b) Is mentally or physically unable to perform the
    9  duties.
   10         (d)(c) Is under the age of 18 years.
   11         Section 3. Section 732.8031, Florida Statutes, is created
   12  to read:
   13         732.8031 Forfeiture for abuse, neglect, exploitation, or
   14  aggravated manslaughter of an elderly person or a disabled
   15  adult.—
   16         (1) A surviving person who is convicted in any state or
   17  foreign jurisdiction of abuse, neglect, exploitation, or
   18  aggravated manslaughter of an elderly person or a disabled
   19  adult, as those terms are defined in s. 825.101, for conduct
   20  against the decedent or another person on whose death such
   21  beneficiary’s interest depends is not entitled to any benefits
   22  under the will of the decedent or the Florida Probate Code, and
   23  the estate of the decedent passes as if the abuser, neglector,
   24  exploiter, or killer had predeceased the decedent. Property
   25  appointed by the will of the decedent to or for the benefit of
   26  the abuser, neglector, exploiter, or killer passes as if the
   27  abuser, neglector, exploiter, or killer had predeceased the
   28  decedent.
   29         (a) A final judgment of conviction for abuse, neglect,
   30  exploitation, or aggravated manslaughter of the decedent or
   31  other person creates a rebuttable presumption that this section
   32  applies.
   33         (b) In the absence of a qualifying conviction, the court
   34  may determine by the greater weight of the evidence whether the
   35  decedent’s or other person’s death was caused by or contributed
   36  to by the abuser’s, neglector’s, exploiter’s, or killer’s
   37  conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
   38  for purposes of this section.
   39         (2) A joint tenant who is convicted in any state or foreign
   40  jurisdiction of abuse, neglect, exploitation, or aggravated
   41  manslaughter of an elderly person or a disabled adult, as those
   42  terms are defined in s. 825.101, for conduct against another
   43  joint tenant decedent thereby effects a severance of the
   44  interest of the decedent so that the share of the decedent
   45  passes as the decedent’s sole property and as if the abuser,
   46  neglector, exploiter, or killer has no rights by survivorship.
   47  This subsection applies to joint tenancies with right of
   48  survivorship and tenancies by the entirety in real and personal
   49  property; joint and multiple-party accounts in banks, savings
   50  and loan associations, credit unions, and other financial
   51  institutions; and any other form of coownership with
   52  survivorship interests.
   53         (a) A final judgment of conviction for abuse, neglect,
   54  exploitation, or aggravated manslaughter of the decedent or
   55  other person creates a rebuttable presumption that this section
   56  applies.
   57         (b) In the absence of a qualifying conviction, the court
   58  may determine by the greater weight of the evidence whether the
   59  decedent’s or other person’s death was caused by or contributed
   60  to by the abuser’s, neglector’s, exploiter’s, or killer’s
   61  conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
   62  for purposes of this section.
   63         (3) A named beneficiary of a bond, life insurance policy,
   64  or other contractual arrangement who is convicted in any state
   65  or foreign jurisdiction of abuse, neglect, exploitation, or
   66  aggravated manslaughter of an elderly person or a disabled
   67  adult, as those terms are defined in s. 825.101, for conduct
   68  against the owner or principal obligee of the bond, life
   69  insurance policy, or other contractual arrangement or the person
   70  upon whose life such policy was issued is not entitled to any
   71  benefit under the bond, policy, or other contractual
   72  arrangement, and the bond, policy, or other contractual
   73  arrangement becomes payable as though the abuser, neglector,
   74  exploiter, or killer had predeceased the decedent.
   75         (a) A final judgment of conviction for abuse, neglect,
   76  exploitation, or aggravated manslaughter of the decedent or
   77  other person creates a rebuttable presumption that this section
   78  applies.
   79         (b) In the absence of a qualifying conviction, the court
   80  may determine by the greater weight of the evidence whether the
   81  decedent’s or other person’s death was caused by or contributed
   82  to by the abuser’s, neglector’s, exploiter’s, or killer’s
   83  conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
   84  for purposes of this section.
   85         (4)Any other property or interest acquired as a result of
   86  the abuse, neglect, exploitation, or manslaughter must be
   87  returned in accordance with this section.
   88         (5)(a)This section does not affect the rights of any
   89  person who purchases property for value and without notice from
   90  the abuser, neglector, exploiter, or killer before rights have
   91  been adjudicated in accordance with this section.
   92         (b)The abuser, neglector, exploiter, or killer is liable
   93  for the amount of the proceeds or the value of the property
   94  under paragraph (a).
   95         (6)Any insurance company, financial institution, or other
   96  obligor making payment according to the terms of its policy or
   97  obligation is not liable by reason of this section unless more
   98  than 2 business days before payment it receives at its home
   99  office or principal address written notice, or in the case of a
  100  financial institution it receives notice in accordance with s.
  101  655.0201, of a claim under this section.
  102         (7)This section does not apply if it can be proven by
  103  clear and convincing evidence that, after the conviction of
  104  abuse, neglect, or exploitation, the victim of the offense, if
  105  capacitated, ratifies an intent that the person so convicted of
  106  abuse, neglect, or exploitation retain his or her inheritance,
  107  survivorship rights, or any other right that might otherwise be
  108  removed by this section by executing a valid written instrument,
  109  sworn to and witnessed by two persons who would be competent as
  110  witnesses to a will, which expresses a specific intent to allow
  111  the convicted person to retain his or her inheritance,
  112  survivorship rights, or any other right that might otherwise be
  113  removed by this section.
  114         Section 4. Subsection (3) is added to section 736.1104,
  115  Florida Statutes, to read:
  116         736.1104 Person Killer not entitled to receive property or
  117  other benefits by reason of victim’s death.—
  118         (3)A beneficiary of a trust who was convicted in any state
  119  or foreign jurisdiction of abuse, neglect, exploitation, or
  120  aggravated manslaughter of an elderly person or a disabled
  121  adult, as those terms are defined in s. 825.101, for conduct
  122  against a settlor or another person on whose death such
  123  beneficiary’s interest depends is not entitled to any trust
  124  interest, including a homestead dependent on the victim’s death,
  125  and such interest shall devolve as though the abuser, neglector,
  126  exploiter, or killer had predeceased the victim.
  127         (a)A final judgment of conviction for abuse, neglect,
  128  exploitation, or aggravated manslaughter of the decedent or
  129  other person creates a rebuttable presumption that this section
  130  applies.
  131         (b)In the absence of a qualifying conviction, the court
  132  may determine by the greater weight of the evidence whether the
  133  decedent’s or other person’s death was caused by or contributed
  134  to by the abuser’s, neglector’s, exploiter’s, or killer’s
  135  conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
  136  for purposes of this section.
  137         (c)This subsection does not apply if it can be proven by
  138  clear and convincing evidence that, after the conviction of
  139  abuse, neglect, or exploitation, the victim of the offense, if
  140  capacitated, ratifies an intent that the person so convicted of
  141  abuse, neglect, or exploitation retain a trust interest by
  142  executing a valid written instrument, sworn to and witnessed by
  143  two persons who would be competent as witnesses to a will, which
  144  expresses a specific intent to allow the convicted person to
  145  retain a trust interest.
  146  
  147  ================= T I T L E  A M E N D M E N T ================
  148  And the title is amended as follows:
  149         Delete line 16
  150  and insert:
  151         retain an inheritance, survivorship rights, or any
  152         other rights if the