Senate Bill sb0448e1
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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. 430.04, F.S.; providing that the Department
18 of Elderly Affairs may fund efforts to dispel
19 stereotypes concerning mature residents in this
20 state; amending s. 430.502, F.S.; providing for
21 the establishment of a memory disorder clinic
22 at Morton Plant Hospital in Pinellas County;
23 providing for the Florida Mental Health
24 Institute at the University of South Florida to
25 establish a workgroup; specifying the purpose
26 and responsibilities of the workgroup;
27 providing for the secretary of the Department
28 of Elderly Affairs and the secretary of the
29 Department of Children and Family Services to
30 appoint members to the workgroup; providing for
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1 a report by the workgroup; providing for future
2 repeal; providing an effective date.
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4 Be It Enacted by the Legislature of the State of Florida:
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6 Section 1. 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.
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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 2. Paragraph (h) of subsection (3) of section
27 921.0022, Florida Statutes, is amended to read:
28 921.0022 Criminal Punishment Code; offense severity
29 ranking chart.--
30 (3) OFFENSE SEVERITY RANKING CHART
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1 Florida Felony
2 Statute Degree Description
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5 (h) LEVEL 8
6 316.193
7 (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.
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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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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.
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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
14 (1)(b)1.b. 1st Trafficking in cocaine, more than
15 200 grams, less than 400 grams.
16 893.135
17 (1)(c)1.b. 1st Trafficking in illegal drugs,
18 more than 14 grams, less than 28
19 grams.
20 893.135
21 (1)(d)1.b. 1st Trafficking in phencyclidine,
22 more than 200 grams, less than
23 400 grams.
24 893.135
25 (1)(e)1.b. 1st Trafficking in methaqualone, more
26 than 5 kilograms, less than 25
27 kilograms.
28 893.135
29 (1)(f)1.b. 1st Trafficking in amphetamine, more
30 than 28 grams, less than 200
31 grams.
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1 893.135
2 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14
3 grams or more, less than 28
4 grams.
5 893.135
6 (1)(h)1.b. 1st Trafficking in
7 gamma-hydroxybutyric acid (GHB),
8 5 kilograms or more, less than 10
9 kilograms.
10 893.135
11 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5
12 kilograms or more, less than 10
13 kilograms.
14 893.135
15 (1)(k)2.b. 1st Trafficking in Phenethylamines,
16 200 grams or more, less than 400
17 grams.
18 895.03(1) 1st Use or invest proceeds derived
19 from pattern of racketeering
20 activity.
21 895.03(2) 1st Acquire or maintain through
22 racketeering activity any
23 interest in or control of any
24 enterprise or real property.
25 895.03(3) 1st Conduct or participate in any
26 enterprise through pattern of
27 racketeering activity.
28 896.101(5)(b) 2nd Money laundering, financial
29 transactions totaling or
30 exceeding $20,000, but less than
31 $100,000.
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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. Subsection (17) is added to section 430.04,
25 Florida Statutes, to read:
26 430.04 Duties and responsibilities of the Department
27 of Elderly Affairs.--The Department of Elderly Affairs shall:
28 (17) Address and dispel commonly held misperceptions
29 and stereotypes about mature Floridians and ensure Florida's
30 position as a premier retirement destination. The department
31 may within existing resources, encourage contributions and
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1 grants through private, state, and federal sources and to make
2 expenditures from such contributions and grant funds for the
3 purposes of carrying out the duties of this subsection.
4 Section 5. Section 430.502, Florida Statutes, is
5 amended to read:
6 430.502 Alzheimer's disease; memory disorder clinics
7 and day care and respite care programs.--
8 (1) There is established:
9 (a) A memory disorder clinic at each of the three
10 medical schools in this state;
11 (b) A memory disorder clinic at a major private
12 nonprofit research-oriented teaching hospital, and may fund a
13 memory disorder clinic at any of the other affiliated teaching
14 hospitals;
15 (c) A memory disorder clinic at the Mayo Clinic in
16 Jacksonville;
17 (d) A memory disorder clinic at the West Florida
18 Regional Medical Center;
19 (e) The East Central Florida Memory Disorder Clinic at
20 the Joint Center for Advanced Therapeutics and Biomedical
21 Research of the Florida Institute of Technology and Holmes
22 Regional Medical Center, Inc.;
23 (f) A memory disorder clinic at the Orlando Regional
24 Healthcare System, Inc.;
25 (g) A memory disorder center located in a public
26 hospital that is operated by an independent special hospital
27 taxing district that governs multiple hospitals and is located
28 in a county with a population greater than 800,000 persons;
29 (h) A memory disorder clinic at St. Mary's Medical
30 Center in Palm Beach County;
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1 (i) A memory disorder clinic at Tallahassee Memorial
2 Healthcare;
3 (j) A memory disorder clinic at Lee Memorial Hospital
4 created by chapter 63-1552, Laws of Florida, as amended; and
5 (k) A memory disorder clinic at Sarasota Memorial
6 Hospital in Sarasota County; and,
7 (l) A memory disorder clinic at Morton Plant Hospital,
8 Clearwater, in Pinellas County,
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10 for the purpose of conducting research and training in a
11 diagnostic and therapeutic setting for persons suffering from
12 Alzheimer's disease and related memory disorders. However,
13 memory disorder clinics funded as of June 30, 1995, shall not
14 receive decreased funding due solely to subsequent additions
15 of memory disorder clinics in this subsection.
16 (2) It is the intent of the Legislature that research
17 conducted by a memory disorder clinic and supported by state
18 funds pursuant to subsection (1) be applied research, be
19 service-related, and be selected in conjunction with the
20 department. Such research may address, but is not limited to,
21 diagnostic technique, therapeutic interventions, and
22 supportive services for persons suffering from Alzheimer's
23 disease and related memory disorders and their caregivers. A
24 memory disorder clinic shall conduct such research in
25 accordance with a research plan developed by the clinic which
26 establishes research objectives that are in accordance with
27 this legislative intent. A memory disorder clinic shall also
28 complete and submit to the department a report of the
29 findings, conclusions, and recommendations of completed
30 research. This subsection does not apply to those memory
31 disorder clinics at the three medical schools in the state or
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1 at the major private nonprofit research-oriented teaching
2 hospital or other affiliated teaching hospital.
3 (3) The Alzheimer's Disease Advisory Committee must
4 evaluate the need for additional memory disorder clinics in
5 the state. The first report will be due by December 31, 1995.
6 (4) Pursuant to the provisions of s. 287.057, the
7 Department of Elderly Affairs may contract for the provision
8 of specialized model day care programs in conjunction with the
9 memory disorder clinics. The purpose of each model day care
10 program must be to provide service delivery to persons
11 suffering from Alzheimer's disease or a related memory
12 disorder and training for health care and social service
13 personnel in the care of persons having Alzheimer's disease or
14 related memory disorders.
15 (5) Pursuant to s. 287.057, the Department of Elderly
16 Affairs shall contract for the provision of respite care. All
17 funds appropriated for the provision of respite care shall be
18 distributed annually by the department to each funded county
19 according to an allocation formula. In developing the formula,
20 the department shall consider the number and proportion of the
21 county population of individuals who are 75 years of age and
22 older. Each respite care program shall be used as a resource
23 for research and statistical data by the memory disorder
24 clinics established in this part. In consultation with the
25 memory disorder clinics, the department shall specify the
26 information to be provided by the respite care programs for
27 research purposes.
28 (6) Each contract entered into pursuant to this
29 section must contain a requirement for a research component to
30 be completed and reported on in writing to the department
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1 according to specifications and within a timeframe provided by
2 the department.
3 (7) The Agency for Health Care Administration and the
4 department shall seek a federal waiver to implement a Medicaid
5 home and community-based waiver targeted to persons with
6 Alzheimer's disease to test the effectiveness of Alzheimer's
7 specific interventions to delay or to avoid institutional
8 placement.
9 (8) The department will implement the waiver program
10 specified in subsection (7). The agency and the department
11 shall ensure that providers are selected that have a history
12 of successfully serving persons with Alzheimer's disease. The
13 department and the agency shall develop specialized standards
14 for providers and services tailored to persons in the early,
15 middle, and late stages of Alzheimer's disease and designate a
16 level of care determination process and standard that is most
17 appropriate to this population. The department and the agency
18 shall include in the waiver services designed to assist the
19 caregiver in continuing to provide in-home care. The
20 department shall implement this waiver program subject to a
21 specific appropriation or as provided in the General
22 Appropriations Act. The department and the agency shall submit
23 their program design to the President of the Senate and the
24 Speaker of the House of Representatives for consultation
25 during the development process.
26 (9) Authority to continue the waiver program specified
27 in subsection (7) shall be automatically eliminated at the
28 close of the 2008 Regular Session of the Legislature unless
29 further legislative action is taken to continue it prior to
30 such time.
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1 Section 6. (1) The Florida Mental Health Institute at
2 the University of South Florida shall establish a workgroup to
3 focus on the needs of older adults who have dementia or
4 related disorders and who are subject to the Florida Mental
5 Health Act for involuntary treatment. This workgroup will
6 recommend legislation that will be designed to meet the needs
7 of those older adults whose behaviors present a risk for
8 self-harm, a risk of harm to others, or self-neglect.
9 (2) The secretary of the Department of Elderly Affairs
10 and the secretary of the Department of Children and Family
11 Services shall each appoint at least one member and not more
12 than seven members to the workgroup.
13 (3) The workgroup shall:
14 (a) Identify and address the problem of excessive and
15 inappropriate involuntary examination and placement of elders,
16 especially elders with Alzheimer's disease or related
17 disorders, by facilities.
18 (b) Evaluate the potential for involuntary placement
19 based upon additional criteria, including the history of the
20 dementia sufferer as provided by the family.
21 (c) Identify and evaluate the barriers and
22 restrictions to patient care that result from involuntary
23 placement.
24 (d) Evaluate less restrictive alternatives that can
25 meet the crisis stabilization needs of the individual with
26 dementia or related disorders.
27 (e) Review resources that potentially provide the best
28 opportunities for the older adult to return as quickly as
29 possible to his or her least restrictive environment.
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1 (f) Evaluate the current curriculum used to train
2 employees of receiving facilities in how to deal with clients
3 with a diagnosis of Alzheimer's disease or a related dementia.
4 (g) Provide a summary of methods and systems used in
5 other states to serve this population.
6 (h) Recommend a dementia-specific system that would
7 provide the best opportunity for maintaining the dignity and
8 well-being of the state's older adult population.
9 (4) Members of the workgroup shall serve without
10 compensation.
11 (5) The workgroup shall submit a report to the
12 Governor, the Speaker of the House of Representatives, and the
13 President of the Senate no later than January 1, 2005. This
14 section is repealed February 1, 2005.
15 Section 7. This act shall take effect July 1, 2004.
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