Senate Bill sb0448c2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
By the Committees on Criminal Justice; Children and Families;
and Senators Margolis and Lynn
307-2462-04
1 A bill to be entitled
2 An act relating to protection and care for
3 elders; amending s. 825.102, F.S.;
4 reclassifying the offense of aggravated abuse
5 of an elderly person or disabled adult from a
6 second degree felony to a first degree felony;
7 amending s. 921.0022, F.S., relating to the
8 offense severity ranking chart of the Criminal
9 Punishment Code, to conform; creating s.
10 943.17296, F.S., relating to identification and
11 investigation of elder abuse training for
12 certified law enforcement officers; requiring
13 such training by a time certain; providing that
14 an officer's certification shall become
15 inactive in certain circumstances related to
16 the failure to complete such training; amending
17 s. 430.502, F.S.; providing for the
18 establishment of a memory disorder clinic at
19 Morton Plant Hospital in Pinellas County;
20 providing for the Florida Mental Health
21 Institute at the University of South Florida to
22 establish a workgroup; specifying the purpose
23 and responsibilities of the workgroup;
24 providing for the secretary of the Department
25 of Elderly Affairs and the secretary of the
26 Department of Children and Family Services to
27 appoint members to the workgroup; providing for
28 a report by the workgroup; providing for future
29 repeal; providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 Section 1. Subsection (2) of section 825.102, Florida
2 Statutes, is amended to read:
3 825.102 Abuse, aggravated abuse, and neglect of an
4 elderly person or disabled adult; penalties.--
5 (2) "Aggravated abuse of an elderly person or disabled
6 adult" occurs when a person:
7 (a) Commits aggravated battery on an elderly person or
8 disabled adult;
9 (b) Willfully tortures, maliciously punishes, or
10 willfully and unlawfully cages, an elderly person or disabled
11 adult; or
12 (c) Knowingly or willfully abuses an elderly person or
13 disabled adult and in so doing causes great bodily harm,
14 permanent disability, or permanent disfigurement to the
15 elderly person or disabled adult.
16
17 A person who commits aggravated abuse of an elderly person or
18 disabled adult commits a felony of the first second degree,
19 punishable as provided in s. 775.082, s. 775.083, or s.
20 775.084.
21 Section 2. Paragraph (h) of subsection (3) of section
22 921.0022, Florida Statutes, is amended to read:
23 921.0022 Criminal Punishment Code; offense severity
24 ranking chart.--
25 (3) OFFENSE SEVERITY RANKING CHART
26
27 Florida Felony
28 Statute Degree Description
29
30
31 (h) LEVEL 8
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 316.193
2 (3)(c)3.a. 2nd DUI manslaughter.
3 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
4 499.0051(7) 1st Forgery of prescription or legend
5 drug labels.
6 499.0052 1st Trafficking in contraband legend
7 drugs.
8 560.123(8)(b)2. 2nd Failure to report currency or
9 payment instruments totaling or
10 exceeding $20,000, but less than
11 $100,000 by money transmitter.
12 560.125(5)(b) 2nd Money transmitter business by
13 unauthorized person, currency or
14 payment instruments totaling or
15 exceeding $20,000, but less than
16 $100,000.
17 655.50(10)(b)2. 2nd Failure to report financial
18 transactions totaling or
19 exceeding $20,000, but less than
20 $100,000 by financial
21 institutions.
22 777.03(2)(a) 1st Accessory after the fact, capital
23 felony.
24 782.04(4) 2nd Killing of human without design
25 when engaged in act or attempt of
26 any felony other than arson,
27 sexual battery, robbery,
28 burglary, kidnapping, aircraft
29 piracy, or unlawfully discharging
30 bomb.
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 782.051(2) 1st Attempted felony murder while
2 perpetrating or attempting to
3 perpetrate a felony not
4 enumerated in s. 782.04(3).
5 782.071(1)(b) 1st Committing vehicular homicide and
6 failing to render aid or give
7 information.
8 782.072(2) 1st Committing vessel homicide and
9 failing to render aid or give
10 information.
11 790.161(3) 1st Discharging a destructive device
12 which results in bodily harm or
13 property damage.
14 794.011(5) 2nd Sexual battery, victim 12 years
15 or over, offender does not use
16 physical force likely to cause
17 serious injury.
18 800.04(4) 2nd Lewd or lascivious battery.
19 806.01(1) 1st Maliciously damage dwelling or
20 structure by fire or explosive,
21 believing person in structure.
22 810.02(2)(a) 1st,PBL Burglary with assault or battery.
23 810.02(2)(b) 1st,PBL Burglary; armed with explosives
24 or dangerous weapon.
25 810.02(2)(c) 1st Burglary of a dwelling or
26 structure causing structural
27 damage or $1,000 or more property
28 damage.
29 812.13(2)(b) 1st Robbery with a weapon.
30 812.135(2) 1st Home-invasion robbery.
31
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 817.568(6) 2nd Fraudulent use of personal
2 identification information of an
3 individual under the age of 18.
4 825.102(2) 1st 2nd Aggravated abuse of an elderly
5 person or disabled adult.
6 825.1025(2) 2nd Lewd or lascivious battery upon
7 an elderly person or disabled
8 adult.
9 825.103(2)(a) 1st Exploiting an elderly person or
10 disabled adult and property is
11 valued at $100,000 or more.
12 837.02(2) 2nd Perjury in official proceedings
13 relating to prosecution of a
14 capital felony.
15 837.021(2) 2nd Making contradictory statements
16 in official proceedings relating
17 to prosecution of a capital
18 felony.
19 860.121(2)(c) 1st Shooting at or throwing any
20 object in path of railroad
21 vehicle resulting in great bodily
22 harm.
23 860.16 1st Aircraft piracy.
24 893.13(1)(b) 1st Sell or deliver in excess of 10
25 grams of any substance specified
26 in s. 893.03(1)(a) or (b).
27 893.13(2)(b) 1st Purchase in excess of 10 grams of
28 any substance specified in s.
29 893.03(1)(a) or (b).
30
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 893.13(6)(c) 1st Possess in excess of 10 grams of
2 any substance specified in s.
3 893.03(1)(a) or (b).
4 893.135(1)(a)2. 1st Trafficking in cannabis, more
5 than 2,000 lbs., less than 10,000
6 lbs.
7 893.135
8 (1)(b)1.b. 1st Trafficking in cocaine, more than
9 200 grams, less than 400 grams.
10 893.135
11 (1)(c)1.b. 1st Trafficking in illegal drugs,
12 more than 14 grams, less than 28
13 grams.
14 893.135
15 (1)(d)1.b. 1st Trafficking in phencyclidine,
16 more than 200 grams, less than
17 400 grams.
18 893.135
19 (1)(e)1.b. 1st Trafficking in methaqualone, more
20 than 5 kilograms, less than 25
21 kilograms.
22 893.135
23 (1)(f)1.b. 1st Trafficking in amphetamine, more
24 than 28 grams, less than 200
25 grams.
26 893.135
27 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
28 grams or more, less than 28
29 grams.
30
31
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 893.135
2 (1)(h)1.b. 1st Trafficking in
3 gamma-hydroxybutyric acid (GHB),
4 5 kilograms or more, less than 10
5 kilograms.
6 893.135
7 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
8 kilograms or more, less than 10
9 kilograms.
10 893.135
11 (1)(k)2.b. 1st Trafficking in Phenethylamines,
12 200 grams or more, less than 400
13 grams.
14 895.03(1) 1st Use or invest proceeds derived
15 from pattern of racketeering
16 activity.
17 895.03(2) 1st Acquire or maintain through
18 racketeering activity any
19 interest in or control of any
20 enterprise or real property.
21 895.03(3) 1st Conduct or participate in any
22 enterprise through pattern of
23 racketeering activity.
24 896.101(5)(b) 2nd Money laundering, financial
25 transactions totaling or
26 exceeding $20,000, but less than
27 $100,000.
28
29
30
31
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 896.104(4)(a)2. 2nd Structuring transactions to evade
2 reporting or registration
3 requirements, financial
4 transactions totaling or
5 exceeding $20,000 but less than
6 $100,000.
7 Section 3. Section 943.17296, Florida Statutes, is
8 created to read:
9 943.17296 Identification and investigation of elder
10 abuse and neglect training.--Certified law enforcement
11 officers shall successfully complete training on
12 identification and investigation of elder abuse and neglect as
13 a part of their basic recruit training required in s.
14 943.13(9) or continuing education pursuant to s. 943.135(1)
15 prior to June 30, 2008. Such training shall be developed in
16 consultation with the Department of Elderly Affairs and shall
17 incorporate instruction on the identification of and
18 appropriate responses for persons suffering from dementia and
19 on the identification and investigation of elder abuse and
20 neglect. If an officer fails to meet the required training,
21 his or her certification shall become inactive until the
22 employing agency notifies the commission that the officer has
23 completed the training.
24 Section 4. Section 430.502, Florida Statutes, is
25 amended to read:
26 430.502 Alzheimer's disease; memory disorder clinics
27 and day care and respite care programs.--
28 (1) There is established:
29 (a) A memory disorder clinic at each of the three
30 medical schools in this state;
31
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 (b) A memory disorder clinic at a major private
2 nonprofit research-oriented teaching hospital, and may fund a
3 memory disorder clinic at any of the other affiliated teaching
4 hospitals;
5 (c) A memory disorder clinic at the Mayo Clinic in
6 Jacksonville;
7 (d) A memory disorder clinic at the West Florida
8 Regional Medical Center;
9 (e) The East Central Florida Memory Disorder Clinic at
10 the Joint Center for Advanced Therapeutics and Biomedical
11 Research of the Florida Institute of Technology and Holmes
12 Regional Medical Center, Inc.;
13 (f) A memory disorder clinic at the Orlando Regional
14 Healthcare System, Inc.;
15 (g) A memory disorder center located in a public
16 hospital that is operated by an independent special hospital
17 taxing district that governs multiple hospitals and is located
18 in a county with a population greater than 800,000 persons;
19 (h) A memory disorder clinic at St. Mary's Medical
20 Center in Palm Beach County;
21 (i) A memory disorder clinic at Tallahassee Memorial
22 Healthcare;
23 (j) A memory disorder clinic at Lee Memorial Hospital
24 created by chapter 63-1552, Laws of Florida, as amended; and
25 (k) A memory disorder clinic at Sarasota Memorial
26 Hospital in Sarasota County; and,
27 (l) A memory disorder clinic at Morton Plant Hospital,
28 Clearwater, in Pinellas County,
29
30 for the purpose of conducting research and training in a
31 diagnostic and therapeutic setting for persons suffering from
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 Alzheimer's disease and related memory disorders. However,
2 memory disorder clinics funded as of June 30, 1995, shall not
3 receive decreased funding due solely to subsequent additions
4 of memory disorder clinics in this subsection.
5 (2) It is the intent of the Legislature that research
6 conducted by a memory disorder clinic and supported by state
7 funds pursuant to subsection (1) be applied research, be
8 service-related, and be selected in conjunction with the
9 department. Such research may address, but is not limited to,
10 diagnostic technique, therapeutic interventions, and
11 supportive services for persons suffering from Alzheimer's
12 disease and related memory disorders and their caregivers. A
13 memory disorder clinic shall conduct such research in
14 accordance with a research plan developed by the clinic which
15 establishes research objectives that are in accordance with
16 this legislative intent. A memory disorder clinic shall also
17 complete and submit to the department a report of the
18 findings, conclusions, and recommendations of completed
19 research. This subsection does not apply to those memory
20 disorder clinics at the three medical schools in the state or
21 at the major private nonprofit research-oriented teaching
22 hospital or other affiliated teaching hospital.
23 (3) The Alzheimer's Disease Advisory Committee must
24 evaluate the need for additional memory disorder clinics in
25 the state. The first report will be due by December 31, 1995.
26 (4) Pursuant to the provisions of s. 287.057, the
27 Department of Elderly Affairs may contract for the provision
28 of specialized model day care programs in conjunction with the
29 memory disorder clinics. The purpose of each model day care
30 program must be to provide service delivery to persons
31 suffering from Alzheimer's disease or a related memory
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 disorder and training for health care and social service
2 personnel in the care of persons having Alzheimer's disease or
3 related memory disorders.
4 (5) Pursuant to s. 287.057, the Department of Elderly
5 Affairs shall contract for the provision of respite care. All
6 funds appropriated for the provision of respite care shall be
7 distributed annually by the department to each funded county
8 according to an allocation formula. In developing the formula,
9 the department shall consider the number and proportion of the
10 county population of individuals who are 75 years of age and
11 older. Each respite care program shall be used as a resource
12 for research and statistical data by the memory disorder
13 clinics established in this part. In consultation with the
14 memory disorder clinics, the department shall specify the
15 information to be provided by the respite care programs for
16 research purposes.
17 (6) Each contract entered into pursuant to this
18 section must contain a requirement for a research component to
19 be completed and reported on in writing to the department
20 according to specifications and within a timeframe provided by
21 the department.
22 (7) The Agency for Health Care Administration and the
23 department shall seek a federal waiver to implement a Medicaid
24 home and community-based waiver targeted to persons with
25 Alzheimer's disease to test the effectiveness of Alzheimer's
26 specific interventions to delay or to avoid institutional
27 placement.
28 (8) The department will implement the waiver program
29 specified in subsection (7). The agency and the department
30 shall ensure that providers are selected that have a history
31 of successfully serving persons with Alzheimer's disease. The
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 department and the agency shall develop specialized standards
2 for providers and services tailored to persons in the early,
3 middle, and late stages of Alzheimer's disease and designate a
4 level of care determination process and standard that is most
5 appropriate to this population. The department and the agency
6 shall include in the waiver services designed to assist the
7 caregiver in continuing to provide in-home care. The
8 department shall implement this waiver program subject to a
9 specific appropriation or as provided in the General
10 Appropriations Act. The department and the agency shall submit
11 their program design to the President of the Senate and the
12 Speaker of the House of Representatives for consultation
13 during the development process.
14 (9) Authority to continue the waiver program specified
15 in subsection (7) shall be automatically eliminated at the
16 close of the 2008 Regular Session of the Legislature unless
17 further legislative action is taken to continue it prior to
18 such time.
19 Section 5. (1) The Florida Mental Health Institute at
20 the University of South Florida shall establish a workgroup to
21 focus on the needs of older adults who have dementia or
22 related disorders and who are subject to the Florida Mental
23 Health Act for involuntary treatment. This workgroup will
24 recommend legislation that will be designed to meet the needs
25 of those older adults whose behaviors present a risk for
26 self-harm, a risk of harm to others, or self-neglect.
27 (2) The secretary of the Department of Elderly Affairs
28 and the secretary of the Department of Children and Family
29 Services shall each appoint at least one member and not more
30 than seven members to the workgroup.
31 (3) The workgroup shall:
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 (a) Identify and address the problem of excessive and
2 inappropriate involuntary examination and placement of elders,
3 especially elders with Alzheimer's disease or related
4 disorders, by facilities.
5 (b) Evaluate the potential for involuntary placement
6 based upon additional criteria, including the history of the
7 dementia sufferer as provided by the family.
8 (c) Identify and evaluate the barriers and
9 restrictions to patient care that result from involuntary
10 placement.
11 (d) Evaluate less restrictive alternatives that can
12 meet the crisis stabilization needs of the individual with
13 dementia or related disorders.
14 (e) Review resources that potentially provide the best
15 opportunities for the older adult to return as quickly as
16 possible to his or her least restrictive environment.
17 (f) Evaluate the current curriculum used to train
18 employees of receiving facilities in how to deal with clients
19 with a diagnosis of Alzheimer's disease or a related dementia.
20 (g) Provide a summary of methods and systems used in
21 other states to serve this population.
22 (h) Recommend a dementia-specific system that would
23 provide the best opportunity for maintaining the dignity and
24 well-being of the state's older adult population.
25 (4) Members of the workgroup shall serve without
26 compensation.
27 (5) The workgroup shall submit a report to the
28 Governor, the Speaker of the House of Representatives, and the
29 President of the Senate no later than January 1, 2005. This
30 section is repealed February 1, 2005.
31 Section 6. This act shall take effect July 1, 2004.
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 CS for CS for SB 448
307-2462-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS/SB 448
3
4 - Requires certified law enforcement officers to receive
training in identification and investigation of abuse and
5 neglect either as a part of basic recruit training or
through continuing education, which must be completed by
6 June 30, 2008.
7 - Provides that an officer's certification is inactive if
he or she does not complete the training by the deadline,
8 but completion of the training allows the certification
to be reactivated.
9
- Designate a new Memory Disorder Clinic (MDC) under the
10 Alzheimer's Disease Initiative in Clearwater.
11 - Creates a workgroup at the Florida Mental Health
Institute at the University of South Florida to study the
12 use of the Florida Mental Health Act for involuntary
commitment of elderly persons who have dementia.
13
- Provides that the workgroup is to report its findings and
14 recommendations to the Legislature by January 1, 2005,
and that the workgroup is repealed effective February 1,
15 2005.
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
14
CODING: Words stricken are deletions; words underlined are additions.