Florida Senate - 2023                              CS for SB 232
       
       
        
       By the Committee on Criminal Justice; and Senator Garcia
       
       
       
       
       
       591-02498-23                                           2023232c1
    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; specifying that not knowing the age of a victim
    8         is not a defense to such crime; providing
    9         circumstances under which the trial for a criminal
   10         action arising from specified violations may be
   11         advanced on the docket; authorizing persons who are in
   12         imminent danger of exploitation to petition for an
   13         injunction for protection; specifying applicable
   14         penalties for violations of any such injunction;
   15         amending s. 775.15, F.S.; providing time limitations
   16         for commencing prosecution for violations of the act;
   17         providing an exception for the time limitations for
   18         commencing prosecution for certain felony violations
   19         involving elderly persons or disabled adults if
   20         certain conditions are met; amending ss. 825.1035 and
   21         825.1036, F.S.; specifying that certain acts are
   22         included in exploitation of a vulnerable adult;
   23         amending s. 921.0022, F.S.; ranking certain offenses
   24         created by this act on the offense severity ranking
   25         chart of the Criminal Punishment Code; providing an
   26         effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 817.5695, Florida Statutes, is created
   31  to read:
   32         817.5695 Exploitation of a person 65 years of age or
   33  older.—
   34         (1) As used in this section, the term:
   35         (a)“Bribe” means any money or anything of value which is
   36  provided, directly or indirectly, to a person who has a legal or
   37  fiduciary relationship with a person 65 years of age or older,
   38  for the purpose of improperly obtaining or rewarding favorable
   39  treatment from the person who has the legal or fiduciary
   40  relationship in connection with his or her work for the person
   41  65 years of age or older.
   42         (b) “Deception” means:
   43         1. Misrepresenting or concealing a material fact relating
   44  to:
   45         a. Services rendered, disposition of property, or use of
   46  property, when such services or property are intended to benefit
   47  a person 65 years of age or older;
   48         b. Terms of a contract, agreement, trust, will, or
   49  testament entered into with a person 65 years of age or older;
   50  or
   51         c. An existing or preexisting condition of any property
   52  involved in a contract, agreement, trust, will, or testament
   53  entered into with a person 65 years of age or older; or
   54         2. Using any misrepresentation, false pretense, or false
   55  promise in order to induce, encourage, or solicit a person 65
   56  years of age or older to enter into a contract, agreement,
   57  trust, will, or testament.
   58         (c) “Endeavor” means to attempt or to try.
   59         (d) “Fiduciary relationship” includes, but is not limited
   60  to, a court-appointed or voluntary guardian, trustee, attorney,
   61  or conservator.
   62         (e) “Intimidation” means the communication by word or act
   63  to a person 65 years of age or older that the person will be
   64  deprived of food, nutrition, clothing, shelter, supervision,
   65  medicine, medical services, money, or financial support or will
   66  suffer physical violence.
   67         (f) “Kickback” means money, credit, a fee, a commission, a
   68  gift, a gratuity or other compensation, or anything of value
   69  which is provided to a person in exchange for preferential
   70  treatment for the receipt of goods or services.
   71         (g) “Obtains or uses” means any manner of:
   72         1. Taking or exercising control over property; or
   73         2. Making any use, disposition, or transfer of property.
   74         (h) “Property” means anything of value and includes, but is
   75  not limited to:
   76         1. Real property, including things growing on, affixed to,
   77  or found in land.
   78         2. Tangible or intangible personal property, including
   79  intellectual property, rights, privileges, interests, and
   80  claims.
   81         3. Services.
   82         (i) “Services” means anything of value resulting from a
   83  person’s physical or mental labor or skill, or from the use,
   84  possession, or presence of property, and includes, but is not
   85  limited to:
   86         1. Repairs or improvements to property;
   87         2. Professional services;
   88         3. Private, public, or governmental communication,
   89  transportation, power, water, or sanitation services;
   90         4. Lodging accommodations; or
   91         5. Admissions to places of exhibition or entertainment.
   92         (j) “Value” means value determined according to any of the
   93  following:
   94         1. The market value of the property at the time and place
   95  of the offense, or, if the market value cannot be satisfactorily
   96  ascertained, the value is the cost of replacing the property
   97  within a reasonable time after the commission of the offense;
   98         2. In the case of a written instrument, such as a check,
   99  draft, or promissory note, which does not have a readily
  100  ascertainable market value, the value is the amount due or
  101  collectible. The value of any other instrument that creates,
  102  releases, discharges, or otherwise affects any valuable legal
  103  right, privilege, or obligation is the greatest amount of
  104  economic loss that the owner of the instrument might reasonably
  105  suffer by the diminishment or loss of the instrument;
  106         3. The value of a trade secret that does not have a readily
  107  ascertainable market value is any reasonable value representing
  108  the damage to the owner suffered by reason of losing advantage
  109  over those who do not know of or use the trade secret; or
  110         4. If the value of the property cannot be ascertained, the
  111  trier of fact may find the value to be not less than a certain
  112  amount; if no such minimum value can be ascertained, the value
  113  is an amount less than $100.
  114  
  115  Amounts of value of separate properties involved in exploitation
  116  committed pursuant to one scheme or course of conduct, whether
  117  the exploitation involves the same person or several persons,
  118  may be aggregated in determining the degree of the offense.
  119         (2) A person commits exploitation of a person 65 years of
  120  age or older if he or she:
  121         (a) Obtains or uses, endeavors to obtain or use, or
  122  conspires with another to obtain or use, through deception or
  123  intimidation, the property of a person 65 years of age or older,
  124  with the intent to temporarily or permanently:
  125         1. Deprive that person of the use, benefit, or possession
  126  of the property; or
  127         2. Benefit someone other than the property owner;
  128         (b) Obtains or uses, endeavors to obtain or use, or
  129  conspires with another to obtain or use, through deception or
  130  intimidation, the property of a person 65 years of age or older
  131  through the intentional modification, alteration, or fraudulent
  132  creation of a plan of distribution or disbursement expressed in
  133  a will, trust instrument, or other testamentary devise of the
  134  person 65 years of age or older; or
  135         (c)Deprives, endeavors to deprive, or conspires with
  136  another to deprive, with the intent to defraud and by means of
  137  bribery or kickbacks, a person 65 years of age or older of his
  138  or her intangible right to honest services provided by an
  139  individual who has a legal or fiduciary relationship with such
  140  person.
  141         (3) A person who violates this section commits:
  142         (a) A felony of the first degree, punishable as provided in
  143  s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, or
  144  property involved in the exploitation of a person 65 years of
  145  age or older is valued at $50,000 or more.
  146         (b) A felony of the second degree, punishable as provided
  147  in s. 775.082, s. 775.083, or s. 775.084, if the funds, assets,
  148  or property involved in the exploitation of a person 65 years of
  149  age or older is valued at $10,000 or more, but less than
  150  $50,000.
  151         (c) A felony of the third degree, punishable as provided in
  152  s. 775.082, s. 775.083, or s. 775.084, if the funds, assets, or
  153  property involved in the exploitation of a person 65 years of
  154  age or older is valued at less than $10,000.
  155         (4) It does not constitute a defense to a prosecution for
  156  any violation of this section that the accused did not know the
  157  age of the victim.
  158         (5)In a criminal action resulting from a violation of this
  159  section, the state may move the court to advance the trial on
  160  the docket. The presiding judge, after consideration of the age
  161  and health of the victim, may advance the trial on the docket.
  162  The motion may be filed and served with the information or
  163  charges at any time thereafter.
  164         (6) Notwithstanding s. 825.1035(2), a person 65 years of
  165  age or older who is in imminent danger of being exploited may
  166  petition for an injunction for protection as provided under s.
  167  825.1035. A violation of such injunction shall be handled in the
  168  same manner, and such violation shall have the same penalties,
  169  as provided in s. 825.1036.
  170         Section 2. Subsection (10) of section 775.15, Florida
  171  Statutes, is amended to read:
  172         775.15 Time limitations; general time limitations;
  173  exceptions.—
  174         (10)(a) A prosecution for a felony violation of s.
  175  817.5695, s. 825.102, or s. 825.103 must be commenced within 5
  176  years after it is committed.
  177         (b) If the period prescribed in paragraph (a) has expired,
  178  a prosecution may nevertheless be commenced for any offense, a
  179  material element of which is either fraud or a breach of
  180  fiduciary obligation, within 5 years after discovery of the
  181  offense by an aggrieved party or by a person who has a legal
  182  duty to represent an aggrieved party and who is not a party to
  183  the offense.
  184         Section 3. Subsection (1) of section 825.1035, Florida
  185  Statutes, is amended to read:
  186         825.1035 Injunction for protection against exploitation of
  187  a vulnerable adult.—
  188         (1) INJUNCTION CREATED.—There is created a cause of action
  189  for an injunction for protection against exploitation of a
  190  vulnerable adult. As used in this section, and in addition to
  191  the definitions provided in this chapter, exploitation of a
  192  vulnerable adult includes a person 65 years of age or older who
  193  is or may be subject to exploitation as described in s.
  194  817.5695.
  195         Section 4. Subsection (1) of section 825.1036, Florida
  196  Statutes, is amended to read:
  197         825.1036 Violation of an injunction for protection against
  198  exploitation of a vulnerable adult.—
  199         (1) In the event of a violation of an injunction for
  200  protection against exploitation of a vulnerable adult when the
  201  person who violated such injunction has not been arrested, the
  202  petitioner may contact the clerk of the circuit court of the
  203  county in which the violation is alleged to have occurred. The
  204  clerk of the circuit court shall assist the petitioner in the
  205  preparation of an affidavit in support of the violation or
  206  direct the petitioner to the office operated by the court within
  207  the circuit which has been designated by the chief judge of the
  208  judicial circuit as the central intake point for injunction
  209  violations and where the petitioner can receive assistance in
  210  the preparation of the affidavit in support of the violation. As
  211  used in this section, and in addition to the definitions
  212  provided in this chapter, exploitation of a vulnerable adult
  213  includes a person 65 years of age or older who is or may be
  214  subject to exploitation as described in s. 817.5695.
  215         Section 5. Paragraphs (d) and (f) of subsection (3) of
  216  section 921.0022, Florida Statutes, are amended to read:
  217         921.0022 Criminal Punishment Code; offense severity ranking
  218  chart.—
  219         (3) OFFENSE SEVERITY RANKING CHART
  220         (d) LEVEL 4
  221  
  222  FloridaStatute             FelonyDegree         Description        
  223  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.
  224  499.0051(1)                     3rd      Failure to maintain or deliver transaction history, transaction information, or transaction statements.
  225  499.0051(5)                     2nd      Knowing sale or delivery, or possession with intent to sell, contraband prescription drugs.
  226  517.07(1)                       3rd      Failure to register securities.
  227  517.12(1)                       3rd      Failure of dealer, associated person, or issuer of securities to register.
  228  784.07(2)(b)                    3rd      Battery of law enforcement officer, firefighter, etc.
  229  784.074(1)(c)                   3rd      Battery of sexually violent predators facility staff.
  230  784.075                         3rd      Battery on detention or commitment facility staff.
  231  784.078                         3rd      Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
  232  784.08(2)(c)                    3rd      Battery on a person 65 years of age or older.
  233  784.081(3)                      3rd      Battery on specified official or employee.
  234  784.082(3)                      3rd      Battery by detained person on visitor or other detainee.
  235  784.083(3)                      3rd      Battery on code inspector.
  236  784.085                         3rd      Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
  237  787.03(1)                       3rd      Interference with custody; wrongly takes minor from appointed guardian.
  238  787.04(2)                       3rd      Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
  239  787.04(3)                       3rd      Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
  240  787.07                          3rd      Human smuggling.          
  241  790.115(1)                      3rd      Exhibiting firearm or weapon within 1,000 feet of a school.
  242  790.115(2)(b)                   3rd      Possessing electric weapon or device, destructive device, or other weapon on school property.
  243  790.115(2)(c)                   3rd      Possessing firearm on school property.
  244  794.051(1)                      3rd      Indecent, lewd, or lascivious touching of certain minors.
  245  800.04(7)(c)                    3rd      Lewd or lascivious exhibition; offender less than 18 years.
  246  806.135                         2nd      Destroying or demolishing a memorial or historic property.
  247  810.02(4)(a)                    3rd      Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
  248  810.02(4)(b)                    3rd      Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
  249  810.06                          3rd      Burglary; possession of tools.
  250  810.08(2)(c)                    3rd      Trespass on property, armed with firearm or dangerous weapon.
  251  812.014(2)(c)3.                 3rd      Grand theft, 3rd degree $10,000 or more but less than $20,000.
  252  812.014 (2)(c)4.-10.            3rd      Grand theft, 3rd degree; specified items.
  253  812.0195(2)                     3rd      Dealing in stolen property by use of the Internet; property stolen $300 or more.
  254  817.505(4)(a)                   3rd      Patient brokering.        
  255  817.563(1)                      3rd      Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
  256  817.568(2)(a)                   3rd      Fraudulent use of personal identification information.
  257  817.5695(3)(c)                  3rd      Exploitation of person 65 years of age or older, value less than $10,000.
  258  817.625(2)(a)                   3rd      Fraudulent use of scanning device, skimming device, or reencoder.
  259  817.625(2)(c)                   3rd      Possess, sell, or deliver skimming device.
  260  828.125(1)                      2nd      Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
  261  836.14(2)                       3rd      Person who commits theft of a sexually explicit image with intent to promote it.
  262  836.14(3)                       3rd      Person who willfully possesses a sexually explicit image with certain knowledge, intent, and purpose.
  263  837.02(1)                       3rd      Perjury in official proceedings.
  264  837.021(1)                      3rd      Make contradictory statements in official proceedings.
  265  838.022                         3rd      Official misconduct.      
  266  839.13(2)(a)                    3rd      Falsifying records of an individual in the care and custody of a state agency.
  267  839.13(2)(c)                    3rd      Falsifying records of the Department of Children and Families.
  268  843.021                         3rd      Possession of a concealed handcuff key by a person in custody.
  269  843.025                         3rd      Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
  270  843.15(1)(a)                    3rd      Failure to appear while on bail for felony (bond estreature or bond jumping).
  271  847.0135(5)(c)                  3rd      Lewd or lascivious exhibition using computer; offender less than 18 years.
  272  870.01(3)                       2nd      Aggravated rioting.       
  273  870.01(5)                       2nd      Aggravated inciting a riot.
  274  874.05(1)(a)                    3rd      Encouraging or recruiting another to join a criminal gang.
  275  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).
  276  914.14(2)                       3rd      Witnesses accepting bribes.
  277  914.22(1)                       3rd      Force, threaten, etc., witness, victim, or informant.
  278  914.23(2)                       3rd      Retaliation against a witness, victim, or informant, no bodily injury.
  279  916.1085 (2)(c)1.               3rd      Introduction of specified contraband into certain DCF facilities.
  280  918.12                          3rd      Tampering with jurors.    
  281  934.215                         3rd      Use of two-way communications device to facilitate commission of a crime.
  282  944.47(1)(a)6.                  3rd      Introduction of contraband (cellular telephone or other portable communication device) into correctional institution.
  283  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.
  284         (f) LEVEL 6
  285  
  286  FloridaStatute              FelonyDegree         Description       
  287  316.027(2)(b)                    2nd      Leaving the scene of a crash involving serious bodily injury.
  288  316.193(2)(b)                    3rd      Felony DUI, 4th or subsequent conviction.
  289  400.9935(4)(c)                   2nd      Operating a clinic, or offering services requiring licensure, without a license.
  290  499.0051(2)                      2nd      Knowing forgery of transaction history, transaction information, or transaction statement.
  291  499.0051(3)                      2nd      Knowing purchase or receipt of prescription drug from unauthorized person.
  292  499.0051(4)                      2nd      Knowing sale or transfer of prescription drug to unauthorized person.
  293  775.0875(1)                      3rd      Taking firearm from law enforcement officer.
  294  784.021(1)(a)                    3rd      Aggravated assault; deadly weapon without intent to kill.
  295  784.021(1)(b)                    3rd      Aggravated assault; intent to commit felony.
  296  784.041                          3rd      Felony battery; domestic battery by strangulation.
  297  784.048(3)                       3rd      Aggravated stalking; credible threat.
  298  784.048(5)                       3rd      Aggravated stalking of person under 16.
  299  784.07(2)(c)                     2nd      Aggravated assault on law enforcement officer.
  300  784.074(1)(b)                    2nd      Aggravated assault on sexually violent predators facility staff.
  301  784.08(2)(b)                     2nd      Aggravated assault on a person 65 years of age or older.
  302  784.081(2)                       2nd      Aggravated assault on specified official or employee.
  303  784.082(2)                       2nd      Aggravated assault by detained person on visitor or other detainee.
  304  784.083(2)                       2nd      Aggravated assault on code inspector.
  305  787.02(2)                        3rd      False imprisonment; restraining with purpose other than those in s. 787.01.
  306  790.115(2)(d)                    2nd      Discharging firearm or weapon on school property.
  307  790.161(2)                       2nd      Make, possess, or throw destructive device with intent to do bodily harm or damage property.
  308  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.
  309  790.19                           2nd      Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
  310  794.011(8)(a)                    3rd      Solicitation of minor to participate in sexual activity by custodial adult.
  311  794.05(1)                        2nd      Unlawful sexual activity with specified minor.
  312  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.
  313  800.04(6)(b)                     2nd      Lewd or lascivious conduct; offender 18 years of age or older.
  314  806.031(2)                       2nd      Arson resulting in great bodily harm to firefighter or any other person.
  315  810.02(3)(c)                     2nd      Burglary of occupied structure; unarmed; no assault or battery.
  316  810.145(8)(b)                    2nd      Video voyeurism; certain minor victims; 2nd or subsequent offense.
  317  812.014(2)(b)1.                  2nd      Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
  318  812.014(6)                       2nd      Theft; property stolen $3,000 or more; coordination of others.
  319  812.015(9)(a)                    2nd      Retail theft; property stolen $750 or more; second or subsequent conviction.
  320  812.015(9)(b)                    2nd      Retail theft; aggregated property stolen within 30 days is $3,000 or more; coordination of others.
  321  812.015(9)(d)                    2nd      Retail theft; multiple thefts within specified period.
  322  812.13(2)(c)                     2nd      Robbery, no firearm or other weapon (strong-arm robbery).
  323  817.4821(5)                      2nd      Possess cloning paraphernalia with intent to create cloned cellular telephones.
  324  817.49(2)(b)2.                   2nd      Willful making of a false report of a crime resulting in death.
  325  817.505(4)(b)                    2nd      Patient brokering; 10 or more patients.
  326  817.5695(3)(b)                   2nd      Exploitation of person 65 years of age or older, value more than $10,000 but less than $50,000.
  327  825.102(1)                       3rd      Abuse of an elderly person or disabled adult.
  328  825.102(3)(c)                    3rd      Neglect of an elderly person or disabled adult.
  329  825.1025(3)                      3rd      Lewd or lascivious molestation of an elderly person or disabled adult.
  330  825.103(3)(c)                    3rd      Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
  331  827.03(2)(c)                     3rd      Abuse of a child.        
  332  827.03(2)(d)                     3rd      Neglect of a child.      
  333  827.071(2) & (3)                 2nd      Use or induce a child in a sexual performance, or promote or direct such performance.
  334  828.126(3)                       3rd      Sexual activities involving animals.
  335  836.05                           2nd      Threats; extortion.      
  336  836.10                           2nd      Written or electronic threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
  337  843.12                           3rd      Aids or assists person to escape.
  338  847.011                          3rd      Distributing, offering to distribute, or possessing with intent to distribute obscene materials depicting minors.
  339  847.012                          3rd      Knowingly using a minor in the production of materials harmful to minors.
  340  847.0135(2)                      3rd      Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
  341  914.23                           2nd      Retaliation against a witness, victim, or informant, with bodily injury.
  342  918.13(2)(b)                     2nd      Tampering with or fabricating physical evidence relating to a capital felony.
  343  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.
  344  944.40                           2nd      Escapes.                 
  345  944.46                           3rd      Harboring, concealing, aiding escaped prisoners.
  346  944.47(1)(a)5.                   2nd      Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
  347  951.22(1)(i)                     3rd      Firearm or weapon introduced into county detention facility.
  348         Section 6. This act shall take effect October 1, 2023.