Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 232
Ì942216ÈÎ942216
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/13/2023 .
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The Committee on Criminal Justice (Garcia) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 123 - 308
4 and insert:
5 2. Benefit someone other than the property owner;
6 (b) Obtains or uses, endeavors to obtain or use, or
7 conspires with another to obtain or use, through deception or
8 intimidation, the property of a person 65 years of age or older
9 through the intentional modification, alteration, or fraudulent
10 creation of a plan of distribution or disbursement expressed in
11 a will, trust instrument, or other testamentary devise of the
12 person 65 years of age or older; or
13 (c) Deprives, endeavors to deprive, or conspires with
14 another to deprive, with the intent to defraud and by means of
15 bribery or kickbacks, a person 65 years of age or older of his
16 or her intangible right to honest services provided by an
17 individual who has a legal or fiduciary relationship with such
18 person.
19 (3) A person who violates this section commits:
20 (a) A felony of the first degree, punishable as provided in
21 s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, or
22 property involved in the exploitation of a person 65 years of
23 age or older is valued at $50,000 or more.
24 (b) A felony of the second degree, punishable as provided
25 in s. 775.082, s. 775.083, or s. 775.084, if the funds, assets,
26 or property involved in the exploitation of a person 65 years of
27 age or older is valued at $10,000 or more, but less than
28 $50,000.
29 (c) A felony of the third degree, punishable as provided in
30 s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, or
31 property involved in the exploitation of a person 65 years of
32 age or older is valued at less than $10,000.
33 (4) It does not constitute a defense to a prosecution for
34 any violation of this section that the accused did not know the
35 age of the victim.
36 (5) In a criminal action resulting from a violation of this
37 section, the state may move the court to advance the trial on
38 the docket. The presiding judge, after consideration of the age
39 and health of the victim, may advance the trial on the docket.
40 The motion may be filed and served with the information or
41 charges at any time thereafter.
42 (6) Notwithstanding s. 825.1035(2), a person 65 years of
43 age or older who is in imminent danger of being exploited may
44 petition for an injunction for protection as provided under s.
45 825.1035. A violation of such injunction shall be handled in the
46 same manner, and such violation shall have the same penalties,
47 as provided in s. 825.1036.
48 Section 2. Subsection (10) of section 775.15, Florida
49 Statutes, is amended to read:
50 775.15 Time limitations; general time limitations;
51 exceptions.—
52 (10)(a) A prosecution for a felony violation of s.
53 817.5695, s. 825.102, or s. 825.103 must be commenced within 5
54 years after it is committed.
55 (b) If the period prescribed in paragraph (a) has expired,
56 a prosecution may nevertheless be commenced for any offense, a
57 material element of which is either fraud or a breach of
58 fiduciary obligation, within 5 years after discovery of the
59 offense by an aggrieved party or by a person who has a legal
60 duty to represent an aggrieved party and who is not a party to
61 the offense.
62 Section 3. Subsection (1) of section 825.1035, Florida
63 Statutes, is amended to read:
64 825.1035 Injunction for protection against exploitation of
65 a vulnerable adult.—
66 (1) INJUNCTION CREATED.—There is created a cause of action
67 for an injunction for protection against exploitation of a
68 vulnerable adult. As used in this section, and in addition to
69 the definitions provided in this chapter, exploitation of a
70 vulnerable adult includes a person 65 years of age or older who
71 is or may be subject to exploitation as described in s.
72 817.5695.
73 Section 4. Subsection (1) of section 825.1036, Florida
74 Statutes, is amended to read:
75 825.1036 Violation of an injunction for protection against
76 exploitation of a vulnerable adult.—
77 (1) In the event of a violation of an injunction for
78 protection against exploitation of a vulnerable adult when the
79 person who violated such injunction has not been arrested, the
80 petitioner may contact the clerk of the circuit court of the
81 county in which the violation is alleged to have occurred. The
82 clerk of the circuit court shall assist the petitioner in the
83 preparation of an affidavit in support of the violation or
84 direct the petitioner to the office operated by the court within
85 the circuit which has been designated by the chief judge of the
86 judicial circuit as the central intake point for injunction
87 violations and where the petitioner can receive assistance in
88 the preparation of the affidavit in support of the violation. As
89 used in this section, and in addition to the definitions
90 provided in this chapter, exploitation of a vulnerable adult
91 includes a person 65 years of age or older who is or may be
92 subject to exploitation as described in s. 817.5695.
93 Section 5. Paragraphs (d) and (f) of subsection (3) of
94 section 921.0022, Florida Statutes, are amended to read:
95 921.0022 Criminal Punishment Code; offense severity ranking
96 chart.—
97 (3) OFFENSE SEVERITY RANKING CHART
98 (d) LEVEL 4
99
100 FloridaStatute FelonyDegree Description
101 316.1935(3)(a) 2nd 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.
102 499.0051(1) 3rd Failure to maintain or deliver transaction history, transaction information, or transaction statements.
103 499.0051(5) 2nd Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
104 517.07(1) 3rd Failure to register securities.
105 517.12(1) 3rd Failure of dealer, associated person, or issuer of securities to register.
106 784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, etc.
107 784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
108 784.075 3rd Battery on detention or commitment facility staff.
109 784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
110 784.08(2)(c) 3rd Battery on a person 65 years of age or older.
111 784.081(3) 3rd Battery on specified official or employee.
112 784.082(3) 3rd Battery by detained person on visitor or other detainee.
113 784.083(3) 3rd Battery on code inspector.
114 784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
115 787.03(1) 3rd Interference with custody; wrongly takes minor from appointed guardian.
116 787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
117 787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
118 787.07 3rd Human smuggling.
119 790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
120 790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
121 790.115(2)(c) 3rd Possessing firearm on school property.
122 794.051(1) 3rd Indecent, lewd, or lascivious touching of certain minors.
123 800.04(7)(c) 3rd Lewd or lascivious exhibition; offender less than 18 years.
124 806.135 2nd Destroying or demolishing a memorial or historic property.
125 810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
126 810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
127 810.06 3rd Burglary; possession of tools.
128 810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
129 812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
130 812.014 (2)(c)4.-10. 3rd Grand theft, 3rd degree; specified items.
131 812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
132 817.505(4)(a) 3rd Patient brokering.
133 817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
134 817.568(2)(a) 3rd Fraudulent use of personal identification information.
135 817.5695(3)(c) 3rd Exploitation of person 65 years of age or older, value less than $10,000.
136 817.625(2)(a) 3rd Fraudulent use of scanning device, skimming device, or reencoder.
137 817.625(2)(c) 3rd Possess, sell, or deliver skimming device.
138 828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
139 836.14(2) 3rd Person who commits theft of a sexually explicit image with intent to promote it.
140 836.14(3) 3rd Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
141 837.02(1) 3rd Perjury in official proceedings.
142 837.021(1) 3rd Make contradictory statements in official proceedings.
143 838.022 3rd Official misconduct.
144 839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
145 839.13(2)(c) 3rd Falsifying records of the Department of Children and Families.
146 843.021 3rd Possession of a concealed handcuff key by a person in custody.
147 843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
148 843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
149 847.0135(5)(c) 3rd Lewd or lascivious exhibition using computer; offender less than 18 years.
150 870.01(3) 2nd Aggravated rioting.
151 870.01(5) 2nd Aggravated inciting a riot.
152 874.05(1)(a) 3rd Encouraging or recruiting another to join a criminal gang.
153 893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)5. drugs).
154 914.14(2) 3rd Witnesses accepting bribes.
155 914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
156 914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
157 916.1085 (2)(c)1. 3rd Introduction of specified contraband into certain DCF facilities.
158 918.12 3rd Tampering with jurors.
159 934.215 3rd Use of two-way communications device to facilitate commission of a crime.
160 944.47(1)(a)6. 3rd Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
161 951.22(1)(h), (j) & (k) 3rd Intoxicating drug, instrumentality or other device to aid escape, or cellular telephone or other portable communication device introduced into county detention facility.
162
163 (f) LEVEL 6
164
165 FloridaStatute FelonyDegree Description
166 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
167 316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
168 400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
169 499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
170 499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
171 499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
172 775.0875(1) 3rd Taking firearm from law enforcement officer.
173 784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
174 784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
175 784.041 3rd Felony battery; domestic battery by strangulation.
176 784.048(3) 3rd Aggravated stalking; credible threat.
177 784.048(5) 3rd Aggravated stalking of person under 16.
178 784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
179 784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
180 784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
181 784.081(2) 2nd Aggravated assault on specified official or employee.
182 784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
183 784.083(2) 2nd Aggravated assault on code inspector.
184 787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
185 790.115(2)(d) 2nd Discharging firearm or weapon on school property.
186 790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
187 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
188 790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
189 794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
190 794.05(1) 2nd Unlawful sexual activity with specified minor.
191 800.04(5)(d) 3rd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years of age; offender less than 18 years.
192 800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
193 806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
194 810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
195 810.145(8)(b) 2nd Video voyeurism; certain minor victims; 2nd or subsequent offense.
196 812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
197 812.014(6) 2nd Theft; property stolen $3,000 or more; coordination of others.
198 812.015(9)(a) 2nd Retail theft; property stolen $750 or more; second or subsequent conviction.
199 812.015(9)(b) 2nd Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
200 812.015(9)(d) 2nd Retail theft; multiple thefts within specified period.
201 812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
202 817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
203 817.49(2)(b)2. 2nd Willful making of a false report of a crime resulting in death.
204 817.505(4)(b) 2nd Patient brokering; 10 or more patients.
205 817.5695(3)(b) 2nd Exploitation of person 65 years of age or older, value more than $10,000 but less than $50,000.
206 825.102(1) 3rd Abuse of an elderly person or disabled adult.
207 825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
208 825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
209 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
210 827.03(2)(c) 3rd Abuse of a child.
211 827.03(2)(d) 3rd Neglect of a child.
212 827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
213 828.126(3) 3rd Sexual activities involving animals.
214 836.05 2nd Threats; extortion.
215 836.10 2nd Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
216 843.12 3rd Aids or assists person to escape.
217 847.011 3rd Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
218 847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
219 847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
220 914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
221 918.13(2)(b) 2nd Tampering with or fabricating physical evidence relating to a capital felony.
222 944.35(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.
223 944.40 2nd Escapes.
224 944.46 3rd Harboring, concealing, aiding escaped prisoners.
225 944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
226 951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
227
228
229 ================= T I T L E A M E N D M E N T ================
230 And the title is amended as follows:
231 Delete lines 7 - 21
232 and insert:
233 act; specifying that not knowing the age of a victim
234 is not a defense to such crime; providing
235 circumstances under which the trial for a criminal
236 action arising from specified violations may be
237 advanced on the docket; authorizing persons who are in
238 imminent danger of exploitation to petition for an
239 injunction for protection; specifying applicable
240 penalties for violations of any such injunction;
241 amending s. 775.15, F.S.; providing time limitations
242 for commencing prosecution for violations of the act;
243 providing an exception for the time limitations for
244 commencing prosecution for certain felony violations
245 involving elderly persons or disabled adults if
246 certain conditions are met; amending ss. 825.1035 and
247 825.1036, F.S.; specifying that certain acts are
248 included in exploitation of a vulnerable adult;
249 amending s. 921.0022, F.S.; ranking certain offenses
250 created by this act on the offense severity ranking
251 chart of the