HB 21

1	A bill to be entitled
2	An act relating to elderly persons and disabled adults;
3	amending s. 825.102, F.S.; reclassifying the offense of
4	aggravated abuse of an elderly person or disabled adult as
5	a first degree felony; amending s. 921.0022, F.S.,
6	relating to the offense severity ranking chart of the
7	Criminal Punishment Code, to conform; creating s.
8	943.17296, F.S., relating to training on identifying and
9	investigating elder abuse for certified law enforcement
10	officers; requiring that the training be completed by a
11	time certain; providing that an officer's certification
12	becomes inactive in certain circumstances related to the
13	failure to complete the training; providing an effective
14	date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (2) of section 825.102, Florida
19	Statutes, is amended to read:
20	825.102  Abuse, aggravated abuse, and neglect of an elderly
21	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 willfully
27	and unlawfully cages, an elderly person or disabled adult; or
28	(c)  Knowingly or willfully abuses an elderly person or
29	disabled adult and in so doing causes great bodily harm,
30	permanent disability, or permanent disfigurement to the elderly
31	person or disabled adult.
32
33	A person who commits aggravated abuse of an elderly person or
34	disabled adult commits a felony of the first second degree,
35	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
36	Section 2.  Paragraph (h) of subsection (3) of section
37	921.0022, Florida Statutes, is amended to read:
38	921.0022  Criminal Punishment Code; offense severity
39	ranking chart.--
40	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
41
	(h)  LEVEL 8
42
	316.193(3)(c)3.a. 2nd DUI manslaughter.
43
	316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
44
	327.35(3)(c)3. 2nd Vessel BUI manslaughter.
45
	499.0051(7) 1st Forgery of prescription or legend drug labels.
46
	499.0052 1st Trafficking in contraband legend drugs.
47
	560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
48
	560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
49
	655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
50
	777.03(2)(a) 1st Accessory after the fact, capital felony.
51
	782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aircraft piracy, or unlawfully discharging bomb.
52
	782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
53
	782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
54
	782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
55
	790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
56
	794.011(5) 2nd Sexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
57
	800.04(4) 2nd Lewd or lascivious battery.
58
	806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
59
	810.02(2)(a) 1st,PBL Burglary with assault or battery.
60
	810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
61
	810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
62
	812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
63
	812.13(2)(b) 1st Robbery with a weapon.
64
	812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
65
	817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
66
	825.102(2) 1st 2nd Aggravated abuse of an elderly person or disabled adult.
67
	825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
68
	825.103(2)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $100,000 or more.
69
	837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
70
	837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
71
	860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
72
	860.16 1st Aircraft piracy.
73
	893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
74
	893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
75
	893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
76
	893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
77
	893.135(1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
78
	893.135(1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
79
	893.135(1)(d)1.b. 1st Trafficking in phencyclidine, more than 200 grams, less than 400 grams.
80
	893.135(1)(e)1.b. 1st Trafficking in methaqualone, more than 5 kilograms, less than 25 kilograms.
81
	893.135(1)(f)1.b. 1st Trafficking in amphetamine, more than 28 grams, less than 200 grams.
82
	893.135(1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
83
	893.135(1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
84
	893.135(1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
85
	893.135(1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
86
	895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
87
	895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
88
	895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
89
	896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
90
	896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
91
92	Section 3.  Section 943.17296, Florida Statutes, is created
93	to read:
94	943.17296  Training in identification and investigation of
95	elder abuse and neglect.--Each certified law enforcement officer
96	must successfully complete training on identifying and
97	investigating elder abuse and neglect as a part of the officer's
98	basic recruit training required in s. 943.13(9) or continuing
99	education under s. 943.135(1) before June 30, 2010. The training
100	shall be developed in consultation with the Department of
101	Elderly Affairs and the Department of Children and Family
102	Services and must incorporate instruction on identification of
103	and appropriate responses for persons suffering from dementia
104	and on identifying and investigating elder abuse and neglect. If
105	an officer fails to meet the required training, his or her
106	certification shall become inactive until the employing agency
107	notifies the commission that the officer has completed the
108	training.
109	Section 4.  This act shall take effect July 1, 2007.

CODING: Words stricken are deletions; words underlined are additions.