Florida Statutes
Fla. Stat. § 825.103 (2025)
Exploitation of an elderly person or disabled adult; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(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.
Arrestable Offenses under F.S. 825.103
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§825.103(2a)CRIMES AGAINST PERSONRENUMBERED. SEE REC # 7694
§825.103(2b)CRIMES AGAINST PERSONRENUMBERED. SEE REC # 7695
§825.103(2c)CRIMES AGAINST PERSONRENUMBERED. SEE REC # 7696
§825.103(2d)CRIMES AGAINST PERSONREPEALED 97-78
§825.103(3a)CRIMES AGAINST PERSONEXPLOITATION OF ELDERLY K+
§825.103(3b)CRIMES AGAINST PERSONEXPLOITATION OF ELDERLY K-K
§825.103(3c)CRIMES AGAINST PERSONEXPLOITATION OF ELDERLY LT K
Notes of Decisions
Cited in 31
cases (5 in the last 5 years), 2001–2026 · leading case: In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015).
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “Fla. Stat. § 825.103 (l)(b), Fla. Stat. 1.”
Everett v. State, 831 So. 2d 738 (Fla. 4th DCA 2002). “Count I of the information charged appellant with exploitation of the elderly as provided in section 825.103, Florida Statutes. Subsection (1)(a) essentially has three basic elements and subsection (1)(b) has two.”
In re Stand. Jury Instructions in Crim. Cases-Report No. 2012-05, 131 So. 3d 755 (Fla. 2013). “Fla. Stat. § 825.103 (l)(a). 1. (Victim) was [an elderly person] [a disabled adult].”
Johnson v. State, 991 So. 2d 962 (Fla. 4th DCA 2008). “00), with the intent to temporarily or permanently deprive [the victim], of the use, benefit, or possession of her property, for the to [sic] benefit of someone other than [the victim], contrary to F.S. 825.103(1) and F.S. 825.103(2)(B)(L7).”
Moynet v. Courtois, 8 So. 3d 377 (Fla. 3d DCA 2009). “087 or section 825.103(1), Florida Statutes, has a cause of action for three fold the actual damages sustained.”
Bernau v. State, 891 So. 2d 1229 (Fla. 2d DCA 2005). “Section 825.103(1), Florida Statutes (1999), sets forth two separate ways in which the crime of exploitation of the elderly may be committed: (1) “Exploitation of an elderly person or disabled adult” means: (a) Knowingly, by deception or intimidation, obtaining or using, or…”
In re Stand. Jury Instructions in Crim. Cases-Rreport No. 2012-08, 131 So. 3d 692 (Fla. 2013). “See § 825.103, Fla. Stat. Lesser Included Offenses NEGLECT OF [AN ELDERLY PERSON] [A DISABLED ADULT] CAUSING [GREAT BODILY HARM] [PERMANENT DISABILITY] [PERMANENT _DISFIGUREMENT] — 825.”
New Lenox Indus., Inc. v. Fenton, 510 F. Supp. 2d 893 (M.D. Fla. 2007). “037 or § 825.103(1)” but it does not expressly list § 812.”
Rich v. State, 823 So. 2d 208 (Fla. 2d DCA 2002). “We have reviewed the exploitation statute, section 825.103, Florida Statutes (1999), and the staff analysis of the bill which enacted the statute.”
McNarrin v. State, 876 So. 2d 1253 (Fla. 4th DCA 2004). “Debrovner with the intent to deprive her of the funds received on that date in violation of section 825.103. McNarrin's defense at trial was that she cashed the ,000 at Mrs.”
Robinson v. State, 850 So. 2d 658 (Fla. 1st DCA 2003). “NOTES [1] §§ 825.103(1)(a), (2)(c), 775.082(3)(d), Fla.”
Thomason v. State, 790 So. 2d 1189 (Fla. 4th DCA 2001). “014(2)(c), Florida Statutes (1997) and exploitation of an elderly person, defined in section 825.103(1)(a) and (b), Florida Statutes (1997).”
— 825.103(1) — 8 cases
Moynet v. Courtois, 8 So. 3d 377 (Fla. 3d DCA 2009). “087 or section 825.103(1), Florida Statutes, has a cause of action for three fold the actual damages sustained.”
New Lenox Indus., Inc. v. Fenton, 510 F. Supp. 2d 893 (M.D. Fla. 2007). “037 or § 825.103(1)” but it does not expressly list § 812.”
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “Fla. Stat. § 825.103 (l)(b), Fla. Stat. 1.”
Bernau v. State, 891 So. 2d 1229 (Fla. 2d DCA 2005). “Section 825.103(1), Florida Statutes (1999), sets forth two separate ways in which the crime of exploitation of the elderly may be committed: (1) “Exploitation of an elderly person or disabled adult” means: (a) Knowingly, by deception or intimidation, obtaining or using, or…”
Johnson v. State, 991 So. 2d 962 (Fla. 4th DCA 2008). “00), with the intent to temporarily or permanently deprive [the victim], of the use, benefit, or possession of her property, for the to [sic] benefit of someone other than [the victim], contrary to F.S. 825.103(1) and F.S. 825.103(2)(B)(L7).”
— 825.103(1)(a) — 9 cases
Everett v. State, 831 So. 2d 738 (Fla. 4th DCA 2002). “Count I of the information charged appellant with exploitation of the elderly as provided in section 825.103, Florida Statutes. Subsection (1)(a) essentially has three basic elements and subsection (1)(b) has two.”
Johnson v. State, 991 So. 2d 962 (Fla. 4th DCA 2008). “00), with the intent to temporarily or permanently deprive [the victim], of the use, benefit, or possession of her property, for the to [sic] benefit of someone other than [the victim], contrary to F.S. 825.103(1) and F.S. 825.103(2)(B)(L7).”
Robinson v. State, 850 So. 2d 658 (Fla. 1st DCA 2003). “NOTES [1] §§ 825.103(1)(a), (2)(c), 775.082(3)(d), Fla.”
Thomason v. State, 790 So. 2d 1189 (Fla. 4th DCA 2001). “014(2)(c), Florida Statutes (1997) and exploitation of an elderly person, defined in section 825.103(1)(a) and (b), Florida Statutes (1997).”
Ellison v. State, 983 So. 2d 1205 (Fla. 2d DCA 2008).
— 825.103(1)(b) — 6 cases
Everett v. State, 831 So. 2d 738 (Fla. 4th DCA 2002). “Count I of the information charged appellant with exploitation of the elderly as provided in section 825.103, Florida Statutes. Subsection (1)(a) essentially has three basic elements and subsection (1)(b) has two.”
Johnson v. State, 991 So. 2d 962 (Fla. 4th DCA 2008). “00), with the intent to temporarily or permanently deprive [the victim], of the use, benefit, or possession of her property, for the to [sic] benefit of someone other than [the victim], contrary to F.S. 825.103(1) and F.S. 825.103(2)(B)(L7).”
Ellison v. State, 983 So. 2d 1205 (Fla. 2d DCA 2008).
Cherrie Yvette Johnson v. State of Florida, 267 So. 3d 16 (Fla. 4th DCA 2019).
Parrondo v. State, 239 So. 3d 777 (Fla. 3d DCA 2018).
— 825.103(2) — 1 case
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “Fla. Stat. § 825.103 (l)(b), Fla. Stat. 1.”
— 825.103(2)(B)(L7) — 1 case
Johnson v. State, 991 So. 2d 962 (Fla. 4th DCA 2008). “00), with the intent to temporarily or permanently deprive [the victim], of the use, benefit, or possession of her property, for the to [sic] benefit of someone other than [the victim], contrary to F.S. 825.103(1) and F.S. 825.103(2)(B)(L7).”
— 825.103(3) — 1 case
Cherrie Yvette Johnson v. State of Florida, 267 So. 3d 16 (Fla. 4th DCA 2019).
— 825.103(l)(a) — 4 cases
Bernau v. State, 891 So. 2d 1229 (Fla. 2d DCA 2005). “Section 825.103(1), Florida Statutes (1999), sets forth two separate ways in which the crime of exploitation of the elderly may be committed: (1) “Exploitation of an elderly person or disabled adult” means: (a) Knowingly, by deception or intimidation, obtaining or using, or…”
State v. Kelley, 109 So. 3d 316 (Fla. 2d DCA 2013).
Guarscio v. State, 64 So. 3d 146 (Fla. 2d DCA 2011).
Underwood v. State, 862 So. 2d 800 (Fla. 4th DCA 2003).
— 825.103(l)(b) — 2 cases
Bernau v. State, 891 So. 2d 1229 (Fla. 2d DCA 2005). “Section 825.103(1), Florida Statutes (1999), sets forth two separate ways in which the crime of exploitation of the elderly may be committed: (1) “Exploitation of an elderly person or disabled adult” means: (a) Knowingly, by deception or intimidation, obtaining or using, or…”
Cynthia Franke v. State of Florida, 188 So. 3d 886 (Fla. 4th DCA 2016).
— 825.103(l)(c) — 1 case
In Re Stand. Jury Instructions in Crim. Cases-report No. 2014-08, 176 So. 3d 938 (Fla. 2015). “Fla. Stat. § 825.103 (l)(b), Fla. Stat. 1.”
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