ENROLLED

2008 LegislatureSB 366

2008366er

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An act relating to elderly persons and disabled adults;

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amending s. 825.102, F.S.; reclassifying the offense of

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aggravated abuse of an elderly person or disabled adult

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from a second-degree felony to a first-degree felony;

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amending s. 921.0022, F.S., relating to the offense

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severity ranking chart of the Criminal Punishment Code, to

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conform; creating s. 943.17296, F.S., relating to training

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on identifying and investigating elder abuse for certified

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law enforcement officers; requiring that the training be

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completed by a time certain; providing that an officer's

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certification becomes inactive in certain circumstances

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related to the failure to complete the training; providing

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an effective date.

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

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

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Statutes, is amended to read:

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     825.102  Abuse, aggravated abuse, and neglect of an elderly

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person or disabled adult; penalties.--

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

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adult" occurs when a person:

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     (a)  Commits aggravated battery on an elderly person or

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disabled adult;

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     (b)  Willfully tortures, maliciously punishes, or willfully

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and unlawfully cages, an elderly person or disabled adult; or

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     (c)  Knowingly or willfully abuses an elderly person or

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disabled adult and in so doing causes great bodily harm,

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permanent disability, or permanent disfigurement to the elderly

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person or disabled adult.

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A person who commits aggravated abuse of an elderly person or

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disabled adult commits a felony of the first second degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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

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921.0022, Florida Statutes, is amended to read:

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     921.0022  Criminal Punishment Code; offense severity ranking

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chart.--

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     (3)  OFFENSE SEVERITY RANKING CHART

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     (h)  LEVEL 8

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FloridaStatuteFelonyDegreeDescription

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316.193(3)(c)3.a.2ndDUI manslaughter.

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316.1935(4)(b)1stAggravated fleeing or attempted eluding with serious bodily injury or death.

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327.35(3)(c)3.2ndVessel BUI manslaughter.

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499.0051(7)1stForgery of prescription or legend drug labels.

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499.00521stTrafficking in contraband legend drugs.

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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.

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560.125(5)(b)2ndMoney transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.

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655.50(10)(b)2.2ndFailure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.

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777.03(2)(a)1stAccessory after the fact, capital felony.

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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.

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782.051(2)1stAttempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).

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782.071(1)(b)1stCommitting vehicular homicide and failing to render aid or give information.

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782.072(2)1stCommitting vessel homicide and failing to render aid or give information.

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790.161(3)1stDischarging a destructive device which results in bodily harm or property damage.

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794.011(5)2ndSexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.

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794.08(3)2ndFemale genital mutilation, removal of a victim younger than 18 years of age from this state.

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800.04(4)2ndLewd or lascivious battery.

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806.01(1)1stMaliciously damage dwelling or structure by fire or explosive, believing person in structure.

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810.02(2)(a)1st,PBLBurglary with assault or battery.

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810.02(2)(b)1st,PBLBurglary; armed with explosives or dangerous weapon.

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810.02(2)(c)1stBurglary of a dwelling or structure causing structural damage or $1,000 or more property damage.

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812.014(2)(a)2.1stProperty stolen; cargo valued at $50,000 or more, grand theft in 1st degree.

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812.13(2)(b)1stRobbery with a weapon.

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812.135(2)(c)1stHome-invasion robbery, no firearm, deadly weapon, or other weapon.

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817.568(6)2ndFraudulent use of personal identification information of an individual under the age of 18.

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825.102(2)1st2ndAggravated abuse of an elderly person or disabled adult.

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825.1025(2)2ndLewd or lascivious battery upon an elderly person or disabled adult.

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825.103(2)(a)1stExploiting an elderly person or disabled adult and property is valued at $100,000 or more.

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837.02(2)2ndPerjury in official proceedings relating to prosecution of a capital felony.

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837.021(2)2ndMaking contradictory statements in official proceedings relating to prosecution of a capital felony.

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860.121(2)(c)1stShooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.

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860.161stAircraft piracy.

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893.13(1)(b)1stSell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

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893.13(2)(b)1stPurchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

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893.13(6)(c)1stPossess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

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893.135(1)(a)2.1stTrafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.

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893.135(1)(b)1.b.1stTrafficking in cocaine, more than 200 grams, less than 400 grams.

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893.135(1)(c)1.b.1stTrafficking in illegal drugs, more than 14 grams, less than 28 grams.

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893.135(1)(d)1.b.1stTrafficking in phencyclidine, more than 200 grams, less than 400 grams.

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893.135(1)(e)1.b.1stTrafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.

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893.135(1)(f)1.b.1stTrafficking in amphetamine, more than 28 grams, less than 200 grams.

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893.135(1)(g)1.b.1stTrafficking in flunitrazepam, 14 grams or more, less than 28 grams.

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893.135(1)(h)1.b.1stTrafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.

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893.135(1)(j)1.b.1stTrafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.

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893.135(1)(k)2.b.1stTrafficking in Phenethylamines, 200 grams or more, less than 400 grams.

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895.03(1)1stUse or invest proceeds derived from pattern of racketeering activity.

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895.03(2)1stAcquire or maintain through racketeering activity any interest in or control of any enterprise or real property.

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895.03(3)1stConduct or participate in any enterprise through pattern of racketeering activity.

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896.101(5)(b)2ndMoney laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.

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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.

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     Section 3.  Section 943.17296, Florida Statutes, is created

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to read:

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     943.17296 Training in identifying and investigating elder

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abuse and neglect.--Each certified law enforcement officer must

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successfully complete training on identifying and investigating

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elder abuse and neglect as a part of the basic recruit training

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of the officer required in s. 943.13(9) or continuing education

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under s. 943.135(1) before June 30, 2011. The training shall be

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developed in consultation with the Department of Elderly Affairs

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and the Department of Children and Family Services and must

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incorporate instruction on the identification of and appropriate

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responses for persons suffering from dementia and on identifying

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and investigating elder abuse and neglect. If an officer fails to

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complete the required training, his or her certification is

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inactive until the employing agency notifies the commission that

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the officer has completed the training.

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     Section 4.  This act shall take effect July 1, 2008.

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