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A bill to be entitled |
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An act relating to elder abuse and neglect; creating s. |
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825.108, F.S.; requiring that a case worker or protective |
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investigator from the Department of Children and Family |
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Services request a mental health examination of an elderly |
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victim of abuse or neglect if there is suspicion of mental |
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incompetency; amending s. 825.102, F.S.; increasing the |
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penalty for committing aggravated abuse of an elderly |
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person or disabled adult from a second degree felony to a |
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first degree felony; creating the Task Force Against Abuse |
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and Neglect of the Elderly within the Department of |
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Children and Family Services; providing for membership and |
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duties of the task force; requiring reports to the |
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Legislature; amending s. 921.0022, F.S., relating to the |
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offense severity ranking chart of the Criminal Punishment |
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Code; conforming provisions to changes made by the act; |
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providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 825.108, Florida Statutes, is created |
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to read: |
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825.108 Mental health examination.--If a case worker or |
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protective investigator from the Department of Children and |
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Family Services has reason to believe that a person older than |
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65 years of age who is the victim of abuse or neglect is |
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mentally incompetent, the case worker or investigator may |
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request that the person undergo a mental health evaluation by a |
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mental health provider that is under contract with the |
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department. The person must be examined within 48 hours |
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following the initial observation by the case worker or |
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investigator. |
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Section 2. Subsection (2) of section 825.102, Florida |
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Statutes, is amended to read: |
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825.102 Abuse, aggravated abuse, and neglect of an elderly |
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person or disabled adult; penalties.-- |
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(2) "Aggravated abuse of an elderly person or disabled |
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adult" occurs when a person: |
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(a) Commits aggravated battery on an elderly person or |
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disabled adult; |
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(b) Willfully tortures, maliciously punishes, or willfully |
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and unlawfully cages, an elderly person or disabled adult; or |
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(c) Knowingly or willfully abuses an elderly person or |
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disabled adult and in so doing causes great bodily harm, |
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permanent disability, or permanent disfigurement to the elderly |
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person or disabled adult. |
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A person who commits aggravated abuse of an elderly person or |
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disabled adult commits a felony of the first seconddegree, |
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punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
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Section 3. Task Force Against Abuse and Neglect of the |
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Elderly.-- |
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(1) The Task Force Against Abuse and Neglect of the |
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Elderly is created within the Department of Children and Family |
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Services. The Secretary of Children and Family Services, the |
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Secretary of Elderly Affairs, and the executive director of the |
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Department of Law Enforcement shall each appoint four members to |
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the task force. The Secretary of Children and Family Services |
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shall designate one appointee as the chairperson of the task |
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force. |
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(2) The task force shall: |
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(a) Evaluate the current curriculum used to train law |
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enforcement officers in identifying abuse and neglect of elderly |
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persons. This evaluation must be completed and submitted to the |
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Legislature by July 1, 2005. |
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(b) Prepare a list of recommendations for improving the |
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curriculum used to train law enforcement officers in identifying |
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abuse and neglect of elderly persons and preventing such abuse |
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and neglect. This list of recommendations must be submitted to |
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the Legislature by September 1, 2005. |
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Section 4. Paragraph (h) of subsection (3) of section |
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921.0022, Florida Statutes, is amended to read: |
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921.0022 Criminal Punishment Code; offense severity |
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ranking chart.-- |
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(3) OFFENSE SEVERITY RANKING CHART |
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| Statute | Degree | Description |
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| 316.193(3)(c)3.a. | 2nd | DUI manslaughter. |
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| 327.35(3)(c)3. | 2nd | Vessel BUI manslaughter. |
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| 499.0051(7) | 1st | Forgery of prescription or legend drug labels. |
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84
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| 499.0052 | 1st | Trafficking in contraband legend drugs. |
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| 560.123(8)(b)2. | 2nd | Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter. |
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| 560.125(5)(b) | 2nd | Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000. |
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| 655.50(10)(b)2. | 2nd | Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. |
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| 777.03(2)(a) | 1st | Accessory after the fact, capital felony. |
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| 782.04(4) | 2nd | Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb. |
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| 782.051(2) | 1st | Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3). |
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| 782.071(1)(b) | 1st | Committing vehicular homicide and failing to render aid or give information. |
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| 782.072(2) | 1st | Committing vessel homicide and failing to render aid or give information. |
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| 790.161(3) | 1st | Discharging a destructive device which results in bodily harm or property damage. |
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| 794.011(5) | 2nd | Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury. |
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| 800.04(4) | 2nd | Lewd or lascivious battery. |
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| 806.01(1) | 1st | Maliciously damage dwelling or structure by fire or explosive, believing person in structure. |
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| 810.02(2)(a) | 1st,PBL | Burglary with assault or battery. |
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| 810.02(2)(b) | 1st,PBL | Burglary; armed with explosives or dangerous weapon. |
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| 810.02(2)(c) | 1st | Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. |
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| 812.13(2)(b) | 1st | Robbery with a weapon. |
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| 812.135(2) | 1st | Home-invasion robbery. |
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| 817.568(6) | 2nd | Fraudulent use of personal identification information of an individual under the age of 18. |
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| 825.102(2) | 1st2nd | Aggravated abuse of an elderly person or disabled adult. |
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| 825.1025(2) | 2nd | Lewd or lascivious battery upon an elderly person or disabled adult. |
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| 825.103(2)(a) | 1st | Exploiting an elderly person or disabled adult and property is valued at $100,000 or more. |
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| 837.02(2) | 2nd | Perjury in official proceedings relating to prosecution of a capital felony. |
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| 837.021(2) | 2nd | Making contradictory statements in official proceedings relating to prosecution of a capital felony. |
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| 860.121(2)(c) | 1st | Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. |
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| 860.16 | 1st | Aircraft piracy. |
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| 893.13(1)(b) | 1st | Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
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| 893.13(2)(b) | 1st | Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
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| 893.13(6)(c) | 1st | Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b). |
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| 893.135(1)(a)2. | 1st | Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. |
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| 893.135(1)(b)1.b. | 1st | Trafficking in cocaine, more than 200 grams, less than 400 grams. |
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| 893.135(1)(c)1.b. | 1st | Trafficking in illegal drugs, more than 14 grams, less than 28 grams. |
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| 893.135(1)(d)1.b. | 1st | Trafficking in phencyclidine, more than 200 grams, less than 400 grams. |
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| 893.135(1)(e)1.b. | 1st | Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms. |
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| 893.135(1)(f)1.b. | 1st | Trafficking in amphetamine, more than 28 grams, less than 200 grams. |
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| 893.135(1)(g)1.b. | 1st | Trafficking in flunitrazepam, 14 grams or more, less than 28 grams. |
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| 893.135(1)(h)1.b. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. |
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| 893.135(1)(j)1.b. | 1st | Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms. |
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| 893.135(1)(k)2.b. | 1st | Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. |
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| 895.03(1) | 1st | Use or invest proceeds derived from pattern of racketeering activity. |
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| 895.03(2) | 1st | Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. |
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| 895.03(3) | 1st | Conduct or participate in any enterprise through pattern of racketeering activity. |
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| 896.101(5)(b) | 2nd | Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. |
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| 896.104(4)(a)2. | 2nd | Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. |
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Section 5. This act shall take effect July 1, 2004. |