| 1 | A bill to be entitled |
| 2 | An act relating to protection and care of elders; amending |
| 3 | s. 825.102, F.S.; reclassifying the offense of aggravated |
| 4 | abuse of an elderly person or disabled adult from a second |
| 5 | degree felony to a first degree felony; amending s. |
| 6 | 921.0022, F.S., relating to the offense severity ranking |
| 7 | chart of the Criminal Punishment Code, to conform; |
| 8 | creating s. 943.17296, F.S., relating to training in |
| 9 | identification and investigation of elder abuse and |
| 10 | neglect for certified law enforcement officers; requiring |
| 11 | that the training be completed by a time certain; |
| 12 | providing that an officer's certification becomes inactive |
| 13 | in certain circumstances related to the failure to |
| 14 | complete the training; providing an effective date. |
| 15 |
|
| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
|
| 18 | Section 1. Subsection (2) of section 825.102, Florida |
| 19 | Statutes, is amended to read: |
| 20 | 825.102 Abuse, aggravated abuse, and neglect of an elderly |
| 21 | 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 willfully |
| 27 | and unlawfully cages, an elderly person or disabled adult; or |
| 28 | (c) Knowingly or willfully abuses an elderly person or |
| 29 | disabled adult and in so doing causes great bodily harm, |
| 30 | permanent disability, or permanent disfigurement to the elderly |
| 31 | person or disabled adult. |
| 32 |
|
| 33 | A person who commits aggravated abuse of an elderly person or |
| 34 | disabled adult commits a felony of the first second degree, |
| 35 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 36 | Section 2. Paragraph (h) of subsection (3) of section |
| 37 | 921.0022, Florida Statutes, is amended to read: |
| 38 | 921.0022 Criminal Punishment Code; offense severity |
| 39 | ranking chart.-- |
| 40 | (3) OFFENSE SEVERITY RANKING CHART |
| 41 |
|
| | |
| FloridaStatute | FelonyDegree | Description |
|
| 42 |
|
| | |
| 43 |
|
| | |
| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
|
| 44 |
|
| | |
| 316.1935(4)(b) | 1st | Aggravated fleeing or attempted eluding with serious bodily injury or death. |
|
| 45 |
|
| | |
| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
|
| 46 |
|
| | |
| 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
|
| 47 |
|
| | |
| 499.0052 | 1st | Trafficking in contraband legend drugs. |
|
| 48 |
|
| | |
| 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. |
|
| 49 |
|
| | |
| 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. |
|
| 50 |
|
| | |
| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
|
| 51 |
|
| | |
| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
|
| 52 |
|
| | |
| 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. |
|
| 53 |
|
| | |
| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
|
| 54 |
|
| | |
| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
|
| 55 |
|
| | |
| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
|
| 56 |
|
| | |
| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
|
| 57 |
|
| | |
| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
|
| 58 |
|
| | |
| 800.04(4) | 2nd | Lewd or lascivious battery. |
|
| 59 |
|
| | |
| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
|
| 60 |
|
| | |
| 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
|
| 61 |
|
| | |
| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
|
| 62 |
|
| | |
| 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
|
| 63 |
|
| | |
| 812.014(2)(a)2. | 1st | Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. |
|
| 64 |
|
| | |
| 812.13(2)(b) | 1st | Robbery with a weapon. |
|
| 65 |
|
| | |
| 812.135(2)(c) | 1st | Home-invasion robbery, no firearm, deadly weapon, or other weapon. |
|
| 66 |
|
| | |
| 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
|
| 67 |
|
| | |
| 825.102(2) | 1st 2nd | Aggravated abuse of an elderly person or disabled adult. |
|
| 68 |
|
| | |
| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
|
| 69 |
|
| | |
| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
|
| 70 |
|
| | |
| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
|
| 71 |
|
| | |
| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
|
| 72 |
|
| | |
| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
|
| 73 |
|
| | |
| 860.16 | 1st | Aircraft piracy. |
|
| 74 |
|
| | |
| 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). |
|
| 75 |
|
| | |
| 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 76 |
|
| | |
| 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
|
| 77 |
|
| | |
| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
|
| 78 |
|
| | |
| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
|
| 79 |
|
| | |
| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
|
| 80 |
|
| | |
| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
|
| 81 |
|
| | |
| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
|
| 82 |
|
| | |
| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
|
| 83 |
|
| | |
| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
|
| 84 |
|
| | |
| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
|
| 85 |
|
| | |
| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
|
| 86 |
|
| | |
| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
|
| 87 |
|
| | |
| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
|
| 88 |
|
| | |
| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
|
| 89 |
|
| | |
| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
|
| 90 |
|
| | |
| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
|
| 91 |
|
| | |
| 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. |
|
| 92 |
|
| 93 | Section 3. Section 943.17296, Florida Statutes, is created |
| 94 | to read: |
| 95 | 943.17296 Training in identification and investigation of |
| 96 | elder abuse and neglect.--Each certified law enforcement officer |
| 97 | must successfully complete training in the identification and |
| 98 | investigation of elder abuse and neglect as a part of the |
| 99 | officer's basic recruit training required in s. 943.13(9) or |
| 100 | continuing training or education required under s. 943.135(1) |
| 101 | before June 30, 2008. The training shall be developed in |
| 102 | consultation with the Department of Elderly Affairs and must |
| 103 | incorporate instruction on identification of and appropriate |
| 104 | responses to persons suffering from dementia and on the |
| 105 | identification and investigation of elder abuse and neglect. If |
| 106 | an officer fails to meet the training requirements, his or her |
| 107 | certification shall become inactive until the employing agency |
| 108 | notifies the commission that the officer has completed the |
| 109 | training. |
| 110 | Section 4. This act shall take effect July 1, 2005. |