Category: Criminal Offenses · Statute: F.S. 825.103 · Source: Florida Legislature
Understanding Elder Exploitation (Financial) in Florida
In Florida, financial exploitation of an elderly person or disabled adult is a severe offense governed by Florida Statute Section 825.103. This crime occurs when a person stands in a position of trust and confidence, or has a business relationship with an elderly person, and knowingly obtains or uses their funds, assets, or property with the intent to temporarily or permanently deprive them of its use. It also applies to individuals who lack a prior relationship but target vulnerable adults through deception, intimidation, or undue influence, particularly when the victim lacks the capacity to consent.
Unlike standard theft or fraud, elder exploitation charges specifically focus on the vulnerability of the victim, who must be 60 years of age or older and suffer from the infirmities of aging. Common scenarios prosecuted under this statute include caregivers converting bank accounts for personal use, family members abusing a power of attorney, or scammers coercing an elderly individual into signing over real estate deeds. Because the penalties are tied directly to the value of the property taken, prosecutors aggressively trace financial records to determine whether the offense crosses the threshold into a first-degree felony.
Bail and Pretrial Release for Elder Exploitation Charges
Under Florida law, individuals arrested for financial elder exploitation face heightened scrutiny during their first appearance hearing. Judges frequently impose restrictive bond conditions to protect the victim and preserve remaining assets. This often includes strict "no-contact" orders prohibiting any communication with the elderly victim, mandatory surrender of any power of attorney or fiduciary authority, and prohibitions on accessing the victim's financial accounts while the criminal case is pending.
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