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F.S. 825.102 on Google Scholar

F.S. 825.102 on Casetext

Amendments to 825.102


The 2019 Florida Statutes

Statutes updated from Official Statutes on: September 19, 2019
Title XLVI
CRIMES
Chapter 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY PERSONS AND DISABLED ADULTS
View Entire Chapter
F.S. 825.102 Florida Statutes and Case Law
825.102 Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties.
(1) “Abuse of an elderly person or disabled adult” means:
(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;
(b) An intentional act that could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult; or
(c) Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or psychological injury to an elderly person or disabled adult.

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) “Aggravated abuse of an elderly person or disabled adult” occurs when a person:
(a) Commits aggravated battery on an elderly person or disabled adult;
(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elderly person or disabled adult; or
(c) Knowingly or willfully abuses an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult.

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3)(a) “Neglect of an elderly person or disabled adult” means:
1. A caregiver’s failure or omission to provide an elderly person or disabled adult with the care, supervision, and services necessary to maintain the elderly person’s or disabled adult’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the elderly person or disabled adult; or
2. A caregiver’s failure to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.

Neglect of an elderly person or disabled adult may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or psychological injury, or a substantial risk of death, to an elderly person or disabled adult.

(b) A person who willfully or by culpable negligence neglects an elderly person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(c) A person who willfully or by culpable negligence neglects an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.s. 3, ch. 95-158; s. 2, ch. 96-322; s. 1, ch. 2008-160.
F.S. 825.102 on Google Scholar

F.S. 825.102 on Casetext

Amendments to 825.102


Arrestable Offenses / Crimes under Fla. Stat. 825.102
Level: Degree
Misdemeanor/Felony: First/Second/Third

825.102 1 - CRIMES AGAINST PERSON - ABUSE ELDERLY OR DISABLED ADULT WO GREAT HARM - F: T
825.102 2 - CRIMES AGAINST PERSON - AGGRAVATED ABUSE ELDERLY OR DISABLED ADULT - F: F
825.102 3b - CRIMES AGAINST PERSON - NEGLECT ELDERLY OR DISABLED ADULT W GREAT HARM - F: S
825.102 3c - CRIMES AGAINST PERSON - NEGLECT ELDERLY DISABLED ADULT WO GREAT HARM - F: T


Civil Citations / Citable Offenses under S825.102
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 825.102.


Annotations, Discussions, Cases: