Florida Statute 825.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS

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F.S. 825.101

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.

(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.

(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.

F.S. 825.101 on Google Scholar

F.S. 825.101 on Casetext

Amendments to 825.101

Arrestable Offenses / Crimes under Fla. Stat. 825.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 825.101.

Annotations, Discussions, Cases:

Cases Citing Statute 825.101

Total Results: 20

In Re: Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2024-12-12

Snippet: disabled adult, as those terms are defined in section 825.101, Florida Statutes. d. I am mentally

In Re: Amendments to Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2024-11-07

Snippet: disabled adult, as those terms are defined in section 825.101, Florida Statutes. d. I am mentally

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Court: Supreme Court of Florida | Date Filed: 2023-12-14

Snippet: - 45 - 2. Section 825.101(14), Florida Statutes, provides that a vulnerable

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2021-11-04

Snippet: adult, as those terms are defined in section 825.101, Florida Statutes. See ch. 2021-221, § 2, Laws

In Re: Amendments to the Florida Probate Rules - Vulnerable Adults

Court: Supreme Court of Florida | Date Filed: 2020-09-24

Snippet: resides at (address): 2. Section 825.101(14), Florida Statutes, provides that a vulnerable

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-07.

Court: Supreme Court of Florida | Date Filed: 2018-12-13

Citation: 259 So. 3d 743

Snippet: "exploitation" and "vulnerable adult" from §§ 825.101(6),(14), Fla. Stat. Lesser Included

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

Court: Supreme Court of Florida | Date Filed: 2018-11-15

Citation: 257 So. 3d 370

Snippet: from § 825.1025(1), Fla. Stat. § 825.101(3), Fla. Stat. "Disabled adult" means

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-03.

Court: Supreme Court of Florida | Date Filed: 2018-09-27

Citation: 253 So. 3d 995

Snippet: resources. Give as applicable. § 825.101(3), Fla. Stat. "Disabled adult" means

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06.

Court: Supreme Court of Florida | Date Filed: 2018-02-08

Citation: 236 So. 3d 282

Snippet: Definitions. Give as applicable. § 825.101(4), Fla. Stat. "Elderly person" means

In Re: Standard Jury Instructions in Criminal Cases—report 2016-01

Court: Supreme Court of Florida | Date Filed: 2017-03-09

Citation: 213 So. 3d 680

Snippet: Definitions. Give as applicable. $825.101(4). Fla. Stat. “Elderly person” means a

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2016-03

Court: Supreme Court of Florida | Date Filed: 2016-10-27

Citation: 202 So. 3d 830

Snippet: resources. Give as applicable. § 825.101(3), Fla. Stat. “Disabled adult” means a

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-08

Court: Supreme Court of Florida | Date Filed: 2016-07-07

Citation: 194 So. 3d 1007, 2016 WL 3654189

Snippet: Definitions. Give as applicable. § 825.101(^3), Fla. Stat. “Disabled adult” means a

Cynthia Franke v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2016-01-27

Citation: 188 So. 3d 886, 2016 Fla. App. LEXIS 1049

Snippet: property. “‘Endeavor’ means to attempt or try.” § 825.101(6), Fla. Stat. (2009). Obtain “means any manner

Cynthia Franke v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2015-12-16

Snippet: property. “‘Endeavor’ means to attempt or try.” § 825.101(6), Fla. Stat. (2009). Obtain “means any manner

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2014-08

Court: Supreme Court of Florida | Date Filed: 2015-10-08

Citation: 176 So. 3d 938, 2015 WL 5853925

Snippet: Definitions. Give as applicable. Fla.-StaF-§ 825.101(1), Fla. Stat. “Business relationship” means

In re Standard Jury Instructions in Criminal Cases-Report No. 2012-05

Court: Supreme Court of Florida | Date Filed: 2013-12-05

Citation: 131 So. 3d 755, 2013 WL 6305187

Snippet: Definitions. Give as applicable. Fla. Stat. § 825.101(1). “Business relationship” means a relationship

In re Standard Jury Instructions in Criminal Cases-Rreport No. 2012-08

Court: Supreme Court of Florida | Date Filed: 2013-11-21

Citation: 131 So. 3d 692, 2013 WL 6124277

Snippet: disabled adult]. Definitions. Give as applicable. § 825.101(4), Fla. Stat. “Disabled” adult means a person

Arnauta v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-07-24

Citation: 125 So. 3d 1028, 2013 WL 3811773, 2013 Fla. App. LEXIS 11590

Snippet: Victimizes 10 or more elderly persons, as defined in s. 825.101(5); (b) Victimizes 20 or more persons, as defined

Maxwell v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-03-20

Citation: 110 So. 3d 958, 2013 WL 1136416, 2013 Fla. App. LEXIS 4418

Snippet: injury to an elderly person or disabled adult.” § 825.101(l)(b), Fla. Stat. (2008). Subsection (3) of the

Watson v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-08-22

Citation: 95 So. 3d 977, 2012 WL 3588053, 2012 Fla. App. LEXIS 13999

Snippet: s. 775.082, s. 775.Ó83, or s. 775.084. Section 825.101(5) defines the term “elderly person” as follows: