825.101
Definitions.
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825.101 Definitions.—As used in this chapter:
(1) “Business relationship” means a relationship between two or more individuals or entities where there exists an oral or written contract or agreement for goods or services.
(2) “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or disabled adult. “Caregiver” includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of facilities as defined in subsection (7).
(3) “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations that restrict the person’s ability to perform the normal activities of daily living.
(4) “Elderly person” means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired.
(5) “Endeavor” means to attempt or try.
(6) “Exploitation” has the same meaning as the term “exploitation of an elderly person or disabled adult” as defined in s. 825.103(1).
(7) “Facility” means any location providing day or residential care or treatment for elderly persons or disabled adults. The term “facility” may include, but is not limited to, any hospital, training center, state institution, nursing home, assisted living facility, adult family-care home, adult day care center, group home, mental health treatment center, or continuing care community.
(8) “Improper benefit” means any remuneration or payment, by or on behalf of any service provider or merchant of goods, to any person as an incentive or inducement to refer customers or patrons for past or future services or goods.
(9) “Kickback” has the same meaning as in s. 456.054(1).
(10) “Lacks capacity to consent” means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause, that causes an elderly person or disabled adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the elderly person’s or disabled adult’s person or property.
(11) “Obtains or uses” means any manner of:
(a) Taking or exercising control over property; or
(b) Making any use, disposition, or transfer of property.
(12) “Position of trust and confidence” with respect to an elderly person or a disabled adult means the position of a person who:
(a) Is a parent, spouse, adult child, or other relative by blood or marriage of the elderly person or disabled adult;
(b) Is a joint tenant or tenant in common with the elderly person or disabled adult;
(c) Has a legal or fiduciary relationship with the elderly person or disabled adult, including, but not limited to, a court-appointed or voluntary guardian, trustee, attorney, or conservator;
(d) Is a caregiver of the elderly person or disabled adult; or
(e) Is any other person who has been entrusted with or has assumed responsibility for the use or management of the elderly person’s or disabled adult’s funds, assets, or property.
(13) “Property” means anything of value and includes:
(a) Real property, including things growing on, affixed to, and found in land.
(b) Tangible or intangible personal property, including rights, privileges, interests, and claims.
(c) Services.
(14) “Services” means anything of value resulting from a person’s physical or mental labor or skill, or from the use, possession, or presence of property, and includes:
(a) Repairs or improvements to property.
(b) Professional services.
(c) Private, public, or governmental communication, transportation, power, water, or sanitation services.
(d) Lodging accommodations.
(e) Admissions to places of exhibition or entertainment.
(15) “Value” means value determined according to any of the following:
(a)1. The market value of the property at the time and place of the offense or, if the market value cannot be satisfactorily ascertained, the cost of replacing the property within a reasonable time after the offense.
2. In the case of a written instrument such as a check, draft, or promissory note, which does not have a readily ascertainable market value, the value is the amount due or collectible. The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation is the greatest amount of economic loss that the owner of the instrument might reasonably suffer by the loss of the instrument.
3. The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner suffered by reason of losing advantage over those who do not know of or use the trade secret.
(b) If the value of the property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100.
(c) Amounts of value of separate properties involved in exploitation committed pursuant to one scheme or course of conduct, whether the exploitation involves the same person or several persons, may be aggregated in determining the degree of the offense.
(16) “Vulnerable adult” has the same meaning as in s. 415.102(28).
History.—s. 2, ch. 95-158; s. 1, ch. 96-322; s. 1, ch. 2002-195; s. 3, ch. 2014-200; s. 1, ch. 2018-100; s. 104, ch. 2019-3; s. 5, ch. 2021-221.
Notes of Decisions
Cited in 39
cases (7 in the last 5 years), 1998–2026 · leading case: In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05
In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05 (2013)
“Fla. Stat. § 825.101 (1). “Business relationship” means a relationship between two or more individuals or entities where there exists an oral or written contract or agreement for goods or services.”
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08 (2015)
“Fla. Stat. § 825.101 (43), Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental…”
Jean Bernard Gelin v. U.S. Attorney General (2016)
“” Fla. Stat. § 825.101 (4). Lack of knowledge of the victim’s age is not a defense.”
In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08 (2013)
“§ 825.101 M, Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations…”
In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04. (2018)
“, protects a "disabled person" (age unspecific) while § 825.101, Fla. Stat. , defines a "disabled adult" (18 years of age or older).”
State v. Hosty (2006)
“" § 825.101(4), Fla. Stat. (2001) (emphasis added).”
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06. (2018)
“§ 825.101(2), Fla. Stat. "Caregiver" means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult.”
Sieniarecki v. State (2000)
“" § 825.101(2), Fla. Stat. (1997) (emphasis supplied).”
Conner v. State (1999)
“[2] The Legislature defines "elderly person" and "disabled adult" in section 825.101, Florida Statutes (1995): (5) "Disabled adult" means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability or…”
Grasso v. Grasso (2015)
“In Watson , the Second District Court of Appeal construed the term “elderly person,” as defined in Florida’s Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults statute, §§ 825.101-825.106, Florida Statutes. According to Michelle and Teresa, the Second…”
In Re: Standard Jury Instructions in Criminal Cases—report 2016-01 (2017)
“§ 825.101(2). Fla. Stat “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult.”
Watson v. State (2012)
“” § 825.101(5). Under the prosecutor’s interpretation of the statute, the phrase, “to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired” applies only to physical, mental, or emotional dysfunctioning and not to the…”
— 825.101(1) — 2 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08 (2015)
“Fla. Stat. § 825.101 (43), Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental…”
— 825.101(10) — 2 cases
— 825.101(1112) — 1 case
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08 (2015)
“Fla. Stat. § 825.101 (43), Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental…”
— 825.101(1210) — 1 case
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08 (2015)
“Fla. Stat. § 825.101 (43), Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental…”
— 825.101(14) — 3 cases
— 825.101(16) — 1 case
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08 (2015)
“Fla. Stat. § 825.101 (43), Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental…”
— 825.101(1811) — 1 case
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08 (2015)
“Fla. Stat. § 825.101 (43), Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental…”
— 825.101(2) — 8 cases
Sieniarecki v. State (2000)
“" § 825.101(2), Fla. Stat. (1997) (emphasis supplied).”
In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08 (2013)
“§ 825.101 M, Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations…”
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06. (2018)
“§ 825.101(2), Fla. Stat. "Caregiver" means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult.”
Peterson v. State (2000)
In Re: Standard Jury Instructions in Criminal Cases—report 2016-01 (2017)
“§ 825.101(2). Fla. Stat “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult.”
— 825.101(3) — 9 cases
In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08 (2015)
“Fla. Stat. § 825.101 (43), Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental…”
In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04. (2018)
“, protects a "disabled person" (age unspecific) while § 825.101, Fla. Stat. , defines a "disabled adult" (18 years of age or older).”
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06. (2018)
“§ 825.101(2), Fla. Stat. "Caregiver" means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult.”
In Re: Standard Jury Instructions in Criminal Cases—report 2016-01 (2017)
“§ 825.101(2). Fla. Stat “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult.”
— 825.101(4) — 10 cases
State v. Hosty (2006)
“" § 825.101(4), Fla. Stat. (2001) (emphasis added).”
Sieniarecki v. State (2000)
“" § 825.101(2), Fla. Stat. (1997) (emphasis supplied).”
Grasso v. Grasso (2015)
“In Watson , the Second District Court of Appeal construed the term “elderly person,” as defined in Florida’s Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults statute, §§ 825.101-825.106, Florida Statutes. According to Michelle and Teresa, the Second…”
In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04. (2018)
“, protects a "disabled person" (age unspecific) while § 825.101, Fla. Stat. , defines a "disabled adult" (18 years of age or older).”
In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08 (2013)
“§ 825.101 M, Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations…”
— 825.101(43) — 1 case
— 825.101(5) — 6 cases
In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08 (2013)
“§ 825.101 M, Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations…”
Watson v. State (2012)
“” § 825.101(5). Under the prosecutor’s interpretation of the statute, the phrase, “to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired” applies only to physical, mental, or emotional dysfunctioning and not to the…”
State v. Hosty (2006)
“" § 825.101(4), Fla. Stat. (2001) (emphasis added).”
Conner v. State (1999)
“[2] The Legislature defines "elderly person" and "disabled adult" in section 825.101, Florida Statutes (1995): (5) "Disabled adult" means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability or…”
State v. Traylor (2011)
— 825.101(54) — 1 case
— 825.101(6) — 7 cases
In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06. (2018)
“§ 825.101(2), Fla. Stat. "Caregiver" means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult.”
Conner v. State (1999)
“[2] The Legislature defines "elderly person" and "disabled adult" in section 825.101, Florida Statutes (1995): (5) "Disabled adult" means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability or…”
In Re: Standard Jury Instructions in Criminal Cases—report 2016-01 (2017)
“§ 825.101(2). Fla. Stat “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or a disabled adult.”
Conner v. State (1998)
— 825.101(7) — 1 case
In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04. (2018)
“, protects a "disabled person" (age unspecific) while § 825.101, Fla. Stat. , defines a "disabled adult" (18 years of age or older).”
— 825.101(8) — 2 cases
Bernau v. State (2005)
Guarscio v. State (2011)
— 825.101(9) — 1 case
Jennings v. State (2005)
— 825.101(f) — 1 case
In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08 (2013)
“§ 825.101 M, Fla. Stat. “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations…”
— 825.101(l)(b) — 1 case
Maxwell v. State (2013)
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