| 1 | A bill to be entitled |
| 2 | An act relating to protection of elderly persons and |
| 3 | disabled adults; providing a short title; amending ss. |
| 4 | 784.08, 812.0145, 825.102, 825.1025, and 825.103, F.S.; |
| 5 | providing for designation of certain offenders as "elder |
| 6 | predators" or "disabled adult predators" for specified |
| 7 | purposes; creating s. 943.0425, F.S.; providing for the |
| 8 | creation of a publicly accessible Internet database of |
| 9 | elder predators and disabled adult predators; providing |
| 10 | requirements for the database; providing immunity from |
| 11 | civil damages for certain good faith actions relating to |
| 12 | the database; providing a presumption of good faith in |
| 13 | specified circumstances; providing an effective date. |
| 14 |
|
| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
|
| 17 | Section 1. This act may be cited as the "Elderly Person |
| 18 | and Disabled Adult Protection Act of 2007." |
| 19 | Section 2. Subsection (4) is added to section 784.08, |
| 20 | Florida Statutes, to read: |
| 21 | 784.08 Assault or battery on persons 65 years of age or |
| 22 | older; reclassification of offenses; minimum sentence.-- |
| 23 | (4) An individual whose offense is reclassified under this |
| 24 | section shall be designated as an "elder predator" for purposes |
| 25 | of s. 943.0425. |
| 26 | Section 3. Subsection (3) is added to section 812.0145, |
| 27 | Florida Statutes, to read: |
| 28 | 812.0145 Theft from persons 65 years of age or older; |
| 29 | reclassification of offenses.-- |
| 30 | (3) An individual whose offense is reclassified under this |
| 31 | section shall be designated as an "elder predator" for purposes |
| 32 | of s. 943.0425. |
| 33 | Section 4. Subsection (4) is added to section 825.102, |
| 34 | Florida Statutes, to read: |
| 35 | 825.102 Abuse, aggravated abuse, and neglect of an elderly |
| 36 | person or disabled adult; penalties.-- |
| 37 | (4)(a) An individual whose offense against an elderly |
| 38 | person is reclassified under this section shall be designated as |
| 39 | an "elder predator" for purposes of s. 943.0425. |
| 40 | (b) An individual whose offense against a disabled adult |
| 41 | is reclassified under this section shall be designated as a |
| 42 | "disabled adult predator" for purposes of s. 943.0425. |
| 43 | Section 5. Subsection (5) is added to section 825.1025, |
| 44 | Florida Statutes, to read: |
| 45 | 825.1025 Lewd or lascivious offenses committed upon or in |
| 46 | the presence of an elderly person or disabled person.-- |
| 47 | (5)(a) An individual whose offense against an elderly |
| 48 | person is reclassified under this section shall be designated as |
| 49 | an "elder predator" for purposes of s. 943.0425. |
| 50 | (b) An individual whose offense against a disabled person |
| 51 | is reclassified under this section shall be designated as a |
| 52 | "disabled adult predator" for purposes of s. 943.0425. |
| 53 | Section 6. Subsection (3) is added to section 825.103, |
| 54 | Florida Statutes, to read: |
| 55 | 825.103 Exploitation of an elderly person or disabled |
| 56 | adult; penalties.-- |
| 57 | (3)(a) An individual whose offense against an elderly |
| 58 | person is reclassified under this section shall be designated as |
| 59 | an "elder predator" for purposes of s. 943.0425. |
| 60 | (b) An individual whose offense against a disabled adult |
| 61 | is reclassified under this section shall be designated as a |
| 62 | "disabled adult predator" for purposes of s. 943.0425. |
| 63 | Section 7. Section 943.0425, Florida Statutes, is created |
| 64 | to read: |
| 65 | 943.0425 Elderly and disabled adult predator database.-- |
| 66 | (1) The department shall make identification, case, and |
| 67 | criminal history information for individuals designated as elder |
| 68 | predators or disabled adult predators available to the public |
| 69 | through an Internet database. The database shall be searchable |
| 70 | by the public and shall include the capability of searching for |
| 71 | offenders by zip code. |
| 72 | (2) The database shall not allow the public to access |
| 73 | information that is confidential and exempt from public |
| 74 | disclosure under s. 119.07(1) and s. 24(a), Art. I of the State |
| 75 | Constitution. |
| 76 | (3) The department, its personnel, and any individual or |
| 77 | entity acting at the request or upon the direction of the |
| 78 | department are immune from civil liability for damages for good |
| 79 | faith compliance with this section and will be presumed to have |
| 80 | acted in good faith by reporting information. The presumption of |
| 81 | good faith is not overcome if technical or clerical errors are |
| 82 | made by the department, its personnel, or any individual or |
| 83 | entity acting at the request or upon the direction of the |
| 84 | department in reporting the information; if the department and |
| 85 | its personnel are unable to report information because the |
| 86 | information has not been provided or reported by a person or |
| 87 | agency required to provide or report the information to the |
| 88 | department; or if the department, its personnel, or any |
| 89 | individual or entity acting at the request or upon the direction |
| 90 | of the department reports information that was falsely reported |
| 91 | without the knowledge of the department, its personnel, or such |
| 92 | individual or entity. |
| 93 | Section 8. This act shall take effect October 1, 2007. |