Florida Statute 825.103 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

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

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F.S. 825.103

825.103 Exploitation of an elderly person or disabled adult; penalties.—

(1) “Exploitation of an elderly person or disabled adult” means:

(a) Knowingly obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

1. Stands in a position of trust and confidence with the elderly person or disabled adult; or

2. Has a business relationship with the elderly person or disabled adult;

(b) Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent;

(c) Breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian, trustee who is an individual, or agent under a power of attorney which results in an unauthorized appropriation, sale, transfer of property, kickback, or receipt of an improper benefit. An unauthorized appropriation under this paragraph occurs when the elderly person or disabled adult does not receive the reasonably equivalent financial value in goods or services, or when the fiduciary violates any of these duties:

1. For agents appointed under chapter 709:

a. Committing fraud in obtaining their appointments;

b. Obtaining appointments with the purpose and design of benefiting someone other than the principal or beneficiary;

c. Abusing their powers;

d. Wasting, embezzling, or intentionally mismanaging the assets of the principal or beneficiary; or

e. Acting contrary to the principal’s sole benefit or best interest; or

2. For guardians and trustees who are individuals and who are appointed under chapter 736 or chapter 744:

a. Committing fraud in obtaining their appointments;

b. Obtaining appointments with the purpose and design of benefiting someone other than the principal or beneficiary;

c. Abusing their powers; or

d. Wasting, embezzling, or intentionally mismanaging the assets of the ward or beneficiary of the trust;

(d) Misappropriating, misusing, or transferring without authorization money belonging to an elderly person or disabled adult from an account in which the elderly person or disabled adult placed the funds, owned the funds, and was the sole contributor or payee of the funds before the misappropriation, misuse, or unauthorized transfer. This paragraph only applies to the following types of accounts:

1. Personal accounts;

2. Joint accounts created with the intent that only the elderly person or disabled adult enjoys all rights, interests, and claims to moneys deposited into such account; or

3. Convenience accounts created in accordance with s. 655.80;

(e) Intentionally or negligently failing to effectively use an elderly person’s or disabled adult’s income and assets for the necessities required for that person’s support and maintenance, by a caregiver or a person who stands in a position of trust and confidence with the elderly person or disabled adult; or

(f) Knowingly obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or a disabled adult’s funds, assets, property, or estate through intentional modification, alteration, or fraudulent creation of a plan of distribution or disbursement expressed in a will, trust agreement, or other testamentary devise of the elderly person or disabled adult without:

1. A court order, from a court having jurisdiction over the elderly person or disabled adult, which authorizes the modification or alteration;

2. A written instrument executed by the elderly person or disabled adult, sworn to and witnessed by two persons who would be competent as witnesses to a will, which authorizes the modification or alteration; or

3. Action of an agent under a valid power of attorney executed by the elderly person or disabled adult which authorizes the modification or alteration.

(2) Any inter vivos transfer of money or property valued in excess of $10,000 at the time of the transfer, whether in a single transaction or multiple transactions, by a person age 65 or older to a nonrelative whom the transferor knew for fewer than 2 years before the first transfer and for which the transferor did not receive the reasonably equivalent financial value in goods or services creates a permissive presumption that the transfer was the result of exploitation.

(a) This subsection applies regardless of whether the transfer or transfers are denoted by the parties as a gift or loan, except that it does not apply to a valid loan evidenced in writing that includes definite repayment dates. However, if repayment of any such loan is in default, in whole or in part, for more than 65 days, the presumption of this subsection applies.

(b) This subsection does not apply to:

1. Persons who are in the business of making loans.

2. Bona fide charitable donations to nonprofit organizations that qualify for tax exempt status under the Internal Revenue Code.

(c) In a criminal case to which this subsection applies, if the trial is by jury, jurors shall be instructed that they may, but are not required to, draw an inference of exploitation upon proof beyond a reasonable doubt of the facts listed in this subsection. The presumption of this subsection imposes no burden of proof on the defendant.

(3)(a) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $50,000 or more, the offender commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult is valued at $10,000 or more, but less than $50,000, the offender commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) If the funds, assets, or property involved in the exploitation of an elderly person or disabled adult is valued at less than $10,000, the offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) If a person is charged with financial exploitation of an elderly person or disabled adult that involves the taking of or loss of property valued at more than $5,000 and property belonging to a victim is seized from the defendant pursuant to a search warrant, the court shall hold an evidentiary hearing and determine, by a preponderance of the evidence, whether the defendant unlawfully obtained the victim’s property. If the court finds that the property was unlawfully obtained, the court may order it returned to the victim for restitution purposes before trial on the charge. This determination is inadmissible in evidence at trial on the charge and does not give rise to any inference that the defendant has committed an offense under this section.

History.—s. 4, ch. 95-158; s. 5, ch. 96-322; s. 1, ch. 97-78; s. 29, ch. 2009-223; s. 4, ch. 2014-200; s. 7, ch. 2021-221.

F.S. 825.103 on Google Scholar

F.S. 825.103 on CourtListener

Amendments to 825.103

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 825.103

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

S825.103 2a - CRIMES AGAINST PERSON - RENUMBERED. SEE REC # 7694 - F: F

S825.103 2b - CRIMES AGAINST PERSON - RENUMBERED. SEE REC # 7695 - F: S

S825.103 2c - CRIMES AGAINST PERSON - RENUMBERED. SEE REC # 7696 - F: T

S825.103 2d - CRIMES AGAINST PERSON - REPEALED 97-78 - M: F

S825.103 3a - CRIMES AGAINST PERSON - EXPLOITATION OF ELDERLY 50K DOLS OR MORE - F: F

S825.103 3b - CRIMES AGAINST PERSON - EXPLOITATION OF ELDERLY 10K DOL TO UND 50K DOL - F: S

S825.103 3c - CRIMES AGAINST PERSON - EXPLOITATION OF ELDERLY LESS THAN 10K DOL - F: T

Cases Citing Statute 825.103

Total Results: 24

New Lenox Industries, Inc. v. Fenton

510 F. Supp. 2d 893, 2007 U.S. Dist. LEXIS 32659, 2007 WL 1303035

District Court, M.D. Florida | Filed: May 3, 2007 | Docket: 2452472

Cited 22 times | Published

crimes "any violation of §§ . 812.012-812.037 or § 825.103(1)" but it does not expressly list § 812.081,

Moynet v. Courtois

8 So. 3d 377, 2009 Fla. App. LEXIS 1270, 2009 WL 383631

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 1223396

Cited 9 times | Published

of sections 812.012 through *380 812.037 or section 825.103(1), Florida Statutes, has a cause of action

Everett v. State

831 So. 2d 738, 2002 WL 31506930

District Court of Appeal of Florida | Filed: Nov 13, 2002 | Docket: 1387392

Cited 8 times | Published

exploitation of the elderly as provided in section 825.103, Florida Statutes. Subsection (1)(a) essentially

McNarrin v. State

876 So. 2d 1253, 2004 WL 1496640

District Court of Appeal of Florida | Filed: Jul 7, 2004 | Docket: 1671106

Cited 5 times | Published

funds received on that date in violation of section 825.103. McNarrin's defense at trial was that she cashed

Johnson v. State

991 So. 2d 962, 2008 WL 4223660

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1725136

Cited 4 times | Published

other than [the victim], contrary to F.S. 825.103(1) and F.S. 825.103(2)(B)(L7). Prior to trial, the defendant

Thomason v. State

790 So. 2d 1189, 2001 WL 830533

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 2513436

Cited 4 times | Published

exploitation of an elderly person, defined in section 825.103(1)(a) and (b), Florida Statutes (1997). The

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

131 So. 3d 755, 2013 WL 6305187

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238162

Cited 3 times | Published

EXPLOITATION OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.103, Fla. Stat. To prove the crime of Exploitation

Rich v. State

823 So. 2d 208, 2002 WL 1723878

District Court of Appeal of Florida | Filed: Jul 26, 2002 | Docket: 458654

Cited 3 times | Published

We have reviewed the exploitation statute, section 825.103, Florida Statutes (1999), and the staff analysis

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

131 So. 3d 692, 2013 WL 6124277

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238156

Cited 2 times | Published

insert the elements from Instruction U.9. See § 825.103, Fla. Stat. Lesser Included Offenses NEGLECT

Kaplus v. Lorenzo in (In Re Lorenzo)

434 B.R. 695, 22 Fla. L. Weekly Fed. B 551, 2010 Bankr. LEXIS 2260, 2010 WL 2899053

United States Bankruptcy Court, M.D. Florida | Filed: Jul 22, 2010 | Docket: 1437744

Cited 2 times | Published

Stat. Sections 812.012 through 812.037, or Section 825.103(1) of Chapter 812 of the Florida Statutes.

Maxwell v. State

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

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230529

Cited 1 times | Published

presence of a disabled or elderly person; and section 825.103 is directed at “exploitation.” Each statute

State v. Kelley

109 So. 3d 316, 2013 WL 1003601, 2013 Fla. App. LEXIS 4187

District Court of Appeal of Florida | Filed: Mar 15, 2013 | Docket: 60229561

Cited 1 times | Published

(2011), and exploitation of an elderly person, see § 825.103(l)(a), Fla. Stat (2011).

Ellison v. State

983 So. 2d 1205, 2008 WL 2150043

District Court of Appeal of Florida | Filed: May 23, 2008 | Docket: 1756222

Cited 1 times | Published

elderly person or disabled adult pursuant to section 825.103(1)(a) and (2)(b), Florida Statutes (2005).

Sher v. Countrywide Home Loans, Inc.

848 So. 2d 1246, 2003 Fla. App. LEXIS 10224, 2003 WL 21537358

District Court of Appeal of Florida | Filed: Jul 9, 2003 | Docket: 64823892

Cited 1 times | Published

812.012-812.037, Florida Statutes (2002), or section 825.103(1), Florida Statutes (2002), “[t]he defendant

WORLD CELLPHONES DISTRIBUTORS CORP., etc. v. DE SURINAAMSCHE BANK N.V., etc.

District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814440

Published

9 812.012-037 or section 825.103(1), Florida Statutes. § 772.11(1), Fla. Stat

CHERRIE YVETTE JOHNSON v. STATE OF FLORIDA

267 So. 3d 16

District Court of Appeal of Florida | Filed: Mar 6, 2019 | Docket: 14618630

Published

of exploitation of an elderly person under section 825.103(1)(b) of the Florida Statutes. That section

Parrondo v. State

239 So. 3d 777

District Court of Appeal of Florida | Filed: Mar 7, 2018 | Docket: 6326602

Published

The Defective Jury Instruction Section 825.103, Florida Statutes (2008), titled “Exploitation

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

194 So. 3d 1007, 2016 WL 3654189

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108659

Published

insert the elements from Instruction H.9. See § 825.103, Fla. Stat. Lesser Included Offenses

Cynthia Franke v. State of Florida

188 So. 3d 886, 2016 Fla. App. LEXIS 1049, 2016 WL 358614

District Court of Appeal of Florida | Filed: Jan 27, 2016 | Docket: 3031164

Published

charged with exploitation of the elderly, under section 825.103, Florida Statutes (2009). Franke moved for

Cynthia Franke v. State of Florida

District Court of Appeal of Florida | Filed: Dec 16, 2015 | Docket: 3021576

Published

charged with exploitation of the elderly, under section 825.103, Florida Statutes (2009). Franke moved for

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

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.103, Fla. Stat. To prove the crime of Exploitation

Guarscio v. State

64 So. 3d 146, 2011 Fla. App. LEXIS 8440, 2011 WL 2279019

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 60301378

Published

exploitation of an elderly person in violation of section 825.103(1)(a) and (2)(a), Florida Statutes (2002).

Bernau v. State

891 So. 2d 1229, 2005 Fla. App. LEXIS 1312, 2005 WL 292010

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 64835703

Published

through deception or intimidation pursuant to section 825.103(l)(a), Florida Statutes (1999). The charge

Underwood v. State

862 So. 2d 800, 2003 Fla. App. LEXIS 18082, 2003 WL 22799566

District Court of Appeal of Florida | Filed: Nov 26, 2003 | Docket: 64827291

Published

addition to other elements, the elements of theft. § 825.103(l)(a), Florida Statutes. The facts in Everett