HOUSE AMENDMENT Bill No. HB 1287 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Barreiro offered the following:
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14	Amendment (with title amendment)
15	Remove lines 52-329, and insert:
16	(b) If the funds, assets, or property involved in the
17	theft from a person 65 years of age or older is valued at
18	$10,000 or more, but less than $50,000, the offender commits a
19	felony of the second degree, punishable as provided in s.
20	775.082, s. 775.083, or s. 775.084. Notwithstanding any other
21	provision of law, a person who is convicted of the offense
22	prohibited by this paragraph shall be sentenced to a minimum
23	term of imprisonment of 3 years.
24	(c) If the funds, assets, or property involved in the
25	theft from a person 65 years of age or older is valued at $300
26	or more, but less than $10,000, the offender commits a felony of
27	the third degree, punishable as provided in s. 775.082, s.
28	775.083, or s. 775.084.
29	Section 3. Section 825.103, Florida Statutes, is amended
30	to read:
31	825.103 Exploitation of an elderly person or disabled
32	adult; penalties.--
33	(1) "Exploitation of an elderly person or disabled adult"
34	means:
35	(a) Knowingly, by deception or intimidation, obtaining or
36	using, or endeavoring to obtain or use, an elderly person's or
37	disabled adult's funds, assets, or property with the intent to
38	temporarily or permanently deprive the elderly person or
39	disabled adult of the use, benefit, or possession of the funds,
40	assets, or property, or to benefit someone other than the
41	elderly person or disabled adult, by a person who:
42	1. Stands in a position of trust and confidence with the
43	elderly person or disabled adult; or
44	2. Has a business relationship with the elderly person or
45	disabled adult; or
46	(b) Obtaining or using, endeavoring to obtain or use, or
47	conspiring with another to obtain or use an elderly person's or
48	disabled adult's funds, assets, or property with the intent to
49	temporarily or permanently deprive the elderly person or
50	disabled adult of the use, benefit, or possession of the funds,
51	assets, or property, or to benefit someone other than the
52	elderly person or disabled adult, by a person who knows or
53	reasonably should know that the elderly person or disabled adult
54	lacks the capacity to consent.
55	(2)(a) If the funds, assets, or property involved in the
56	exploitation of the elderly person or disabled adult is valued
57	at $100,000 or more, the offender commits a felony of the first
58	degree, punishable as provided in s. 775.082, s. 775.083, or s.
59	775.084. Notwithstanding any other provision of law, a person
60	who is convicted of the offense prohibited by this paragraph
61	shall be sentenced to a minimum term of imprisonment of 5 years.
62	(b) If the funds, assets, or property involved in the
63	exploitation of the elderly person or disabled adult is valued
64	at $10,000$20,000or more, but less than $100,000, the offender
65	commits a felony of the second degree, punishable as provided in
66	s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other
67	provision of law, a person who is convicted of the offense
68	prohibited by this paragraph shall be sentenced to a minimum
69	term of imprisonment of 3 years.
70	(c) If the funds, assets, or property involved in the
71	exploitation of an elderly person or disabled adult is valued at
72	less than $10,000$20,000, the offender commits a felony of the
73	third degree, punishable as provided in s. 775.082, s. 775.083,
74	or s. 775.084.
75	Section 4. Paragraphs (f) and (g) of subsection (3) of
76	section 921.0022, Florida Statutes, are amended to read:
77	921.0022 Criminal Punishment Code; offense severity
78	ranking chart.--
79	(3) OFFENSE SEVERITY RANKING CHART
80	FloridaStatute FelonyDegree Description
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82	(f) LEVEL 6
83	316.027(1)(b) 2nd Accident involving death, failure to stop; leaving scene.
84	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
85	775.0875(1) 3rd Taking firearm from law enforcement officer.
86	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
87	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
88	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
89	784.041 3rd Felony battery.
90	784.048(3) 3rd Aggravated stalking; credible threat.
91	784.048(5) 3rd Aggravated stalking of person under 16.
92	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
93	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
94	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
95	784.081(2) 2nd Aggravated assault on specified official or employee.
96	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
97	784.083(2) 2nd Aggravated assault on code inspector.
98	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
99	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
100	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
101	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
102	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
103	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
104	794.05(1) 2nd Unlawful sexual activity with specified minor.
105	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.
106	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
107	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
108	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
109	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
110	812.014(2)(b)2. 2nd Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.
111	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
112	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
113	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
114	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
115	825.102(1) 3rd Abuse of an elderly person or disabled adult.
116	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
117	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
118	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000$20,000.
119	827.03(1) 3rd Abuse of a child.
120	827.03(3)(c) 3rd Neglect of a child.
121	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
122	836.05 2nd Threats; extortion.
123	836.10 2nd Written threats to kill or do bodily injury.
124	843.12 3rd Aids or assists person to escape.
125	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
126	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
127	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
128	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.
129	944.40 2nd Escapes.
130	944.46 3rd Harboring, concealing, aiding escaped prisoners.
131	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
132	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
133	(g) LEVEL 7
134	316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
135	327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
136	402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
137	409.920(2) 3rd Medicaid provider fraud.
138	456.065(2) 3rd Practicing a health care profession without a license.
139	456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
140	458.327(1) 3rd Practicing medicine without a license.
141	459.013(1) 3rd Practicing osteopathic medicine without a license.
142	460.411(1) 3rd Practicing chiropractic medicine without a license.
143	461.012(1) 3rd Practicing podiatric medicine without a license.
144	462.17 3rd Practicing naturopathy without a license.
145	463.015(1) 3rd Practicing optometry without a license.
146	464.016(1) 3rd Practicing nursing without a license.
147	465.015(2) 3rd Practicing pharmacy without a license.
148	466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
149	467.201 3rd Practicing midwifery without a license.
150	468.366 3rd Delivering respiratory care services without a license.
151	483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
152	483.901(9) 3rd Practicing medical physics without a license.
153	484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
154	484.053 3rd Dispensing hearing aids without a license.
155	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.
156	560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
157	560.125(5)(a) 3rd Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
158	655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
159	782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
160	782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
161	782.071 2nd Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
162	782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
163	784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
164	784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
165	784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
166	784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
167	784.07(2)(d) 1st Aggravated battery on law enforcement officer.
168	784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
169	784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
170	784.081(1) 1st Aggravated battery on specified official or employee.
171	784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
172	784.083(1) 1st Aggravated battery on code inspector.
173	790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
174	790.16(1) 1st Discharge of a machine gun under specified circumstances.
175	790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
176	790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
177	790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
178	790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
179	796.03 2nd Procuring any person under 16 years for prostitution.
180	800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
181	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.
182	806.01(2) 2nd Maliciously damage structure by fire or explosive.
183	810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
184	810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
185	810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
186	812.014(2)(a) 1st Property stolen, valued at $100,000 or more; cargo stolen valued at $50,000 or more; property stolen while causing other property damage; 1st degree grand theft.
187	812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
188	812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
189	812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
190	812.131(2)(a) 2nd Robbery by sudden snatching.
191	812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
192	817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
193	825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
194	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 $100,000.
195	827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
196	827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
197	837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
198	872.06 2nd Abuse of a dead human body.
199	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 or school.
200	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.
201	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).
202	893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
203	893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
204	893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
205	893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
206	893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
207	893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
208	893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
209	893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
210	893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
211	893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
212	896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
213	896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
214	================= T I T L E A M E N D M E N T =================
215	Remove lines 15 and 16, and insert:
216	persons 65 years of age or older;