Florida Senate - 2014 SB 904 By Senator Thompson 12-00711A-14 2014904__ 1 A bill to be entitled 2 An act relating to the abuse of a parent; creating s. 3 741.50, F.S.; defining the terms “child” and “parent” 4 for purposes of the crimes of abuse of a parent, 5 aggravated abuse of a parent, exploitation of a 6 parent’s assets, and emotional abuse of a parent; 7 providing the elements of such crimes; providing 8 criminal penalties; authorizing alternative sentencing 9 under certain circumstances; requiring reporting of 10 the abuse of a parent or exploitation of a parent’s 11 assets to the Department of Children and Families’ 12 central abuse hotline; providing immunity for a person 13 who makes such a report; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 741.50, Florida Statutes, is created to 18 read: 19 741.50 Abuse and exploitation of a parent.— 20 (1) As used in this section, the term: 21 (a) “Child” means an unmarried person younger than 18 years 22 of age who has not been emancipated by order of the court. 23 (b) “Parent” means a child’s biological parent. 24 (2) A child commits abuse of a parent if he or she: 25 (a) Inflicts physical injury or threatens to inflict great 26 bodily harm upon a parent; 27 (b) Commits an act that could reasonably be expected to 28 result in physical injury to a parent; or 29 (c) Actively encourages the commission of an act that 30 results or could reasonably be expected to result in physical 31 injury to a parent. 32 (3) A child commits aggravated abuse of a parent if he or 33 she: 34 (a) Commits aggravated battery pursuant to s. 784.045 or 35 aggravated assault pursuant to s. 784.021 of a parent; 36 (b) Falsely imprisons a parent pursuant to s. 787.02; or 37 (c) Causes great bodily harm to, permanent disability of, 38 or permanent disfigurement of a parent. 39 (4) A child commits exploitation of a parent’s assets if he 40 or she: 41 (a) Willfully damages or steals a parent’s physical 42 property; or 43 (b) Engages in activities outside the home that financially 44 intimidate or harm a parent, including, but not limited to, the 45 incurring of fines or other costs for which a parent is 46 financially liable, theft, or making charges or financial 47 commitments in a parent’s name. 48 (5) A child commits emotional abuse of a parent if he or 49 she: 50 (a) Induces a parent to take an action under threat; 51 (b) Falsely reports child abuse; or 52 (c) Engages in repeated conduct that results in, or could 53 be reasonably expected to result in, the infliction of physical 54 injury, including repeated threats of great bodily harm or 55 death. 56 (6) A violation of: 57 (a) Subsection (2) for abuse is a misdemeanor of the second 58 degree, punishable as provided in s. 775.082 or s. 775.083. 59 (b) Paragraph (3)(a) for aggravated battery is a felony of 60 the second degree, punishable as provided in s. 775.082, s. 61 775.083, or s. 775.084. 62 (c) Paragraph (3)(a) for aggravated assault is a felony of 63 the third degree, punishable as provided in s. 775.082, s. 64 775.083, or s. 775.084. 65 (d) Paragraph (3)(b) for false imprisonment is a felony of 66 the third degree, punishable as provided in s. 787.02. 67 (e) Paragraph (3)(c) for great bodily harm, permanent 68 disability, or permanent disfigurement is a felony of the first 69 degree, punishable as provided in s. 775.082, s. 775.083, or s. 70 775.084. 71 (f) Subsection (4) for exploitation of assets is a: 72 1. Misdemeanor of the second degree, punishable as provided 73 in s. 775.082 or s. 775.083, if the value is less than $500. 74 2. Misdemeanor of the first degree, punishable as provided 75 in s. 775.082 or s. 775.083, if the value is $500 or more but 76 less than $5,000. 77 3. Felony of the third degree, punishable as provided in s. 78 775.082, s. 775.083, or s. 775.084, if the value is $5,000 or 79 more but less than $10,000. 80 4. Felony of the second degree, punishable as provided in 81 s. 775.082, s. 775.083, or s. 775.084, if the value is $10,000 82 or more but less than $50,000. 83 5. Felony of the first degree, punishable as provided in s. 84 775.082, s. 775.083, or s. 775.084, if the value is $50,000 or 85 more. 86 (g) Subsection (5) for emotional abuse is a misdemeanor of 87 the second degree, punishable as provided in s. 775.082 or s. 88 775.083. 89 (7) If a child is convicted of aggravated abuse of a parent 90 under subsection (3) or exploitation of a parent’s assets under 91 subsection (4), upon request of the state attorney or defense 92 attorney, the court may reduce a felony charge to a misdemeanor 93 and provide alternative sentencing. Such alternative sentencing 94 may include, but need not be limited to, probation or required 95 attendance in specialized intervention programs. 96 (8) A person who knows, or has reasonable cause to suspect, 97 that a parent is being abused or that a parent’s assets are 98 being exploited by his or her child shall report such knowledge 99 or suspicion to the Department of Children and Families’ central 100 abuse hotline. A person who files a report in good faith or 101 participates in an investigation resulting from a report is 102 immune from prosecution for such reporting or participation. 103 Section 2. This act shall take effect October 1, 2014.