1 | A bill to be entitled |
2 | An act relating to protection of elderly persons and |
3 | disabled adults; providing a short title; amending ss. |
4 | 784.08, 812.0145, 825.102, 825.1025, and 825.103, F.S.; |
5 | providing for designation of certain offenders as "elder |
6 | predators" or "disabled adult predators" for specified |
7 | purposes; creating s. 943.0425, F.S.; providing for the |
8 | creation of a publicly accessible Internet database of |
9 | elder predators and disabled adult predators; providing |
10 | requirements for the database; providing immunity from |
11 | civil damages for certain good faith actions relating to |
12 | the database; providing a presumption of good faith in |
13 | specified circumstances; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. This act may be cited as the "Elderly Person |
18 | and Disabled Adult Protection Act of 2007." |
19 | Section 2. Subsection (4) is added to section 784.08, |
20 | Florida Statutes, to read: |
21 | 784.08 Assault or battery on persons 65 years of age or |
22 | older; reclassification of offenses; minimum sentence.-- |
23 | (4) An individual whose offense is reclassified under this |
24 | section shall be designated as an "elder predator" for purposes |
25 | of s. 943.0425. |
26 | Section 3. Subsection (3) is added to section 812.0145, |
27 | Florida Statutes, to read: |
28 | 812.0145 Theft from persons 65 years of age or older; |
29 | reclassification of offenses.-- |
30 | (3) An individual whose offense is reclassified under this |
31 | section shall be designated as an "elder predator" for purposes |
32 | of s. 943.0425. |
33 | Section 4. Subsection (4) is added to section 825.102, |
34 | Florida Statutes, to read: |
35 | 825.102 Abuse, aggravated abuse, and neglect of an elderly |
36 | person or disabled adult; penalties.-- |
37 | (4)(a) An individual whose offense against an elderly |
38 | person is reclassified under this section shall be designated as |
39 | an "elder predator" for purposes of s. 943.0425. |
40 | (b) An individual whose offense against a disabled adult |
41 | is reclassified under this section shall be designated as a |
42 | "disabled adult predator" for purposes of s. 943.0425. |
43 | Section 5. Subsection (5) is added to section 825.1025, |
44 | Florida Statutes, to read: |
45 | 825.1025 Lewd or lascivious offenses committed upon or in |
46 | the presence of an elderly person or disabled person.-- |
47 | (5)(a) An individual whose offense against an elderly |
48 | person is reclassified under this section shall be designated as |
49 | an "elder predator" for purposes of s. 943.0425. |
50 | (b) An individual whose offense against a disabled person |
51 | is reclassified under this section shall be designated as a |
52 | "disabled adult predator" for purposes of s. 943.0425. |
53 | Section 6. Subsection (3) is added to section 825.103, |
54 | Florida Statutes, to read: |
55 | 825.103 Exploitation of an elderly person or disabled |
56 | adult; penalties.-- |
57 | (3)(a) An individual whose offense against an elderly |
58 | person is reclassified under this section shall be designated as |
59 | an "elder predator" for purposes of s. 943.0425. |
60 | (b) An individual whose offense against a disabled adult |
61 | is reclassified under this section shall be designated as a |
62 | "disabled adult predator" for purposes of s. 943.0425. |
63 | Section 7. Section 943.0425, Florida Statutes, is created |
64 | to read: |
65 | 943.0425 Elderly and disabled adult predator database.-- |
66 | (1) The department shall make identification, case, and |
67 | criminal history information for individuals designated as elder |
68 | predators or disabled adult predators available to the public |
69 | through an Internet database. The database shall be searchable |
70 | by the public and shall include the capability of searching for |
71 | offenders by zip code. |
72 | (2) The database shall not allow the public to access |
73 | information that is confidential and exempt from public |
74 | disclosure under s. 119.07(1) and s. 24(a), Art. I of the State |
75 | Constitution. |
76 | (3) The department, its personnel, and any individual or |
77 | entity acting at the request or upon the direction of the |
78 | department are immune from civil liability for damages for good |
79 | faith compliance with this section and will be presumed to have |
80 | acted in good faith by reporting information. The presumption of |
81 | good faith is not overcome if technical or clerical errors are |
82 | made by the department, its personnel, or any individual or |
83 | entity acting at the request or upon the direction of the |
84 | department in reporting the information; if the department and |
85 | its personnel are unable to report information because the |
86 | information has not been provided or reported by a person or |
87 | agency required to provide or report the information to the |
88 | department; or if the department, its personnel, or any |
89 | individual or entity acting at the request or upon the direction |
90 | of the department reports information that was falsely reported |
91 | without the knowledge of the department, its personnel, or such |
92 | individual or entity. |
93 | Section 8. This act shall take effect October 1, 2007. |