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                A bill to be entitled | 
              
              
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											An act relating to elder abuse and neglect; creating s. | 
              
              
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									825.108, F.S.; requiring that a case worker or protective | 
              
              
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									investigator from the Department of Children and Family | 
              
              
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									Services request a mental health examination of an elderly | 
              
              
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									victim of abuse or neglect if there is suspicion of mental | 
              
              
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									incompetency; amending s. 825.102, F.S.; increasing the | 
              
              
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									penalty for committing aggravated abuse of an elderly | 
              
              
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									person or disabled adult from a second degree felony to a | 
              
              
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									first degree felony; creating the Task Force Against Abuse | 
              
              
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									and Neglect of the Elderly within the Department of | 
              
              
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									Children and Family Services; providing for membership and | 
              
              
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									duties of the task force; requiring reports to the | 
              
              
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									Legislature; amending s. 921.0022, F.S., relating to the | 
              
              
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									offense severity ranking chart of the Criminal Punishment | 
              
              
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									Code; conforming provisions to changes made by the act; | 
              
              
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									providing an effective date. | 
              
              
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											Be It Enacted by the Legislature of the State of Florida: | 
              
              
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											Section 1.  Section 825.108, Florida Statutes, is created | 
              
              
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									to read: | 
              
              
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												825.108  Mental health examination.--If a case worker or  | 
              
              
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									protective investigator from the Department of Children and  | 
              
              
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									Family Services has reason to believe that a person older than  | 
              
              
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									65 years of age who is the victim of abuse or neglect is  | 
              
              
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									mentally incompetent, the case worker or investigator may  | 
              
              
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									request that the person undergo a mental health evaluation by a  | 
              
              
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									mental health provider that is under contract with the  | 
              
              
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									department. The person must be examined within 48 hours  | 
              
              
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									following the initial observation by the case worker or  | 
              
              
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									investigator. | 
              
              
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											Section 2.  Subsection (2) of section 825.102, Florida | 
              
              
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									Statutes, is amended to read: | 
              
              
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											825.102  Abuse, aggravated abuse, and neglect of an elderly | 
              
              
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									person or disabled adult; penalties.-- | 
              
              
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											(2)  "Aggravated abuse of an elderly person or disabled | 
              
              
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									adult" occurs when a person: | 
              
              
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											(a)  Commits aggravated battery on an elderly person or | 
              
              
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									disabled adult; | 
              
              
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											(b)  Willfully tortures, maliciously punishes, or willfully | 
              
              
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									and unlawfully cages, an elderly person or disabled adult; or | 
              
              
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											(c)  Knowingly or willfully abuses an elderly person or | 
              
              
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									disabled adult and in so doing causes great bodily harm, | 
              
              
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									permanent disability, or permanent disfigurement to the elderly | 
              
              
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									person or disabled adult. | 
              
              
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											A person who commits aggravated abuse of an elderly person or | 
              
              
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									disabled adult commits a felony of the first seconddegree, | 
              
              
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									punishable as provided in s. 775.082, s. 775.083, or s. 775.084. | 
              
              
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												Section 3.  Task Force Against Abuse and Neglect of the  | 
              
              
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									Elderly.-- | 
              
              
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												(1)  The Task Force Against Abuse and Neglect of the  | 
              
              
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									Elderly is created within the Department of Children and Family  | 
              
              
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									Services. The Secretary of Children and Family Services, the  | 
              
              
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									Secretary of Elderly Affairs, and the executive director of the  | 
              
              
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									Department of Law Enforcement shall each appoint four members to  | 
              
              
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									the task force. The Secretary of Children and Family Services  | 
              
              
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									shall designate one appointee as the chairperson of the task  | 
              
              
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									force. | 
              
              
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												(2)  The task force shall: | 
              
              
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												(a)  Evaluate the current curriculum used to train law  | 
              
              
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									enforcement officers in identifying abuse and neglect of elderly  | 
              
              
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									persons. This evaluation must be completed and submitted to the  | 
              
              
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									Legislature by July 1, 2005. | 
              
              
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												(b)  Prepare a list of recommendations for improving the  | 
              
              
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									curriculum used to train law enforcement officers in identifying  | 
              
              
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									abuse and neglect of elderly persons and preventing such abuse  | 
              
              
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									and neglect. This list of recommendations must be submitted to  | 
              
              
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									the Legislature by September 1, 2005. | 
              
              
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											Section 4.  Paragraph (h) of subsection (3) of section | 
              
              
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									921.0022, Florida Statutes, is amended to read: | 
              
              
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											921.0022  Criminal Punishment Code; offense severity | 
              
              
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									ranking chart.-- | 
              
              
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											(3)  OFFENSE SEVERITY RANKING CHART | 
              
              
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											| Statute | Degree  | Description   |  
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											| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |  
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											| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |  
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											| 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |  
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											| 499.0052 | 1st | Trafficking in contraband legend drugs. |  
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											| 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. |  
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											| 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. |  
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											| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |  
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											| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |  
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											| 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, aircraft piracy, or unlawfully discharging bomb. |  
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											| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |  
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											| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |  
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											| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |  
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											| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |  
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											| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |  
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											| 800.04(4) | 2nd | Lewd or lascivious battery. |  
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											| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure.   |  
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											| 810.02(2)(a) | 1st,PBL  | Burglary with assault or battery. |  
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											| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |  
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											| 810.02(2)(c) | 1st  | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |  
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											| 812.13(2)(b) | 1st | Robbery with a weapon. |  
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											| 812.135(2) | 1st | Home-invasion robbery. |  
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											| 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |  
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											| 825.102(2) | 1st2nd | Aggravated abuse of an elderly person or disabled adult. |  
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											| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |  
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											| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |  
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											| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |  
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											| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony.   |  
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											| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |  
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											| 860.16 | 1st | Aircraft piracy. |  
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											| 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). |  
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											| 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |  
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											| 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |  
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											| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |  
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											| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |  
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											| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |  
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											| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |  
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											| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |  
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											| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |  
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											| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |  
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											| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |  
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											| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.   |  
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											| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |  
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											| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |  
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											| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |  
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											| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |  
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											| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |  
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											| 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. |  
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											Section 5.  This act shall take effect July 1, 2004. |