Florida Statute 825.101 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVI
CRIMES

Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS

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F.S. 825.101

825.101 Definitions.—As used in this chapter:

(1) “Business relationship” means a relationship between two or more individuals or entities where there exists an oral or written contract or agreement for goods or services.

(2) “Caregiver” means a person who has been entrusted with or has assumed responsibility for the care or the property of an elderly person or disabled adult. “Caregiver” includes, but is not limited to, relatives, court-appointed or voluntary guardians, adult household members, neighbors, health care providers, and employees and volunteers of facilities as defined in subsection (7).

(3) “Disabled adult” means a person 18 years of age or older who suffers from a condition of physical or mental incapacitation due to a developmental disability, organic brain damage, or mental illness, or who has one or more physical or mental limitations that restrict the person’s ability to perform the normal activities of daily living.

(4) “Elderly person” means a person 60 years of age or older who is suffering from the infirmities of aging as manifested by advanced age or organic brain damage, or other physical, mental, or emotional dysfunctioning, to the extent that the ability of the person to provide adequately for the person’s own care or protection is impaired.

(5) “Endeavor” means to attempt or try.

(6) “Exploitation” has the same meaning as the term “exploitation of an elderly person or disabled adult” as defined in s. 825.103(1).

(7) “Facility” means any location providing day or residential care or treatment for elderly persons or disabled adults. The term “facility” may include, but is not limited to, any hospital, training center, state institution, nursing home, assisted living facility, adult family-care home, adult day care center, group home, mental health treatment center, or continuing care community.

(8) “Improper benefit” means any remuneration or payment, by or on behalf of any service provider or merchant of goods, to any person as an incentive or inducement to refer customers or patrons for past or future services or goods.

(9) “Kickback” has the same meaning as in s. 456.054(1).

(10) “Lacks capacity to consent” means an impairment by reason of mental illness, developmental disability, organic brain disorder, physical illness or disability, chronic use of drugs, chronic intoxication, short-term memory loss, or other cause, that causes an elderly person or disabled adult to lack sufficient understanding or capacity to make or communicate reasonable decisions concerning the elderly person’s or disabled adult’s person or property.

(11) “Obtains or uses” means any manner of:

(a) Taking or exercising control over property; or

(b) Making any use, disposition, or transfer of property.

(12) “Position of trust and confidence” with respect to an elderly person or a disabled adult means the position of a person who:

(a) Is a parent, spouse, adult child, or other relative by blood or marriage of the elderly person or disabled adult;

(b) Is a joint tenant or tenant in common with the elderly person or disabled adult;

(c) Has a legal or fiduciary relationship with the elderly person or disabled adult, including, but not limited to, a court-appointed or voluntary guardian, trustee, attorney, or conservator;

(d) Is a caregiver of the elderly person or disabled adult; or

(e) Is any other person who has been entrusted with or has assumed responsibility for the use or management of the elderly person’s or disabled adult’s funds, assets, or property.

(13) “Property” means anything of value and includes:

(a) Real property, including things growing on, affixed to, and found in land.

(b) Tangible or intangible personal property, including rights, privileges, interests, and claims.

(14) “Services” means anything of value resulting from a person’s physical or mental labor or skill, or from the use, possession, or presence of property, and includes:

(a) Repairs or improvements to property.

(b) Professional services.

(d) Lodging accommodations.

(e) Admissions to places of exhibition or entertainment.

(15) “Value” means value determined according to any of the following:

(a)1. The market value of the property at the time and place of the offense or, if the market value cannot be satisfactorily ascertained, the cost of replacing the property within a reasonable time after the offense.

2. In the case of a written instrument such as a check, draft, or promissory note, which does not have a readily ascertainable market value, the value is the amount due or collectible. The value of any other instrument that creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation is the greatest amount of economic loss that the owner of the instrument might reasonably suffer by the loss of the instrument.

3. The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner suffered by reason of losing advantage over those who do not know of or use the trade secret.

(b) If the value of the property cannot be ascertained, the trier of fact may find the value to be not less than a certain amount; if no such minimum value can be ascertained, the value is an amount less than $100.

(c) Amounts of value of separate properties involved in exploitation committed pursuant to one scheme or course of conduct, whether the exploitation involves the same person or several persons, may be aggregated in determining the degree of the offense.

(16) “Vulnerable adult” has the same meaning as in s. 415.102(28).

History.—s. 2, ch. 95-158; s. 1, ch. 96-322; s. 1, ch. 2002-195; s. 3, ch. 2014-200; s. 1, ch. 2018-100; s. 104, ch. 2019-3; s. 5, ch. 2021-221.

F.S. 825.101 on Google Scholar

F.S. 825.101 on CourtListener

Amendments to 825.101

Annotations, Discussions, Cases:

Cases Citing Statute 825.101

Total Results: 38

Sieniarecki v. State

756 So. 2d 68, 2000 WL 488455

Supreme Court of Florida | Filed: Apr 27, 2000 | Docket: 471339

Cited 52 times | Published

of facilities as defined in subsection (7)." § 825.101(2), Fla. Stat. (1997) (emphasis supplied). "Disabled

Conner v. State

748 So. 2d 950, 1999 WL 731664

Supreme Court of Florida | Filed: Sep 16, 1999 | Docket: 1504621

Cited 29 times | Published

the definition of "elderly person" found in section 825.101(6),[2] Florida Statutes (1995), and that evidence

In Re Standard Jury Inst. in Crim. Cases-Report 2007-01

965 So. 2d 811, 32 Fla. L. Weekly Supp. 530, 2007 Fla. LEXIS 1535, 2007 WL 2438370

Supreme Court of Florida | Filed: Aug 30, 2007 | Docket: 1509151

Cited 6 times | Published

perform the normal activities of daily living. § 825.101(4), Fla. Stat. (2006). The Committee's proposed

Garrett v. University of Alabama at Birmingham Board of Trustees

193 F.3d 1214, 9 Am. Disabilities Cas. (BNA) 1635, 1999 U.S. App. LEXIS 26846, 76 Empl. Prac. Dec. (CCH) 46,154

Court of Appeals for the Eleventh Circuit | Filed: Oct 26, 1999 | Docket: 1315587

Cited 6 times | Published

employment opportunity for men and women. 29 C.F.R. § 825.101(a). The legislative history also indicates that

State v. Hosty

944 So. 2d 255, 2006 WL 3228789

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1649497

Cited 5 times | Published

disability exists and meets the requirements of section 825.101(4), which will require record development and

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-06.

236 So. 3d 282

Supreme Court of Florida | Filed: Feb 8, 2018 | Docket: 6299402

Cited 4 times | Published

Definitions. Give as applicable. § 825.101(4), Fla. Stat. "Elderly person" means

Jean Bernard Gelin v. U.S. Attorney General

837 F.3d 1236, 2016 U.S. App. LEXIS 17296, 2016 WL 5219863

Court of Appeals for the Eleventh Circuit | Filed: Sep 22, 2016 | Docket: 4424360

Cited 4 times | Published

own care or protection is impaired.” Fla. Stat. § 825.101(4). Lack of knowledge of the victim’s age is not

Jennings v. State

920 So. 2d 32, 2005 WL 3077254

District Court of Appeal of Florida | Filed: Nov 18, 2005 | Docket: 1440747

Cited 4 times | Published

and other crimes described in chapter 825, section 825.101(4) defines a disabled adult as a person 18

Grasso v. Grasso

131 F. Supp. 3d 1303, 2015 U.S. Dist. LEXIS 124535, 2015 WL 5474509

District Court, M.D. Florida | Filed: Sep 17, 2015 | Docket: 64304254

Cited 3 times | Published

District Court of Appeal’s construction of Section 825.101(4) shows, by way of comparison, that Olga was

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

131 So. 3d 755, 2013 WL 6305187

Supreme Court of Florida | Filed: Dec 5, 2013 | Docket: 60238162

Cited 3 times | Published

Definitions. Give as applicable. Fla. Stat. § 825.101(1). “Business relationship” means a relationship

Garrett v. University of AL

193 F.3d 1214

Court of Appeals for the Eleventh Circuit | Filed: Oct 26, 1999 | Docket: 75213

Cited 3 times | Published

employment opportunity for men and women. 29 C.F.R. § 825.101(a). The legislative history also indicates that

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

131 So. 3d 692, 2013 WL 6124277

Supreme Court of Florida | Filed: Nov 21, 2013 | Docket: 60238156

Cited 2 times | Published

disabled adult]. Definitions. Give as applicable. § 825.101(4), Fla. Stat. “Disabled” adult means a person

State v. Hosty

835 So. 2d 1202, 2003 WL 25872297

District Court of Appeal of Florida | Filed: Jan 2, 2003 | Docket: 1624271

Cited 2 times | Published

addition to findings pursuant to s. 90.804(1). Section 825.101(4), Florida Statutes (2001) defines "[d]isabled

Maxwell v. State

110 So. 3d 958, 2013 WL 1136416, 2013 Fla. App. LEXIS 4418

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60230529

Cited 1 times | Published

injury to an elderly person or disabled adult.” § 825.101(l)(b), Fla. Stat. (2008). Subsection (3) of the

Watson v. State

95 So. 3d 977, 2012 WL 3588053, 2012 Fla. App. LEXIS 13999

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311357

Cited 1 times | Published

in s. 775.082, s. 775.Ó83, or s. 775.084. Section 825.101(5) defines the term “elderly person” as follows:

Estate of Brennan v. Church of Scientology Flag Service Organization, Inc.

832 F. Supp. 2d 1370, 2011 U.S. Dist. LEXIS 140188, 2011 WL 6048687

District Court, M.D. Florida | Filed: Dec 6, 2011 | Docket: 65977475

Cited 1 times | Published

defined in Section 825.101(4) and that no defendant is a “caregiver” as defined in Section 825.101(2). In

Ellison v. State

983 So. 2d 1205, 2008 WL 2150043

District Court of Appeal of Florida | Filed: May 23, 2008 | Docket: 1756222

Cited 1 times | Published

was able to prove the element of deception. Section 825.101(3), Florida Statutes (2005) defines deception

Bayer v. State

788 So. 2d 310, 2001 WL 497318

District Court of Appeal of Florida | Filed: May 11, 2001 | Docket: 1286764

Cited 1 times | Published

caregiver and elderly person contained in section 825.101(2) and (5): Caregiver means a person who has

Peterson v. State

765 So. 2d 861, 2000 WL 1161915

District Court of Appeal of Florida | Filed: Aug 18, 2000 | Docket: 428832

Cited 1 times | Published

volunteers of facilities as defined in subsection (7). § 825.101(2), Fla. Stat. We think the evidence in this case

Conner v. State

709 So. 2d 170, 1998 WL 135265

District Court of Appeal of Florida | Filed: Mar 27, 1998 | Docket: 1682077

Cited 1 times | Published

right to appeal the constitutional issues. Section 825.101(6), Florida Statutes (1995), defines an "elderly

In Re: Amendments to Florida Probate Rules - 2025 Legislation

Supreme Court of Florida | Filed: Aug 28, 2025 | Docket: 71219093

Published

, who resides at (address): 2. Section 825.101, Florida Statutes, provides that a vulnerable

Seduction Cosmetic Center Corp. v. Von Dunbar

District Court of Appeal of Florida | Filed: Jan 15, 2025 | Docket: 69546354

Published

and includes . . . Professional services.”); § 825.101(14), Fla. Stat. (2019) (same). Clearly, pre-operative

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Dec 12, 2024 | Docket: 69351374

Published

disabled adult, as those terms are defined in section 825.101, Florida Statutes. d. I am mentally

In Re: Amendments to Florida Probate Rules

Supreme Court of Florida | Filed: Nov 7, 2024 | Docket: 69351374

Published

disabled adult, as those terms are defined in section 825.101, Florida Statutes. d. I am mentally

In Re: Amendments to Florida Probate Rules - 2023 Legislation

Supreme Court of Florida | Filed: Dec 14, 2023 | Docket: 68088044

Published

- 45 - 2. Section 825.101(14), Florida Statutes, provides that a vulnerable

In Re: Amendments to the Florida Probate Rules - 2021 Fast-Track Report

Supreme Court of Florida | Filed: Nov 4, 2021 | Docket: 60698371

Published

disabled adult, as those terms are defined in section 825.101, Florida Statutes. See ch. 2021-221, § 2,

In Re: Amendments to the Florida Probate Rules - Vulnerable Adults

Supreme Court of Florida | Filed: Sep 24, 2020 | Docket: 18469786

Published

who resides at (address): 2. Section 825.101(14), Florida Statutes, provides that a vulnerable

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-04.

257 So. 3d 370

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193607

Published

charged from § 825.1025(1), Fla. Stat. § 825.101(3), Fla. Stat. "Disabled adult" means

In Re: Standard Jury Instructions in Criminal Cases-Report 2018-03.

253 So. 3d 995

Supreme Court of Florida | Filed: Sep 27, 2018 | Docket: 7943250

Published

resources. Give as applicable. § 825.101(3), Fla. Stat. "Disabled adult" means

In Re: Standard Jury Instructions in Criminal Cases—report 2016-01

213 So. 3d 680

Supreme Court of Florida | Filed: Mar 9, 2017 | Docket: 4615973

Published

applied to an Elderly Person or a Disabled Adult. § 825.101(2). Fla. Stat “Caregiver” means a person

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2016-03

202 So. 3d 830

Supreme Court of Florida | Filed: Oct 27, 2016 | Docket: 4483116

Published

resources. Give as applicable. § 825.101(3), Fla. Stat. “Disabled adult” means a

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

194 So. 3d 1007, 2016 WL 3654189

Supreme Court of Florida | Filed: Jul 7, 2016 | Docket: 4108659

Published

Definitions. Give as applicable. § 825.101(^3), Fla. Stat. “Disabled adult” means

Cynthia Franke v. State of Florida

188 So. 3d 886, 2016 Fla. App. LEXIS 1049, 2016 WL 358614

District Court of Appeal of Florida | Filed: Jan 27, 2016 | Docket: 3031164

Published

property. “‘Endeavor’ means to attempt or try.” § 825.101(6), Fla. Stat. (2009). Obtain “means any manner

Cynthia Franke v. State of Florida

District Court of Appeal of Florida | Filed: Dec 16, 2015 | Docket: 3021576

Published

property. “‘Endeavor’ means to attempt or try.” § 825.101(6), Fla. Stat. (2009). Obtain “means any manner

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

176 So. 3d 938, 2015 WL 5853925

Supreme Court of Florida | Filed: Oct 8, 2015 | Docket: 2866126

Published

into a contract or agreement. Fla. Stat. § 825.101(43), Fla. Stat. “Disabled adult” means

State v. Traylor

77 So. 3d 224, 2011 Fla. App. LEXIS 20494, 2011 WL 6438004

District Court of Appeal of Florida | Filed: Dec 23, 2011 | Docket: 2355643

Published

ten or more elderly persons, as defined in section 825.101(5), (b) twenty or more persons, as defined

Guarscio v. State

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

District Court of Appeal of Florida | Filed: Jun 10, 2011 | Docket: 60301378

Published

adult to enter into a contract or agreement. § 825.101(3). “Intimidation” is defined as “the communication

Bernau v. State

891 So. 2d 1229, 2005 Fla. App. LEXIS 1312, 2005 WL 292010

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 64835703

Published

obtained the money by deception or intimidation. Section 825.101(8), Florida Statutes (1999), defines “intimidation”