HB 21

1
A bill to be entitled
2An act relating to elderly persons and disabled adults;
3amending s. 825.102, F.S.; reclassifying the offense of
4aggravated abuse of an elderly person or disabled adult as
5a first degree felony; amending s. 921.0022, F.S.,
6relating to the offense severity ranking chart of the
7Criminal Punishment Code, to conform; creating s.
8943.17296, F.S., relating to training on identifying and
9investigating elder abuse for certified law enforcement
10officers; requiring that the training be completed by a
11time certain; providing that an officer's certification
12becomes inactive in certain circumstances related to the
13failure to complete the training; providing an effective
14date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Subsection (2) of section 825.102, Florida
19Statutes, is amended to read:
20     825.102  Abuse, aggravated abuse, and neglect of an elderly
21person or disabled adult; penalties.--
22     (2)  "Aggravated abuse of an elderly person or disabled
23adult" occurs when a person:
24     (a)  Commits aggravated battery on an elderly person or
25disabled adult;
26     (b)  Willfully tortures, maliciously punishes, or willfully
27and unlawfully cages, an elderly person or disabled adult; or
28     (c)  Knowingly or willfully abuses an elderly person or
29disabled adult and in so doing causes great bodily harm,
30permanent disability, or permanent disfigurement to the elderly
31person or disabled adult.
32
33A person who commits aggravated abuse of an elderly person or
34disabled adult commits a felony of the first second degree,
35punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
36     Section 2.  Paragraph (h) of subsection (3) of section
37921.0022, Florida Statutes, is amended to read:
38     921.0022  Criminal Punishment Code; offense severity
39ranking chart.--
40     (3)  OFFENSE SEVERITY RANKING CHART
 
FloridaStatuteFelonyDegreeDescription
41
 


(h)  LEVEL 8
42
 
316.193(3)(c)3.a.2ndDUI manslaughter.
43
 
316.1935(4)(b)1stAggravated fleeing or attempted eluding with serious bodily injury or death.
44
 
327.35(3)(c)3.2ndVessel BUI manslaughter.
45
 
499.0051(7)1stForgery of prescription or legend drug labels.
46
 
499.00521stTrafficking in contraband legend drugs.
47
 
560.123(8)(b)2.2ndFailure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
48
 
560.125(5)(b)2ndMoney transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
49
 
655.50(10)(b)2.2ndFailure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
50
 
777.03(2)(a)1stAccessory after the fact, capital felony.
51
 
782.04(4)2ndKilling 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.
52
 
782.051(2)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
53
 
782.071(1)(b)1stCommitting vehicular homicide and failing to render aid or give information.
54
 
782.072(2)1stCommitting vessel homicide and failing to render aid or give information.
55
 
790.161(3)1stDischarging a destructive device which results in bodily harm or property damage.
56
 
794.011(5)2ndSexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
57
 
800.04(4)2ndLewd or lascivious battery.
58
 
806.01(1)1stMaliciously damage dwelling or structure by fire or explosive, believing person in structure.
59
 
810.02(2)(a)1st,PBLBurglary with assault or battery.
60
 
810.02(2)(b)1st,PBLBurglary; armed with explosives or dangerous weapon.
61
 
810.02(2)(c)1stBurglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
62
 
812.014(2)(a)2.1stProperty stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
63
 
812.13(2)(b)1stRobbery with a weapon.
64
 
812.135(2)(c)1stHome-invasion robbery, no firearm, deadly weapon, or other weapon.
65
 
817.568(6)2ndFraudulent use of personal identification information of an individual under the age of 18.
66
 
825.102(2)1st 2ndAggravated abuse of an elderly person or disabled adult.
67
 
825.1025(2)2ndLewd or lascivious battery upon an elderly person or disabled adult.
68
 
825.103(2)(a)1stExploiting an elderly person or disabled adult and property is valued at $100,000 or more.
69
 
837.02(2)2ndPerjury in official proceedings relating to prosecution of a capital felony.
70
 
837.021(2)2ndMaking contradictory statements in official proceedings relating to prosecution of a capital felony.
71
 
860.121(2)(c)1stShooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
72
 
860.161stAircraft piracy.
73
 
893.13(1)(b)1stSell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
74
 
893.13(2)(b)1stPurchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
75
 
893.13(6)(c)1stPossess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
76
 
893.135(1)(a)2.1stTrafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
77
 
893.135(1)(b)1.b.1stTrafficking in cocaine, more than 200 grams, less than 400 grams.
78
 
893.135(1)(c)1.b.1stTrafficking in illegal drugs, more than 14 grams, less than 28 grams.
79
 
893.135(1)(d)1.b.1stTrafficking in phencyclidine, more than 200 grams, less than 400 grams.
80
 
893.135(1)(e)1.b.1stTrafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
81
 
893.135(1)(f)1.b.1stTrafficking in amphetamine, more than 28 grams, less than 200 grams.
82
 
893.135(1)(g)1.b.1stTrafficking in flunitrazepam, 14 grams or more, less than 28 grams.
83
 
893.135(1)(h)1.b.1stTrafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
84
 
893.135(1)(j)1.b.1stTrafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
85
 
893.135(1)(k)2.b.1stTrafficking in Phenethylamines, 200 grams or more, less than 400 grams.
86
 
895.03(1)1stUse or invest proceeds derived from pattern of racketeering activity.
87
 
895.03(2)1stAcquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
88
 
895.03(3)1stConduct or participate in any enterprise through pattern of racketeering activity.
89
 
896.101(5)(b)2ndMoney laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
90
 
896.104(4)(a)2.2ndStructuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
91
92     Section 3.  Section 943.17296, Florida Statutes, is created
93to read:
94     943.17296  Training in identification and investigation of
95elder abuse and neglect.--Each certified law enforcement officer
96must successfully complete training on identifying and
97investigating elder abuse and neglect as a part of the officer's
98basic recruit training required in s. 943.13(9) or continuing
99education under s. 943.135(1) before June 30, 2010. The training
100shall be developed in consultation with the Department of
101Elderly Affairs and the Department of Children and Family
102Services and must incorporate instruction on identification of
103and appropriate responses for persons suffering from dementia
104and on identifying and investigating elder abuse and neglect. If
105an officer fails to meet the required training, his or her
106certification shall become inactive until the employing agency
107notifies the commission that the officer has completed the
108training.
109     Section 4.  This act shall take effect July 1, 2007.


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