Senate Bill sb0378c1
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Florida Senate - 2006 CS for SB 378
By the Committee on Children and Families; and Senator
Margolis
586-1703-06
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 training on
11 identifying and investigating elder abuse for
12 certified law enforcement officers; requiring
13 that the training be completed by a time
14 certain; providing that an officer's
15 certification becomes inactive in certain
16 circumstances related to the failure to
17 complete the training; providing an effective
18 date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsection (2) of section 825.102, Florida
23 Statutes, is amended to read:
24 825.102 Abuse, aggravated abuse, and neglect of an
25 elderly person or disabled adult; penalties.--
26 (2) "Aggravated abuse of an elderly person or disabled
27 adult" occurs when a person:
28 (a) Commits aggravated battery on an elderly person or
29 disabled adult;
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Florida Senate - 2006 CS for SB 378
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1 (b) Willfully tortures, maliciously punishes, or
2 willfully and unlawfully cages, an elderly person or disabled
3 adult; or
4 (c) Knowingly or willfully abuses an elderly person or
5 disabled adult and in so doing causes great bodily harm,
6 permanent disability, or permanent disfigurement to the
7 elderly person or disabled adult.
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9 A person who commits aggravated abuse of an elderly person or
10 disabled adult commits a felony of the first second degree,
11 punishable as provided in s. 775.082, s. 775.083, or s.
12 775.084.
13 Section 2. Paragraph (h) of subsection (3) of section
14 921.0022, Florida Statutes, is amended to read:
15 921.0022 Criminal Punishment Code; offense severity
16 ranking chart.--
17 (3) OFFENSE SEVERITY RANKING CHART
18
19 Florida Felony
20 Statute Degree Description
21
22
23 (h) LEVEL 8
24 316.193
25 (3)(c)3.a. 2nd DUI manslaughter.
26 316.1935(4)(b) 1st Aggravated fleeing or attempted
27 eluding with serious bodily
28 injury or death.
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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Florida Senate - 2006 CS for SB 378
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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).
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Florida Senate - 2006 CS for SB 378
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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.
25 812.014(2)(a)2. 1st Property stolen; cargo valued at
26 $50,000 or more, grand theft in
27 1st degree.
28 812.13(2)(b) 1st Robbery with a weapon.
29 812.135(2)(c) 1st Home-invasion robbery, no
30 firearm, deadly weapon, or other
31 weapon.
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Florida Senate - 2006 CS for SB 378
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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).
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Florida Senate - 2006 CS for SB 378
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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.
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Florida Senate - 2006 CS for SB 378
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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.
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Florida Senate - 2006 CS for SB 378
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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 Training in identification and investigation
10 of elder abuse and neglect.--Each certified law enforcement
11 officer must successfully complete training on identifying and
12 investigating elder abuse and neglect as a part of the
13 officer's basic recruit training required in s. 943.13(9) or
14 continuing education under s. 943.135(1) before June 30, 2009.
15 The training shall be developed in consultation with the
16 Department of Elderly Affairs and the Department of Children
17 and Family Services and must incorporate instruction on
18 identification of and appropriate responses for persons
19 suffering from dementia and on identifying and investigating
20 elder abuse and neglect. If an officer fails to meet the
21 required training, his or her certification shall become
22 inactive until the employing agency notifies the commission
23 that the officer has completed the training.
24 Section 4. This act shall take effect July 1, 2006.
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26 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
27 Senate Bill 378
28
29 This committee substitute does the following:
30 Requires that the Department of Children and Family Services
be consulted in developing law enforcement training on
31 investigating adult abuse and neglect.
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