Florida Senate - 2023 SB 232
By Senator Garcia
36-00641A-23 2023232__
1 A bill to be entitled
2 An act relating to the exploitation of vulnerable
3 persons; creating s. 817.5695, F.S.; defining terms;
4 specifying conditions under which a person commits
5 exploitation of a person 65 years of age or older;
6 providing criminal penalties for violations of the
7 act; providing circumstances under which the trial for
8 a criminal action arising from specified violations
9 may be advanced on the docket; authorizing persons who
10 are in imminent danger of exploitation to petition for
11 an injunction for protection; specifying applicable
12 penalties for violations of any such injunction;
13 amending s. 775.15, F.S.; providing time limitations
14 for commencing prosecution for violations of the act;
15 providing an exception for the time limitations for
16 commencing prosecution for certain felony violations
17 involving elderly persons or disabled adults if
18 certain conditions are met; amending s. 921.0022,
19 F.S.; ranking specified offenses created by the act
20 involving the exploitation of a person 65 years of age
21 or older on the offense severity ranking chart of the
22 Criminal Punishment Code; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 817.5695, Florida Statutes, is created
27 to read:
28 817.5695 Exploitation of a person 65 years of age or
29 older.—
30 (1) As used in this section, the term:
31 (a) “Bribe” means any money or anything of value which is
32 provided, directly or indirectly, to a person who has a legal or
33 fiduciary relationship with a person 65 years of age or older,
34 for the purpose of improperly obtaining or rewarding favorable
35 treatment from the person who has the legal or fiduciary
36 relationship in connection with his or her work for the person
37 65 years of age or older.
38 (b) “Deception” means:
39 1. Misrepresenting or concealing a material fact relating
40 to:
41 a. Services rendered, disposition of property, or use of
42 property, when such services or property are intended to benefit
43 a person 65 years of age or older;
44 b. Terms of a contract, agreement, trust, will, or
45 testament entered into with a person 65 years of age or older;
46 or
47 c. An existing or preexisting condition of any property
48 involved in a contract, agreement, trust, will, or testament
49 entered into with a person 65 years of age or older; or
50 2. Using any misrepresentation, false pretense, or false
51 promise in order to induce, encourage, or solicit a person 65
52 years of age or older to enter into a contract, agreement,
53 trust, will, or testament.
54 (c) “Endeavor” means to attempt or to try.
55 (d) “Fiduciary relationship” includes, but is not limited
56 to, a court-appointed or voluntary guardian, trustee, attorney,
57 or conservator.
58 (e) “Intimidation” means the communication by word or act
59 to a person 65 years of age or older that the person will be
60 deprived of food, nutrition, clothing, shelter, supervision,
61 medicine, medical services, money, or financial support or will
62 suffer physical violence.
63 (f) “Kickback” means money, credit, a fee, a commission, a
64 gift, a gratuity or other compensation, or anything of value
65 which is provided to a person in exchange for preferential
66 treatment for the receipt of goods or services.
67 (g) “Obtains or uses” means any manner of:
68 1. Taking or exercising control over property; or
69 2. Making any use, disposition, or transfer of property.
70 (h) “Property” means anything of value and includes, but is
71 not limited to:
72 1. Real property, including things growing on, affixed to,
73 or found in land.
74 2. Tangible or intangible personal property, including
75 intellectual property, rights, privileges, interests, and
76 claims.
77 3. Services.
78 (i) “Services” means anything of value resulting from a
79 person’s physical or mental labor or skill, or from the use,
80 possession, or presence of property, and includes, but is not
81 limited to:
82 1. Repairs or improvements to property;
83 2. Professional services;
84 3. Private, public, or governmental communication,
85 transportation, power, water, or sanitation services;
86 4. Lodging accommodations; or
87 5. Admissions to places of exhibition or entertainment.
88 (j) “Value” means value determined according to any of the
89 following:
90 1. The market value of the property at the time and place
91 of the offense, or, if the market value cannot be satisfactorily
92 ascertained, the value is the cost of replacing the property
93 within a reasonable time after the commission of the offense;
94 2. In the case of a written instrument, such as a check,
95 draft, or promissory note, which does not have a readily
96 ascertainable market value, the value is the amount due or
97 collectible. The value of any other instrument that creates,
98 releases, discharges, or otherwise affects any valuable legal
99 right, privilege, or obligation is the greatest amount of
100 economic loss that the owner of the instrument might reasonably
101 suffer by the diminishment or loss of the instrument;
102 3. The value of a trade secret that does not have a readily
103 ascertainable market value is any reasonable value representing
104 the damage to the owner suffered by reason of losing advantage
105 over those who do not know of or use the trade secret; or
106 4. If the value of the property cannot be ascertained, the
107 trier of fact may find the value to be not less than a certain
108 amount; if no such minimum value can be ascertained, the value
109 is an amount less than $100.
110
111 Amounts of value of separate properties involved in exploitation
112 committed pursuant to one scheme or course of conduct, whether
113 the exploitation involves the same person or several persons,
114 may be aggregated in determining the degree of the offense.
115 (2) A person commits exploitation of a person 65 years of
116 age or older if he or she:
117 (a) Obtains or uses, endeavors to obtain or use, or
118 conspires with another to obtain or use, through deception or
119 intimidation, the property of a person 65 years of age or older,
120 with the intent to temporarily or permanently:
121 1. Deprive that person of the use, benefit, or possession
122 of the property; or
123 2. Benefit someone other than the property owner.
124 (b) Obtains or uses, endeavors to obtain or use, or
125 conspires with another to obtain or use, through deception or
126 intimidation, the property of a person 65 years of age or older
127 by violating his or her intent as expressed in a will, trust
128 instrument, or other testamentary devise and the individual has
129 a fiduciary duty to the person 65 years of age or older; or
130 (c) Deprives, endeavors to deprive, or conspires with
131 another to deprive, with the intent to defraud and by means of
132 bribery or kickbacks, a person 65 years of age or older of his
133 or her intangible right to honest services provided by an
134 individual who has a legal or fiduciary relationship with such
135 person.
136 (3) A person who violates this section commits:
137 (a) A felony of the first degree, punishable as provided in
138 s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, or
139 property involved in the exploitation of a person 65 years of
140 age or older is valued at $50,000 or more.
141 (b) A felony of the second degree, punishable as provided
142 in s. 775.082, s. 775.083, or s. 775.084, if the funds, assets,
143 or property involved in the exploitation of a person 65 years of
144 age or older is valued at $10,000 or more, but less than
145 $50,000.
146 (c) A felony of the third degree, punishable as provided in
147 s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, or
148 property involved in the exploitation of a person 65 years of
149 age or older is valued at less than $10,000.
150 (4) In a criminal action resulting from a violation of this
151 section, the state may move the court to advance the trial on
152 the docket. The presiding judge, after consideration of the age
153 and health of the victim, may advance the trial on the docket.
154 The motion may be filed and served with the information or
155 charges at any time thereafter.
156 (5) Notwithstanding s. 825.1035(2), a person 65 years of
157 age or older who is in imminent danger of being exploited may
158 petition for an injunction for protection as provided under s.
159 825.1035. A violation of such injunction shall be handled in the
160 same manner, and such violation shall have the same penalties,
161 as provided in s. 825.1036.
162 Section 2. Subsection (10) of section 775.15, Florida
163 Statutes, is amended to read:
164 775.15 Time limitations; general time limitations;
165 exceptions.—
166 (10)(a) A prosecution for a felony violation of s.
167 817.5695, s. 825.102, or s. 825.103 must be commenced within 5
168 years after it is committed.
169 (b) If the period prescribed in paragraph (a) has expired,
170 a prosecution may nevertheless be commenced for any offense, a
171 material element of which is either fraud or a breach of
172 fiduciary obligation, within 5 years after discovery of the
173 offense by an aggrieved party or by a person who has a legal
174 duty to represent an aggrieved party and who is not a party to
175 the offense.
176 Section 3. Paragraphs (c) and (e) of subsection (3) of
177 section 921.0022, Florida Statutes, are amended to read:
178 921.0022 Criminal Punishment Code; offense severity ranking
179 chart.—
180 (3) OFFENSE SEVERITY RANKING CHART
181 (c) LEVEL 3
182
183 FloridaStatute FelonyDegree Description
184 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
185 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
186 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
187 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
188 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
189 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
190 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
191 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
192 327.35(2)(b) 3rd Felony BUI.
193 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
194 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
195 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
196 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
197 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
198 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
199 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
200 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
201 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
202 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
203 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
204 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
205 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
206 697.08 3rd Equity skimming.
207 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
208 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
209 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
210 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
211 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
212 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
213 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
214 812.081(2) 3rd Theft of a trade secret.
215 815.04(4)(b) 2nd Computer offense devised to defraud or obtain property.
216 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
217 817.233 3rd Burning to defraud insurer.
218 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
219 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
220 817.236 3rd Filing a false motor vehicle insurance application.
221 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
222 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
223 817.49(2)(b)1. 3rd Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
224 817.5695(3)(c) 3rd Exploiting a person 65 years of age or older and funds, assets, or property is valued at less than $10,000.
225 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
226 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
227 836.13(2) 3rd Person who promotes an altered sexual depiction of an identifiable person without consent.
228 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
229 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
230 860.15(3) 3rd Overcharging for repairs and parts.
231 870.01(2) 3rd Riot.
232 870.01(4) 3rd Inciting a riot.
233 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
234 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
235 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
236 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
237 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
238 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
239 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
240 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
241 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
242 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
243 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
244 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
245 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
246 918.13(1) 3rd Tampering with or fabricating physical evidence.
247 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
248 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
249 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
250 (e) LEVEL 5
251
252 FloridaStatute FelonyDegree Description
253 316.027(2)(a) 3rd Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
254 316.1935(4)(a) 2nd Aggravated fleeing or eluding.
255 316.80(2) 2nd Unlawful conveyance of fuel; obtaining fuel fraudulently.
256 322.34(6) 3rd Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
257 327.30(5) 3rd Vessel accidents involving personal injury; leaving scene.
258 379.365(2)(c)1. 3rd Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
259 379.367(4) 3rd Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
260 379.407(5)(b)3. 3rd Possession of 100 or more undersized spiny lobsters.
261 381.0041(11)(b) 3rd Donate blood, plasma, or organs knowing HIV positive.
262 440.10(1)(g) 2nd Failure to obtain workers’ compensation coverage.
263 440.105(5) 2nd Unlawful solicitation for the purpose of making workers’ compensation claims.
264 440.381(2) 3rd Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
265 624.401(4)(b)2. 2nd Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
266 626.902(1)(c) 2nd Representing an unauthorized insurer; repeat offender.
267 790.01(2) 3rd Carrying a concealed firearm.
268 790.162 2nd Threat to throw or discharge destructive device.
269 790.163(1) 2nd False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
270 790.221(1) 2nd Possession of short-barreled shotgun or machine gun.
271 790.23 2nd Felons in possession of firearms, ammunition, or electronic weapons or devices.
272 796.05(1) 2nd Live on earnings of a prostitute; 1st offense.
273 800.04(6)(c) 3rd Lewd or lascivious conduct; offender less than 18 years of age.
274 800.04(7)(b) 2nd Lewd or lascivious exhibition; offender 18 years of age or older.
275 806.111(1) 3rd Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
276 812.0145(2)(b) 2nd Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
277 812.015 (8)(a) & (c)-(e) 3rd Retail theft; property stolen is valued at $750 or more and one or more specified acts.
278 812.015(8)(f) 3rd Retail theft; multiple thefts within specified period.
279 812.019(1) 2nd Stolen property; dealing in or trafficking in.
280 812.081(3) 2nd Trafficking in trade secrets.
281 812.131(2)(b) 3rd Robbery by sudden snatching.
282 812.16(2) 3rd Owning, operating, or conducting a chop shop.
283 817.034(4)(a)2. 2nd Communications fraud, value $20,000 to $50,000.
284 817.234(11)(b) 2nd Insurance fraud; property value $20,000 or more but less than $100,000.
285 817.2341(1), (2)(a) & (3)(a) 3rd Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
286 817.568(2)(b) 2nd Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
287 817.5695(3)(b) 2nd Exploiting a person 65 years of age or older and funds, assets, or property is valued at $10,000 or more, but less than $50,000.
288 817.611(2)(a) 2nd Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
289 817.625(2)(b) 2nd Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
290 825.1025(4) 3rd Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
291 827.071(4) 2nd Possess with intent to promote any photographic material, motion picture, etc., which includes child pornography.
292 827.071(5) 3rd Possess, control, or intentionally view any photographic material, motion picture, etc., which includes child pornography.
293 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
294 836.14(4) 2nd Person who willfully promotes for financial gain a sexually explicit image of an identifiable person without consent.
295 839.13(2)(b) 2nd Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
296 843.01 3rd Resist officer with violence to person; resist arrest with violence.
297 847.0135(5)(b) 2nd Lewd or lascivious exhibition using computer; offender 18 years or older.
298 847.0137 (2) & (3) 3rd Transmission of pornography by electronic device or equipment.
299 847.0138 (2) & (3) 3rd Transmission of material harmful to minors to a minor by electronic device or equipment.
300 874.05(1)(b) 2nd Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
301 874.05(2)(a) 2nd Encouraging or recruiting person under 13 years of age to join a criminal gang.
302 893.13(1)(a)1. 2nd Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
303 893.13(1)(c)2. 2nd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
304 893.13(1)(d)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
305 893.13(1)(e)2. 2nd Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
306 893.13(1)(f)1. 1st Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
307 893.13(4)(b) 2nd Use or hire of minor; deliver to minor other controlled substance.
308 893.1351(1) 3rd Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
309 Section 4. This act shall take effect October 1, 2023.