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: District Court of Appeal of Florida | Date Filed: 2023-02-15

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

DANIELLE MONTES-BOLDEN v. LINA BEAUVAIS

Court: District Court of Appeal of Florida | Date Filed: 2022-10-19

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

SHAREE BAILEY v. ARVA COVINGTON

Court: District Court of Appeal of Florida | Date Filed: 2021-04-07

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

CHERRIE YVETTE JOHNSON v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-03-06

Citation: 267 So. 3d 16

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

Parrondo v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-03-07

Citation: 239 So. 3d 777

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

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-21

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

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

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

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

Cynthia Franke v. State of Florida

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

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

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

Kingland Estates, Ltd. v. Davis

Court: District Court of Appeal of Florida | Date Filed: 2015-06-10

Citation: 170 So. 3d 825, 2015 Fla. App. LEXIS 8785, 2015 WL 3609072

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

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

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

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

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

State v. Kelley

Court: District Court of Appeal of Florida | Date Filed: 2013-03-15

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

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

Russo v. Fink

Court: District Court of Appeal of Florida | Date Filed: 2012-05-09

Citation: 87 So. 3d 815, 2012 WL 1605456, 2012 Fla. App. LEXIS 7333

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: District Court of Appeal of Florida | Date Filed: 2011-06-29

Citation: 73 So. 3d 280, 2011 Fla. App. LEXIS 10155, 2011 WL 2555213

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

Guarscio v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-06-10

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

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

Moynet v. Courtois

Court: District Court of Appeal of Florida | Date Filed: 2009-02-18

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

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: District Court of Appeal of Florida | Date Filed: 2008-09-17

Citation: 991 So. 2d 962, 2008 WL 4223660

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