Senate Bill sb0448c1

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    Florida Senate - 2004                            CS for SB 448

    By the Committee on Children and Families; and Senator
    Margolis




    300-1204B-04

  1                      A bill to be entitled

  2         An act relating to elder abuse and neglect;

  3         amending s. 415.104, F.S.; requiring that a

  4         protective investigator from the Department of

  5         Children and Family Services request an

  6         assessment of a vulnerable adult who is an

  7         alleged victim of abuse, neglect, or

  8         exploitation if there is suspicion of a lack of

  9         capacity to consent; amending s. 825.102, F.S.;

10         increasing the penalty for committing

11         aggravated abuse of an elderly person or

12         disabled adult from a second-degree felony to a

13         first-degree felony; directing that a workgroup

14         be established to evaluate the curriculum for

15         training law enforcement officers in

16         identifying abuse and neglect of the elderly;

17         prescribing membership and duties of the

18         workgroup; requiring a report to the

19         Legislature; amending s. 921.0022, F.S.,

20         relating to the offense severity ranking chart

21         of the Criminal Punishment Code; conforming

22         provisions to changes made by the act;

23         providing an effective date.

24  

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

26  

27         Section 1.  Present subsections (4) through (9) of

28  section 415.104, Florida Statutes, are redesignated as

29  subsections (5) through (10), respectively, and a new

30  subsection (4) is added to that section, to read:

31  

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    Florida Senate - 2004                            CS for SB 448
    300-1204B-04




 1         415.104  Protective investigations of cases of abuse,

 2  neglect, or exploitation of vulnerable adults; transmittal of

 3  records to state attorney.--

 4         (4)  Subject to the availability of resources, if a

 5  protective investigator from the Department of Children and

 6  Family Services has reason to believe that a vulnerable adult

 7  who is alleged to be a victim of abuse, neglect, or

 8  exploitation lacks the capacity to consent, as defined in s.

 9  415.102(14), to protective services, the protective

10  investigator may request that the individual undergo an

11  assessment conducted by a mental health provider to determine

12  the person's capacity to consent. The person must be examined

13  within 48 hours following the initial observation by the

14  protective investigator. If the assessment completed by a

15  mental health provider indicates that the individual lacks

16  capacity to consent, the department shall initiate

17  protective-services interventions as specified in s. 415.1051.

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

19  Statutes, is amended to read:

20         825.102  Abuse, aggravated abuse, and neglect of an

21  elderly person or disabled adult; penalties.--

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

23  adult" occurs when a person:

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

25  disabled adult;

26         (b)  Willfully tortures, maliciously punishes, or

27  willfully and unlawfully cages, an elderly person or disabled

28  adult; or

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

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

31  

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    Florida Senate - 2004                            CS for SB 448
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 1  permanent disability, or permanent disfigurement to the

 2  elderly person or disabled adult.

 3  

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

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

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

 7  775.084.

 8         Section 3.  (1)  The Department of Children and Family

 9  Services shall establish a workgroup to evaluate the

10  curriculum for training law enforcement officers in

11  identifying abuse and neglect of elderly persons.

12         (2)  The Secretary of Children and Family Services, the

13  Secretary of Elderly Affairs, and the Executive Director of

14  the Department of Law Enforcement shall each appoint at least

15  one member and not more than four members to the workgroup.

16         (3)  The workgroup shall:

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

18  enforcement officers in identifying abuse and neglect of

19  elderly persons.

20         (b)  Prepare a list of recommendations for improving

21  the curriculum used to train law enforcement officers in

22  identifying abuse and neglect of elderly persons and

23  preventing such abuse and neglect.

24         (c)  Submit the evaluative report, along with

25  recommendations for improving the curriculum, to the

26  Legislature by September 1, 2005.

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

28  921.0022, Florida Statutes, is amended to read:

29         921.0022  Criminal Punishment Code; offense severity

30  ranking chart.--

31         (3)  OFFENSE SEVERITY RANKING CHART

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    Florida Senate - 2004                            CS for SB 448
    300-1204B-04




 1  

 2  Florida           Felony

 3  Statute           Degree             Description

 4  

 5                     

 6                              (h)  LEVEL 8

 7  316.193(3)(c)3.a.  2nd      DUI manslaughter.

 8  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

 9  499.0051(7)        1st      Forgery of prescription or legend

10                              drug labels.

11  499.0052           1st      Trafficking in contraband legend

12                              drugs.

13  560.123(8)(b)2.    2nd      Failure to report currency or

14                              payment instruments totaling or

15                              exceeding $20,000, but less than

16                              $100,000 by money transmitter.

17  560.125(5)(b)      2nd      Money transmitter business by

18                              unauthorized person, currency or

19                              payment instruments totaling or

20                              exceeding $20,000, but less than

21                              $100,000.

22  655.50(10)(b)2.    2nd      Failure to report financial

23                              transactions totaling or

24                              exceeding $20,000, but less than

25                              $100,000 by financial

26                              institutions.

27  777.03(2)(a)       1st      Accessory after the fact, capital

28                              felony.

29  

30  

31  

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    Florida Senate - 2004                            CS for SB 448
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 1  782.04(4)          2nd      Killing of human without design

 2                              when engaged in act or attempt of

 3                              any felony other than arson,

 4                              sexual battery, robbery,

 5                              burglary, kidnapping, aircraft

 6                              piracy, or unlawfully discharging

 7                              bomb.

 8  782.051(2)         1st      Attempted felony murder while

 9                              perpetrating or attempting to

10                              perpetrate a felony not

11                              enumerated in s. 782.04(3).

12  782.071(1)(b)      1st      Committing vehicular homicide and

13                              failing to render aid or give

14                              information.

15  782.072(2)         1st      Committing vessel homicide and

16                              failing to render aid or give

17                              information.

18  790.161(3)         1st      Discharging a destructive device

19                              which results in bodily harm or

20                              property damage.

21  794.011(5)         2nd      Sexual battery, victim 12 years

22                              or over, offender does not use

23                              physical force likely to cause

24                              serious injury.

25  800.04(4)          2nd      Lewd or lascivious battery.

26  806.01(1)          1st      Maliciously damage dwelling or

27                              structure by fire or explosive,

28                              believing person in structure.

29  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

30  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

31                              or dangerous weapon.

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    Florida Senate - 2004                            CS for SB 448
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 1  810.02(2)(c)       1st      Burglary of a dwelling or

 2                              structure causing structural

 3                              damage or $1,000 or more property

 4                              damage.

 5  812.13(2)(b)       1st      Robbery with a weapon.

 6  812.135(2)         1st      Home-invasion robbery.

 7  817.568(6)         2nd      Fraudulent use of personal

 8                              identification information of an

 9                              individual under the age of 18.

10  825.102(2)         1st 2nd  Aggravated abuse of an elderly

11                              person or disabled adult.

12  825.1025(2)        2nd      Lewd or lascivious battery upon

13                              an elderly person or disabled

14                              adult.

15  825.103(2)(a)      1st      Exploiting an elderly person or

16                              disabled adult and property is

17                              valued at $100,000 or more.

18  837.02(2)          2nd      Perjury in official proceedings

19                              relating to prosecution of a

20                              capital felony.

21  837.021(2)         2nd      Making contradictory statements

22                              in official proceedings relating

23                              to prosecution of a capital

24                              felony.

25  860.121(2)(c)      1st      Shooting at or throwing any

26                              object in path of railroad

27                              vehicle resulting in great bodily

28                              harm.

29  860.16             1st      Aircraft piracy.

30  

31  

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    Florida Senate - 2004                            CS for SB 448
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 1  893.13(1)(b)       1st      Sell or deliver in excess of 10

 2                              grams of any substance specified

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

 4  893.13(2)(b)       1st      Purchase in excess of 10 grams of

 5                              any substance specified in s.

 6                              893.03(1)(a) or (b).

 7  893.13(6)(c)       1st      Possess in excess of 10 grams of

 8                              any substance specified in s.

 9                              893.03(1)(a) or (b).

10  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

12                              lbs.

13  893.135(1)(b)1.b.  1st      Trafficking in cocaine, more than

14                              200 grams, less than 400 grams.

15  893.135(1)(c)1.b.  1st      Trafficking in illegal drugs,

16                              more than 14 grams, less than 28

17                              grams.

18  893.135(1)(d)1.b.  1st      Trafficking in phencyclidine,

19                              more than 200 grams, less than

20                              400 grams.

21  893.135(1)(e)1.b.  1st      Trafficking in methaqualone, more

22                              than 5 kilograms, less than 25

23                              kilograms.

24  893.135(1)(f)1.b.  1st      Trafficking in amphetamine, more

25                              than 28 grams, less than 200

26                              grams.

27  893.135(1)(g)1.b.  1st      Trafficking in flunitrazepam, 14

28                              grams or more, less than 28

29                              grams.

30  

31  

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    Florida Senate - 2004                            CS for SB 448
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 1  893.135(1)(h)1.b.  1st      Trafficking in

 2                              gamma-hydroxybutyric acid (GHB),

 3                              5 kilograms or more, less than 10

 4                              kilograms.

 5  893.135(1)(j)1.b.  1st      Trafficking in 1,4-Butanediol, 5

 6                              kilograms or more, less than 10

 7                              kilograms.

 8  893.135(1)(k)2.b.  1st      Trafficking in Phenethylamines,

 9                              200 grams or more, less than 400

10                              grams.

11  895.03(1)          1st      Use or invest proceeds derived

12                              from pattern of racketeering

13                              activity.

14  895.03(2)          1st      Acquire or maintain through

15                              racketeering activity any

16                              interest in or control of any

17                              enterprise or real property.

18  895.03(3)          1st      Conduct or participate in any

19                              enterprise through pattern of

20                              racketeering activity.

21  896.101(5)(b)      2nd      Money laundering, financial

22                              transactions totaling or

23                              exceeding $20,000, but less than

24                              $100,000.

25  896.104(4)(a)2.    2nd      Structuring transactions to evade

26                              reporting or registration

27                              requirements, financial

28                              transactions totaling or

29                              exceeding $20,000 but less than

30                              $100,000.

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

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    Florida Senate - 2004                            CS for SB 448
    300-1204B-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 448

 3                                 

 4  
    Deletes changes to chapter 825, F.S., and instead amends
 5  chapter 415, F.S.

 6  Specifies that, subject to availability of resources, the
    protective investigator may request that a vulnerable adult
 7  who is an alleged victim of abuse, neglect, or exploitation
    undergo an assessment by a mental health provider if there is
 8  reason to believe the person lacks the capacity to consent for
    services.
 9  
    Directs the department to initiate protective-services
10  interventions specified in s. 415.1051, F.S., if it is
    determined the alleged victim lacks the capacity to consent.
11  
    Directs the Department of Children and Families to establish a
12  workgroup rather than a task force and limits the numbers of
    members appointed to the workgroup.
13  
    Requires the workgroup to provide an evaluative report and
14  recommendations for improvements to the Legislature by
    September 1, 2005, instead of requiring two reports.
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