HB 173

1
A bill to be entitled
2An act relating to protection of elderly persons and
3disabled adults; providing a short title; amending ss.
4784.08, 812.0145, 825.102, 825.1025, and 825.103, F.S.;
5providing for designation of certain offenders as "elder
6predators" or "disabled adult predators" for specified
7purposes; creating s. 943.0425, F.S.; providing for the
8creation of a publicly accessible Internet database of
9elder predators and disabled adult predators; providing
10requirements for the database; providing immunity from
11civil damages for certain good faith actions relating to
12the database; providing a presumption of good faith in
13specified circumstances; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  This act may be cited as the "Elderly Person
18and Disabled Adult Protection Act of 2007."
19     Section 2.  Subsection (4) is added to section 784.08,
20Florida Statutes, to read:
21     784.08  Assault or battery on persons 65 years of age or
22older; reclassification of offenses; minimum sentence.--
23     (4)  An individual whose offense is reclassified under this
24section shall be designated as an "elder predator" for purposes
25of s. 943.0425.
26     Section 3.  Subsection (3) is added to section 812.0145,
27Florida Statutes, to read:
28     812.0145  Theft from persons 65 years of age or older;
29reclassification of offenses.--
30     (3)  An individual whose offense is reclassified under this
31section shall be designated as an "elder predator" for purposes
32of s. 943.0425.
33     Section 4.  Subsection (4) is added to section 825.102,
34Florida Statutes, to read:
35     825.102  Abuse, aggravated abuse, and neglect of an elderly
36person or disabled adult; penalties.--
37     (4)(a)  An individual whose offense against an elderly
38person is reclassified under this section shall be designated as
39an "elder predator" for purposes of s. 943.0425.
40     (b)  An individual whose offense against a disabled adult
41is 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,
44Florida Statutes, to read:
45     825.1025  Lewd or lascivious offenses committed upon or in
46the presence of an elderly person or disabled person.--
47     (5)(a)  An individual whose offense against an elderly
48person is reclassified under this section shall be designated as
49an "elder predator" for purposes of s. 943.0425.
50     (b)  An individual whose offense against a disabled person
51is 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,
54Florida Statutes, to read:
55     825.103  Exploitation of an elderly person or disabled
56adult; penalties.--
57     (3)(a)  An individual whose offense against an elderly
58person is reclassified under this section shall be designated as
59an "elder predator" for purposes of s. 943.0425.
60     (b)  An individual whose offense against a disabled adult
61is 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
64to read:
65     943.0425  Elderly and disabled adult predator database.--
66     (1)  The department shall make identification, case, and
67criminal history information for individuals designated as elder
68predators or disabled adult predators available to the public
69through an Internet database. The database shall be searchable
70by the public and shall include the capability of searching for
71offenders by zip code.
72     (2)  The database shall not allow the public to access
73information that is confidential and exempt from public
74disclosure under s. 119.07(1) and s. 24(a), Art. I of the State
75Constitution.
76     (3)  The department, its personnel, and any individual or
77entity acting at the request or upon the direction of the
78department are immune from civil liability for damages for good
79faith compliance with this section and will be presumed to have
80acted in good faith by reporting information. The presumption of
81good faith is not overcome if technical or clerical errors are
82made by the department, its personnel, or any individual or
83entity acting at the request or upon the direction of the
84department in reporting the information; if the department and
85its personnel are unable to report information because the
86information has not been provided or reported by a person or
87agency required to provide or report the information to the
88department; or if the department, its personnel, or any
89individual or entity acting at the request or upon the direction
90of the department reports information that was falsely reported
91without the knowledge of the department, its personnel, or such
92individual or entity.
93     Section 8.  This act shall take effect October 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.