Category: Criminal Offenses · Statute: F.S. 825.103 · Source: Florida Legislature
Understanding Exploitation of the Elderly in Florida
Under Florida Statute Section 825.103, exploitation of an elderly person or disabled adult occurs when someone in a position of trust and confidence, or a business relationship, knowingly deprives them of their funds, assets, or property. This offense goes beyond simple theft; it specifically targets the abuse of power, guardianship, or a power of attorney. In Florida, the law defines an "elderly person" as someone 60 years of age or older who suffers from the infirmities of aging. The statute covers a wide range of conduct, from caregivers diverting bank accounts to family members coercing an elderly relative into signing over real estate deeds.
The severity of this charge is directly tied to the monetary value of the property involved. If the value of the exploited assets is less than $10,000, it is charged as a third-degree felony. If the value is between $10,000 and less than $50,000, it rises to a second-degree felony. For exploitation involving assets valued at $50,000 or more, the offense is classified as a first-degree felony. Because these charges often involve complex financial audits, prosecutors frequently rely on bank records, medical evaluations of the victim's cognitive capacity, and legal documents to establish a lack of consent.
Bail and Pretrial Release for Elderly Exploitation
In Florida, individuals arrested for exploitation of the elderly face unique pretrial conditions. Because these cases often involve caregivers or family members living with the victim, judges frequently impose strict "no-contact" orders as a condition of bond, prohibiting the defendant from returning to the victim's residence or accessing shared financial accounts. Additionally, if the court suspects ongoing financial depletion, the judge may freeze the defendant's personal assets or require proof that the funds used to pay the bail bond premium come from a legitimate source rather than the exploited victim's estate.