Florida Senate - 2016                                    SB 1296
       
       
        
       By Senator Thompson
       
       12-00214B-16                                          20161296__
    1                        A bill to be entitled                      
    2         An act relating to the abuse of a parent; creating s.
    3         784.09, 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 the reporting
   10         of the abuse of a parent or exploitation of a parent’s
   11         assets to the central abuse hotline of the Department
   12         of Children and Families; providing immunity from
   13         prosecution for a person who files, or participates in
   14         an investigation resulting from, such a report;
   15         providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 784.09, Florida Statutes, is created to
   20  read:
   21         784.09Abuse and exploitation of a parent.—
   22         (1) As used in this section, the term:
   23         (a) “Child” means an unmarried person younger than 18 years
   24  of age who has not been emancipated by order of a court.
   25         (b) “Parent” means a child’s legal parent.
   26         (2) A child commits abuse of his or her parent if he or
   27  she:
   28         (a)Inflicts physical injury or threatens to inflict great
   29  bodily harm upon the parent;
   30         (b)Commits an act that could reasonably be expected to
   31  result in physical injury to the parent; or
   32         (c) Actively encourages the commission of an act that
   33  results in, or could reasonably be expected to result in,
   34  physical injury to the parent.
   35         (3) A child commits aggravated abuse of his or her parent
   36  if he or she:
   37         (a) Commits aggravated battery pursuant to s. 784.045 or
   38  aggravated assault pursuant to s. 784.021 of the parent;
   39         (b) Falsely imprisons the parent pursuant to s. 787.02; or
   40         (c) Causes great bodily harm to, permanent disability of,
   41  or permanent disfigurement of the parent.
   42         (4) A child commits exploitation of his or her parent’s
   43  assets if he or she:
   44         (a) Willfully damages or steals the parent’s physical
   45  property; or
   46         (b) Engages in activities outside the home that financially
   47  intimidate or harm the parent, including, but not limited to,
   48  theft, the incurring of fines or other costs for which the
   49  parent is financially liable, or making purchases, charges, or
   50  financial commitments in the parent’s name.
   51         (5) A child commits emotional abuse of his or her parent if
   52  he or she:
   53         (a) Induces the parent to take an action under threat;
   54         (b) Falsely reports child abuse; or
   55         (c) Engages in repeated conduct that results in, or could
   56  be reasonably expected to result in, the infliction of physical
   57  injury, including repeated threats of great bodily harm or
   58  death.
   59         (6) A child who violates:
   60         (a) Subsection (2) for abuse of his or her parent commits a
   61  misdemeanor of the second degree, punishable as provided in s.
   62  775.082 or s. 775.083.
   63         (b) Paragraph (3)(a) for aggravated battery of his or her
   64  parent commits a felony of the second degree, punishable as
   65  provided in s. 775.082, s. 775.083, or s. 775.084.
   66         (c)Paragraph (3)(a) for aggravated assault of his or her
   67  parent commits a felony of the third degree, punishable as
   68  provided in s. 775.082, s. 775.083, or s. 775.084.
   69         (d) Paragraph (3)(b) for false imprisonment of his or her
   70  parent commits a felony of the third degree, punishable as
   71  provided in s. 787.02.
   72         (e) Paragraph (3)(c) for great bodily harm to, permanent
   73  disability of, or permanent disfigurement of his or her parent
   74  commits a felony of the first degree, punishable as provided in
   75  s. 775.082, s. 775.083, or s. 775.084.
   76         (f) Subsection (4) for exploitation of his or her parent’s
   77  assets commits a:
   78         1. Misdemeanor of the second degree, punishable as provided
   79  in s. 775.082 or s. 775.083, if the value is less than $500.
   80         2. Misdemeanor of the first degree, punishable as provided
   81  in s. 775.082 or s. 775.083, if the value is $500 or more but
   82  less than $5,000.
   83         3. Felony of the third degree, punishable as provided in s.
   84  775.082, s. 775.083, or s. 775.084, if the value is $5,000 or
   85  more but less than $10,000.
   86         4. Felony of the second degree, punishable as provided in
   87  s. 775.082, s. 775.083, or s. 775.084, if the value is $10,000
   88  or more but less than $50,000.
   89         5. Felony of the first degree, punishable as provided in s.
   90  775.082, s. 775.083, or s. 775.084, if the value is $50,000 or
   91  more.
   92         (g) Subsection (5) for emotional abuse of his or her parent
   93  commits a misdemeanor of the second degree, punishable as
   94  provided in s. 775.082 or s. 775.083.
   95         (7) If a child is convicted of aggravated abuse of his or
   96  her parent under subsection (3) or exploitation of his or her
   97  parent’s assets under subsection (4), upon request of the state
   98  attorney or defense attorney, the court may reduce a felony
   99  charge to a misdemeanor and provide alternative sentencing. Such
  100  alternative sentencing may include, but is not limited to,
  101  probation or required attendance in specialized intervention
  102  programs.
  103         (8) A person who knows, or has reasonable cause to suspect,
  104  that a parent is being abused or that a parent’s assets are
  105  being exploited by his or her child shall report such knowledge
  106  or suspicion to the central abuse hotline of the Department of
  107  Children and Families. A person who files a report in good faith
  108  or participates in an investigation resulting from a report is
  109  immune from prosecution for such reporting or participation.
  110         Section 2. This act shall take effect October 1, 2016.