F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1041 2021
1 A bill to be entitled
2 An act relating to protection of elderly persons and
3 disabled adults; amending s. 16.56, F.S.; adding
4 offenses concerning elderly persons and disabled
5 adults to the authority of the Office of Statewide
6 Prosecution; amending s. 733.303, F.S.; providing that
7 a person who has been convicted of abuse, neglect, or
8 exploitation of an elderly person or a disabled adult
9 is not qualified to act as a personal representative;
10 creating s. 732.8031, F.S.; providing for forfeiture
11 of specified benefits of persons who have been
12 convicted of certain offenses involving elderly
13 persons or disabled adults; providing that certain
14 persons who have been convicted of certain offenses
15 involving elderly persons or disabled adults may still
16 retain an inheritance or survivorship interest if the
17 victim executes a specified instrument; amending s.
18 736.1104, F.S.; providing that a beneficiary of a
19 trust may not benefit under the trust if the person
20 was convicted of certain offenses involving elderly
21 persons or disabled adults; amending s. 825.101, F.S.;
22 defining terms; amending s. 825.102, F.S.; specifying
23 additional conduct that constitutes abuse of an
24 elderly person or a disabled adult; providing a
25 defense to certain violations; providing criminal
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26 penalties; amending s. 825.103, F.S.; specifying
27 additional conduct that constitutes exploitation of an
28 elderly person or a disabled adult; providing criminal
29 penalties; amending s. 825.1035, F.S.; revising
30 provisions concerning injunctions for protection
31 against exploitation of a vulnerable adult; providing
32 for extension of ex parte temporary injunctions;
33 providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraph (a) of subsection (1) of section
38 16.56, Florida Statutes, is amended to read:
39 16.56 Office of Statewide Prosecution.—
40 (1) There is created in the Department of Legal Affairs an
41 Office of Statewide Prosecution. The office shall be a separate
42 "budget entity" as that term is defined in chapter 216. The
43 office may:
44 (a) Investigate and prosecute the offenses of:
45 1. Bribery, burglary, criminal usury, extortion, gambling,
46 kidnapping, larceny, murder, prostitution, perjury, robbery,
47 carjacking, home-invasion robbery, and patient brokering;
48 2. Any crime involving narcotic or other dangerous drugs;
49 3. Any violation of the Florida RICO (Racketeer Influenced
50 and Corrupt Organization) Act, including any offense listed in
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51 the definition of racketeering activity in s. 895.02(8)(a),
52 providing such listed offense is investigated in connection with
53 a violation of s. 895.03 and is charged in a separate count of
54 an information or indictment containing a count charging a
55 violation of s. 895.03, the prosecution of which listed offense
56 may continue independently if the prosecution of the violation
57 of s. 895.03 is terminated for any reason;
58 4. Any violation of the Florida Anti-Fencing Act;
59 5. Any violation of the Florida Antitrust Act of 1980, as
60 amended;
61 6. Any crime involving, or resulting in, fraud or deceit
62 upon any person;
63 7. Any violation of s. 847.0135, relating to computer
64 pornography and child exploitation prevention, or any offense
65 related to a violation of s. 847.0135 or any violation of
66 chapter 827 where the crime is facilitated by or connected to
67 the use of the Internet or any device capable of electronic data
68 storage or transmission;
69 8. Any violation of chapter 815;
70 9. Any violation of chapter 825;
71 10.9. Any criminal violation of part I of chapter 499;
72 11.10. Any violation of the Florida Motor Fuel Tax Relief
73 Act of 2004;
74 12.11. Any criminal violation of s. 409.920 or s.
75 409.9201;
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76 13.12. Any crime involving voter registration, voting, or
77 candidate or issue petition activities;
78 14.13. Any criminal violation of the Florida Money
79 Laundering Act;
80 15.14. Any criminal violation of the Florida Securities
81 and Investor Protection Act; or
82 16.15. Any violation of chapter 787, as well as any and
83 all offenses related to a violation of chapter 787;
84
85 or any attempt, solicitation, or conspiracy to commit any of the
86 crimes specifically enumerated above. The office shall have such
87 power only when any such offense is occurring, or has occurred,
88 in two or more judicial circuits as part of a related
89 transaction, or when any such offense is connected with an
90 organized criminal conspiracy affecting two or more judicial
91 circuits. Informations or indictments charging such offenses
92 shall contain general allegations stating the judicial circuits
93 and counties in which crimes are alleged to have occurred or the
94 judicial circuits and counties in which crimes affecting such
95 circuits or counties are alleged to have been connected with an
96 organized criminal conspiracy.
97 Section 2. Subsection (1) of section 733.303, Florida
98 Statutes, is amended to read:
99 733.303 Persons not qualified.—
100 (1) A person is not qualified to act as a personal
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101 representative if the person:
102 (a) Has been convicted of a felony.
103 (b) Has been convicted of abuse, neglect, or exploitation
104 of an elderly person or a disabled adult.
105 (c)(b) Is mentally or physically unable to perform the
106 duties.
107 (d)(c) Is under the age of 18 years.
108 Section 3. Section 732.8031, Florida Statutes, is created
109 to read:
110 732.8031 Forfeiture for abuse, neglect, exploitation, or
111 aggravated manslaughter of an elderly person or disabled adult.—
112 (1) A surviving person who is convicted of abuse, neglect,
113 or exploitation under s. 825.102 or s. 825.103 or aggravated
114 manslaughter under s. 782.07(2) of the decedent or another
115 person on whose death such beneficiary's interest depends is not
116 entitled to any benefits under the will of the decedent or the
117 Florida Probate Code, and the estate of the decedent passes as
118 if the abuser, neglector, exploiter, or killer had predeceased
119 the decedent. Property appointed by the will of the decedent to
120 or for the benefit of the abuser, neglector, exploiter, or
121 killer passes as if the abuser, neglector, exploiter, or killer
122 had predeceased the decedent.
123 (a) A final judgment of conviction for abuse, neglect,
124 exploitation, or aggravated manslaughter of the decedent or
125 other person creates a rebuttable presumption that this section
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126 applies.
127 (b) In the absence of a qualifying conviction, the court
128 may determine by the greater weight of the evidence whether the
129 decedent's or other person's death was caused by or contributed
130 to by the abuser, neglector, exploiter, or killer for purposes
131 of this section.
132 (2) A joint tenant who is convicted of abuse, neglect, or
133 exploitation under s. 825.102 or s. 825.103 or aggravated
134 manslaughter under s. 782.07(2) of another joint tenant decedent
135 thereby effects a severance of the interest of the decedent so
136 that the share of the decedent passes as the decedent's sole
137 property and as if the abuser, neglector, exploiter, or killer
138 has no rights by survivorship. This subsection applies to joint
139 tenancies with right of survivorship and tenancies by the
140 entirety in real and personal property; joint and multiple-party
141 accounts in banks, savings and loan associations, credit unions,
142 and other financial institutions; and any other form of
143 coownership with survivorship interests.
144 (a) A final judgment of conviction for abuse, neglect,
145 exploitation, or aggravated manslaughter of the decedent or
146 other person creates a rebuttable presumption that this section
147 applies.
148 (b) In the absence of a qualifying conviction, the court
149 may determine by the greater weight of the evidence whether the
150 decedent's or other person's death was caused by or contributed
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151 to by the abuser, neglector, exploiter, or killer for purposes
152 of this section.
153 (3) A named beneficiary of a bond, life insurance policy,
154 or other contractual arrangement who is convicted of abuse,
155 neglect, or exploitation under s. 825.102 or s. 825.103 or
156 aggravated manslaughter under s. 782.07(2) of the owner or
157 principal obligee of the bond, life insurance policy, or other
158 contractual arrangement or the person upon whose life such
159 policy was issued is not entitled to any benefit under the bond,
160 policy, or other contractual arrangement, and the bond, policy,
161 or other contractual arrangement becomes payable as though the
162 abuser, neglector, exploiter, or killer had predeceased the
163 decedent.
164 (a) A final judgment of conviction for abuse, neglect,
165 exploitation, or aggravated manslaughter of the decedent or
166 other person creates a rebuttable presumption that this section
167 applies.
168 (b) In the absence of a qualifying conviction, the court
169 may determine by the greater weight of the evidence whether the
170 decedent's or other person's death was caused by or contributed
171 to by the abuser, neglector, exploiter, or killer for purposes
172 of this section.
173 (4) Any other acquisition of property or interest by the
174 abuser, neglector, exploiter, or killer, including a life estate
175 in homestead property, shall be treated in accordance with the
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176 principles of this section.
177 (5)(a) This section does not affect the rights of any
178 person who, before rights under this section have been
179 adjudicated, purchases from the abuser, neglector, exploiter, or
180 killer for value and without notice property that the abuser,
181 neglector, exploiter, or killer would have acquired except for
182 this section.
183 (b) The abuser, neglector, exploiter, or killer is liable
184 for the amount of the proceeds or the value of the property
185 under paragraph (a).
186 (6) Any insurance company, bank, or other obligor making
187 payment according to the terms of its policy or obligation is
188 not liable by reason of this section unless before payment it
189 receives at its home office or principal address written notice
190 of a claim under this section.
191 (7) This section does not apply if, after the conviction
192 of abuse, neglect, or exploitation, the victim of the offense,
193 if capacitated, executes a written instrument, sworn to and
194 witnessed by two persons who would be competent as witnesses to
195 a will, which expresses a specific intent to allow the person so
196 convicted of abuse, neglect, or exploitation to retain his or
197 her inheritance or survivorship rights.
198 Section 4. Subsection (3) is added to section 736.1104,
199 Florida Statutes, to read:
200 736.1104 Person Killer not entitled to receive property or
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201 other benefits by reason of victim's death.—
202 (3) A beneficiary of a trust who was convicted of abuse,
203 neglect, or exploitation under s. 825.102 or s. 825.103 or
204 aggravated manslaughter under s. 782.07(2) of a settlor or
205 another person on whose death such beneficiary's interest
206 depends is not entitled to any trust interest, including a
207 homestead dependent on the victim's death, and such interest
208 shall devolve as though the abuser, neglecter, exploiter, or
209 killer had predeceased the victim.
210 (a) A final judgment of conviction for abuse, neglect,
211 exploitation, or aggravated manslaughter of the decedent or
212 other person creates a rebuttable presumption that this section
213 applies.
214 (b) In the absence of a qualifying conviction, the court
215 may determine by the greater weight of the evidence whether the
216 decedent's or other person's death was either caused by or
217 contributed to by the abuser, neglector, exploiter, or killer
218 for purposes of this section.
219