HB 0379

CHAMBER ACTION

The Committee on Future of Florida's Families recommends the

following:

Committee Substitute

Remove the entire bill and insert:

A bill to be entitled

An act relating to protection and care for elders;

amending s. 825.102, F.S.; reclassifying the offense of

aggravated abuse of an elderly person or disabled adult

from a second degree felony to a first degree felony;

amending s. 921.0022, F.S., relating to the offense

severity ranking chart of the Criminal Punishment Code, to

conform; creating s. 943.17296, F.S., relating to

identification and investigation of elder abuse training

for certified law enforcement officers; requiring such

training by a time certain; providing that an officer's

certification shall become inactive in certain

circumstances related to the failure to complete such

training; amending s. 430.502, F.S.; providing for the

establishment of a memory disorder clinic at Morton Plant

Hospital in Pinellas County; providing for the Florida

Mental Health Institute at the University of South Florida

to establish a workgroup; specifying the purpose and

responsibilities of the workgroup; providing for the

secretary of the Department of Elderly Affairs and the

secretary of the Department of Children and Family

Services to appoint members to the workgroup; providing

for a report by the workgroup; providing for future

repeal; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Subsection (2) of section 825.102, Florida

Statutes, is amended to read:

825.102 Abuse, aggravated abuse, and neglect of an elderly

person or disabled adult; penalties.--

(2) "Aggravated abuse of an elderly person or disabled

adult" occurs when a person:

(a) Commits aggravated battery on an elderly person or

disabled adult;

(b) Willfully tortures, maliciously punishes, or willfully

and unlawfully cages, an elderly person or disabled adult; or

disabled adult and in so doing causes great bodily harm,

permanent disability, or permanent disfigurement to the elderly

person or disabled adult.

A person who commits aggravated abuse of an elderly person or

disabled adult commits a felony of the first ~~second~~ degree,

punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Section 2. Paragraph (h) of subsection (3) of section

921.0022, Florida Statutes, is amended to read:

921.0022 Criminal Punishment Code; offense severity

ranking chart.--

(3) OFFENSE SEVERITY RANKING CHART

Florida

Felony

Statute

Degree

Description

(h) LEVEL 8

316.193(3)(c)3.a.

2nd

DUI manslaughter.

327.35(3)(c)3.

2nd

Vessel BUI manslaughter.

499.0051(7)

1st

Forgery of prescription or legend drug labels.

499.0052

1st

Trafficking in contraband legend drugs.

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.

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.

655.50(10)(b)2.

2nd

Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.

777.03(2)(a)

1st

Accessory after the fact, capital felony.

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.

782.051(2)

1st

Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).

782.071(1)(b)

1st

Committing vehicular homicide and failing to render aid or give information.

782.072(2)

1st

Committing vessel homicide and failing to render aid or give information.

790.161(3)

1st

Discharging a destructive device which results in bodily harm or property damage.

794.011(5)

2nd

Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.

800.04(4)

2nd

Lewd or lascivious battery.

806.01(1)

1st

Maliciously damage dwelling or structure by fire or explosive, believing person in structure.

810.02(2)(a)

1st,PBL

Burglary with assault or battery.

810.02(2)(b)

1st,PBL

Burglary; armed with explosives or dangerous weapon.

810.02(2)(c)

1st

Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.

812.13(2)(b)

1st

Robbery with a weapon.

812.135(2)

1st

Home-invasion robbery.

817.568(6)

2nd

Fraudulent use of personal identification information of an individual under the age of 18.

825.102(2)

1st ~~2nd~~

Aggravated abuse of an elderly person or disabled adult.

825.1025(2)

2nd

Lewd or lascivious battery upon an elderly person or disabled adult.

825.103(2)(a)

1st

Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.

837.02(2)

2nd

Perjury in official proceedings relating to prosecution of a capital felony.

837.021(2)

2nd

Making contradictory statements in official proceedings relating to prosecution of a capital felony.

860.121(2)(c)

1st

Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.

860.16

1st

Aircraft piracy.

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).

893.13(2)(b)

1st

Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

893.13(6)(c)

1st

Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).

893.135(1)(a)2.

1st

Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.

893.135(1)(b)1.b.

1st

Trafficking in cocaine, more than 200 grams, less than 400 grams.

893.135(1)(c)1.b.

1st

Trafficking in illegal drugs, more than 14 grams, less than 28 grams.

893.135(1)(d)1.b.

1st

Trafficking in phencyclidine, more than 200 grams, less than 400 grams.

893.135(1)(e)1.b.

1st

Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.

893.135(1)(f)1.b.

1st

Trafficking in amphetamine, more than 28 grams, less than 200 grams.

893.135(1)(g)1.b.

1st

Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.

893.135(1)(h)1.b.

1st

Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.

893.135(1)(j)1.b.

1st

Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.

893.135(1)(k)2.b.

1st

Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.

100

895.03(1)

1st

Use or invest proceeds derived from pattern of racketeering activity.

101

895.03(2)

1st

Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.

102

895.03(3)

1st

Conduct or participate in any enterprise through pattern of racketeering activity.

103

896.101(5)(b)

2nd

Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.

104

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.

105

106

Section 3. Section 943.17296, Florida Statutes, is created

107

to read:

108

943.17296 Identification and investigation of elder abuse

109

and neglect training.--Certified law enforcement officers shall

110

successfully complete training on identification and

111

investigation of elder abuse and neglect as a part of their

112

basic recruit training required in s. 943.13(9) or continuing

113

education pursuant to s. 943.135(1) prior to June 30, 2008. Such

114

training shall be developed in consultation with the Department

115

of Elderly Affairs and shall incorporate instruction on the

116

identification of and appropriate responses for persons

117

suffering from dementia and on the identification and

118

investigation of elder abuse and neglect. If an officer fails to

119

meet the required training, his or her certification shall

120

become inactive until the employing agency notifies the

121

commission that the officer has completed the training.

122

Section 4. Section 430.502, Florida Statutes, is amended

123

to read:

124

430.502 Alzheimer's disease; memory disorder clinics and

125

day care and respite care programs.--

126

(1) There is established:

127

(a) A memory disorder clinic at each of the three medical

128

schools in this state;

129

(b) A memory disorder clinic at a major private nonprofit

130

research-oriented teaching hospital, and may fund a memory

131

disorder clinic at any of the other affiliated teaching

132

hospitals;

133

134

Jacksonville;

135

(d) A memory disorder clinic at the West Florida Regional

136

Medical Center;

137

(e) The East Central Florida Memory Disorder Clinic at the

138

Joint Center for Advanced Therapeutics and Biomedical Research

139

of the Florida Institute of Technology and Holmes Regional

140

Medical Center, Inc.;

141

(f) A memory disorder clinic at the Orlando Regional

142

Healthcare System, Inc.;

143

(g) A memory disorder center located in a public hospital

144

that is operated by an independent special hospital taxing

145

district that governs multiple hospitals and is located in a

146

county with a population greater than 800,000 persons;

147

(h) A memory disorder clinic at St. Mary's Medical Center

148

in Palm Beach County;

149

(i) A memory disorder clinic at Tallahassee Memorial

150

Healthcare;

151

(j) A memory disorder clinic at Lee Memorial Hospital

152

created by chapter 63-1552, Laws of Florida, as amended; ~~and~~

153

(k) A memory disorder clinic at Sarasota Memorial Hospital

154

in Sarasota County; and,

155

(l) A memory disorder clinic at Morton Plant Hospital,

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Clearwater, in Pinellas County,

157

158

for the purpose of conducting research and training in a

159

diagnostic and therapeutic setting for persons suffering from

160

Alzheimer's disease and related memory disorders. However,

161

memory disorder clinics funded as of June 30, 1995, shall not

162

receive decreased funding due solely to subsequent additions of

163

memory disorder clinics in this subsection.

164

(2) It is the intent of the Legislature that research

165

conducted by a memory disorder clinic and supported by state

166

funds pursuant to subsection (1) be applied research, be

167

service-related, and be selected in conjunction with the

168

department. Such research may address, but is not limited to,

169

diagnostic technique, therapeutic interventions, and supportive

170

services for persons suffering from Alzheimer's disease and

171

related memory disorders and their caregivers. A memory disorder

172

clinic shall conduct such research in accordance with a research

173

plan developed by the clinic which establishes research

174

objectives that are in accordance with this legislative intent.

175

A memory disorder clinic shall also complete and submit to the

176

department a report of the findings, conclusions, and

177

recommendations of completed research. This subsection does not

178

apply to those memory disorder clinics at the three medical

179

schools in the state or at the major private nonprofit research-

180

oriented teaching hospital or other affiliated teaching

181

hospital.

182

(3) The Alzheimer's Disease Advisory Committee must

183

evaluate the need for additional memory disorder clinics in the

184

state. The first report will be due by December 31, 1995.

185

(4) Pursuant to the provisions of s. 287.057, the

186

Department of Elderly Affairs may contract for the provision of

187

specialized model day care programs in conjunction with the

188

memory disorder clinics. The purpose of each model day care

189

program must be to provide service delivery to persons suffering

190

from Alzheimer's disease or a related memory disorder and

191

training for health care and social service personnel in the

192

care of persons having Alzheimer's disease or related memory

193

disorders.

194

(5) Pursuant to s. 287.057, the Department of Elderly

195

Affairs shall contract for the provision of respite care. All

196

funds appropriated for the provision of respite care shall be

197

distributed annually by the department to each funded county

198

according to an allocation formula. In developing the formula,

199

the department shall consider the number and proportion of the

200

county population of individuals who are 75 years of age and

201

older. Each respite care program shall be used as a resource for

202

research and statistical data by the memory disorder clinics

203

established in this part. In consultation with the memory

204

disorder clinics, the department shall specify the information

205

to be provided by the respite care programs for research

206

purposes.

207

(6) Each contract entered into pursuant to this section

208

must contain a requirement for a research component to be

209

completed and reported on in writing to the department according

210

to specifications and within a timeframe provided by the

211

department.

212

(7) The Agency for Health Care Administration and the

213

department shall seek a federal waiver to implement a Medicaid

214

home and community-based waiver targeted to persons with

215

Alzheimer's disease to test the effectiveness of Alzheimer's

216

specific interventions to delay or to avoid institutional

217

placement.

218

(8) The department will implement the waiver program

219

specified in subsection (7). The agency and the department shall

220

ensure that providers are selected that have a history of

221

successfully serving persons with Alzheimer's disease. The

222

department and the agency shall develop specialized standards

223

for providers and services tailored to persons in the early,

224

middle, and late stages of Alzheimer's disease and designate a

225

level of care determination process and standard that is most

226

appropriate to this population. The department and the agency

227

shall include in the waiver services designed to assist the

228

caregiver in continuing to provide in-home care. The department

229

shall implement this waiver program subject to a specific

230

appropriation or as provided in the General Appropriations Act.

231

The department and the agency shall submit their program design

232

to the President of the Senate and the Speaker of the House of

233

Representatives for consultation during the development process.

234

(9) Authority to continue the waiver program specified in

235

subsection (7) shall be automatically eliminated at the close of

236

the 2008 Regular Session of the Legislature unless further

237

legislative action is taken to continue it prior to such time.

238

Section 5. (1) The Florida Mental Health Institute at the

239

University of South Florida shall establish a workgroup to focus

240

on the needs of older adults who have dementia or related

241

disorders and who are subject to the Florida Mental Health Act

242

for involuntary treatment. This workgroup will recommend

243

legislation that will be designed to meet the needs of those

244

older adults whose behaviors present a risk for self-harm, a

245

risk of harm to others, or self-neglect.

246

(2) The secretary of the Department of Elderly Affairs and

247

the secretary of the Department of Children and Family Services

248

shall each appoint at least one member and not more than seven

249

members to the workgroup.

250

(3) The workgroup shall:

251

(a) Identify and address the problem of excessive and

252

inappropriate involuntary examination and placement of elders,

253

especially elders with Alzheimer's disease or related disorders,

254

by facilities.

255

(b) Evaluate the potential for involuntary placement based

256

upon additional criteria, including the history of the dementia

257

sufferer as provided by the family.

258

259

patient care that result from involuntary placement.

260

(d) Evaluate less restrictive alternatives that can meet

261

the crisis stabilization needs of the individual with dementia

262

or related disorders.

263

(e) Review resources that potentially provide the best

264

opportunities for the older adult to return as quickly as

265

possible to his or her least restrictive environment.

266

(f) Evaluate the current curriculum used to train

267

employees of receiving facilities in how to deal with clients

268

with a diagnosis of Alzheimer's disease or a related dementia.

269

(g) Provide a summary of methods and systems used in other

270

states to serve this population.

271

(h) Recommend a dementia-specific system that would

272

provide the best opportunity for maintaining the dignity and

273

well-being of the state's older adult population.

274

(4) Members of the workgroup shall serve without

275

compensation.

276

(5) The workgroup shall submit a report to the Governor,

277

the Speaker of the House of Representatives, and the President

278

of the Senate no later than January 1, 2005. This section is

279

repealed February 1, 2005.

280

Section 6. This act shall take effect July 1, 2004.

CODING: Words ~~stricken~~ are deletions; words underlined are additions.