Florida Statute 825.103 | 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. 825.103

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 Casetext

Amendments to 825.103

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

Annotations, Discussions, Cases:

Cases Citing Statute 825.103

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

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

DANIELLE MONTES-BOLDEN v. LINA BEAUVAIS

Court: Fla. Dist. Ct. App. | Date Filed: 2022-10-19T00:53:00-07:00

Snippet: primarily from financial exploitation. See §§ 825.103, 825.1035, Fla. Stat. (2021).

SHAREE BAILEY v. ARVA COVINGTON

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-07T00:53:00-07:00

Snippet: violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold …any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the

CHERRIE YVETTE JOHNSON v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-05T23:53:00-08:00

Snippet: exploitation of an elderly person under section 825.103(1)(b) of the Florida Statutes. That section defines… adult lacks the capacity to consent[.] § 825.103(1)(b), Fla. Stat. (2016). The statute further…offender commits a felony of the third degree. § 825.103(3), Fla. Stat. Based on the foregoing, in order…to sustain Appellant’s conviction under section 825.103(1)(b), the State was required to prove that: 1)… State must prove beyond a reasonable doubt. § 825.103(3), Fla. Stat. (2016); cf. Wiechert v. State, 170

Parrondo v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-06T23:53:00-08:00

Snippet: The Defective Jury Instruction Section 825.103, Florida Statutes (2008), titled “Exploitation …Thus, in 2008, the State could prove a section 825.103 exploitation of an elderly person or disabled … ADULT 1 Section 825.103 has since been amended. In 2009, the statute was…knowingly, by deception or intimidation” under section 825.103(1)(a), and in 2015, the Florida Supreme Court amended…under the statute—the State’s theory under section 825.103(1)(b) (that the defendant obtained the property

Smith v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-21T00:00:00-08:00

Citation: 211 So. 3d 176, 2016 Fla. App. LEXIS 18676

Snippet: prosecution for a felony violation of s. 825.102 or s. 825.103 must be commenced within 5 years after it is committed

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

Court: Fla. | Date Filed: 2016-07-07T00:00:00-07:00

Citation: 194 So. 3d 1007

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

Cynthia Franke v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-27T00:00:00-08:00

Citation: 188 So. 3d 886

Snippet: with exploitation of the elderly, under section 825.103, Florida Statutes (2009). Franke moved for judgment…s case was based on two theories under section 825.103, Florida Statutes. The first was that: “(1) the…, 831 So.2d at 741; see also § 825.103(1)(a), Fla. Stat. (2009). The second theory'…known that Teris lacked the capacity to consent. § 825.103(l)(b); Everett, 831 So.2d at 741. …have *889 found addressing section 825.103 have concerned a present transfer of property,

Cynthia Franke v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-15T23:53:00-08:00

Snippet: with exploitation of the elderly, under section 825.103, Florida Statutes (2009). Franke moved for judgment…s case was based on two theories under section 825.103, Florida Statutes. The first was that: “(1) the…funds.” Everett, 831 So. 2d at 741; see also § 825.103(1)(a). The second theory required the State to … 2 Teris lacked the capacity to consent. § 825.103(1)(b); Everett, 831 So. 2d at 741. Both theories…reported cases which we have found addressing section 825.103 have concerned a present transfer of property,

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

Court: Fla. | Date Filed: 2015-10-08T00:00:00-07:00

Citation: 176 So. 3d 938

Snippet: [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.103, Fla. Stat. To prove the crime of Exploitation…relationship] with (victim). Fla. Stat. § 825.103(l)(b), Fla. Stat. 1. (Victim) was [an elderly… capacity to consent. 'Mek-Statr-§ 825.103(1) (c), Fla. Stat. 1. (Victim) was [an elderly…[transfer] of (victim’s) property. If § 825.103(l)(c), Fla. Stat. is charged, give as applicable…the [ward] [beneficiary of the trust]. § 825,103(l)(d), Fla. Stat. L (Victim) was [an elderly

Kingland Estates, Ltd. v. Davis

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-10T00:00:00-07:00

Citation: 170 So. 3d 825

Snippet: elderly person in violation of sections 784.048 and 825.103 of the Florida Statutes. Reduced, if possible

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

Court: Fla. | Date Filed: 2013-12-05T00:00:00-08:00

Citation: 131 So. 3d 755

Snippet: degree, if 6 825.103(1 Ya~> or(b3is charged 812.014(3 Yal 14.1 Grand Theft, if § 825.103(1 Yal or (b…Theft, if S 825.103(1 Yal or (bl is charged 812.014(2Yb'll. 14.1 Grand Theft, if § 825.103(1 Yal or …EXPLOITATION OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.103, Fla. Stat. To prove the crime of Exploitation …reasonable doubt: Give as applicable. Fla. Stat. § 825.103(l)(a). 1. (Victim) was [an elderly person] [a … lacked the capacity to consent. Fla. Stat. § 825.103(l)(c). 1. (Victim) was [an elderly person] [a

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

Court: Fla. | Date Filed: 2013-11-21T00:00:00-08:00

Citation: 131 So. 3d 692

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

Maxwell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-20T00:00:00-07:00

Citation: 110 So. 3d 958

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

State v. Kelley

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-15T00:00:00-07:00

Citation: 109 So. 3d 316

Snippet: , and exploitation of an elderly person, see § 825.103(l)(a), Fla. Stat (2011). No. 2D11-4403

Russo v. Fink

Court: Fla. Dist. Ct. App. | Date Filed: 2012-05-09T00:00:00-07:00

Citation: 87 So. 3d 815

Snippet: of any violation of ss. 812.012-812.037 or s. 825.103(1) has a cause of action for threefold the actual

Residential Savings Mortage, Inc. v. Keesling

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-29T00:00:00-07:00

Citation: 73 So. 3d 280

Snippet: deception pursuant to sections 772.11, 825.101(3) and 825.103, Florida Statutes (2007). This discrepancy does

Guarscio v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-06-10T00:00:00-07:00

Citation: 64 So. 3d 146

Snippet: exploitation of an elderly person in violation of section 825.103(1)(a) and (2)(a), Florida Statutes (2002). Subsection…with the elderly person or disabled adult.... § 825.103(l)(a) (emphasis supplied). The State was thus required

Moynet v. Courtois

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-18T00:00:00-08:00

Citation: 8 So. 3d 377

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

Johnson v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-17T00:53:00-07:00

Citation: 991 So. 2d 962

Snippet: than [the victim], contrary to F.S. 825.103(1) and F.S. 825.103(2)(B)(L7). Prior to trial, the defendant…provides for two theories of prosecution. See § 825.103(1)(a)1 & 2, Fla. Stat. (2007).[2] At trial…the victim of its use, benefit, or possession. § 825.103(1)(b). Alternatively, an individual who either …; obtains or uses the victim's property. § 825.103(1)(a). [3] We also disagree with the trial court