The 2023 Florida Statutes (including Special Session C)
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. . . . §§ 825.102 (a health care provider means "a doctor of medicine" or "[o]thers 'capable of providing . . .
. . . . § 825.102(3)(a) (2018) ("substantial risk of death"), § 827.03(1)(e) (same); W. Va. . . .
. . . . § 825.102(3)(a) or § 827.03(3)(e), Fla. Stat. . . . Manslaughter 782.07 7.7 *Neglect by Culpable 825.102(3)(b) 29.22 Negligence of a[n] or or [Elderly Person . . . Child] Causing Great Bodily Harm, Permanent Disability, or Permanent Disfigurement *Neglect by Culpable 825.102 . . .
. . . for bad faith under section 624.155, Florida Statutes (2016), and for negligence per se under section 825.102 . . . of bad faith pursuant to section 624.155 (Count II); and (3) negligence per se pursuant to section 825.102 . . . the victim, which the victim alleged constituted exploitation of the elderly in violation of section 825.102 . . . to the negligence action in Gerber, the negligence per se claim brought in this action under section 825.102 . . .
. . . . § 825.102(3)(a) or § 827.03(3)(e). Fla. Stat. “Neglect of hi child”! Ian elderly person”! . . .
. . . years after the date of discovery of the violation. (10) A prosecution for a felony violation of s. 825.102 . . .
. . . Stat. § 825.102(1). . . . Stat. § 825.102(1). . . . Stat. § 825.102(l)(c). . . . Stat. § 825.102(l)(c). A. . . . Stat. § 825.102(3). . . . My reading of § 825.102(1) differs from the majority’s, so I respectfully dissent. . . . Section 825.102(1) is as follows: (1) “Abuse of an elderly person or disabled adult” means: (a) Intentional . . . Stat, §' 825.102(1). . . . The answer to this question leads me to the conclusion that a person can be convicted under § 825.102 . . . Stat. § 825.102(l)(b)-(c). . . .
. . . So.3d 692] and amended in 2016. 29.21 AGGRAVATED ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.102 . . . Give if the § 825.102(3) (b), Fla. Stat.,_ is charged. . . . Give if element 3a is charged. § 825.102(3)(a), Fla. Stat. . . . Give if “abuse” is charged within element 3b. § 825.102(1), Fla. Stat. . . . Give if “neglect” is charged- withwr-ele-mmt-3b-.-§ 825.102(3), Fla. Stat. . . .
. . . . § 825.102 (emphasis added). When Mr. Gunter submitted his certification, completed by Dr. . . . condition,” i.e., asthma, a condition that the FMLA’s implementing regulations specifically list in § 825.102 . . .
. . . Appellant was ‘ charged with elderly abuse/neglect '• under section 825.102(3)(a)(l), Florida Statutes . . .
. . . . § 825.102. . . . period of incapacity or treatment for incapacity. 29 U.S.C. §§ 2611(11), 2612(a)(1)(D); 29 C.F.R. § 825.102 . . . condition is one that, among other things, "[c]ontinues over an extended period of time.” 29 C.F.R. § 825.102 . . .
. . . . § 825.102. In fact, the DOL’s FMLA regulations have a rather lengthy and complicated history. . . . 2013, the department “mov[ed] the definitions section from current § 825.800 to currently reserved § 825.102 . . .
. . . . § 825.102; see also Hoffman v. . . .
. . . . § 825.102. . . .
. . . . §§ 825.102, 825.122(b) (defining “spouse” for purposes of FMLA leave as “a husband or wife as defined . . .
. . . . § 825.102 (2013). . . .
. . . Stat. 784.045 8.4 825.102(2)(a) is charged Abuse of An Elderly Person or Disabled 825.102(1) 29.20 Adult . . . Stat. 825.102(2)(a) is 784,041(1) 8.5 charged Battery if Fla. . . . Give jf the § 825.102(3)(b), Fla. Stat. is charged. . . . Give if element 3a is charged. § 825.102(3) (a), Fla. Stat. . . . Give if “abuse” is chawed within element 3b. § 825.102(1), Fla. Stat. . . .
. . . . § 825.102(3)(a)(l), Fla. Stat. (2008). . . . We begin our analysis by pointing out that section 825.102(3)(a) — the neglect provision — is part of . . . Section 825.102(1) makes it a third degree felony to “abuse” a disabled or elderly person; section 825.102 . . . The first substantive provision — section 825.102(1) — criminalizes “abuse,” defined to include, among . . . A holistic reading of section 825.102 therefore suggests that subsection (1) covers affirmative acts, . . .
. . . Watson challenges his judgment and sentence for abuse of an elderly person, a violation of section 825.102 . . . unexplained in our record, the State charged him with the abuse of an elderly person under section 825.102 . . . is a second-degree felony, and abuse of an elderly person is a third-degree felony. §§ 812.13(2)(c), 825.102 . . . III.THE STATUTE Section 825.102(1) provides as follows: (1) “Abuse of an elderly person or disabled adult . . . The purpose of section 825.102 is to provide additional protection for individuals sixty years of age . . .
. . . effort to identify some source for the defendants’ alleged liability, the plaintiff invokes Section 825.102 . . .
. . . Torres’ uncle, Louis Makrez, under section 825.102(2), Florida Statutes (2007). . . .
. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .
. . . (2002), a second-degree felony; and count three, abuse of an elderly person in violation of section 825.102 . . . Lawson with abuse of an elderly person under section 825.102(1). . . .
. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .
. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .
. . . . §§ 775.082(3)(e) & 825.102(3)(b), Fla. Stat. (1997). . . .
. . . . § 825.102(8)(a) or § 827.03(S)(a), Fla. Stat Give 1 or 2 as applicable. . . .
. . . this direct criminal appeal, Appellant seeks reversal of his conviction for a violation of section 825.102 . . . Such conduct is not “willful” as required for a conviction under section 825.102(3)(c). . . .
. . . Aggravated abuse of an elderly person or disabled adult, as described in s. 825.102(2); e. . . .
. . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . . was elderly or an disabled adult; and (8) that the death resulted “by culpable negligence under s. 825.102 . . . Section 825.102(3)(a) requires a “caregiver” to commit the described conduct which constitutes culpable . . . Section 825.102(8) proscribes neglect caused either willfully or by culpable negligence. . . . The judge then instructed the jury concerning the meaning of neglect pursuant to section 825.102(3)(a . . .
. . . Prudential violated section 626.9521, Florida Statutes, in obtaining the release and violated section 825.102 . . .
. . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . . Section 825.102(3), Florida Statutes, provides: (3)(a) “Neglect of an elderly person or disabled adult . . . State, 724 So.2d 626 (Fla. 4th DCA 1998), which sustained the defendant’s conviction under section 825.102 . . . In particular, the defendant in Sieniarecki had asserted that section 825.102(3) was unconstitutionally . . . Finally, the state’s alternate argument is that under section 825.102(3)(a)2, neglect of an elderly person . . . death of an elderly or disabled person by culpable negligence, under circumstances set forth in section 825.102 . . . Neglect of an elderly or disabled person is defined by section 825.102(3) as: (a)l. . . . Lee argues that he, as opposed to James, could not be found to have violated section 825.102(3) because . . . speculated about whether a common law duty exists, pre-dating the statutory one imposed by section 825.102 . . . brother James) had a legal duty, under the circumstances- of this case, be it via common law or section 825.102 . . .
. . . We have for review a challenge to the constitutionality of section 825.102(3), Florida Statutes (1997 . . . After a jury trial, petitioner was found guilty of neglect of a disabled adult, pursuant to section 825.102 . . . SIENIARECKI’S PRIVACY RIGHT Appellant’s last claim is that section 825.102(3) violates her mother’s right . . . Here, petitioner does not challenge section 782.07(2), but applies this same argument to section 825.102 . . . Petitioner asserts that section 825.102(3) creates an affirmative duty "to provide care, supervision, . . .
. . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . .
. . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . . Section 825.102 criminalizes abuse, aggravated abuse, and neglect of an elderly person or disabled adult . . . Section 825.102(3)(b) is directed at a person “who willfully or by culpable negligence neglects an elderly . . . Section 825.102(3)(a) defines “[n]e-glect of an elderly person or disabled adult” as 1. . . . Reading section 782.07(2) together with section 825.102(8) leads to the conclusion that one version of . . .
. . . Pursuant to section 825.102(3), Florida Statutes (1997), appellant was convicted of neglect of a disabled . . . Appellant first contends that sections 782.07(2) and 825.102(3)(a), Florida Statutes (1997), are facially . . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . . Section 825.102(3), Florida Statutes (1997), provides: (3)(a) "Neglect of an elderly person or disabled . . .
. . . . § 825.102(a). . . . .
. . . . § 825.102. . . .
. . . . § 825.102. Here, a collective bargain agreement governed the parties’ employment relationship. . . .
. . . . § 825.102. . . .
. . . upon the Family and Medical Leave Act, which did not become effective until August 5, 1993. 29 C.F.R. 825.102 . . .