Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 588
Ì786638UÎ786638
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/18/2014 .
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recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (24) of section
6 90.803, Florida Statutes, is amended to read:
7 90.803 Hearsay exceptions; availability of declarant
8 immaterial.—The provision of s. 90.802 to the contrary
9 notwithstanding, the following are not inadmissible as evidence,
10 even though the declarant is available as a witness:
11 (24) HEARSAY EXCEPTION; STATEMENT OF ELDERLY PERSON OR
12 DISABLED ADULT.—
13 (a) Unless the source of information or the method or
14 circumstances by which the statement is reported indicates a
15 lack of trustworthiness, an out-of-court statement made by an
16 elderly person or disabled adult, as defined in s. 825.101,
17 describing any act of abuse or neglect, any act of exploitation,
18 the offense of battery or aggravated battery or assault or
19 aggravated assault or sexual battery, or any other violent act
20 on the declarant elderly person or disabled adult, not otherwise
21 admissible, is admissible in evidence in any civil or criminal
22 proceeding if:
23 1. The court finds in a hearing conducted outside the
24 presence of the jury that the time, content, and circumstances
25 of the statement provide sufficient safeguards of reliability.
26 In making its determination, the court may consider the mental
27 and physical age and maturity of the elderly person or disabled
28 adult, the nature and duration of the abuse or offense, the
29 relationship of the victim to the offender, the reliability of
30 the assertion, the reliability of the elderly person or disabled
31 adult, and any other factor deemed appropriate; and
32 2. The elderly person or disabled adult either:
33 a. Testifies; or
34 b. is unavailable as a witness, provided that there is
35 corroborative evidence of the abuse or offense. Unavailability
36 shall include a finding by the court that the elderly person’s
37 or disabled adult’s participation in the trial or proceeding
38 would result in a substantial likelihood of severe emotional,
39 mental, or physical harm, in addition to findings pursuant to s.
40 90.804(1).
41 Section 2. Subsections (6) and (7) of section 817.568,
42 Florida Statutes, are amended to read:
43 817.568 Criminal use of personal identification
44 information.—
45 (6) Any person who willfully and without authorization
46 fraudulently uses personal identification information concerning
47 an individual who is younger less than 18 years of age or 60
48 years of age or older without first obtaining the consent of
49 that individual or of his or her legal guardian commits a felony
50 of the second degree, punishable as provided in s. 775.082, s.
51 775.083, or s. 775.084.
52 (7) Any person who is in the relationship of parent or
53 legal guardian, or who otherwise exercises custodial authority
54 over an individual who is younger less than 18 years of age or
55 60 years of age or older, who willfully and fraudulently uses
56 personal identification information of that individual commits a
57 felony of the second degree, punishable as provided in s.
58 775.082, s. 775.083, or s. 775.084.
59 Section 3. Subsections (2), (3), and (8) of section
60 825.101, Florida Statutes, are amended to read:
61 825.101 Definitions.—As used in this chapter:
62 (2) “Caregiver” means a person who has been entrusted with
63 or has assumed responsibility for the care or the property of an
64 elderly person or disabled adult. “Caregiver” includes, but is
65 not limited to, relatives, court-appointed or voluntary
66 guardians, adult household members, neighbors, health care
67 providers, and employees and volunteers of facilities as defined
68 in subsection (6) (7).
69 (3) “Deception” means:
70 (a) Misrepresenting or concealing a material fact relating
71 to:
72 1. Services rendered, disposition of property, or use of
73 property, when such services or property are intended to benefit
74 an elderly person or disabled adult;
75 2. Terms of a contract or agreement entered into with an
76 elderly person or disabled adult; or
77 3. An existing or preexisting condition of any property
78 involved in a contract or agreement entered into with an elderly
79 person or disabled adult; or
80 (b) Using any misrepresentation, false pretense, or false
81 promise in order to induce, encourage, or solicit an elderly
82 person or disabled adult to enter into a contract or agreement.
83 (8) “Intimidation” means the communication by word or act
84 to an elderly person or disabled adult that the elderly person
85 or disabled adult will be deprived of food, nutrition, clothing,
86 shelter, supervision, medicine, medical services, money, or
87 financial support or will suffer physical violence.
88 Section 4. Section 825.103, Florida Statutes, is amended to
89 read:
90 825.103 Exploitation of an elderly person or disabled
91 adult; penalties.—
92 (1) “Exploitation of an elderly person or disabled adult”
93 means:
94 (a) Knowingly, by deception or intimidation, obtaining or
95 using, or endeavoring to obtain or use, an elderly person’s or
96 disabled adult’s funds, assets, or property with the intent to
97 temporarily or permanently deprive the elderly person or
98 disabled adult of the use, benefit, or possession of the funds,
99 assets, or property, or to benefit someone other than the
100 elderly person or disabled adult, by a person who:
101 1. Stands in a position of trust and confidence with the
102 elderly person or disabled adult; or
103 2. Has a business relationship with the elderly person or
104 disabled adult;
105 (b) Obtaining or using, endeavoring to obtain or use, or
106 conspiring with another to obtain or use an elderly person’s or
107 disabled adult’s funds, assets, or property with the intent to
108 temporarily or permanently deprive the elderly person or
109 disabled adult of the use, benefit, or possession of the funds,
110 assets, or property, or to benefit someone other than the
111 elderly person or disabled adult, by a person who knows or
112 reasonably should know that the elderly person or disabled adult
113 lacks the capacity to consent; or
114 (c) Breach of a fiduciary duty to an elderly person or
115 disabled adult by the person’s guardian or agent under a power
116 of attorney which results in an unauthorized appropriation,
117 sale, or transfer of property. An unauthorized appropriation
118 under this paragraph occurs when the elderly person or disabled
119 adult does not receive the reasonably equivalent financial value
120 in goods or services, or when the fiduciary violates any of
121 these duties:
122 1. For agents appointed under chapter 709:
123 a. Committing fraud in obtaining their appointments;
124 b. Abusing their powers;
125 c. Wasting, embezzling, or intentionally mismanaging the
126 assets of the ward or beneficiary of the trust; or
127 d. Acting contrary to the principal’s sole benefit or best
128 interest.
129 2. For guardians and trustees appointed under chapter 736
130 or chapter 744:
131 a. Committing fraud in obtaining their appointments;
132 b. Abusing their powers; or
133 c. Wasting, embezzling, or intentionally mismanaging the
134 assets of the ward or beneficiary of the trust.
135 (d) Misappropriating, misusing, or transferring without
136 authorization money belonging to an elderly person or disabled
137 adult from an account in which the elderly person or disabled
138 adult placed the funds, owned the funds, and was the sole
139 contributor or payee of the funds before the misappropriation,
140 misuse, or unauthorized transfer. This paragraph only applies to
141 the following types of accounts:
142 1. Personal accounts;
143 2. Joint accounts created with the intent that only the
144 elderly person or disabled adult enjoys all rights, interests,
145 and claims to moneys deposited into such account; or
146 3. Convenience accounts created in accordance with s.
147 655.80.
148 (e) Intentionally or negligently failing to effectively use
149 an elderly person’s or disabled adult’s income and assets for
150 the necessities required for that person’s support and
151 maintenance, by a caregiver or a person who stands in a position
152 of trust and confidence with the elderly person or disabled
153 adult.
154 (2) Any inter vivos transfer of money or property valued in
155 excess of $10,000 at the time of the transfer, whether in a
156 single transaction or multiple transactions, by a person age 65
157 or older to a nonrelative whom the transferor knew for fewer
158 than 2 years before the first transfer and for which the
159 transferor did not receive the reasonably equivalent financial
160 value in goods or services creates a permissive presumption that
161 the transfer was the result of exploitation.
162 (a) This subsection applies regardless of whether the
163 transfer or transfers are denoted by the parties as a gift or
164 loan, except that it does not apply to a valid loan evidenced in
165 writing that includes definite repayment dates. However, if
166 repayment of any such loan is in default, in whole or in part,
167 for more than 65 days, the presumption of this subsection
168 applies.
169 (b) This subsection does not apply to:
170 1. Persons who are in the business of making loans.
171 2. Bona fide charitable donations to nonprofit
172 organizations that qualify for tax exempt status under the
173 Internal Revenue Code.
174 (c) In a criminal case to which this subsection applies, if
175 the trial is by jury, jurors shall be instructed that they may,
176 but are not required to, draw an inference of exploitation upon
177 proof beyond a reasonable doubt of the facts listed in this
178 subsection. The presumption of this subsection imposes no burden
179 of proof on the defendant.
180 (3)(2)(a) If the funds, assets, or property involved in the
181 exploitation of the elderly person or disabled adult is valued
182 at $50,000 $100,000 or more, the offender commits a felony of
183 the first degree, punishable as provided in s. 775.082, s.
184 775.083, or s. 775.084.
185 (b) If the funds, assets, or property involved in the
186 exploitation of the elderly person or disabled adult is valued
187 at $10,000 $20,000 or more, but less than $50,000 $100,000, the
188 offender commits a felony of the second degree, punishable as
189 provided in s. 775.082, s. 775.083, or s. 775.084.
190 (c) If the funds, assets, or property involved in the
191 exploitation of an elderly person or disabled adult is valued at
192 less than $10,000 $20,000, the offender commits a felony of the
193 third degree, punishable as provided in s. 775.082, s. 775.083,
194 or s. 775.084.
195 (4) If a person is charged with financial exploitation of
196 an elderly person or disabled adult that involves the taking of
197 or loss of property valued at more than $5,000 and property
198 belonging to a victim is seized from the defendant pursuant to a
199 search warrant, the court shall hold an evidentiary hearing and
200 determine, by a preponderance of the evidence, whether the
201 defendant unlawfully obtained the victim’s property. If the
202 court finds that the property was unlawfully obtained, the court
203 may order it returned to the victim for restitution purposes
204 before trial on the charge. This determination is inadmissible
205 in evidence at trial on the charge and does not give rise to any
206 inference that the defendant has committed an offense under this
207 section.
208 Section 5. Paragraph (a) of subsection (5) of section
209 775.0844, Florida Statutes, is amended to read:
210 775.0844 White Collar Crime Victim Protection Act.—
211 (5) Any person who commits an aggravated white collar crime
212 as defined in this section and in so doing either:
213 (a) Victimizes 10 or more elderly persons, as defined in s.
214 825.101(5);
215
216 and thereby obtains or attempts to obtain $50,000 or more,
217 commits a felony of the first degree, punishable as provided in
218 s. 775.082, s. 775.083, or s. 775.084.
219 Section 6. Paragraphs (f), (g), and (h) of subsection (3)
220 of section 921.0022, Florida Statutes, are amended to read:
221 921.0022 Criminal Punishment Code; offense severity ranking
222 chart.—
223 (3) OFFENSE SEVERITY RANKING CHART
224 (f) LEVEL 6
225
226 FloridaStatute FelonyDegree Description
227 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
228 499.0051(3) 2nd Knowing forgery of pedigree papers.
229 499.0051(4) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
230 499.0051(5) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
231 775.0875(1) 3rd Taking firearm from law enforcement officer.
232 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
233 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
234 784.041 3rd Felony battery; domestic battery by strangulation.
235 784.048(3) 3rd Aggravated stalking; credible threat.
236 784.048(5) 3rd Aggravated stalking of person under 16.
237 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
238 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
239 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
240 784.081(2) 2nd Aggravated assault on specified official or employee.
241 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
242 784.083(2) 2nd Aggravated assault on code inspector.
243 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
244 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
245 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
246 790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
247 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
248 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
249 794.05(1) 2nd Unlawful sexual activity with specified minor.
250 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
251 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
252 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
253 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
254 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
255 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
256 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
257 812.015(9)(a) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
258 812.015(9)(b) 2nd Retail theft; property stolen $3,000 or more; coordination of others.
259 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
260 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
261 825.102(1) 3rd Abuse of an elderly person or disabled adult.
262 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
263 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
264 825.103(3)(c) 825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000 $20,000.
265 827.03(2)(c) 3rd Abuse of a child.
266 827.03(2)(d) 3rd Neglect of a child.
267 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
268 836.05 2nd Threats; extortion.
269 836.10 2nd Written threats to kill or do bodily injury.
270 843.12 3rd Aids or assists person to escape.
271 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
272 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
273 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
274 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
275 944.35(3)(a)2. 3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
276 944.40 2nd Escapes.
277 944.46 3rd Harboring, concealing, aiding escaped prisoners.
278 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
279 951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
280 (g) LEVEL 7
281
282
283 FloridaStatute FelonyDegree Description
284 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
285 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
286 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
287 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
288 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
289 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
290 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
291 456.065(2) 3rd Practicing a health care profession without a license.
292 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
293 458.327(1) 3rd Practicing medicine without a license.
294 459.013(1) 3rd Practicing osteopathic medicine without a license.
295 460.411(1) 3rd Practicing chiropractic medicine without a license.
296 461.012(1) 3rd Practicing podiatric medicine without a license.
297 462.17 3rd Practicing naturopathy without a license.
298 463.015(1) 3rd Practicing optometry without a license.
299 464.016(1) 3rd Practicing nursing without a license.
300 465.015(2) 3rd Practicing pharmacy without a license.
301 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
302 467.201 3rd Practicing midwifery without a license.
303 468.366 3rd Delivering respiratory care services without a license.
304 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
305 483.901(9) 3rd Practicing medical physics without a license.
306 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
307 484.053 3rd Dispensing hearing aids without a license.
308 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
309 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
310 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
311 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
312 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver’s license or identification card; other registration violations.
313 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
314 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
315 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
316 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
317 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
318 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
319 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
320 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
321 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
322 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
323 784.048(7) 3rd Aggravated stalking; violation of court order.
324 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
325 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
326 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
327 784.081(1) 1st Aggravated battery on specified official or employee.
328 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
329 784.083(1) 1st Aggravated battery on code inspector.
330 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
331 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
332 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
333 790.16(1) 1st Discharge of a machine gun under specified circumstances.
334 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
335 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
336 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
337 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
338 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
339 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
340 796.03 2nd Procuring any person under 16 years for prostitution.
341 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
342 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
343 806.01(2) 2nd Maliciously damage structure by fire or explosive.
344 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
345 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
346 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
347 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
348 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
349 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
350 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
351 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
352 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
353 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
354 812.131(2)(a) 2nd Robbery by sudden snatching.
355 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
356 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
357 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
358 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
359 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
360 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
361 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
362 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
363 825.103(3)(b) 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 $20,000 or more, but less than $50,000 $100,000.
364 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
365 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
366 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
367 838.015 2nd Bribery.
368 838.016 2nd Unlawful compensation or reward for official behavior.
369 838.021(3)(a) 2nd Unlawful harm to a public servant.
370 838.22 2nd Bid tampering.
371 843.0855(2) 3rd Impersonation of a public officer or employee.
372 843.0855(3) 3rd Unlawful simulation of legal process.
373 843.0855(4) 3rd Intimidation of a public officer or employee.
374 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
375 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
376 872.06 2nd Abuse of a dead human body.
377 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
378 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
379 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
380 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
381 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
382 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
383 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
384 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
385 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
386 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
387 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
388 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
389 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
390 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
391 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
392 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
393 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
394 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
395 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
396 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
397 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
398 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
399 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
400 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
401 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
402 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
403 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
404 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
405 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
406 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
407 (h) LEVEL 8
408
409
410 FloridaStatute FelonyDegree Description
411 316.193 (3)(c)3.a. 2nd DUI manslaughter.
412 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
413 327.35(3)(c)3. 2nd Vessel BUI manslaughter.
414 499.0051(7) 1st Knowing trafficking in contraband prescription drugs.
415 499.0051(8) 1st Knowing forgery of prescription labels or prescription drug labels.
416 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
417 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
418 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
419 777.03(2)(a) 1st Accessory after the fact, capital felony.
420 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
421 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
422 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
423 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
424 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity.
425 787.06(3)(c) 1st Human trafficking using coercion for labor and services of an unauthorized alien.
426 787.06(3)(f) 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any individual from outside Florida to within the state.
427 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
428 794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
429 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
430 800.04(4) 2nd Lewd or lascivious battery.
431 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
432 810.02(2)(a) 1st,PBL Burglary with assault or battery.
433 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
434 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
435 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
436 812.13(2)(b) 1st Robbery with a weapon.
437 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
438 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
439 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
440 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
441 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
442 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
443 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
444 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
445 825.103(3)(a) 825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 $100,000 or more.
446 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
447 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
448 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
449 860.16 1st Aircraft piracy.
450 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
451 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
452 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
453 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
454 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
455 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
456 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
457 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
458 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
459 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
460 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
461 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
462 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
463 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
464 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
465 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
466 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
467 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
468 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
469 Section 7. For the purpose of incorporating the amendment
470 made by this act to section 825.103, Florida Statutes, in a
471 reference thereto, subsection (1) of section 772.11, Florida
472 Statutes, is reenacted to read:
473 772.11 Civil remedy for theft or exploitation.—
474 (1) Any person who proves by clear and convincing evidence
475 that he or she has been injured in any fashion by reason of any
476 violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of
477 action for threefold the actual damages sustained and, in any
478 such action, is entitled to minimum damages in the amount of
479 $200, and reasonable attorney’s fees and court costs in the
480 trial and appellate courts. Before filing an action for damages
481 under this section, the person claiming injury must make a
482 written demand for $200 or the treble damage amount of the
483 person liable for damages under this section. If the person to
484 whom a written demand is made complies with such demand within
485 30 days after receipt of the demand, that person shall be given
486 a written release from further civil liability for the specific
487 act of theft or exploitation by the person making the written
488 demand. Any person who has a cause of action under this section
489 may recover the damages allowed under this section from the
490 parents or legal guardian of any unemancipated minor who lives
491 with his or her parents or legal guardian and who is liable for
492 damages under this section. Punitive damages may not be awarded
493 under this section. The defendant is entitled to recover
494 reasonable attorney’s fees and court costs in the trial and
495 appellate courts upon a finding that the claimant raised a claim
496 that was without substantial fact or legal support. In awarding
497 attorney’s fees and costs under this section, the court may not
498 consider the ability of the opposing party to pay such fees and
499 costs. This section does not limit any right to recover
500 attorney’s fees or costs provided under any other law.
501 Section 8. This act shall take effect October 1, 2014.
502
503 ================= T I T L E A M E N D M E N T ================
504 And the title is amended as follows:
505 Delete everything before the enacting clause
506 and insert:
507 A bill to be entitled
508 An act relating to offenses against vulnerable
509 persons; amending s. 90.803, F.S.; revising when an
510 out-of-court statement by an elderly person or
511 disabled adult is admissible in certain proceedings;
512 amending s. 817.568, F.S.; expanding applicability of
513 prohibition on the fraudulent use of personal
514 identification information of specified victims
515 without consent to include persons 60 years of age or
516 older; amending s. 825.101, F.S.; revising and
517 deleting definitions; amending s. 825.103, F.S.;
518 deleting a requirement that property of an elderly
519 person or disabled adult be obtained by deception or
520 intimidation in order to constitute exploitation of
521 such a person; specifying additional circumstances
522 that constitute a breach of a fiduciary duty and
523 specifying when an unauthorized appropriation occurs;
524 creating a presumption that certain inter vivos
525 transfers are a result of exploitation; providing
526 exceptions; providing for jury instructions concerning
527 the presumption; revising the valuation of funds,
528 assets, or property involved for various degrees of
529 offenses of exploitation of an elderly person or
530 disabled adult; providing for return of property
531 seized from a defendant to the victim before trial in
532 certain circumstances; amending ss. 775.0844 and
533 921.0022, F.S.; conforming provisions to changes made
534 by the act; reenacting s. 772.11(1), F.S., relating to
535 a civil remedy for theft or exploitation, to
536 incorporate the amendments made by the act to s.
537 825.103, F.S., in a reference thereto; providing an
538 effective date.