CS for SB 232 First Engrossed (ntc)
2023232e1
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 $10,000 or more, 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.