The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES

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

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F.S. 825.102

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;

(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; or

(d) Intentionally, and without lawful authority, isolating or restricting access of an elderly person or a disabled adult to family members for any length of time which could reasonably be expected to result in physical or psychological injury to the elderly person or disabled adult, or with the intent to promote, facilitate, conceal, or disguise some form of criminal activity involving the person or property of the elderly person or disabled adult. It is a defense to a violation of this paragraph that the defendant had reasonable cause to believe that his or her action was necessary to protect the elderly person or disabled adult from danger to his or her welfare.

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; s. 6, ch. 2021-221.

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

S825.102 1 - CRIMES AGAINST PERSON - ABUSE ELDERLY OR DISABLED ADULT WO GREAT HARM - F: T

S825.102 2 - CRIMES AGAINST PERSON - AGGRAVATED ABUSE ELDERLY OR DISABLED ADULT - F: F

S825.102 3b - CRIMES AGAINST PERSON - NEGLECT ELDERLY OR DISABLED ADULT W GREAT HARM - F: S

S825.102 3c - CRIMES AGAINST PERSON - NEGLECT ELDERLY DISABLED ADULT WO GREAT HARM - F: T

Annotations, Discussions, Cases:

Cases from cite.case.law:

MATSON, v. SANDERSON FARMS, INC., 388 F. Supp. 3d 853 (S.D. Tex. 2019)

. . . . §§ 825.102 (a health care provider means "a doctor of medicine" or "[o]thers 'capable of providing . . .

UNITED STATES, v. DAVIS, 139 S. Ct. 2319 (U.S. 2019)

. . . . § 825.102(3)(a) (2018) ("substantial risk of death"), § 827.03(1)(e) (same); W. Va. . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 236 So. 3d 282 (Fla. 2018)

. . . . § 825.102(3)(a) or § 827.03(3)(e), Fla. Stat. . . . Manslaughter 782.07 7.7 *Neglect by Culpable 825.102(3)(b) 29.22 Negligence of a[n] or or [Elderly Person . . . Child] Causing Great Bodily Harm, Permanent Disability, or Permanent Disfigurement *Neglect by Culpable 825.102 . . .

GULFSTREAM PROPERTY CASUALTY INSURANCE v. COLEY,, 225 So. 3d 906 (Fla. Dist. Ct. App. 2017)

. . . for bad faith under section 624.155, Florida Statutes (2016), and for negligence per se under section 825.102 . . . of bad faith pursuant to section 624.155 (Count II); and (3) negligence per se pursuant to section 825.102 . . . the victim, which the victim alleged constituted exploitation of the elderly in violation of section 825.102 . . . to the negligence action in Gerber, the negligence per se claim brought in this action under section 825.102 . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 213 So. 3d 680 (Fla. 2017)

. . . . § 825.102(3)(a) or § 827.03(3)(e). Fla. Stat. “Neglect of hi child”! Ian elderly person”! . . .

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

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

GELIN, v. U. S. ATTORNEY GENERAL,, 837 F.3d 1236 (11th Cir. 2016)

. . . Stat. § 825.102(1). . . . Stat. § 825.102(1). . . . Stat. § 825.102(l)(c). . . . Stat. § 825.102(l)(c). A. . . . Stat. § 825.102(3). . . . My reading of § 825.102(1) differs from the majority’s, so I respectfully dissent. . . . Section 825.102(1) is as follows: (1) “Abuse of an elderly person or disabled adult” means: (a) Intentional . . . Stat, §' 825.102(1). . . . The answer to this question leads me to the conclusion that a person can be convicted under § 825.102 . . . Stat. § 825.102(l)(b)-(c). . . .

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

. . . So.3d 692] and amended in 2016. 29.21 AGGRAVATED ABUSE OF [AN ELDERLY PERSON] [A DISABLED ADULT] § 825.102 . . . Give if the § 825.102(3) (b), Fla. Stat.,_ is charged. . . . Give if element 3a is charged. § 825.102(3)(a), Fla. Stat. . . . Give if “abuse” is charged within element 3b. § 825.102(1), Fla. Stat. . . . Give if “neglect” is charged- withwr-ele-mmt-3b-.-§ 825.102(3), Fla. Stat. . . .

GUNTER, v. CAMBRIDGE- LEE INDUSTRIES, LLC,, 186 F. Supp. 3d 440 (E.D. Pa. 2016)

. . . . § 825.102 (emphasis added). When Mr. Gunter submitted his certification, completed by Dr. . . . condition,” i.e., asthma, a condition that the FMLA’s implementing regulations specifically list in § 825.102 . . .

MAXWELL, a k a v. STATE, 185 So. 3d 702 (Fla. Dist. Ct. App. 2016)

. . . Appellant was ‘ charged with elderly abuse/neglect '• under section 825.102(3)(a)(l), Florida Statutes . . .

HANSLER, v. LEHIGH VALLEY HOSPITAL NETWORK, 798 F.3d 149 (3d Cir. 2015)

. . . . § 825.102. . . . period of incapacity or treatment for incapacity. 29 U.S.C. §§ 2611(11), 2612(a)(1)(D); 29 C.F.R. § 825.102 . . . condition is one that, among other things, "[c]ontinues over an extended period of time.” 29 C.F.R. § 825.102 . . .

BONKOWSKI, v. OBERG INDUSTRIES, INC., 787 F.3d 190 (3d Cir. 2015)

. . . . § 825.102. In fact, the DOL’s FMLA regulations have a rather lengthy and complicated history. . . . 2013, the department “mov[ed] the definitions section from current § 825.800 to currently reserved § 825.102 . . .

MENDEL, v. CITY OF GIBRALTAR,, 607 F. App'x 461 (6th Cir. 2015)

. . . . § 825.102; see also Hoffman v. . . .

TEXAS, v. UNITED STATES E., 95 F. Supp. 3d 965 (N.D. Tex. 2015)

. . . . § 825.102. . . .

WATERS, v. RICKETTS, J. CEO, 48 F. Supp. 3d 1271 (D. Neb. 2015)

. . . . §§ 825.102, 825.122(b) (defining “spouse” for purposes of FMLA leave as “a husband or wife as defined . . .

FERGUSON, v. WILLIAMSON COUNTY DEPARTMENT OF EMERGENCY COMMUNICATIONS,, 18 F. Supp. 3d 947 (M.D. Tenn. 2014)

. . . . § 825.102 (2013). . . .

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

. . . Stat. 784.045 8.4 825.102(2)(a) is charged Abuse of An Elderly Person or Disabled 825.102(1) 29.20 Adult . . . Stat. 825.102(2)(a) is 784,041(1) 8.5 charged Battery if Fla. . . . Give jf the § 825.102(3)(b), Fla. Stat. is charged. . . . Give if element 3a is charged. § 825.102(3) (a), Fla. Stat. . . . Give if “abuse” is chawed within element 3b. § 825.102(1), Fla. Stat. . . .

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

. . . . § 825.102(3)(a)(l), Fla. Stat. (2008). . . . We begin our analysis by pointing out that section 825.102(3)(a) — the neglect provision — is part of . . . Section 825.102(1) makes it a third degree felony to “abuse” a disabled or elderly person; section 825.102 . . . The first substantive provision — section 825.102(1) — criminalizes “abuse,” defined to include, among . . . A holistic reading of section 825.102 therefore suggests that subsection (1) covers affirmative acts, . . .

WATSON, v. STATE, 95 So. 3d 977 (Fla. Dist. Ct. App. 2012)

. . . Watson challenges his judgment and sentence for abuse of an elderly person, a violation of section 825.102 . . . unexplained in our record, the State charged him with the abuse of an elderly person under section 825.102 . . . is a second-degree felony, and abuse of an elderly person is a third-degree felony. §§ 812.13(2)(c), 825.102 . . . III.THE STATUTE Section 825.102(1) provides as follows: (1) “Abuse of an elderly person or disabled adult . . . The purpose of section 825.102 is to provide additional protection for individuals sixty years of age . . .

ESTATE OF BRENNAN, v. CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., 832 F. Supp. 2d 1370 (M.D. Fla. 2011)

. . . effort to identify some source for the defendants’ alleged liability, the plaintiff invokes Section 825.102 . . .

STATE v. MASSINGILL, 77 So. 3d 677 (Fla. Dist. Ct. App. 2011)

. . . Torres’ uncle, Louis Makrez, under section 825.102(2), Florida Statutes (2007). . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- INSTRUCTION, 75 So. 3d 210 (Fla. 2011)

. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .

LAWSON, v. STATE, 51 So. 3d 1287 (Fla. Dist. Ct. App. 2011)

. . . (2002), a second-degree felony; and count three, abuse of an elderly person in violation of section 825.102 . . . Lawson with abuse of an elderly person under section 825.102(1). . . .

In AMENDMENTS TO STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES INSTRUCTION, 41 So. 3d 853 (Fla. 2010)

. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 997 So. 2d 403 (Fla. 2008)

. . . . § 825.102(3)(a) or § 827.03(3)(a), Fla. Stat. Give 1 or 2 as applicable. . . .

E. CHASE, v. STATE, 977 So. 2d 708 (Fla. Dist. Ct. App. 2008)

. . . . §§ 775.082(3)(e) & 825.102(3)(b), Fla. Stat. (1997). . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- No., 946 So. 2d 1061 (Fla. 2006)

. . . . § 825.102(8)(a) or § 827.03(S)(a), Fla. Stat Give 1 or 2 as applicable. . . .

L. JENNINGS, v. STATE, 920 So. 2d 32 (Fla. Dist. Ct. App. 2005)

. . . . § 825.102(3). . . .

JONES, v. STATE, 912 So. 2d 686 (Fla. Dist. Ct. App. 2005)

. . . this direct criminal appeal, Appellant seeks reversal of his conviction for a violation of section 825.102 . . . Such conduct is not “willful” as required for a conviction under section 825.102(3)(c). . . .

HEARNS, v. STATE, 912 So. 2d 377 (Fla. Dist. Ct. App. 2005)

. . . Aggravated abuse of an elderly person or disabled adult, as described in s. 825.102(2); e. . . .

BAYER, v. STATE, 788 So. 2d 310 (Fla. Dist. Ct. App. 2001)

. . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . . was elderly or an disabled adult; and (8) that the death resulted “by culpable negligence under s. 825.102 . . . Section 825.102(3)(a) requires a “caregiver” to commit the described conduct which constitutes culpable . . . Section 825.102(8) proscribes neglect caused either willfully or by culpable negligence. . . . The judge then instructed the jury concerning the meaning of neglect pursuant to section 825.102(3)(a . . .

PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, v. GERBER,, 773 So. 2d 571 (Fla. Dist. Ct. App. 2000)

. . . Prudential violated section 626.9521, Florida Statutes, in obtaining the release and violated section 825.102 . . .

PETERSON, v. STATE, 765 So. 2d 861 (Fla. Dist. Ct. App. 2000)

. . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . . Section 825.102(3), Florida Statutes, provides: (3)(a) “Neglect of an elderly person or disabled adult . . . State, 724 So.2d 626 (Fla. 4th DCA 1998), which sustained the defendant’s conviction under section 825.102 . . . In particular, the defendant in Sieniarecki had asserted that section 825.102(3) was unconstitutionally . . . Finally, the state’s alternate argument is that under section 825.102(3)(a)2, neglect of an elderly person . . . death of an elderly or disabled person by culpable negligence, under circumstances set forth in section 825.102 . . . Neglect of an elderly or disabled person is defined by section 825.102(3) as: (a)l. . . . Lee argues that he, as opposed to James, could not be found to have violated section 825.102(3) because . . . speculated about whether a common law duty exists, pre-dating the statutory one imposed by section 825.102 . . . brother James) had a legal duty, under the circumstances- of this case, be it via common law or section 825.102 . . .

SIENIARECKI, v. STATE, 756 So. 2d 68 (Fla. 2000)

. . . We have for review a challenge to the constitutionality of section 825.102(3), Florida Statutes (1997 . . . After a jury trial, petitioner was found guilty of neglect of a disabled adult, pursuant to section 825.102 . . . SIENIARECKI’S PRIVACY RIGHT Appellant’s last claim is that section 825.102(3) violates her mother’s right . . . Here, petitioner does not challenge section 782.07(2), but applies this same argument to section 825.102 . . . Petitioner asserts that section 825.102(3) creates an affirmative duty "to provide care, supervision, . . .

EVERSLEY, v. STATE, 748 So. 2d 963 (Fla. 1999)

. . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . .

FIRST HEALTHCARE CORPORATION d b a v. E. HAMILTON, L., 740 So. 2d 1189 (Fla. Dist. Ct. App. 1999)

. . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . . Section 825.102 criminalizes abuse, aggravated abuse, and neglect of an elderly person or disabled adult . . . Section 825.102(3)(b) is directed at a person “who willfully or by culpable negligence neglects an elderly . . . Section 825.102(3)(a) defines “[n]e-glect of an elderly person or disabled adult” as 1. . . . Reading section 782.07(2) together with section 825.102(8) leads to the conclusion that one version of . . .

SIENIARECKI, v. STATE, 724 So. 2d 626 (Fla. Dist. Ct. App. 1998)

. . . Pursuant to section 825.102(3), Florida Statutes (1997), appellant was convicted of neglect of a disabled . . . Appellant first contends that sections 782.07(2) and 825.102(3)(a), Florida Statutes (1997), are facially . . . person who causes the death of any elderly person or disabled adult by culpable negligence under s. 825.102 . . . Section 825.102(3), Florida Statutes (1997), provides: (3)(a) "Neglect of an elderly person or disabled . . .

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

. . . . § 825.102(a). . . . .

BARRON, Jr. v. T. RUNYON,, 11 F. Supp. 2d 676 (E.D. Va. 1998)

. . . . § 825.102. . . .

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

. . . . § 825.102. Here, a collective bargain agreement governed the parties’ employment relationship. . . .

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

. . . . § 825.102. . . .

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

. . . upon the Family and Medical Leave Act, which did not become effective until August 5, 1993. 29 C.F.R. 825.102 . . .