HB 1287 2003
1	A bill to be entitled
2	An act relating to criminal offenses; creating s.
3	775.0847, F.S.; providing for the reclassification of
4	felonies committed against the elderly or disabled;
5	amending s. 784.08, F.S.; providing for the
6	reclassification of misdemeanors committed against persons
7	65 years of age or older; amending s. 812.0145, F.S.;
8	providing for a mandatory term of imprisonment for certain
9	thefts against persons 65 years of age or older; amending
10	s. 825.103, F.S.; providing for a mandatory term of
11	imprisonment for certain acts of exploitation against an
12	elderly person or disabled adult; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1. This act may be cited as "The Seniors' Safety
18	Act of 2003."
19	Section 2. Section 775.0847, Florida Statutes, is created
20	to read:
21	775.0847 Felonies committed against the elderly or
22	disabled; reclassification of offenses.--Whenever a person is
23	charged with committing a felony offense upon a person 65 years
24	of age or older or an elderly person or disabled adult as
25	defined in chapter 825, regardless of whether he or she knows or
26	has reason to know the age, infirmity, or disability of the
27	victim, the offense for which the person is charged shall be
28	reclassified as follows:
29	(1) In the case of a felony of the third degree, the
30	offense is reclassified to a felony of the second degree.
31	(2) In the case of a felony of the second degree, the
32	offense is reclassified to a felony of the first degree.
33	(3) In the case of a felony of the first degree, the
34	offense is reclassified to a felony of the first degree,
35	punishable by life imprisonment.
36	Section 3. Subsection (2) of section 784.08, Florida
37	Statutes, is amended to read:
38	784.08 Assault or battery on persons 65 years of age or
39	older; reclassification of offenses; minimum sentence.--
40	(2) Whenever a person is charged with committing an
41	assault or aggravated assault or a battery or aggravated battery
42	upon a person 65 years of age or older, regardless of whether he
43	or she knows or has reason to know the age of the victim, the
44	offense for which the person is charged shall be reclassified as
45	follows:
46	(a) In the case of aggravated battery, from a felony of
47	the second degree to a felony of the first degree.
48	(b) In the case of aggravated assault, from a felony of
49	the third degree to a felony of the second degree.
50	(a)(c)In the case of battery, from a misdemeanor of the
51	first degree to a felony of the third degree.
52	(b)(d)In the case of assault, from a misdemeanor of the
53	second degree to a misdemeanor of the first degree.
54	Section 4. Subsection (2) of section 812.0145, Florida
55	Statutes, is amended to read:
56	812.0145 Theft from persons 65 years of age or older;
57	reclassification of offenses.--
58	(2) Notwithstanding any other provision of law, if the
59	funds, assets, or property involved in a theft from a person 65
60	years of age or older is valued at $10,000 or more, the court
61	must sentence the offender to a mandatory minimum sentence of 3
62	years' imprisonment. However, the mandatory term of
63	imprisonment does not apply to the theft of one or more motor
64	vehicles, regardless of associated value.Whenever a person is
65	charged with committing theft from a person 65 years of age or
66	older, when he or she knows or has reason to believe that the
67	victim was 65 years of age or older, the offense for which the
68	person is charged shall be reclassified as follows:
69	(a) This subsection does not prevent a court from imposing
70	a greater sentence of incarceration as authorized by law.If the
71	funds, assets, or property involved in the theft from a person
72	65 years of age or older is valued at $50,000 or more, the
73	offender commits a felony of the first degree, punishable as
74	provided in s. 775.082, s. 775.083, or s. 775.084.
75	(b) If the minimum mandatory terms of imprisonment imposed
76	pursuant to this section exceed the maximum sentences authorized
77	by s. 775.082, s. 775.084, or the Criminal Punishment Code under
78	chapter 921, the mandatory minimum sentence must be imposed. If
79	the mandatory minimum terms of imprisonment pursuant to this
80	section are less than the sentences that could be imposed as
81	authorized by s. 775.082, s. 775.084, or the Criminal Punishment
82	Code under chapter 921, the sentence imposed by the court must
83	include the mandatory minimum term of imprisonment as required
84	in this section.If the funds, assets, or property involved in
85	the theft from a person 65 years of age or older is valued at
86	$10,000 or more, but less than $50,000, the offender commits a
87	felony of the second degree, punishable as provided in s.
88	775.082, s. 775.083, or s. 775.084.
89	(c) If the funds, assets, or property involved in the
90	theft from a person 65 years of age or older is valued at $300
91	or more, but less than $10,000, the offender commits a felony of
92	the third degree, punishable as provided in s. 775.082, s.
93	775.083, or s. 775.084.
94	Section 5. Subsections (3) and (4) are added to section
95	825.103, Florida Statutes, to read:
96	825.103 Exploitation of an elderly person or disabled
97	adult; penalties.--
98	(3) Notwithstanding any other provision of law, if the
99	funds, assets, or property involved in the exploitation of an
100	elderly person or a disabled adult is valued at $10,000 or more,
101	the court must sentence the offender to a mandatory minimum
102	sentence of 3 years' imprisonment.
103	(4) Nothing in this subsection prevents a court from
104	imposing a greater sentence of incarceration as authorized by
105	law. If the minimum mandatory terms of imprisonment imposed
106	pursuant to this section exceed the maximum sentences authorized
107	by s. 775.082, s. 775.084, or the Criminal Punishment Code under
108	chapter 921, the mandatory minimum sentence must be imposed. If
109	the mandatory minimum terms of imprisonment pursuant to this
110	section are less than the sentences that could be imposed as
111	authorized by s. 775.082, s. 775.084, or the Criminal Punishment
112	Code under chapter 921, the sentence imposed by the court must
113	include the mandatory minimum term of imprisonment as required
114	in this section.
115	Section 6. This act shall take effect July 1, 2003.