Senate Bill sb0448c1
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Florida Senate - 2004 CS for SB 448
By the Committee on Children and Families; and Senator
Margolis
300-1204B-04
1 A bill to be entitled
2 An act relating to elder abuse and neglect;
3 amending s. 415.104, F.S.; requiring that a
4 protective investigator from the Department of
5 Children and Family Services request an
6 assessment of a vulnerable adult who is an
7 alleged victim of abuse, neglect, or
8 exploitation if there is suspicion of a lack of
9 capacity to consent; amending s. 825.102, F.S.;
10 increasing the penalty for committing
11 aggravated abuse of an elderly person or
12 disabled adult from a second-degree felony to a
13 first-degree felony; directing that a workgroup
14 be established to evaluate the curriculum for
15 training law enforcement officers in
16 identifying abuse and neglect of the elderly;
17 prescribing membership and duties of the
18 workgroup; requiring a report to the
19 Legislature; amending s. 921.0022, F.S.,
20 relating to the offense severity ranking chart
21 of the Criminal Punishment Code; conforming
22 provisions to changes made by the act;
23 providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Present subsections (4) through (9) of
28 section 415.104, Florida Statutes, are redesignated as
29 subsections (5) through (10), respectively, and a new
30 subsection (4) is added to that section, to read:
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Florida Senate - 2004 CS for SB 448
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1 415.104 Protective investigations of cases of abuse,
2 neglect, or exploitation of vulnerable adults; transmittal of
3 records to state attorney.--
4 (4) Subject to the availability of resources, if a
5 protective investigator from the Department of Children and
6 Family Services has reason to believe that a vulnerable adult
7 who is alleged to be a victim of abuse, neglect, or
8 exploitation lacks the capacity to consent, as defined in s.
9 415.102(14), to protective services, the protective
10 investigator may request that the individual undergo an
11 assessment conducted by a mental health provider to determine
12 the person's capacity to consent. The person must be examined
13 within 48 hours following the initial observation by the
14 protective investigator. If the assessment completed by a
15 mental health provider indicates that the individual lacks
16 capacity to consent, the department shall initiate
17 protective-services interventions as specified in s. 415.1051.
18 Section 2. Subsection (2) of section 825.102, Florida
19 Statutes, is amended to read:
20 825.102 Abuse, aggravated abuse, and neglect of an
21 elderly person or disabled adult; penalties.--
22 (2) "Aggravated abuse of an elderly person or disabled
23 adult" occurs when a person:
24 (a) Commits aggravated battery on an elderly person or
25 disabled adult;
26 (b) Willfully tortures, maliciously punishes, or
27 willfully and unlawfully cages, an elderly person or disabled
28 adult; or
29 (c) Knowingly or willfully abuses an elderly person or
30 disabled adult and in so doing causes great bodily harm,
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Florida Senate - 2004 CS for SB 448
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1 permanent disability, or permanent disfigurement to the
2 elderly person or disabled adult.
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4 A person who commits aggravated abuse of an elderly person or
5 disabled adult commits a felony of the first second degree,
6 punishable as provided in s. 775.082, s. 775.083, or s.
7 775.084.
8 Section 3. (1) The Department of Children and Family
9 Services shall establish a workgroup to evaluate the
10 curriculum for training law enforcement officers in
11 identifying abuse and neglect of elderly persons.
12 (2) The Secretary of Children and Family Services, the
13 Secretary of Elderly Affairs, and the Executive Director of
14 the Department of Law Enforcement shall each appoint at least
15 one member and not more than four members to the workgroup.
16 (3) The workgroup shall:
17 (a) Evaluate the current curriculum used to train law
18 enforcement officers in identifying abuse and neglect of
19 elderly persons.
20 (b) Prepare a list of recommendations for improving
21 the curriculum used to train law enforcement officers in
22 identifying abuse and neglect of elderly persons and
23 preventing such abuse and neglect.
24 (c) Submit the evaluative report, along with
25 recommendations for improving the curriculum, to the
26 Legislature by September 1, 2005.
27 Section 4. Paragraph (h) of subsection (3) of section
28 921.0022, Florida Statutes, is amended to read:
29 921.0022 Criminal Punishment Code; offense severity
30 ranking chart.--
31 (3) OFFENSE SEVERITY RANKING CHART
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2 Florida Felony
3 Statute Degree Description
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6 (h) LEVEL 8
7 316.193(3)(c)3.a. 2nd DUI manslaughter.
8 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
9 499.0051(7) 1st Forgery of prescription or legend
10 drug labels.
11 499.0052 1st Trafficking in contraband legend
12 drugs.
13 560.123(8)(b)2. 2nd Failure to report currency or
14 payment instruments totaling or
15 exceeding $20,000, but less than
16 $100,000 by money transmitter.
17 560.125(5)(b) 2nd Money transmitter business by
18 unauthorized person, currency or
19 payment instruments totaling or
20 exceeding $20,000, but less than
21 $100,000.
22 655.50(10)(b)2. 2nd Failure to report financial
23 transactions totaling or
24 exceeding $20,000, but less than
25 $100,000 by financial
26 institutions.
27 777.03(2)(a) 1st Accessory after the fact, capital
28 felony.
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1 782.04(4) 2nd Killing of human without design
2 when engaged in act or attempt of
3 any felony other than arson,
4 sexual battery, robbery,
5 burglary, kidnapping, aircraft
6 piracy, or unlawfully discharging
7 bomb.
8 782.051(2) 1st Attempted felony murder while
9 perpetrating or attempting to
10 perpetrate a felony not
11 enumerated in s. 782.04(3).
12 782.071(1)(b) 1st Committing vehicular homicide and
13 failing to render aid or give
14 information.
15 782.072(2) 1st Committing vessel homicide and
16 failing to render aid or give
17 information.
18 790.161(3) 1st Discharging a destructive device
19 which results in bodily harm or
20 property damage.
21 794.011(5) 2nd Sexual battery, victim 12 years
22 or over, offender does not use
23 physical force likely to cause
24 serious injury.
25 800.04(4) 2nd Lewd or lascivious battery.
26 806.01(1) 1st Maliciously damage dwelling or
27 structure by fire or explosive,
28 believing person in structure.
29 810.02(2)(a) 1st,PBL Burglary with assault or battery.
30 810.02(2)(b) 1st,PBL Burglary; armed with explosives
31 or dangerous weapon.
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Florida Senate - 2004 CS for SB 448
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1 810.02(2)(c) 1st Burglary of a dwelling or
2 structure causing structural
3 damage or $1,000 or more property
4 damage.
5 812.13(2)(b) 1st Robbery with a weapon.
6 812.135(2) 1st Home-invasion robbery.
7 817.568(6) 2nd Fraudulent use of personal
8 identification information of an
9 individual under the age of 18.
10 825.102(2) 1st 2nd Aggravated abuse of an elderly
11 person or disabled adult.
12 825.1025(2) 2nd Lewd or lascivious battery upon
13 an elderly person or disabled
14 adult.
15 825.103(2)(a) 1st Exploiting an elderly person or
16 disabled adult and property is
17 valued at $100,000 or more.
18 837.02(2) 2nd Perjury in official proceedings
19 relating to prosecution of a
20 capital felony.
21 837.021(2) 2nd Making contradictory statements
22 in official proceedings relating
23 to prosecution of a capital
24 felony.
25 860.121(2)(c) 1st Shooting at or throwing any
26 object in path of railroad
27 vehicle resulting in great bodily
28 harm.
29 860.16 1st Aircraft piracy.
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1 893.13(1)(b) 1st Sell or deliver in excess of 10
2 grams of any substance specified
3 in s. 893.03(1)(a) or (b).
4 893.13(2)(b) 1st Purchase in excess of 10 grams of
5 any substance specified in s.
6 893.03(1)(a) or (b).
7 893.13(6)(c) 1st Possess in excess of 10 grams of
8 any substance specified in s.
9 893.03(1)(a) or (b).
10 893.135(1)(a)2. 1st Trafficking in cannabis, more
11 than 2,000 lbs., less than 10,000
12 lbs.
13 893.135(1)(b)1.b. 1st Trafficking in cocaine, more than
14 200 grams, less than 400 grams.
15 893.135(1)(c)1.b. 1st Trafficking in illegal drugs,
16 more than 14 grams, less than 28
17 grams.
18 893.135(1)(d)1.b. 1st Trafficking in phencyclidine,
19 more than 200 grams, less than
20 400 grams.
21 893.135(1)(e)1.b. 1st Trafficking in methaqualone, more
22 than 5 kilograms, less than 25
23 kilograms.
24 893.135(1)(f)1.b. 1st Trafficking in amphetamine, more
25 than 28 grams, less than 200
26 grams.
27 893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14
28 grams or more, less than 28
29 grams.
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1 893.135(1)(h)1.b. 1st Trafficking in
2 gamma-hydroxybutyric acid (GHB),
3 5 kilograms or more, less than 10
4 kilograms.
5 893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
6 kilograms or more, less than 10
7 kilograms.
8 893.135(1)(k)2.b. 1st Trafficking in Phenethylamines,
9 200 grams or more, less than 400
10 grams.
11 895.03(1) 1st Use or invest proceeds derived
12 from pattern of racketeering
13 activity.
14 895.03(2) 1st Acquire or maintain through
15 racketeering activity any
16 interest in or control of any
17 enterprise or real property.
18 895.03(3) 1st Conduct or participate in any
19 enterprise through pattern of
20 racketeering activity.
21 896.101(5)(b) 2nd Money laundering, financial
22 transactions totaling or
23 exceeding $20,000, but less than
24 $100,000.
25 896.104(4)(a)2. 2nd Structuring transactions to evade
26 reporting or registration
27 requirements, financial
28 transactions totaling or
29 exceeding $20,000 but less than
30 $100,000.
31 Section 5. This act shall take effect July 1, 2004.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 448
3
4
Deletes changes to chapter 825, F.S., and instead amends
5 chapter 415, F.S.
6 Specifies that, subject to availability of resources, the
protective investigator may request that a vulnerable adult
7 who is an alleged victim of abuse, neglect, or exploitation
undergo an assessment by a mental health provider if there is
8 reason to believe the person lacks the capacity to consent for
services.
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Directs the department to initiate protective-services
10 interventions specified in s. 415.1051, F.S., if it is
determined the alleged victim lacks the capacity to consent.
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Directs the Department of Children and Families to establish a
12 workgroup rather than a task force and limits the numbers of
members appointed to the workgroup.
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Requires the workgroup to provide an evaluative report and
14 recommendations for improvements to the Legislature by
September 1, 2005, instead of requiring two reports.
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