Senate Bill sb0448
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 448
By Senator Margolis
35-284A-04
1 A bill to be entitled
2 An act relating to elder abuse and neglect;
3 creating s. 825.108, F.S.; requiring that a
4 case worker or protective investigator from the
5 Department of Children and Family Services
6 request a mental health examination of an
7 elderly victim of abuse or neglect if there is
8 suspicion of mental incompetency; amending s.
9 825.102, F.S.; increasing the penalty for
10 committing aggravated abuse of an elderly
11 person or disabled adult from a second-degree
12 felony to a first-degree felony; creating the
13 Task Force Against Abuse and Neglect of the
14 Elderly within the Department of Children and
15 Family Services; providing for membership and
16 duties of the task force; requiring reports to
17 the Legislature; amending s. 921.0022, F.S.,
18 relating to the offense severity ranking chart
19 of the Criminal Punishment Code; conforming
20 provisions to changes made by the act;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Section 825.108, Florida Statutes, is
26 created to read:
27 825.108 Mental health examination.--If a case worker
28 or protective investigator from the Department of Children and
29 Family Services has reason to believe that a person older than
30 65 years of age who is the victim of abuse or neglect is
31 mentally incompetent, the case worker or investigator may
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 448
35-284A-04
1 request that the person undergo a mental health evaluation by
2 a mental health provider that is under contract with the
3 department. The person must be examined within 48 hours
4 following the initial observation by the case worker or
5 investigator.
6 Section 2. Subsection (2) of section 825.102, Florida
7 Statutes, is amended to read:
8 825.102 Abuse, aggravated abuse, and neglect of an
9 elderly person or disabled adult; penalties.--
10 (2) "Aggravated abuse of an elderly person or disabled
11 adult" occurs when a person:
12 (a) Commits aggravated battery on an elderly person or
13 disabled adult;
14 (b) Willfully tortures, maliciously punishes, or
15 willfully and unlawfully cages, an elderly person or disabled
16 adult; or
17 (c) Knowingly or willfully abuses an elderly person or
18 disabled adult and in so doing causes great bodily harm,
19 permanent disability, or permanent disfigurement to the
20 elderly person or disabled adult.
21
22 A person who commits aggravated abuse of an elderly person or
23 disabled adult commits a felony of the first second degree,
24 punishable as provided in s. 775.082, s. 775.083, or s.
25 775.084.
26 Section 3. Task Force Against Abuse and Neglect of the
27 Elderly.--
28 (1) The Task Force Against Abuse and Neglect of the
29 Elderly is created within the Department of Children and
30 Family Services. The Secretary of Children and Family
31 Services, the Secretary of Elderly Affairs, and the executive
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 448
35-284A-04
1 director of the Department of Law Enforcement shall each
2 appoint four members to the task force. The Secretary of
3 Children and Family Services shall designate one appointee as
4 the chairperson of the task force.
5 (2) The task force shall:
6 (a) Evaluate the current curriculum used to train law
7 enforcement officers in identifying abuse and neglect of
8 elderly persons. This evaluation must be completed and
9 submitted to the Legislature by July 1, 2005.
10 (b) Prepare a list of recommendations for improving
11 the curriculum used to train law enforcement officers in
12 identifying abuse and neglect of elderly persons and
13 preventing such abuse and neglect. This list of
14 recommendations must be submitted to the Legislature by
15 September 1, 2005.
16 Section 4. Paragraph (h) of subsection (3) of section
17 921.0022, Florida Statutes, is amended to read:
18 921.0022 Criminal Punishment Code; offense severity
19 ranking chart.--
20 (3) OFFENSE SEVERITY RANKING CHART
21
22 Florida Felony
23 Statute Degree Description
24
25
26 (h) LEVEL 8
27 316.193
28 (3)(c)3.a. 2nd DUI manslaughter.
29 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
30 499.0051(7) 1st Forgery of prescription or legend
31 drug labels.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 448
35-284A-04
1 499.0052 1st Trafficking in contraband legend
2 drugs.
3 560.123(8)(b)2. 2nd Failure to report currency or
4 payment instruments totaling or
5 exceeding $20,000, but less than
6 $100,000 by money transmitter.
7 560.125(5)(b) 2nd Money transmitter business by
8 unauthorized person, currency or
9 payment instruments totaling or
10 exceeding $20,000, but less than
11 $100,000.
12 655.50(10)(b)2. 2nd Failure to report financial
13 transactions totaling or
14 exceeding $20,000, but less than
15 $100,000 by financial
16 institutions.
17 777.03(2)(a) 1st Accessory after the fact, capital
18 felony.
19 782.04(4) 2nd Killing of human without design
20 when engaged in act or attempt of
21 any felony other than arson,
22 sexual battery, robbery,
23 burglary, kidnapping, aircraft
24 piracy, or unlawfully discharging
25 bomb.
26 782.051(2) 1st Attempted felony murder while
27 perpetrating or attempting to
28 perpetrate a felony not
29 enumerated in s. 782.04(3).
30
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 448
35-284A-04
1 782.071(1)(b) 1st Committing vehicular homicide and
2 failing to render aid or give
3 information.
4 782.072(2) 1st Committing vessel homicide and
5 failing to render aid or give
6 information.
7 790.161(3) 1st Discharging a destructive device
8 which results in bodily harm or
9 property damage.
10 794.011(5) 2nd Sexual battery, victim 12 years
11 or over, offender does not use
12 physical force likely to cause
13 serious injury.
14 800.04(4) 2nd Lewd or lascivious battery.
15 806.01(1) 1st Maliciously damage dwelling or
16 structure by fire or explosive,
17 believing person in structure.
18 810.02(2)(a) 1st,PBL Burglary with assault or battery.
19 810.02(2)(b) 1st,PBL Burglary; armed with explosives
20 or dangerous weapon.
21 810.02(2)(c) 1st Burglary of a dwelling or
22 structure causing structural
23 damage or $1,000 or more property
24 damage.
25 812.13(2)(b) 1st Robbery with a weapon.
26 812.135(2) 1st Home-invasion robbery.
27 817.568(6) 2nd Fraudulent use of personal
28 identification information of an
29 individual under the age of 18.
30 825.102(2) 1st 2nd Aggravated abuse of an elderly
31 person or disabled adult.
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 448
35-284A-04
1 825.1025(2) 2nd Lewd or lascivious battery upon
2 an elderly person or disabled
3 adult.
4 825.103(2)(a) 1st Exploiting an elderly person or
5 disabled adult and property is
6 valued at $100,000 or more.
7 837.02(2) 2nd Perjury in official proceedings
8 relating to prosecution of a
9 capital felony.
10 837.021(2) 2nd Making contradictory statements
11 in official proceedings relating
12 to prosecution of a capital
13 felony.
14 860.121(2)(c) 1st Shooting at or throwing any
15 object in path of railroad
16 vehicle resulting in great bodily
17 harm.
18 860.16 1st Aircraft piracy.
19 893.13(1)(b) 1st Sell or deliver in excess of 10
20 grams of any substance specified
21 in s. 893.03(1)(a) or (b).
22 893.13(2)(b) 1st Purchase in excess of 10 grams of
23 any substance specified in s.
24 893.03(1)(a) or (b).
25 893.13(6)(c) 1st Possess in excess of 10 grams of
26 any substance specified in s.
27 893.03(1)(a) or (b).
28 893.135(1)(a)2. 1st Trafficking in cannabis, more
29 than 2,000 lbs., less than 10,000
30 lbs.
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 448
35-284A-04
1 893.135
2 (1)(b)1.b. 1st Trafficking in cocaine, more than
3 200 grams, less than 400 grams.
4 893.135
5 (1)(c)1.b. 1st Trafficking in illegal drugs,
6 more than 14 grams, less than 28
7 grams.
8 893.135
9 (1)(d)1.b. 1st Trafficking in phencyclidine,
10 more than 200 grams, less than
11 400 grams.
12 893.135
13 (1)(e)1.b. 1st Trafficking in methaqualone, more
14 than 5 kilograms, less than 25
15 kilograms.
16 893.135
17 (1)(f)1.b. 1st Trafficking in amphetamine, more
18 than 28 grams, less than 200
19 grams.
20 893.135
21 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
22 grams or more, less than 28
23 grams.
24 893.135
25 (1)(h)1.b. 1st Trafficking in
26 gamma-hydroxybutyric acid (GHB),
27 5 kilograms or more, less than 10
28 kilograms.
29
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 448
35-284A-04
1 893.135
2 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
3 kilograms or more, less than 10
4 kilograms.
5 893.135
6 (1)(k)2.b. 1st Trafficking in Phenethylamines,
7 200 grams or more, less than 400
8 grams.
9 895.03(1) 1st Use or invest proceeds derived
10 from pattern of racketeering
11 activity.
12 895.03(2) 1st Acquire or maintain through
13 racketeering activity any
14 interest in or control of any
15 enterprise or real property.
16 895.03(3) 1st Conduct or participate in any
17 enterprise through pattern of
18 racketeering activity.
19 896.101(5)(b) 2nd Money laundering, financial
20 transactions totaling or
21 exceeding $20,000, but less than
22 $100,000.
23 896.104(4)(a)2. 2nd Structuring transactions to evade
24 reporting or registration
25 requirements, financial
26 transactions totaling or
27 exceeding $20,000 but less than
28 $100,000.
29 Section 5. This act shall take effect July 1, 2004.
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 448
35-284A-04
1 *****************************************
2 SENATE SUMMARY
3 Requires a protective investigator or case worker from
the Department of Children and Family Services to request
4 a mental health examination of an elderly victim of abuse
or neglect if there is suspicion of mental incompetency.
5 Increases the penalty for aggravated abuse of an elderly
person from a second-degree felony to a first-degree
6 felony. Creates the Task Force Against Abuse and Neglect
of the Elderly within the Department of Children and
7 Family Services. (See bill for details.)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
CODING: Words stricken are deletions; words underlined are additions.