Florida Senate - 2022 SB 972 By Senator Book 32-00643A-22 2022972__ 1 A bill to be entitled 2 An act relating to offenses against elderly persons or 3 disabled adults; providing a short title; amending s. 4 775.0863, F.S.; specifying that the reclassification 5 of a specified crime occurs if the crime was based in 6 whole or in part on a disability of any person; 7 replacing the term mental or physical disability 8 with the term disability; defining the term 9 disability; amending s. 825.103, F.S.; providing 10 enhanced criminal penalties for second or subsequent 11 offenses of exploitation of an elderly person or a 12 disabled adult if the funds, assets, or property 13 involved has a specified valuation; amending s. 14 877.19, F.S.; expanding the data the Governor is 15 required to collect and disseminate to include 16 incidents of criminal acts that evidence prejudice 17 based on disability; providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1.This act may be cited as the Don Bryant 22 Protection Act. 23 Section 2.Section 775.0863, Florida Statutes, is amended 24 to read: 25 775.0863Evidencing prejudice while committing offense 26 against person with mental or physical disability; 27 reclassification. 28 (2)(1)(a)The penalty for any felony or misdemeanor must 29 shall be reclassified as provided in this subsection if the 30 commission of such felony or misdemeanor evidences prejudice 31 based in whole or in part on a mental or physical disability of 32 any person the victim: 33 (a)1.A misdemeanor of the second degree is reclassified to 34 a misdemeanor of the first degree. 35 (b)2.A misdemeanor of the first degree is reclassified to 36 a felony of the third degree. 37 (c)3.A felony of the third degree is reclassified to a 38 felony of the second degree. 39 (d)4.A felony of the second degree is reclassified to a 40 felony of the first degree. 41 (e)5.A felony of the first degree is reclassified to a 42 life felony. 43 (1)(b)As used in this section paragraph (a), the term 44 disability mental or physical disability means a physical or 45 mental impairment that substantially limits one or more of a 46 persons major life activities. The term includes, but is not 47 limited to, Alzheimers disease and dementia condition of mental 48 or physical incapacitation due to a developmental disability, 49 organic brain damage, or mental illness, and one or more mental 50 or physical limitations that restrict a persons ability to 51 perform the normal activities of daily living. 52 (3)(2)A person or an organization that establishes by 53 clear and convincing evidence that it has been coerced, 54 intimidated, or threatened in violation of this section has a 55 civil cause of action for treble damages, an injunction, or any 56 other appropriate relief in law or in equity. Upon prevailing in 57 such civil action, the plaintiff may recover reasonable attorney 58 fees and costs. 59 (4)(3)It is an essential element of this section that the 60 record reflect that the defendant perceived, knew, or had 61 reasonable grounds to know or perceive that the person victim 62 was within the class delineated in this section. 63 Section 3.Subsection (3) of section 825.103, Florida 64 Statutes, is amended, and subsection (1) of that section is 65 republished, to read: 66 825.103Exploitation of an elderly person or disabled 67 adult; penalties. 68 (1)Exploitation of an elderly person or disabled adult 69 means: 70 (a)Knowingly obtaining or using, or endeavoring to obtain 71 or use, an elderly persons or disabled adults funds, assets, 72 or property with the intent to temporarily or permanently 73 deprive the elderly person or disabled adult of the use, 74 benefit, or possession of the funds, assets, or property, or to 75 benefit someone other than the elderly person or disabled adult, 76 by a person who: 77 1.Stands in a position of trust and confidence with the 78 elderly person or disabled adult; or 79 2.Has a business relationship with the elderly person or 80 disabled adult; 81 (b)Obtaining or using, endeavoring to obtain or use, or 82 conspiring with another to obtain or use an elderly persons or 83 disabled adults funds, assets, or property with the intent to 84 temporarily or permanently deprive the elderly person or 85 disabled adult of the use, benefit, or possession of the funds, 86 assets, or property, or to benefit someone other than the 87 elderly person or disabled adult, by a person who knows or 88 reasonably should know that the elderly person or disabled adult 89 lacks the capacity to consent; 90 (c)Breach of a fiduciary duty to an elderly person or 91 disabled adult by the persons guardian, trustee who is an 92 individual, or agent under a power of attorney which results in 93 an unauthorized appropriation, sale, transfer of property, 94 kickback, or receipt of an improper benefit. An unauthorized 95 appropriation under this paragraph occurs when the elderly 96 person or disabled adult does not receive the reasonably 97 equivalent financial value in goods or services, or when the 98 fiduciary violates any of these duties: 99 1.For agents appointed under chapter 709: 100 a.Committing fraud in obtaining their appointments; 101 b.Obtaining appointments with the purpose and design of 102 benefiting someone other than the principal or beneficiary; 103 c.Abusing their powers; 104 d.Wasting, embezzling, or intentionally mismanaging the 105 assets of the principal or beneficiary; or 106 e.Acting contrary to the principals sole benefit or best 107 interest; or 108 2.For guardians and trustees who are individuals and who 109 are appointed under chapter 736 or chapter 744: 110 a.Committing fraud in obtaining their appointments; 111 b.Obtaining appointments with the purpose and design of 112 benefiting someone other than the principal or beneficiary; 113 c.Abusing their powers; or 114 d.Wasting, embezzling, or intentionally mismanaging the 115 assets of the ward or beneficiary of the trust; 116 (d)Misappropriating, misusing, or transferring without 117 authorization money belonging to an elderly person or disabled 118 adult from an account in which the elderly person or disabled 119 adult placed the funds, owned the funds, and was the sole 120 contributor or payee of the funds before the misappropriation, 121 misuse, or unauthorized transfer. This paragraph only applies to 122 the following types of accounts: 123 1.Personal accounts; 124 2.Joint accounts created with the intent that only the 125 elderly person or disabled adult enjoys all rights, interests, 126 and claims to moneys deposited into such account; or 127 3.Convenience accounts created in accordance with s. 128 655.80; 129 (e)Intentionally or negligently failing to effectively use 130 an elderly persons or disabled adults income and assets for 131 the necessities required for that persons support and 132 maintenance, by a caregiver or a person who stands in a position 133 of trust and confidence with the elderly person or disabled 134 adult; or 135 (f)Knowingly obtaining or using, endeavoring to obtain or 136 use, or conspiring with another to obtain or use an elderly 137 persons or a disabled adults funds, assets, property, or 138 estate through intentional modification, alteration, or 139 fraudulent creation of a plan of distribution or disbursement 140 expressed in a will, trust agreement, or other testamentary 141 devise of the elderly person or disabled adult without: 142 1.A court order, from a court having jurisdiction over the 143 elderly person or disabled adult, which authorizes the 144 modification or alteration; 145 2.A written instrument executed by the elderly person or 146 disabled adult, sworn to and witnessed by two persons who would 147 be competent as witnesses to a will, which authorizes the 148 modification or alteration; or 149 3.Action of an agent under a valid power of attorney 150 executed by the elderly person or disabled adult which 151 authorizes the modification or alteration. 152 (3)(a)If the funds, assets, or property involved in the 153 exploitation of an the elderly person or a disabled adult is 154 valued at $50,000 or more, the offender commits: 155 1.For a first offense, a felony of the first degree, 156 punishable as provided in s. 775.082, s. 775.083, or s. 775.084 157 2.For a second or subsequent offense, a felony of the 158 first degree, punishable as provided in s. 775.082, s. 775.083, 159 or s. 775.084, and must be sentenced to a mandatory minimum term 160 of imprisonment of 6 years. 161 (b)If the funds, assets, or property involved in the 162 exploitation of an the elderly person or a disabled adult is 163 valued at $10,000 or more, but less than $50,000, the offender 164 commits: 165 1.For a first or second offense, a felony of the second 166 degree, punishable as provided in s. 775.082, s. 775.083, or s. 167 775.084. 168 2.For a third or subsequent offense, a felony of the first 169 degree, punishable as provided in s. 775.082, s. 775.083, or s. 170 775.084. 171 (c)If the funds, assets, or property involved in the 172 exploitation of an elderly person or a disabled adult is valued 173 at less than $10,000, the offender commits: 174 1.For a first or second offense, a felony of the third 175 degree, punishable as provided in s. 775.082, s. 775.083, or s. 176 775.084. 177 2.For a third or subsequent offense, a felony of the 178 second degree, punishable as provided in s. 775.082, s. 775.083, 179 or s. 775.084. 180 Section 4.Subsection (2) of section 877.19, Florida 181 Statutes, is amended to read: 182 877.19Hate Crimes Reporting Act. 183 (2)ACQUISITION AND PUBLICATION OF DATA.The Governor, 184 through the Florida Department of Law Enforcement, shall collect 185 and disseminate data on incidents of criminal acts that evidence 186 prejudice based on race, religion, ethnicity, color, ancestry, 187 sexual orientation, disability, or national origin. All law 188 enforcement agencies shall report monthly to the Florida 189 Department of Law Enforcement concerning such offenses in such 190 form and in such manner as prescribed by rules adopted by the 191 department. Such information shall be compiled by the department 192 and disseminated upon request to any local law enforcement 193 agency, unit of local government, or state agency. 194 Section 5.This act shall take effect July 1, 2022.