Senate Bill sb0448c2

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    Florida Senate - 2004                     CS for CS for SB 448

    By the Committees on Criminal Justice; Children and Families;
    and Senators Margolis and Lynn




    307-2462-04

  1                      A bill to be entitled

  2         An act relating to protection and care for

  3         elders; amending s. 825.102, F.S.;

  4         reclassifying the offense of aggravated abuse

  5         of an elderly person or disabled adult from a

  6         second degree felony to a first degree felony;

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

  8         offense severity ranking chart of the Criminal

  9         Punishment Code, to conform; creating s.

10         943.17296, F.S., relating to identification and

11         investigation of elder abuse training for

12         certified law enforcement officers; requiring

13         such training by a time certain; providing that

14         an officer's certification shall become

15         inactive in certain circumstances related to

16         the failure to complete such training; amending

17         s. 430.502, F.S.; providing for the

18         establishment of a memory disorder clinic at

19         Morton Plant Hospital in Pinellas County;

20         providing for the Florida Mental Health

21         Institute at the University of South Florida to

22         establish a workgroup; specifying the purpose

23         and responsibilities of  the workgroup;

24         providing for the secretary of the Department

25         of Elderly Affairs and the secretary of the

26         Department of Children and Family Services to

27         appoint members to the workgroup; providing for

28         a report by the workgroup; providing for future

29         repeal; providing an effective date.

30  

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

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

 2  Statutes, is amended to read:

 3         825.102  Abuse, aggravated abuse, and neglect of an

 4  elderly person or disabled adult; penalties.--

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

 6  adult" occurs when a person:

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

 8  disabled adult;

 9         (b)  Willfully tortures, maliciously punishes, or

10  willfully and unlawfully cages, an elderly person or disabled

11  adult; or

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

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

14  permanent disability, or permanent disfigurement to the

15  elderly person or disabled adult.

16  

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

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

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

20  775.084.

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

22  921.0022, Florida Statutes, is amended to read:

23         921.0022  Criminal Punishment Code; offense severity

24  ranking chart.--

25         (3)  OFFENSE SEVERITY RANKING CHART

26  

27  Florida           Felony

28  Statute           Degree             Description

29  

30                     

31                              (h)  LEVEL 8

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 1  316.193

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

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

 4  499.0051(7)        1st      Forgery of prescription or legend

 5                              drug labels.

 6  499.0052           1st      Trafficking in contraband legend

 7                              drugs.

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

 9                              payment instruments totaling or

10                              exceeding $20,000, but less than

11                              $100,000 by money transmitter.

12  560.125(5)(b)      2nd      Money transmitter business by

13                              unauthorized person, currency or

14                              payment instruments totaling or

15                              exceeding $20,000, but less than

16                              $100,000.

17  655.50(10)(b)2.    2nd      Failure to report financial

18                              transactions totaling or

19                              exceeding $20,000, but less than

20                              $100,000 by financial

21                              institutions.

22  777.03(2)(a)       1st      Accessory after the fact, capital

23                              felony.

24  782.04(4)          2nd      Killing of human without design

25                              when engaged in act or attempt of

26                              any felony other than arson,

27                              sexual battery, robbery,

28                              burglary, kidnapping, aircraft

29                              piracy, or unlawfully discharging

30                              bomb.

31  

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 1  782.051(2)         1st      Attempted felony murder while

 2                              perpetrating or attempting to

 3                              perpetrate a felony not

 4                              enumerated in s. 782.04(3).

 5  782.071(1)(b)      1st      Committing vehicular homicide and

 6                              failing to render aid or give

 7                              information.

 8  782.072(2)         1st      Committing vessel homicide and

 9                              failing to render aid or give

10                              information.

11  790.161(3)         1st      Discharging a destructive device

12                              which results in bodily harm or

13                              property damage.

14  794.011(5)         2nd      Sexual battery, victim 12 years

15                              or over, offender does not use

16                              physical force likely to cause

17                              serious injury.

18  800.04(4)          2nd      Lewd or lascivious battery.

19  806.01(1)          1st      Maliciously damage dwelling or

20                              structure by fire or explosive,

21                              believing person in structure.

22  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

23  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

24                              or dangerous weapon.

25  810.02(2)(c)       1st      Burglary of a dwelling or

26                              structure causing structural

27                              damage or $1,000 or more property

28                              damage.

29  812.13(2)(b)       1st      Robbery with a weapon.

30  812.135(2)         1st      Home-invasion robbery.

31  

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 1  817.568(6)         2nd      Fraudulent use of personal

 2                              identification information of an

 3                              individual under the age of 18.

 4  825.102(2)         1st 2nd  Aggravated abuse of an elderly

 5                              person or disabled adult.

 6  825.1025(2)        2nd      Lewd or lascivious battery upon

 7                              an elderly person or disabled

 8                              adult.

 9  825.103(2)(a)      1st      Exploiting an elderly person or

10                              disabled adult and property is

11                              valued at $100,000 or more.

12  837.02(2)          2nd      Perjury in official proceedings

13                              relating to prosecution of a

14                              capital felony.

15  837.021(2)         2nd      Making contradictory statements

16                              in official proceedings relating

17                              to prosecution of a capital

18                              felony.

19  860.121(2)(c)      1st      Shooting at or throwing any

20                              object in path of railroad

21                              vehicle resulting in great bodily

22                              harm.

23  860.16             1st      Aircraft piracy.

24  893.13(1)(b)       1st      Sell or deliver in excess of 10

25                              grams of any substance specified

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

27  893.13(2)(b)       1st      Purchase in excess of 10 grams of

28                              any substance specified in s.

29                              893.03(1)(a) or (b).

30  

31  

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

 2                              any substance specified in s.

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

 4  893.135(1)(a)2.    1st      Trafficking in cannabis, more

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

 6                              lbs.

 7  893.135

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

 9                              200 grams, less than 400 grams.

10  893.135

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

12                              more than 14 grams, less than 28

13                              grams.

14  893.135

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

16                              more than 200 grams, less than

17                              400 grams.

18  893.135

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

20                              than 5 kilograms, less than 25

21                              kilograms.

22  893.135

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

24                              than 28 grams, less than 200

25                              grams.

26  893.135

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

28                              grams or more, less than 28

29                              grams.

30  

31  

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 1  893.135

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

 3                              gamma-hydroxybutyric acid (GHB),

 4                              5 kilograms or more, less than 10

 5                              kilograms.

 6  893.135

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

 8                              kilograms or more, less than 10

 9                              kilograms.

10  893.135

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

12                              200 grams or more, less than 400

13                              grams.

14  895.03(1)          1st      Use or invest proceeds derived

15                              from pattern of racketeering

16                              activity.

17  895.03(2)          1st      Acquire or maintain through

18                              racketeering activity any

19                              interest in or control of any

20                              enterprise or real property.

21  895.03(3)          1st      Conduct or participate in any

22                              enterprise through pattern of

23                              racketeering activity.

24  896.101(5)(b)      2nd      Money laundering, financial

25                              transactions totaling or

26                              exceeding $20,000, but less than

27                              $100,000.

28  

29  

30  

31  

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 1  896.104(4)(a)2.    2nd      Structuring transactions to evade

 2                              reporting or registration

 3                              requirements, financial

 4                              transactions totaling or

 5                              exceeding $20,000 but less than

 6                              $100,000.

 7         Section 3.  Section 943.17296, Florida Statutes, is

 8  created to read:

 9         943.17296  Identification and investigation of elder

10  abuse and neglect training.--Certified law enforcement

11  officers shall successfully complete training on

12  identification and investigation of elder abuse and neglect as

13  a part of their basic recruit training required in s.

14  943.13(9) or continuing education pursuant to s. 943.135(1)

15  prior to June 30, 2008. Such training shall be developed in

16  consultation with the Department of Elderly Affairs and shall

17  incorporate instruction on the identification of and

18  appropriate responses for persons suffering from dementia and

19  on the identification and investigation of elder abuse and

20  neglect. If an officer fails to meet the required training,

21  his or her certification shall become inactive until the

22  employing agency notifies the commission that the officer has

23  completed the training.

24         Section 4.  Section 430.502, Florida Statutes, is

25  amended to read:

26         430.502  Alzheimer's disease; memory disorder clinics

27  and day care and respite care programs.--

28         (1)  There is established:

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

30  medical schools in this state;

31  

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

 2  nonprofit research-oriented teaching hospital, and may fund a

 3  memory disorder clinic at any of the other affiliated teaching

 4  hospitals;

 5         (c)  A memory disorder clinic at the Mayo Clinic in

 6  Jacksonville;

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

 8  Regional Medical Center;

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

10  the Joint Center for Advanced Therapeutics and Biomedical

11  Research of the Florida Institute of Technology and Holmes

12  Regional Medical Center, Inc.;

13         (f)  A memory disorder clinic at the Orlando Regional

14  Healthcare System, Inc.;

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

16  hospital that is operated by an independent special hospital

17  taxing district that governs multiple hospitals and is located

18  in a county with a population greater than 800,000 persons;

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

20  Center in Palm Beach County;

21         (i)  A memory disorder clinic at Tallahassee Memorial

22  Healthcare;

23         (j)  A memory disorder clinic at Lee Memorial Hospital

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

25         (k)  A memory disorder clinic at Sarasota Memorial

26  Hospital in Sarasota County; and,

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

28  Clearwater, in Pinellas County,

29  

30  for the purpose of conducting research and training in a

31  diagnostic and therapeutic setting for persons suffering from

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 1  Alzheimer's disease and related memory disorders. However,

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

 3  receive decreased funding due solely to subsequent additions

 4  of memory disorder clinics in this subsection.

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

 6  conducted by a memory disorder clinic and supported by state

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

 8  service-related, and be selected in conjunction with the

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

10  diagnostic technique, therapeutic interventions, and

11  supportive services for persons suffering from Alzheimer's

12  disease and related memory disorders and their caregivers. A

13  memory disorder clinic shall conduct such research in

14  accordance with a research plan developed by the clinic which

15  establishes research objectives that are in accordance with

16  this legislative intent. A memory disorder clinic shall also

17  complete and submit to the department a report of the

18  findings, conclusions, and recommendations of completed

19  research. This subsection does not apply to those memory

20  disorder clinics at the three medical schools in the state or

21  at the major private nonprofit research-oriented teaching

22  hospital or other affiliated teaching hospital.

23         (3)  The Alzheimer's Disease Advisory Committee must

24  evaluate the need for additional memory disorder clinics in

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

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

27  Department of Elderly Affairs may contract for the provision

28  of specialized model day care programs in conjunction with the

29  memory disorder clinics. The purpose of each model day care

30  program must be to provide service delivery to persons

31  suffering from Alzheimer's disease or a related memory

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 1  disorder and training for health care and social service

 2  personnel in the care of persons having Alzheimer's disease or

 3  related memory disorders.

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

 5  Affairs shall contract for the provision of respite care. All

 6  funds appropriated for the provision of respite care shall be

 7  distributed annually by the department to each funded county

 8  according to an allocation formula. In developing the formula,

 9  the department shall consider the number and proportion of the

10  county population of individuals who are 75 years of age and

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

12  for research and statistical data by the memory disorder

13  clinics established in this part. In consultation with the

14  memory disorder clinics, the department shall specify the

15  information to be provided by the respite care programs for

16  research purposes.

17         (6)  Each contract entered into pursuant to this

18  section must contain a requirement for a research component to

19  be completed and reported on in writing to the department

20  according to specifications and within a timeframe provided by

21  the department.

22         (7)  The Agency for Health Care Administration and the

23  department shall seek a federal waiver to implement a Medicaid

24  home and community-based waiver targeted to persons with

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

26  specific interventions to delay or to avoid institutional

27  placement.

28         (8)  The department will implement the waiver program

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

30  shall ensure that providers are selected that have a history

31  of successfully serving persons with Alzheimer's disease. The

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 1  department and the agency shall develop specialized standards

 2  for providers and services tailored to persons in the early,

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

 4  level of care determination process and standard that is most

 5  appropriate to this population. The department and the agency

 6  shall include in the waiver services designed to assist the

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

 8  department shall implement this waiver program subject to a

 9  specific appropriation or as provided in the General

10  Appropriations Act. The department and the agency shall submit

11  their program design to the President of the Senate and the

12  Speaker of the House of Representatives for consultation

13  during the development process.

14         (9)  Authority to continue the waiver program specified

15  in subsection (7) shall be automatically eliminated at the

16  close of the 2008 Regular Session of the Legislature unless

17  further legislative action is taken to continue it prior to

18  such time.

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

20  the University of South Florida shall establish a workgroup to

21  focus on the needs of older adults who have dementia or

22  related disorders and who are subject to the Florida Mental

23  Health Act for involuntary treatment. This workgroup will

24  recommend legislation that will be designed to meet the needs

25  of those older adults whose behaviors present a risk for

26  self-harm, a risk of harm to others, or self-neglect.

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

28  and the secretary of the Department of Children and Family

29  Services shall each appoint at least one member and not more

30  than seven members to the workgroup.

31         (3)  The workgroup shall:

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 1         (a)  Identify and address the problem of excessive and

 2  inappropriate involuntary examination and placement of elders,

 3  especially elders with Alzheimer's disease or related

 4  disorders, by facilities.

 5         (b)  Evaluate the potential for involuntary placement

 6  based upon additional criteria, including the history of the

 7  dementia sufferer as provided by the family.

 8         (c)  Identify and evaluate the barriers and

 9  restrictions to patient care that result from involuntary

10  placement.

11         (d)  Evaluate less restrictive alternatives that can

12  meet the crisis stabilization needs of the individual with

13  dementia or related disorders.

14         (e)  Review resources that potentially provide the best

15  opportunities for the older adult to return as quickly as

16  possible to his or her least restrictive environment.

17         (f)  Evaluate the current curriculum used to train

18  employees of receiving facilities in how to deal with clients

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

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

21  other states to serve this population.

22         (h)  Recommend a dementia-specific system that would

23  provide the best opportunity for maintaining the dignity and

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

25         (4)  Members of the workgroup shall serve without

26  compensation.

27         (5)  The workgroup shall submit a report to the

28  Governor, the Speaker of the House of Representatives, and the

29  President of the Senate no later than January 1, 2005. This

30  section is repealed February 1, 2005.

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

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                            CS/SB 448

 3                                 

 4  -    Requires certified law enforcement officers to receive
         training in identification and investigation of abuse and
 5       neglect either as a part of basic recruit training or
         through continuing education, which must be completed by
 6       June 30, 2008.

 7  -    Provides that an officer's certification is inactive if
         he or she does not complete the training by the deadline,
 8       but completion of the training allows the certification
         to be reactivated.
 9  
    -    Designate a new Memory Disorder Clinic (MDC) under the
10       Alzheimer's Disease Initiative in Clearwater.

11  -    Creates a workgroup at the Florida Mental Health
         Institute at the University of South Florida to study the
12       use of the Florida Mental Health Act for involuntary
         commitment of elderly persons who have dementia.
13  
    -    Provides that the workgroup is to report its findings and
14       recommendations to the Legislature by January 1, 2005,
         and that the workgroup is repealed effective February 1,
15       2005.

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