Senate Bill sb0378

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    Florida Senate - 2006                                   SB 378

    By Senator Margolis





    35-430-06

  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 training on

11         identifying and investigating elder abuse for

12         certified law enforcement officers; requiring

13         that the training be completed by a time

14         certain; providing that an officer's

15         certification becomes inactive in certain

16         circumstances related to the failure to

17         complete the training; providing an effective

18         date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Subsection (2) of section 825.102, Florida

23  Statutes, is amended to read:

24         825.102  Abuse, aggravated abuse, and neglect of an

25  elderly person or disabled adult; penalties.--

26         (2)  "Aggravated abuse of an elderly person or disabled

27  adult" occurs when a person:

28         (a)  Commits aggravated battery on an elderly person or

29  disabled adult;

30  

31  

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    Florida Senate - 2006                                   SB 378
    35-430-06




 1         (b)  Willfully tortures, maliciously punishes, or

 2  willfully and unlawfully cages, an elderly person or disabled

 3  adult; or

 4         (c)  Knowingly or willfully abuses an elderly person or

 5  disabled adult and in so doing causes great bodily harm,

 6  permanent disability, or permanent disfigurement to the

 7  elderly person or disabled adult.

 8  

 9  A person who commits aggravated abuse of an elderly person or

10  disabled adult commits a felony of the first second degree,

11  punishable as provided in s. 775.082, s. 775.083, or s.

12  775.084.

13         Section 2.  Paragraph (h) of subsection (3) of section

14  921.0022, Florida Statutes, is amended to read:

15         921.0022  Criminal Punishment Code; offense severity

16  ranking chart.--

17         (3)  OFFENSE SEVERITY RANKING CHART

18  

19  Florida           Felony

20  Statute           Degree             Description

21  

22                     

23                              (h)  LEVEL 8

24  316.193

25   (3)(c)3.a.        2nd      DUI manslaughter.

26  316.1935(4)(b)     1st      Aggravated fleeing or attempted

27                              eluding with serious bodily

28                              injury or death.

29  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

30  499.0051(7)        1st      Forgery of prescription or legend

31                              drug labels.

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    Florida Senate - 2006                                   SB 378
    35-430-06




 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  

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    Florida Senate - 2006                                   SB 378
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 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  812.014(2)(a)2.    1st      Property stolen; cargo valued at

26                              $50,000 or more, grand theft in

27                              1st degree.

28  812.13(2)(b)       1st      Robbery with a weapon.

29  812.135(2)(c)      1st      Home-invasion robbery, no

30                              firearm, deadly weapon, or other

31                              weapon.

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    Florida Senate - 2006                                   SB 378
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 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  

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    Florida Senate - 2006                                   SB 378
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 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  

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    Florida Senate - 2006                                   SB 378
    35-430-06




 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  

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    Florida Senate - 2006                                   SB 378
    35-430-06




 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  Training in identification and investigation

10  of elder abuse and neglect.--Each certified law enforcement

11  officer must successfully complete training on identifying and

12  investigating elder abuse and neglect as a part of the

13  officer's basic recruit training required in s. 943.13(9) or

14  continuing education under s. 943.135(1) before June 30, 2009.

15  The training shall be developed in consultation with the

16  Department of Elderly Affairs and must incorporate instruction

17  on identification of and appropriate responses for persons

18  suffering from dementia and on identifying and investigating

19  elder abuse and neglect. If an officer fails to meet the

20  required training, his or her certification shall become

21  inactive until the employing agency notifies the commission

22  that the officer has completed the training.

23         Section 4.  This act shall take effect July 1, 2006.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Reclassifies the offense of aggravated abuse of an
      elderly person or disabled adult from a second-degree
28    felony to a first-degree felony. Requires each certified
      law enforcement officer to complete training regarding
29    the identification and investigation of elder abuse by a
      specified time. Provides that an officer's certification
30    becomes inactive in certain circumstances if he or she
      fails to timely complete the training.
31  

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