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Florida Statute 825.103 | Lawyer Caselaw & Research
F.S. 825.103 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS
View Entire Chapter
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 from cite.case.law:

JOHNSON, v. STATE, 267 So. 3d 16 (Fla. App. Ct. 2019)

. . . Analysis Appellant was convicted of exploitation of an elderly person under section 825.103(1)(b) of . . . reasonably should know that the elderly person or disabled adult lacks the capacity to consent[.] § 825.103 . . . assets, or property is valued at less than $10,000, the offender commits a felony of the third degree. § 825.103 . . . Based on the foregoing, in order to sustain Appellant's conviction under section 825.103(1)(b), the State . . . Appellant for the offense of exploitation of an elderly person in the amount of less than $10,000. § 825.103 . . .

PARRONDO, v. STATE, 239 So. 3d 777 (Fla. App. Ct. 2018)

. . . The Defective Jury Instruction Section 825.103, Florida Statutes (2008), titled "Exploitation of an elderly . . . Thus, in 2008, the State could prove a section 825.103 exploitation of an elderly person or disabled . . . Specifically, under section 825.103(1)(b), the instruction omitted the element that the defendant knew . . . Montero lacked the capacity to consent, and under section 825.103(1)(a), the instruction omitted the . . . Section 825.103 has since been amended. . . .

SMITH, v. STATE, 211 So. 3d 176 (Fla. Dist. Ct. App. 2016)

. . . the date of discovery of the violation. (10) A prosecution for a felony violation of s. 825.102 or s. 825.103 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 194 So. 3d 1007 (Fla. 2016)

. . . See § 825.103, Fla. Stat. . . .

FRANKE, v. STATE, 188 So. 3d 886 (Fla. Dist. Ct. App. 2016)

. . . In 2010, Franke was arrested and charged with exploitation of the elderly, under section 825.103, Florida . . . The State’s case was based on two theories under section 825.103, Florida Statutes. . . . Everett, 831 So.2d at 741; see also § 825.103(1)(a), Fla. Stat. (2009). . . . . § 825.103(l)(b); Everett, 831 So.2d at 741. . . . Prior reported cases which we have found addressing section 825.103 have concerned a present transfer . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 176 So. 3d 938 (Fla. 2015)

. . . , aad-2013 [109 So.3d 721], and 2015. 14.9 EXPLOITATION OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.103 . . . Stat. § 825.103(l)(b), Fla. Stat. 1. (Victim) was [an elderly person] [a disabled adult], 2. . . . 'Mek-Statr-§ 825.103(1) (c), Fla. Stat. 1. (Victim) was [an elderly person] [a disabled adult]. 2. . . . If § 825.103(l)(c), Fla. Stat. is charged, give as applicable. A “trustee” must be an individual. . . . donations to nonprofit organizations that qualify for tax exempt status under the Internal Revenue Code. § 825.103 . . .

KINGLAND ESTATES, LTD. v. DAVIS,, 170 So. 3d 825 (Fla. Dist. Ct. App. 2015)

. . . Statutes; and, e. cyberstalking and exploiting an elderly person in violation of sections 784.048 and 825.103 . . .

IN RE TREXLER, J. v., 528 B.R. 842 (Bankr. N.D. Ga. 2015)

. . . that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103 . . .

PROU, v. GIARLA,, 62 F. Supp. 3d 1365 (S.D. Fla. 2014)

. . . that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103 . . .

UNITED HEALTHCARE SERVICES, INC. v. SANCTUARY SURGICAL CENTRE, INC. LLC, LLC, LLC, PSG S. LLC, a k a, 5 F. Supp. 3d 1350 (S.D. Fla. 2014)

. . . evidence that he or she has been injured in any fashion by reason of any violation of 812.012-812.037 or 825.103 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 755 (Fla. 2013)

. . . Stat. § 825.103(l)(a). 1. (Victim) was [an elderly person] [a disabled adult]. 2. . . . Stat. § 825.103(l)(c). 1. (Victim) was [an elderly person] [a disabled adult]. 2. . . . Petit theft - second 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~) is charged 812.014(2Yal1. 14.1 Grand Theft, if S 825.103(1 Yal or (bl is charged . . . , if S 825.103(1 Ya! . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 131 So. 3d 692 (Fla. 2013)

. . . See § 825.103, Fla. Stat. . . .

TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM, v. WEXFORD SPECTRUM FUND, L. P. L. P. L. P. GP, L. L. C., 953 F. Supp. 2d 726 (W.D. Tex. 2013)

. . . privileges” grant); 821.004 (same for TRS); 815.103 (ERS’s board charged with managing trust’s assets); 825.103 . . .

ADAMS, v. CITY OF ORMOND BEACH, a, 514 F. App'x 952 (11th Cir. 2013)

. . . . § 825.103(1)—(2). . . .

MAXWELL, v. STATE, 110 So. 3d 958 (Fla. Dist. Ct. App. 2013)

. . . lewd and lascivious offenses committed in the presence of a disabled or elderly person; and section 825.103 . . .

STATE v. KELLEY,, 109 So. 3d 316 (Fla. Dist. Ct. App. 2013)

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

BURGER, a v. HARTLEY,, 896 F. Supp. 2d 1157 (S.D. Fla. 2012)

. . . that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103 . . .

RUSSO, v. FINK, 87 So. 3d 815 (Fla. Dist. Ct. App. 2012)

. . . that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103 . . .

RESIDENTIAL SAVINGS MORTAGE, INC. a v. KEESLING a, 73 So. 3d 280 (Fla. Dist. Ct. App. 2011)

. . . out the claim of exploitation of the elderly by deception pursuant to sections 772.11, 825.101(3) and 825.103 . . .

GUARSCIO, v. STATE, 64 So. 3d 146 (Fla. Dist. Ct. App. 2011)

. . . amended information charged Guarscio with exploitation of an elderly person in violation of section 825.103 . . . who: 1.Stands in a position of trust and confidence with the elderly person or disabled adult.... § 825.103 . . .

In LAS VEGAS CASINO LINES, LLC, LLC, v., 454 B.R. 223 (Bankr. M.D. Fla. 2011)

. . . that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103 . . .

In LORENZO, A. R US, LLC, v., 434 B.R. 695 (Bankr. M.D. Fla. 2010)

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

MOYNET, v. COURTOIS, 8 So. 3d 377 (Fla. Dist. Ct. App. 2009)

. . . been injured in any fashion by reason of any violation of sections 812.012 through 812.087 or section 825.103 . . .

JOHNSON, v. STATE, 991 So. 2d 962 (Fla. Dist. Ct. App. 2008)

. . . 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). . . . with the intent to temporarily or permanently deprive the victim of its use, benefit, or possession. § 825.103 . . . exploitation when she "[k]nowingly, by deception or intimidation” obtains or uses the victim’s property. § 825.103 . . .

ELLISON, v. STATE, 983 So. 2d 1205 (Fla. Dist. Ct. App. 2008)

. . . Ellison appeals a judgment for exploitation of an elderly person or disabled adult pursuant to section 825.103 . . . Ellison with violating Section 825.103(l)(a) and (2)(b) Section 825.103(l)(a) defines exploitation of . . . Ellison with violating section 825.103(l)(b), wherein a person obtains an elderly person’s assets when . . .

OCALA JOCKEY CLUB, LLC, L. v. ROGERS,, 981 So. 2d 1245 (Fla. Dist. Ct. App. 2008)

. . . that he or she has been injured in any fashion by reason of any violation of ss. 812.012-812.037 or s. 825.103 . . .

YERRICK, v. STATE, 979 So. 2d 1228 (Fla. Dist. Ct. App. 2008)

. . . See §§ 812.014(l)(a), 825.103, Fla. Stat. (2004). . . .

NEW LENOX INDUSTRIES, INC. a v. H. FENTON, LLC., 510 F. Supp. 2d 893 (M.D. Fla. 2007)

. . . this case — now includes in the list of enumerated crimes “any violation of §§ . 812.012-812.037 or § 825.103 . . .

BERNAU, v. STATE, 891 So. 2d 1229 (Fla. Dist. Ct. App. 2005)

. . . judgment for exploitation of an elderly person through deception or intimidation pursuant to section 825.103 . . . Section 825.103(1), Florida Statutes (1999), sets forth two separate ways in which the crime of exploitation . . . Here, the information specifically charged David Bernau with violating section 825.103(l)(a) and specifically . . . The State did not seek to prove the crime 'set forth in section 825.103(l)(b), wherein a person obtains . . .

McNARRIN, v. STATE, 876 So. 2d 1253 (Fla. Dist. Ct. App. 2004)

. . . charged with two counts of exploitation of an elderly person or disabled adult in violation of sections 825.103 . . . Debrovner with the intent to deprive her of the funds received on that date in violation of section 825.103 . . . Section 825.103 defines “exploitation of an elderly person” as follows: (a) Knowingly, by deception or . . .

J. UNDERWOOD, v. STATE, 862 So. 2d 800 (Fla. Dist. Ct. App. 2003)

. . . . § 825.103(l)(a), Florida Statutes. . . .

In PSI INDUSTRIES, INC. R. PSI v., 306 B.R. 377 (Bankr. S.D. Fla. 2003)

. . . that he or she has been injured in any fashion by reason of any violation of ss 8.12.012-812.37 or s. 825.103 . . .

ROBINSON, v. STATE, 850 So. 2d 658 (Fla. Dist. Ct. App. 2003)

. . . . §§ 825.103(l)(a), (2)(c), 775.082(3)(d), Fla. Stat. (2000). . . . .

SHER v. COUNTRYWIDE HOME LOANS, INC. a f k a d b a s, 848 So. 2d 1246 (Fla. Dist. Ct. App. 2003)

. . . in a suit for civil theft pursuant to sections 812.012-812.037, Florida Statutes (2002), or section 825.103 . . .

EVERETT, v. STATE, 831 So. 2d 738 (Fla. Dist. Ct. App. 2002)

. . . Count I of the information charged appellant with exploitation of the elderly as provided in section 825.103 . . . In brief, to prove exploitation under section 825.103(l)(a), the State was required to establish that . . . See § 825.103(l)(a)l., Fla. Stat. (2001). . . . To establish exploitation under section 825.103(l)(b), the State was required to prove that: (1) the . . . Stat. (1997); § 825.103(l)(b) (1997). . . .

RICH, v. STATE, 823 So. 2d 208 (Fla. Dist. Ct. App. 2002)

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

THOMASON, v. STATE, 790 So. 2d 1189 (Fla. Dist. Ct. App. 2001)

. . . section 812.014(2)(c), Florida Statutes (1997) and exploitation of an elderly person, defined in section 825.103 . . .

A. O HARA, v. MT. VERNON BOARD OF EDUCATION,, 16 F. Supp. 2d 868 (S.D. Ohio 1998)

. . . (§ 825.103) Because both the leave entitlement and notice provisions of the act are not effective until . . . effective date may be counted against the employee's leave entitlement under the FMLA. 29 C.F.R. § 825.103 . . .

SANTOS, v. SHIELDS HEALTH GROUP,, 996 F. Supp. 87 (D. Mass. 1998)

. . . . § 825.103(a). . . .

R. CARUTHERS, v. PROCTOR GAMBLE MANUFACTURING COMPANY,, 961 F. Supp. 1484 (D. Kan. 1997)

. . . . § 825.103(a) (1996) (“An eligible employee’s right to take FMLA leave began on the date that the Act . . .

OSWALT, v. SARA LEE CORPORATION, d b a, 74 F.3d 91 (5th Cir. 1996)

. . . . § 825.103(a). . . .

PAASCH, v. CITY OF SAFETY HARBOR,, 915 F. Supp. 315 (M.D. Fla. 1995)

. . . required if the employee was on employer-approved leave at the time the Act became effective, 29 C.F.R. 825.103 . . .