Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 1344
Ì693350ÆÎ693350
LEGISLATIVE ACTION
Senate . House
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The Committee on Appropriations (Burgess) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 102 - 223
4 and insert:
5 (b) Has been convicted in any state or foreign jurisdiction
6 of abuse, neglect, or exploitation of an elderly person or a
7 disabled adult, as those terms are defined in s. 825.101.
8 (c)(b) Is mentally or physically unable to perform the
9 duties.
10 (d)(c) Is under the age of 18 years.
11 Section 3. Section 732.8031, Florida Statutes, is created
12 to read:
13 732.8031 Forfeiture for abuse, neglect, exploitation, or
14 aggravated manslaughter of an elderly person or a disabled
15 adult.—
16 (1) A surviving person who is convicted in any state or
17 foreign jurisdiction of abuse, neglect, exploitation, or
18 aggravated manslaughter of an elderly person or a disabled
19 adult, as those terms are defined in s. 825.101, for conduct
20 against the decedent or another person on whose death such
21 beneficiary’s interest depends is not entitled to any benefits
22 under the will of the decedent or the Florida Probate Code, and
23 the estate of the decedent passes as if the abuser, neglector,
24 exploiter, or killer had predeceased the decedent. Property
25 appointed by the will of the decedent to or for the benefit of
26 the abuser, neglector, exploiter, or killer passes as if the
27 abuser, neglector, exploiter, or killer had predeceased the
28 decedent.
29 (a) A final judgment of conviction for abuse, neglect,
30 exploitation, or aggravated manslaughter of the decedent or
31 other person creates a rebuttable presumption that this section
32 applies.
33 (b) In the absence of a qualifying conviction, the court
34 may determine by the greater weight of the evidence whether the
35 decedent’s or other person’s death was caused by or contributed
36 to by the abuser’s, neglector’s, exploiter’s, or killer’s
37 conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
38 for purposes of this section.
39 (2) A joint tenant who is convicted in any state or foreign
40 jurisdiction of abuse, neglect, exploitation, or aggravated
41 manslaughter of an elderly person or a disabled adult, as those
42 terms are defined in s. 825.101, for conduct against another
43 joint tenant decedent thereby effects a severance of the
44 interest of the decedent so that the share of the decedent
45 passes as the decedent’s sole property and as if the abuser,
46 neglector, exploiter, or killer has no rights by survivorship.
47 This subsection applies to joint tenancies with right of
48 survivorship and tenancies by the entirety in real and personal
49 property; joint and multiple-party accounts in banks, savings
50 and loan associations, credit unions, and other financial
51 institutions; and any other form of coownership with
52 survivorship interests.
53 (a) A final judgment of conviction for abuse, neglect,
54 exploitation, or aggravated manslaughter of the decedent or
55 other person creates a rebuttable presumption that this section
56 applies.
57 (b) In the absence of a qualifying conviction, the court
58 may determine by the greater weight of the evidence whether the
59 decedent’s or other person’s death was caused by or contributed
60 to by the abuser’s, neglector’s, exploiter’s, or killer’s
61 conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
62 for purposes of this section.
63 (3) A named beneficiary of a bond, life insurance policy,
64 or other contractual arrangement who is convicted in any state
65 or foreign jurisdiction of abuse, neglect, exploitation, or
66 aggravated manslaughter of an elderly person or a disabled
67 adult, as those terms are defined in s. 825.101, for conduct
68 against the owner or principal obligee of the bond, life
69 insurance policy, or other contractual arrangement or the person
70 upon whose life such policy was issued is not entitled to any
71 benefit under the bond, policy, or other contractual
72 arrangement, and the bond, policy, or other contractual
73 arrangement becomes payable as though the abuser, neglector,
74 exploiter, or killer had predeceased the decedent.
75 (a) A final judgment of conviction for abuse, neglect,
76 exploitation, or aggravated manslaughter of the decedent or
77 other person creates a rebuttable presumption that this section
78 applies.
79 (b) In the absence of a qualifying conviction, the court
80 may determine by the greater weight of the evidence whether the
81 decedent’s or other person’s death was caused by or contributed
82 to by the abuser’s, neglector’s, exploiter’s, or killer’s
83 conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
84 for purposes of this section.
85 (4) Any other property or interest acquired as a result of
86 the abuse, neglect, exploitation, or manslaughter must be
87 returned in accordance with this section.
88 (5)(a) This section does not affect the rights of any
89 person who purchases property for value and without notice from
90 the abuser, neglector, exploiter, or killer before rights have
91 been adjudicated in accordance with this section.
92 (b) The abuser, neglector, exploiter, or killer is liable
93 for the amount of the proceeds or the value of the property
94 under paragraph (a).
95 (6) Any insurance company, financial institution, or other
96 obligor making payment according to the terms of its policy or
97 obligation is not liable by reason of this section unless more
98 than 2 business days before payment it receives at its home
99 office or principal address written notice, or in the case of a
100 financial institution it receives notice in accordance with s.
101 655.0201, of a claim under this section.
102 (7) This section does not apply if it can be proven by
103 clear and convincing evidence that, after the conviction of
104 abuse, neglect, or exploitation, the victim of the offense, if
105 capacitated, ratifies an intent that the person so convicted of
106 abuse, neglect, or exploitation retain his or her inheritance,
107 survivorship rights, or any other right that might otherwise be
108 removed by this section by executing a valid written instrument,
109 sworn to and witnessed by two persons who would be competent as
110 witnesses to a will, which expresses a specific intent to allow
111 the convicted person to retain his or her inheritance,
112 survivorship rights, or any other right that might otherwise be
113 removed by this section.
114 Section 4. Subsection (3) is added to section 736.1104,
115 Florida Statutes, to read:
116 736.1104 Person Killer not entitled to receive property or
117 other benefits by reason of victim’s death.—
118 (3) A beneficiary of a trust who was convicted in any state
119 or foreign jurisdiction of abuse, neglect, exploitation, or
120 aggravated manslaughter of an elderly person or a disabled
121 adult, as those terms are defined in s. 825.101, for conduct
122 against a settlor or another person on whose death such
123 beneficiary’s interest depends is not entitled to any trust
124 interest, including a homestead dependent on the victim’s death,
125 and such interest shall devolve as though the abuser, neglector,
126 exploiter, or killer had predeceased the victim.
127 (a) A final judgment of conviction for abuse, neglect,
128 exploitation, or aggravated manslaughter of the decedent or
129 other person creates a rebuttable presumption that this section
130 applies.
131 (b) In the absence of a qualifying conviction, the court
132 may determine by the greater weight of the evidence whether the
133 decedent’s or other person’s death was caused by or contributed
134 to by the abuser’s, neglector’s, exploiter’s, or killer’s
135 conduct as defined in s. 825.102, s. 825.103, or s. 782.07(2)
136 for purposes of this section.
137 (c) This subsection does not apply if it can be proven by
138 clear and convincing evidence that, after the conviction of
139 abuse, neglect, or exploitation, the victim of the offense, if
140 capacitated, ratifies an intent that the person so convicted of
141 abuse, neglect, or exploitation retain a trust interest by
142 executing a valid written instrument, sworn to and witnessed by
143 two persons who would be competent as witnesses to a will, which
144 expresses a specific intent to allow the convicted person to
145 retain a trust interest.
146
147 ================= T I T L E A M E N D M E N T ================
148 And the title is amended as follows:
149 Delete line 16
150 and insert:
151 retain an inheritance, survivorship rights, or any
152 other rights if the