Senate Bill sb0448

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    Florida Senate - 2004                                   SB 448

    By Senator Margolis





    35-284A-04

  1                      A bill to be entitled

  2         An act relating to elder abuse and neglect;

  3         creating s. 825.108, F.S.; requiring that a

  4         case worker or protective investigator from the

  5         Department of Children and Family Services

  6         request a mental health examination of an

  7         elderly victim of abuse or neglect if there is

  8         suspicion of mental incompetency; amending s.

  9         825.102, F.S.; increasing the penalty for

10         committing aggravated abuse of an elderly

11         person or disabled adult from a second-degree

12         felony to a first-degree felony; creating the

13         Task Force Against Abuse and Neglect of the

14         Elderly within the Department of Children and

15         Family Services; providing for membership and

16         duties of the task force; requiring reports to

17         the Legislature; amending s. 921.0022, F.S.,

18         relating to the offense severity ranking chart

19         of the Criminal Punishment Code; conforming

20         provisions to changes made by the act;

21         providing an effective date.

22  

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

24  

25         Section 1.  Section 825.108, Florida Statutes, is

26  created to read:

27         825.108  Mental health examination.--If a case worker

28  or protective investigator from the Department of Children and

29  Family Services has reason to believe that a person older than

30  65 years of age who is the victim of abuse or neglect is

31  mentally incompetent, the case worker or investigator may

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    Florida Senate - 2004                                   SB 448
    35-284A-04




 1  request that the person undergo a mental health evaluation by

 2  a mental health provider that is under contract with the

 3  department. The person must be examined within 48 hours

 4  following the initial observation by the case worker or

 5  investigator.

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

 7  Statutes, is amended to read:

 8         825.102  Abuse, aggravated abuse, and neglect of an

 9  elderly person or disabled adult; penalties.--

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

11  adult" occurs when a person:

12         (a)  Commits aggravated battery on an elderly person or

13  disabled adult;

14         (b)  Willfully tortures, maliciously punishes, or

15  willfully and unlawfully cages, an elderly person or disabled

16  adult; or

17         (c)  Knowingly or willfully abuses an elderly person or

18  disabled adult and in so doing causes great bodily harm,

19  permanent disability, or permanent disfigurement to the

20  elderly person or disabled adult.

21  

22  A person who commits aggravated abuse of an elderly person or

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

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

25  775.084.

26         Section 3.  Task Force Against Abuse and Neglect of the

27  Elderly.--

28         (1)  The Task Force Against Abuse and Neglect of the

29  Elderly is created within the Department of Children and

30  Family Services. The Secretary of Children and Family

31  Services, the Secretary of Elderly Affairs, and the executive

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    Florida Senate - 2004                                   SB 448
    35-284A-04




 1  director of the Department of Law Enforcement shall each

 2  appoint four members to the task force. The Secretary of

 3  Children and Family Services shall designate one appointee as

 4  the chairperson of the task force.

 5         (2)  The task force shall:

 6         (a)  Evaluate the current curriculum used to train law

 7  enforcement officers in identifying abuse and neglect of

 8  elderly persons.  This evaluation must be completed and

 9  submitted to the Legislature by July 1, 2005.

10         (b)  Prepare a list of recommendations for improving

11  the curriculum used to train law enforcement officers in

12  identifying abuse and neglect of elderly persons and

13  preventing such abuse and neglect.  This list of

14  recommendations must be submitted to the Legislature by

15  September 1, 2005.

16         Section 4.  Paragraph (h) of subsection (3) of section

17  921.0022, Florida Statutes, is amended to read:

18         921.0022  Criminal Punishment Code; offense severity

19  ranking chart.--

20         (3)  OFFENSE SEVERITY RANKING CHART

21  

22  Florida           Felony

23  Statute           Degree             Description

24  

25                     

26                              (h)  LEVEL 8

27  316.193

28   (3)(c)3.a.        2nd      DUI manslaughter.

29  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

30  499.0051(7)        1st      Forgery of prescription or legend

31                              drug labels.

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 1  499.0052           1st      Trafficking in contraband legend

 2                              drugs.

 3  560.123(8)(b)2.    2nd      Failure to report currency or

 4                              payment instruments totaling or

 5                              exceeding $20,000, but less than

 6                              $100,000 by money transmitter.

 7  560.125(5)(b)      2nd      Money transmitter business by

 8                              unauthorized person, currency or

 9                              payment instruments totaling or

10                              exceeding $20,000, but less than

11                              $100,000.

12  655.50(10)(b)2.    2nd      Failure to report financial

13                              transactions totaling or

14                              exceeding $20,000, but less than

15                              $100,000 by financial

16                              institutions.

17  777.03(2)(a)       1st      Accessory after the fact, capital

18                              felony.

19  782.04(4)          2nd      Killing of human without design

20                              when engaged in act or attempt of

21                              any felony other than arson,

22                              sexual battery, robbery,

23                              burglary, kidnapping, aircraft

24                              piracy, or unlawfully discharging

25                              bomb.

26  782.051(2)         1st      Attempted felony murder while

27                              perpetrating or attempting to

28                              perpetrate a felony not

29                              enumerated in s. 782.04(3).

30  

31  

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 1  782.071(1)(b)      1st      Committing vehicular homicide and

 2                              failing to render aid or give

 3                              information.

 4  782.072(2)         1st      Committing vessel homicide and

 5                              failing to render aid or give

 6                              information.

 7  790.161(3)         1st      Discharging a destructive device

 8                              which results in bodily harm or

 9                              property damage.

10  794.011(5)         2nd      Sexual battery, victim 12 years

11                              or over, offender does not use

12                              physical force likely to cause

13                              serious injury.

14  800.04(4)          2nd      Lewd or lascivious battery.

15  806.01(1)          1st      Maliciously damage dwelling or

16                              structure by fire or explosive,

17                              believing person in structure.

18  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

19  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

20                              or dangerous weapon.

21  810.02(2)(c)       1st      Burglary of a dwelling or

22                              structure causing structural

23                              damage or $1,000 or more property

24                              damage.

25  812.13(2)(b)       1st      Robbery with a weapon.

26  812.135(2)         1st      Home-invasion robbery.

27  817.568(6)         2nd      Fraudulent use of personal

28                              identification information of an

29                              individual under the age of 18.

30  825.102(2)         1st 2nd  Aggravated abuse of an elderly

31                              person or disabled adult.

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    Florida Senate - 2004                                   SB 448
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 1  825.1025(2)        2nd      Lewd or lascivious battery upon

 2                              an elderly person or disabled

 3                              adult.

 4  825.103(2)(a)      1st      Exploiting an elderly person or

 5                              disabled adult and property is

 6                              valued at $100,000 or more.

 7  837.02(2)          2nd      Perjury in official proceedings

 8                              relating to prosecution of a

 9                              capital felony.

10  837.021(2)         2nd      Making contradictory statements

11                              in official proceedings relating

12                              to prosecution of a capital

13                              felony.

14  860.121(2)(c)      1st      Shooting at or throwing any

15                              object in path of railroad

16                              vehicle resulting in great bodily

17                              harm.

18  860.16             1st      Aircraft piracy.

19  893.13(1)(b)       1st      Sell or deliver in excess of 10

20                              grams of any substance specified

21                              in s. 893.03(1)(a) or (b).

22  893.13(2)(b)       1st      Purchase in excess of 10 grams of

23                              any substance specified in s.

24                              893.03(1)(a) or (b).

25  893.13(6)(c)       1st      Possess in excess of 10 grams of

26                              any substance specified in s.

27                              893.03(1)(a) or (b).

28  893.135(1)(a)2.    1st      Trafficking in cannabis, more

29                              than 2,000 lbs., less than 10,000

30                              lbs.

31  

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    Florida Senate - 2004                                   SB 448
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 1  893.135

 2   (1)(b)1.b.        1st      Trafficking in cocaine, more than

 3                              200 grams, less than 400 grams.

 4  893.135

 5   (1)(c)1.b.        1st      Trafficking in illegal drugs,

 6                              more than 14 grams, less than 28

 7                              grams.

 8  893.135

 9   (1)(d)1.b.        1st      Trafficking in phencyclidine,

10                              more than 200 grams, less than

11                              400 grams.

12  893.135

13   (1)(e)1.b.        1st      Trafficking in methaqualone, more

14                              than 5 kilograms, less than 25

15                              kilograms.

16  893.135

17   (1)(f)1.b.        1st      Trafficking in amphetamine, more

18                              than 28 grams, less than 200

19                              grams.

20  893.135

21   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

22                              grams or more, less than 28

23                              grams.

24  893.135

25   (1)(h)1.b.        1st      Trafficking in

26                              gamma-hydroxybutyric acid (GHB),

27                              5 kilograms or more, less than 10

28                              kilograms.

29  

30  

31  

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 1  893.135

 2   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

 3                              kilograms or more, less than 10

 4                              kilograms.

 5  893.135

 6   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

 7                              200 grams or more, less than 400

 8                              grams.

 9  895.03(1)          1st      Use or invest proceeds derived

10                              from pattern of racketeering

11                              activity.

12  895.03(2)          1st      Acquire or maintain through

13                              racketeering activity any

14                              interest in or control of any

15                              enterprise or real property.

16  895.03(3)          1st      Conduct or participate in any

17                              enterprise through pattern of

18                              racketeering activity.

19  896.101(5)(b)      2nd      Money laundering, financial

20                              transactions totaling or

21                              exceeding $20,000, but less than

22                              $100,000.

23  896.104(4)(a)2.    2nd      Structuring transactions to evade

24                              reporting or registration

25                              requirements, financial

26                              transactions totaling or

27                              exceeding $20,000 but less than

28                              $100,000.

29         Section 5.  This act shall take effect July 1, 2004.

30  

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    Florida Senate - 2004                                   SB 448
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires a protective investigator or case worker from
      the Department of Children and Family Services to request
 4    a mental health examination of an elderly victim of abuse
      or neglect if there is suspicion of mental incompetency.
 5    Increases the penalty for aggravated abuse of an elderly
      person from a second-degree felony to a first-degree
 6    felony. Creates the Task Force Against Abuse and Neglect
      of the Elderly within the Department of Children and
 7    Family Services. (See bill for details.)

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